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HomeMy WebLinkAbout2021/02/16 - ADMIN - Agenda Packets - City Council - RegularAGENDA FEB. 16, 2021 All meetings of the St. Louis Park City Council will be conducted by telephone or other electronic means starting March 30, 2020, and until further notice. This is in accordance with a local emergency declaration issued by the city council, in response to the coronavirus (COVID-19) pandemic and Governor Walz's “Stay Safe MN” executive order 20-056. The chief administrator has determined that in-person council or commission/committee meetings are not feasible at this time due to the pandemic. Closed executive session at 5:30 p.m.; Economic development authority (EDA) at 6:20 p.m.; Regular city council meeting at 6:30 p.m. Following the closed executive session, some or all members of the St. Louis Park City Council will participate in the Feb. 16 EDA and city council meeting by electronic device or telephone rather than by being personally present at the city council's regular meeting place at 5005 Minnetonka Blvd. Visit bit.ly/slpccagendas to view the agenda and reports. Members of the public can monitor the meeting by video and audio at bit.ly/watchslpcouncil and on local cable (Comcast SD channel 17 and HD channel 859). For audio only call +1.312.535.8110 and use access code 372 106 61. Members of the public who want to address the city council during the regular meeting about items on the agenda should call the number noted below next to the corresponding item. Call when the meeting starts at 6:30 p.m. and follow instructions provided. Comments will be taken during each item in the order they are received and must relate to an item on the current city council agenda. •952.562.2886 – consent agenda items 4a -4j •952.562.2887 – item 6a - Allocation of 2021 Community Development Block Grant (CDBG) funds •952.562.2888 – item 8a – Ordinance re: outdoor seating in the I -G general industrial zoning district 5:30 p.m. CLOSED EXECUTIVE SESSION 1. Police security briefing* (Verbal) *The meeting will be closed as permitted by MN Statute Section 13D.05 Subd. 3 (d) to receive a security briefing from Police Chief Harcey regarding procedures and plans to protect public buildings and infrastructure, to discuss issues related to security systems, to discuss emergency response procedures , and to discuss security deficiencies in or recommendations regarding public services, infrastructure and facilities in response to civil unrest. Disclosure of the information discussed would pose a danger to public safety or compromise security procedures or responses. 6:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY 1.Call to order 2.Roll call 3.Approval of minutes 3a. EDA meeting minutes of Feb. 1, 2021 7.New business 7a. Preliminary development agreement between the EDA and Wooddale Station LLC Recommended action: Motion to adopt EDA Resolution approving the preliminary development agreement between the EDA and Wooddale Station LLC. Meeting of Feb. 1 6, 2021 City c ouncil agenda 6:30 p.m. CITY COUNCIL MEETING 1.Call to order 1a. Pledge of allegiance 1b. Roll call 2.Presentations 2a. Recognition of Kori Shingles and Jason West for MRPA Presidential Award for work on race, equity, and inclusion REI 2b. Recognition of donations 2c. Discover St. Louis Park (DSLP) update 3.Approval of minutes 3a. City council meeting minutes of Jan. 4, 2021 3b. Study session meeting minutes of Jan. 11, 2021 4.Approval of agenda and items on consent calendar 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.) 4a. Adopt Resolution approving renewal of liquor licenses for the license term March 1, 2021 through March 1, 2022. 4b . Approve the amendment to the amended and restated agreement, between the city and T-Mobile Central LLC, for communication antennas and related equipment on the city’s water tower at 8301 West 34th Street for Agreement No. 21-17. 4c . Approve Amendment No. 2 to City Agreement No. 14-04, between the city and T-Mobile for communication antennas on the city’s water tower at 2541 Nevada Avenue South. 4d . A dopt Resolution approving acceptance of a $200 donation from Linda Mell for the purchase of a tree in Wolfe Park and a $300 donation from Lynn Camp and Lesley Dionne for the purchase of a memorial tree in Wolfe Park in honor of Dave and Ruth Bowman. 4e . Designate Northdale Construction Company as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $348,900 for the Booster Station at Water Treatment Plant #8, Project No. 5321-5004. 4f . Adopt Resolution authorizing staff to amend the cooperative agreement with Hennepin County. The agreement is for a feasibility study to consider connections across the BNSF Railroad adjacent to Highway 100 - Project No. 4018-2000. 4g . Adopt Resolution delegating authority to make electronic fund transfers to the chief financial officer. 4h . Adopt Resolution setting liquor license fees for the license term March 1, 2021 – March 1, 2022 pursuant to Minnesota statute 340A.408 and section 3-59 of the St. Louis Park City Code. 4i . Designate Bituminous Roadways, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $557,979.17 for the 2021 Street Maintenance– Project No. 4021-1200. 4j . Adopt Resolution providing for the sale of general obligation bonds in the amount of approximately $12,385,000. (Requires 6 of 7 affirmative votes.) 4k . Approve for filing planning commission minutes of Jan. 6, 2021 Meeting of Feb. 1 6, 2021 City c ouncil agenda 5. Boards and commissions -- None 6. Public hearings 6a. Public hearing to consider allocation of 2021 Community Development Block Grant (CDBG) funds Recommended action: Mayor to open public hearing, take testimony, and then close the hearing. Motion to adopt Resolution approving proposed use of 2021 Urban Hennepin County Community Development Block Grant (CDBG) funds and authorize execution of sub-recipient agreement with Hennepin County and third-party agreements. 7. Requests, petitions, and communications from the public – None 8. Resolutions, ordinances, motions and discussion items 8a. First reading of ordinance pertaining to outdoor seating in the I-G general industrial zoning district Recommended action: Motion to approve the first reading of Ordinance amending Section 36- 244(e) pertaining to outdoor seating in the I-G general industrial zoning district and set second reading for March 1, 2021. 9. Communications – None **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 public, that item may be moved to an appropriate section of the regular agenda for discussion. 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 sc hedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for video on demand replays. During the COVID-19 pandemic, agendas will be posted on Fridays on the entrance doors to city hall and on the text display on civic TV cable channel 17. The agenda and full packet are available after noon on Friday on the city’s website. If you need special accommodations or have questions about the meeting, please call 952-924-2525. Meeting: Economic development authority Meeting date: February 16, 2021 Minutes: 3a Unofficial minutes EDA meeting St. Louis Park, Minnesota Feb. 1, 2021 1. Call to order President Brausen called the meeting to order at 6:27 p.m. 2. Roll call Commissioners present: President Brausen, Rachel Harris, Lynette Dumalag, Larry Kraft, Nadia Mohamed, Margaret Rog, and Jake Spano Commissioners absent: none Staff present: Executive Director (Mr. Harmening), Director of Community Development (Ms. Barton), Principal Planner (Ms. McMonigal), Sr. Engineering Project Manager (Mr. Sullivan), Senior Planner (Ms. Monson), Senior Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas) 3. Approval of minutes 3a. EDA meeting minutes of Jan. 4, 2021 It was moved by Commissioner Rog, seconded by Commissioner Harris, to approve the EDA meeting minutes of Jan. 4, 2021 as presented. The motion passed 7-0. 4. Approval of agenda and items on EDA consent calendar 4a. Accept for filing EDA disbursement claims for the period of Dec. 26 through Jan. 22, 2021. It was moved by Commissioner Rog, seconded by Commissioner Kraft, to accept for filing EDA disbursement claims for the period of Dec. 26 through Jan. 22, 2021. The motion passed 6-0-1 (Commissioner Dumalag abstained). 4b. Adopt EDA Resolution approving the proposed Assignment and Assumption of redevelopment contract between Sidal Crossroads Co., LLC and CP4 7201 Walker, LLC. It was moved by Commissioner Rog, seconded by Commissioner Harris, to adopt EDA Resolution No. 21-01 approving the proposed Assignment and Assumption of redevelopment contract between Sidal Crossroads Co., LLC and CP4 7201 Walker, LLC. Economic development authority meeting of February 16, 2021 (Item No. 3a) Page 2 Title: EDA meeting minutes of February 1, 2021 The motion passed 7-0. 5. Reports - none 6. Old business - none 7. New business - none 8. Communications – none 9. Adjournment The meeting adjourned at 6:31 p.m. ______________________________________ ______________________________________ Melissa Kennedy, secretary Tim Brausen, president Meeting: Economic development authority Meeting date: February 16, 2021 Action agenda item: 7a Executive summary Title: Preliminary development agreement between the EDA and Wooddale Station LLC Recommended action: Motion to adopt EDA Resolution approving the preliminary de velopment agreement between the EDA and Wooddale Station LLC. Policy consideration: Does the EDA support the proposed preliminary development agreement with Wooddale Station LLC which f ormaliz es the resp ective p arties’ o bligations relative to preparing a mixed-use de velopment plan and contracts for the SWLRT Wooddale Station Site? Summary: At the December 14, 2020 study session, the EDA selected Saturday Properties and Anderson Companies (Wooddale Station LLC) as its partner development team for redevelopment of the SWLRT Wooddale Station Site. Staff was directed to prepare a Preliminary Development Agreement (PDA) between the EDA and Wooddale Station LLC in which the parties pledge to work cooperatively together toward a mutually acceptable mixed- use development plan and a purchase and redevelopment contract for the site. The purpose of the P DA is to f ormalize t he p arti es’ resp ective responsibilities relative to f urth er d efining the SWLRT Wooddale Station redevelopment project consistent with the parties’ mutual objective s. The P DA also provides Wooddale Station LLC with formal permission to access the site to conduct its due diligence. Further included in the agreement is an outline for applying for land use and zoning changes as well as tax increment financing assistance. During the term of the PDA, Wooddale Station LLC would be provided with exclusive rights to ne gotiate acquisition of the subject property with the EDA. Wooddale Station LLC also agrees to reimburse the EDA for all reasonable o ut-of-pocket administrative costs (such as legal and financial consulting f ees) incurred in connection with review and analysis of the propose d redevelopment. The PDA would terminate if : (1) the development team does not secure an execute d purchase agreement with the owner of the parcel adjoining the EDA property by July 31, 2021 and a revised redevelopment proposal has not been preliminarily accepted by the EDA within 30 days after receipt of such a proposal, (2) the EDA has not approved a purchase and redevelopment contract with Wooddale Station LLC by March 31, 2022, or (3) by mutual written agreement of the parties or a determination by either party that negotiations have reached an impasse. Financial or budget considerations: The precise purchase price of the EDA parcel as well as the amount of financial assistance necessary to bring the proposed SWLRT Wooddale Station redevelopment to fruition will require f urther discussion with the development team once the project’s actual components are fully defined. It is anticipated that implementation of the proposed redevelopment plans for the SWLRT Wooddale Station Site w ill require Tax Increment Financing assistance. Strategic priority consideration: The proposed project is intended to mee t all the city’s strat egic p riorities. Supporting documents: EDA Resolution ; Preliminary development agreement Prepared by: Greg Hunt, e conomic development coordinator Reviewed by: Karen Barton, community development director Approve d by: Tom Harmening, city manager/EDA e xecutive director Page 2 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC EDA Resolution No. 21 - ____ E DA Resolution approving a preliminary development agreement between the St. Louis Park Economic Development Authority and Wooddale Station LLC Whereas, pursuant to its authority under Minnesota Statutes, Sections 469.090 to 469.1082, as amended, the St. Louis Park Economic Development Authority (the “Authority”) administers its Redevelopment Project No. 1 (the “Project”), for the purpose of facilitating the redevelopment of certain substandard property within the Project; and Whereas, the Authority owns certain property within the Project (the “Authority Parcel”), and Wooddale Station LLC (the “Developer”) has entered negotiations with a third party to acquire certain other property adjacent to the Authority Parcel within the Project (the “Third -Party Parcel” and together with the Authority Parcel, the “Development Property”), all located on the south side of the proposed Southwest LRT Wooddale Station; and Whereas, the Development Property has been the subject of certain preliminary negotiations between the parties for purposes of constructing a mixed-use (multi-family residential and commercial) development on the Development Property, together with related parking (the “Development”); and Whereas, the Authority and the Developer have negotiated a Preliminary Development Agreement (the “Agreement”), providing for the performance of certain activities on the part of the parties in preparation for the negotiation of a definitive Purchase and Redevelopment Contract in connection with the Development Property, as presented for the Authority’s consideration ; and Whereas, the Board has reviewed the Agreement and finds that the approval and execution of the Agreement are in the best interest of the City and its residents. and will spur redevelopment of underutilized and blighted property, encourage commerce and alternative transportation, and enhance the City’s tax base . Now therefore be it resolved by the St. Louis Park Economic Development Authority that the Agreement as presented to the Board of Commissioners 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 evid ence of approval. It is further resolved that the President and Executive Director are hereby authorized to execute on behalf of the Authority the Agreement, and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. It is further resolved that Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Page 3 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC Reviewed for Administration: Adopted by the Board of Commissioners February 16, 2021 Thomas K. Harmening, executive director Tim Brausen , president Attest: Melissa Kennedy, secretary PRELIMINARY DEVELOPMENT AGREEMENT THIS PRELIMINARY DEVELOPMENT AGREEMENT (this “Agreement”), dated ____2021, 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 Wooddale Station LLC, a Minnesota limited liability company (the “Developer”); WI TNESSETH: WHEREAS, the Authority desires to promote development of certain property within Redevelopment Project No. 1 (the “Project”) in the City of St. Louis Park (the “City”), located at 5950 36th Street West and 5802 36th Street West and described in Exhibit A hereto (the “Property”); and WHEREAS, the Property is made up of two parce ls, with the 5950 36th Street West parcel owned by the Authority (the “Authority Parcel”) and the 5802 36th Street West parcel owned by a third party (the “Third-Party Parcel”); and WHEREAS, the Authority has determined that it is in the best interests of the Authority and of the City as a whole that the Developer be designated as the sole developer of the Property during the term of this Agreement; and WHEREAS, the Developer desires to acquire the Property for purposes of constructing a mixed -use (multi-family residential and commercial), mixed -income, transit -oriented development on the Property incorporating affordable housing, renewable energy sources, public spaces, and public art, as well as related automobile parking and bicycle facilities (the “Development”); and WHEREAS, the Developer has requested that the Authority provide tax increment financing under Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the “Tax Increment Act”) or other public financial assistance to offset a portion of the public costs of the Development; and WHEREAS, the Authority and the Developer are willing and desirous to undertake the Development if (i) a satisfactory agreement can be reached regarding the Authority’s commitment for public costs necessary for the Development; (ii) satisfactory mortgage and equity financing, or adequate cash resources, for the Development can be secured by Developer; (iii) the parties reach a satisfactory resolution of zoning, land use, public infrastructure, and site design issues; (iv) the Developer successfully acquires the Third-Party Parcel; and (v) the economic feasibility and soundness of the Development and other necessary preconditions have been determined to the satisfaction of the parties; and WHEREAS, the parties wish to enter into this Agreement setting forth their respective responsibilities in connection with the Property. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations set forth herein, the Authority and the Developer hereby agree as follows: Page 4 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC 1.During the term of this Agreement, the Authority agrees to designate the Developer as the sole developer of the Authority Parcel and to negotiate solely with the Developer relative to the acquisition and development of the Authority Parcel. As consideration for this designation, the Developer shall pay a deposit of $10,000 (the “Development Deposit”) to the Authority upon execution of this Agreement, which Development Deposit shall be nonrefundable, but subject to the provisions of Section 18 hereof. If the parties execute a Purchase and Redevelopment Contract (as described hereinafter) and proceed to closing on the conveyance of the Authority Parcel, all Development Deposit amounts paid to the Authority by the Developer shall be applied to the purchase price of such property. 2.The parties agree to work cooperatively towards defining the Development and its components (including but not limited to site design, building plans and specifications, number of market-rate and affordable residential units, commercial square footage, building stories and height, sustainable and Transit Oriented Development (TOD) components, public art and structured parking, stormwater management, streets and sidewalks, and all other necessary public infrastructure improvements), determining its financial feasibility, the infrastructure necessary to service it, and the approvals necessary to bring it to fruition, as well as to negotiate in good faith toward a definitive Purchase and Redevelopment Contract (the “Contract”) and a related planning development contract regarding the Development, all generally consistent with the concept proposal for the Development presented to the Authority by the Developer on December 14, 2020 (the “Concept Proposal”). Certain particulars of the Concept Proposal, including initial renderings, site plan, and other development metrics, are attached hereto as Exhibit B. The parties agree that negotiation and approval of the Contract shall be based on the Concept Proposal, including the Exhibit B metrics, to the extent determined to be feasible and warranted based on evaluation and review by the parties of the relevant facts pursuant to this Agreement. 3.Developer shall prepare a project pro forma (including a detailed list of various revenue sources and the respective amounts necessary to bring the Development to fruition) and submit it to the Authority for its review. 4.Developer shall work to secure satisfactory mortgage and equity financing, and additional forms of financing necessary to bring the Development to fruition. The Authority will cooperate with Developer in connection with any application for grants or similar funds to be applied to the Development. 5.Developer shall work with the owner of the Third-Party Parcel to execute a purchase agreement for Developer’s acquisition of such parcel. Developer understands that the Authority will not exercise any condemnation power or intervene in any way to facilitate the acquisition of the Third-Party Parcel by the Developer, and that any obligation of the parties to proceed to a definitive Contract for the Authority Parcel is subject to Developer’s ability to acquire the Third- Party Parcel in an arms-length transaction with the current owner. To this effect, Developer shall work to secure an executed purchase agreement with the owner of the Third-Party Parcel by July 31, 2021. If Developer is unable to secure an executed purchase agreement for the Third-Party Parcel by such date, Developer shall provide notice of the same to Authority, and Developer shall Page 5 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC have thirty (30) days after the giving of such notice to propose a revised development (not including the Third-Party Parcel) to the Authority (the “Revised Proposal”). Approval of such Revised Proposal shall be at the sole discretion of the Authority. If the Authority approves the Revised Proposal, this Agreement shall continue according to its terms. If the Authority rejects the Revised Proposal, this Agreement shall terminate pursuant to paragraph 18 hereof. 6.Developer understands the Development will be subject to the City’s Green Building Policy and Inclusionary Housing Policy in effect at the time of execution of the Contract, and agrees to abide by the requirements of such policies if the parties enter into the Contract. 7.In connection with this Agreement, Authority hereby grants to the Developer, its agents, employees, officers, and contractors (the “Authorized Parties”) a right of entry on the Property for the purpose of performing all due diligence work and inspections deemed necessary by the Developer to fulfill its obligations under this Agreement (the “Permitted Activities”). The Authorized Parties shall have access to the Property five (5) days a week between the hours of 7:00 a.m. and 7:00 p.m. to perform the Permitted Activities. Developer hereby agrees to be responsible for any and all costs related to the Permitted Activities conducted on Property, and to restore the Property to its original condition upon completion of the Permitted Activities. Developer agrees to indemnify, save harmless, and defend the Authority and its officers and employees, from and against any and all claims, actions, damages, liability and expense in connection with personal injury and/or damage to the Property arising from or out of any occurrence in, upon or at the Property to the extent caused by the act or omission of the Authorized Parties in conducting the Permitted Activities on the Property, except (a) to the extent caused by the negligence, gross negligence, willful misrepresentation or any willful or wanton misconduct by the Authority, its officers, employees, agents or contractors; and (b) to the extent caused by a “Pre-Existing Condition” as defined in this paragraph 7. “Pre -Existing Condition” shall mean any geologic or soil condition, any defect in the condition of improvements located on the Property, or any condition caused by the existence of hazardous substances or materials in, on, or under Property, including without limitation hazardous substances released or discharged into the drainage systems, soils, groundwater, waters or atmosphere, which condition existed as of the date of this Agreement and became known or was otherwise disclosed or discovered by reason of the Authorized Parties’ entry onto the Property. 8.The Authority agrees to cooperate with the Developer in determining the municipal regulatory or other approvals required for the Development including, but not limited to, land use amendments to the Comprehensive Plan, zoning and plat changes, permits, and any other necessary municipal or other approvals, including any agreements, approvals or permits necessary with respect to the light-rail station located adjacent to the Property. 9.The Authority agrees to cooperate with the Developer in obtaining guidance from the City on Developer’s applications for any approvals or land use guidance and zoning and plat changes that may be required in connection with the Development. However, the Authority makes no guarantees as to any approvals or land use guidance and zoning and plat changes that may be required in connection with the Development. Page 6 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC 10.The Authority and City will review existing traffic studies pertinent to the Development and undertake any additional traffic studies deemed necessary by the Authority and City in their sole discretion. The Developer agrees to pay the cost of any such studies pursuant to paragraph 15 hereof. 11.The Developer agrees to complete an Application for Tax Increment Finance Assistance (the “Application”) and to pay the required application fee of $3,000 to the Authority, in addition to the Administrative Deposit described in paragraph 15 hereof. 12.The Authority agrees to direct its staff and legal and financial consultants to review and analyze the Application and the Development’s pro forma and help determine the terms of tax increment or other financial assistance required for the Development, consistent (to the extent determined warranted and appropriate) with the metrics set forth in Exhibit B. 13.The Authority agrees to undertake an analysis to determine the feasibility of creating a tax increment financing district in connection with the Development and Property, the cost of which analysis incurred by the Authority shall be paid by Developer pursuant to paragraph 15 hereof. The Developer will cooperate with the Authority’s review and analysis and provide to the Authority all documents and information reasonably requested by the Authority in connection with that effort. 14.If, in the Authority’s sole discretion, the Development is feasible and public financial assistance is indicated, the Authority and the Developer will negotiate towards a definitive Contract providing generally for (a) purchase of the Authority Parcel by the Developer; (b) pay-as-you -go tax increment assistance in an amount determined by the Authority to be necessary to make the Development financially feasible, generally consistent (to the extent determined warranted and appropriate) with the metrics set forth in Exhibit B; and (c) timely construction of the Development by Developer. Any definitive Contract is subject to approval by the Authority’s board of commissioners. It is expressly understood that the Contract, when executed, will supersede this Agreement in all respects. Execution and implementation of the Contract shall be subject to: (a)A determination by the Authority in its sole discretion that its undertakings are feasible based on (i) the projected tax increment revenues and any other revenues designated by the Authority, including any grants; (ii) the purposes and objectives of any tax increment, development, or other plan created or proposed for the purpose of providing financial assistance for the Development; and (iii) the best interests of the City and Authority. (b)A determination by the Authority that any financial assistance is reasonably necessary in order to make the Development financially feasible, and that any such assistance is limited to the amount necessary to achieve financial feasibility based on Developer’s pro forma and review of all the facts and circumstances. (c)A determination by the Developer that the Development is both marketable and economically feasible and in the best interests of the Developer, and that the Developer is able to meet all the requirements of the Contract (subject to any contingencies contained therein). Page 7 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC 15.Upon the execution of this Agreement, Developer shall deposit with the Authority an administrative deposit of $50,000 for the Authority’s costs described herein (the “Administrative Deposit”). The Developer will reimburse the Authority for all out-of-pocket costs in curred by the Authority in connection with review and analysis of the Development if such costs exceed the amount of the Administrative Deposit. Such costs include fees paid to attorneys, the Authority’s financial advisor, and any planning and engineering consultants retained by the Authority in connection with review of the Development. The Developer must pay such costs to the Authority within 10 business days after receipt of a written invoice from the Authority describing the amount and nature of the costs to be reimbursed, together with supporting documentation therefor. If this Agreement is terminated or expires prior to approval and execution of a definitive Contract, any remaining funds in the Administrative Deposit shall be returned to Developer, subject to the terms of paragraph 16 hereof. 16.This Agreement may be terminated by either party at any time upon 10 day’s written notice to the other party (a) if in the respective sole discretion of the Authority or Developer, an impasse has been reached in the negotiation or implementation of any material term or the completion or execution of any material condition of this Agreement or the Contract, and the parties have been unable to resolve such impasse through good-faith negotiations within 30 days after the party determining the impasse has notified the other party in writing of such determination; (b) by mutual written agreement of the parties hereto; or (c) pursuant to paragraph 18 hereof. Upon such termination, no party shall have any further obligations to the others under this Agreement, except that Developer remains obligated to pay any costs payable under paragraph 15 that were incurred by the Authority pursuant to this Agreement before the effective date of termination. The Developer acknowledges that all Development Deposit amounts are nonrefundable if this Agreement is terminated pursuant to this paragraph, subject to the provisions of paragraph 18. 17.In expansion and not in limitation of paragraph 16 hereof, Developer agrees to notify the Authority and to terminate this Agreement as soon as reasonably practicable if the Developer determines that the proposed Development is not marketable and economically feasible and/or Developer is unable to secure the financing necessary for the Development, or if the Developer for any reason is unable to bring the Development to fruition. 18.This Agreement shall terminate by its terms if the Developer does not succeed in securing an executed purchase agreement with the owner of the Third-Party Parcel by the date provided in paragraph 5 and the Revised Proposal has not been preliminarily approved by the Authority within 30 days after receipt of such Revised Proposal from Developer, or if the governing body of the Authority has not approved the Contract by March 31, 2022. Upon such termination, the Developer remains obligated to pay any costs payable pursuant to this Agreement that were incurred by the Authority prior to such date. The Developer acknowledges that all Development Deposit amounts are nonrefundable if this Agreement terminates pursuant to this paragraph or due to the failure of either of the conditions set forth in paragraphs 14(a) or (b), but Developer and the Authority agree that in the event of such termination, all Development Deposit amounts shall be applied to any sums owed by Developer pursuant to Section 15. Time is of the essence of this Agreement. Page 8 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC 19.Notice or demand or other communication between or among the parties shall be sufficiently given if sent by mail, postage prepaid, return receipt requested or delivered personally: (a)As to the Authority: St. Louis Park Economic Development Authority 5005 Minnetonka Boulevard St. Louis Park, MN 55416 (b)As to the Developer: Wooddale Station LLC c/o Saturday Properties LLC 3546 Dakota Ave S, Suite D St. Louis Park, MN 55416 With a copy to: Anderson Companies 3340 Republic Avenue, Suite 50 St. Louis Park, MN 55426 20.This Agreement may be executed simultaneously by manual or electronic signature in any number of counterparts, all of which shall constitute one and the same instrument. 21.This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. (The remainder of this page is intentionally left blank.) Page 9 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be duly affixed hereto and the Developer has caused this Agreement to be duly executed as of the date and year first above written. ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of the State of Minnesota By: _________________________________ Its President By: _________________________________ Its Executive Director Page 10 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC WOODDALE STATION LLC, a Minnesota limited liability company By: Wooddale Station Manager LLC, a Minnesota limited liability company its Managing Member By: Saturday Properties LLC, a Minnesota limited liability company Its: Member By: ________________________________ Name: _____________________________ Its: ________________________________ By: Anderson Companies Development, LLC a Minnesota limited liability company Its: Member By: ________________________________ Name: _____________________________ Its: ________________________________ Page 11 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC EXHIBIT A Property Authority Parcel: Lot 1, Block 3, PLACE St. Louis Park, Hennepin County, Minnesota. Third-Party Parcel: Tract A: (abstract property) Lots 8, 9 and 10, Block 29, St. Louis Park, together with the South ½ of vacated alley adjoining said lots, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Tract B: (Torrens property) Parcel 1: That part of Lots 12 to 14 inclusive Southerly of Railroad right-of-way, and all of Lots 15 to 19 inclusive, Block 29, Rearrangement of St. Louis Park including ½ of the vacated alley adjoining said Lots 13 to 19 inclusive, according to the plat thereof on file or of record in the office of the Registrar of Deeds in and for said County. Parce l 2: That part of the following described property; That part of Lots 20, 21, 22 and 23, Block 29, “Rearrangement of St. Louis Park” and that part of the adjoining vacated alleys, all described as commencing at a point on the Southwesterly line of Block 30, “Rearrangement of St. Louis Park” distant 2.4 feet Southerly, measured along said Southwesterly line from the Northwesterly corner of said Block 30; thence Northeasterly to a point on the East line of said Block 30 distant 6.67 feet South, measured along said East line from the Northeasterly corner of said Block 30; thence continuing Northeasterly along the last described course distance of 56.97 feet; thence Southeasterly at a right angle 20.57 feet; thence Northeasterly at a right angle 86.47 feet to the actual point of beginning; thence continuing Northeasterly along the last described course to the center line of the vacated alley adjoining the East line of said Lots 20, 21, 22 and 23; thence South along said center line and its extension to the center line of the vacated alley adjoining the South line of said Lot 20; thence West along the last described center line to its intersection with the extension South of a line drawn from the actual point of beginning to a point on the South line of said Lot 20 distant 79 feet East from the Southwest corner of said Lot 20; thence North to the actual point of beginning, which lies Easterly of the East line of Lot 7, said Block 29 extended Northerly, according to the record plat thereof. Abstract and Torrens Property Torrens Certificate No. 1004417 Page 12 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC EXHIBIT B W ooddale Station Development Metrics Page 13 Economic development authority meeting of February 16, 2021 (Item No. 7a) Title: Preliminary development agreement between the EDA and Wooddale Station LLC Meeting: City council Meeting date: February 16, 2021 Presentation: 2a Executive summary Title: Recognition of Kori Shingles and Jason West for MRPA Presidential Award for work on race, equity, and inclusion (REI) Recommended action: The city council is respectfully requested to recognize Kori Shingles and Jason West for receiving the Minnesota Recreation and Park Association Presidential award for their work on race, equity, and inclusion (REI). Minnesota Recreation and Park Association representative, Cindy Walsh will be in attendance to prese nt. Policy consideration: None at this time. Summary: The Minnesota Recreation and Park Association (MRPA) annually recognizes outstanding parks and recreation projects and programs. Jason West and Kori Shingles were awarded the Presidential Award for their work on race, equity, and inclusion. Jason and Kori developed a Race and Equity Advisory Committee that includes professionals from other cities and counties. This committee organized training for two advisory boards and are also planning to offer training to all members within the Minnesota Recreation and Park Association (MRPA) organization. Many cities do not have REI staff and are not as far along on their journey. Kori and Jason saw this need and took the initiative to help train others. Financial or budget considerations: Not applicable . Strategic priority consideration: St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. Supporting documents: None Prepared by: Cynthia S. Walsh, director of operations and recreation Approved by: Tom Harmening, city manager Meeting: City council Meeting date: February 16, 2021 Presentation: 2b Executive summary Title: Recognition of donations Recommended action: Mayor to announce and express thanks and appreciation for the following donations being accepted at the meeting and listed on the consent agenda: From Donation For Linda Mell $200 Purchase of a tree for Wolfe Park Lynn Camp and Lesley Dionne $300 Purchase of a memorial tree for Wolfe Park in honor of Dave and Ruth Bowman Strategic priority consideration: Not applicable. Supporting documents: None Prepared by: Debbie Fischer, administrative services office assistant Approve d by: Tom Harmening, city manager Meeting: City council Meeting date: February 16, 2021 Presentation: 2c Executive summary Title: Discover St. Louis Park (DSLP) update Recommended action: No action required. Becky Bakken, President of Discover St. Louis Park, will be in attendance to provide an annual update on the activities of our destination marketing organization. Policy consideration: Are the activities of DSLP in keeping with the expectations of the city council? Summary: Every year DSLP prepares an annual report on their activities and results. Bakken will present a short annual review and answer any questions. Attached is a copy of the 2020 Year- End Presentation. This year has proven to be like no other the tourism industry has ever faced. As you will see in the presentation, 2020 proved to be incredibly challenging for DSLP and the entire hospitality sector. The year ended with revenues down 72% over 2019. With the help of funding from the city through the CARE’s program, DSLP was able to make difficult decisions and pivot its focus to remain vital. DSLP is positioned to effectively promote the area and ensure a timelier and more aggressive economic comeback when the time is right. Per DSLP’s by-laws, the mayor and city manager have permanent seats on the DSLP board. Financial or budget considerations: Pursuant to state law the city retains five percent of the lodging tax proceeds collected monthly from the hotels. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: 2020 DSLP end of year presentation Prepared by: Debbie Fischer, administrative services office assistant Reviewed by: Tom Harmening, city manager 1111YE Forecast 2020 CLOSE TO MINNEAPOLIS. FAR FROM ORDINARY. Uber-close to Minneapolis attractions. A stone’s throw from hiking and biking trails. Walking distance to restaurants and shopping. City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 2 222 A Destination Marketing Organization Representing St. Louis Park And Golden Valley Discover St. Louis Park’s mission is to strengthen the awareness of St. Louis Park and Golden Valley as a prime meeting and visitor destination, stimulate economic development and support community growth. City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 3 33 Minnesota State Statute M.S. 469.190 Local Lodging Tax Ninety-five percent of the gross proceeds from any tax imposed under subdivision 1 shall be used by the statutory or home rule charter city or town to fund a local convention or tourism bureau for the purpose of marketing and promoting the city or town as a tourist or convention center. Discover St. Louis Park is a non-profit organization 501 (c) 6, With a governing board of directors. 3 City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 4 $16 billion in gross sales 273,000 full and part-time jobs 6.1 billion in wages 1.04 billion in state and local sales tax 18% of all MN sales taxes To fund roads, parks and trails, bridges The average MN household would owe an additional $625 without the tax revenue generated by travel and tourism 4 Tourism in Minnesota -2019 11 billion or 70% of all MN tourism revenues are in the metro region Hennepin County: 5.6 billion and 86,892 jobs What will 2020 Look like? City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 5 55 City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 6 Definitions Occupancy Rooms sold divided by rooms available multiplied by 100. Occupancy is always expressed as a percentage of rooms occupied. Average Daily Rate (ADR) Room revenue divided by rooms sold, displayed as the average rental rate for a single room. Revenue Per Available Room (RevPAR) Room revenue divided by rooms available. Supply The number of rooms times the number of days in the period. Demand The number of rooms sold or rented (excludes complimentary rooms). Revenue Total room revenue generated from the sale or rental of rooms. City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 7 77 US States –November 2020 Occ City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 8 88 US States –November 2020 ADR City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 9 99 US States –November 2020 RevPAR City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 10 1010 City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 11 1111 City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 12 1212 City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 13 A Ninety-five percent of the gross proceeds from any tax imposed under subdivision 1 shall be used by the Tax SP SummaryDiscover St. Louis Park A Picture Paints A Thousand Words Nine Hotel Properties 13 City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 14 52%60%51%65%68%79%74%83%77%79%58%47%68%50%59%64%73%74%80%79%81%76%73%57%47%70%47%57%27%11%14%21%23%28%27%26%19%14%27%Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec YTD 2018 2019 2020 Occupancy City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 15 $136$181$113$124$129$134$131$128$130$132$120$110$132$117$114$114$149$125$138$138$132$138$135$120$112$130$118$119$113$83$87$91$96$93$89$89$88$80$102Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec YTD Average Daily Rate (ADR) 2018 2019 2020 City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 16 $70$109$58$81$88$105$97$107$99$104$69$52$90$58$67$73$109$92$111$108$107$105$98$120$112$91$55$68$30$9$12$19$22$26$24$23$17$11$28Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec YTD 2018 2019 2020 Revenue Per Available Room (REVPAR) City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 17 1717 - 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 2014 2015 2016 2017 2018 2019 2020 DSLP Lodging Tax SLP Summary Collection began in March of 2011 Inventory was relatively consistent through 2017 Two hotels (268 hotel rooms) were added in 2018 Seven Hotels / 1,117 Rooms City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 18 DSLP Lodging Tax GV Summary 18 Collection began in January 2017 Two Hotels / 244 Rooms 0 5000 10000 15000 20000 25000 2017 2018 2019 2020 City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 19 DSLP Lodging Tax Summary $746,249 $805,421 $828,223 $860,761 $978,573 $1,226,779 $1,268,411 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 2013 2014 2015 2016 2017 2018 2019 +32,538 +117,812 19 +53,766 +59,172 +22,802 +207,389 +42,067 2020 Est. YE $357,289 -$911,122 %28.17 City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 20 2020 25% 20% 16% 16% 16% 7% Travel Spending by Sector Food & Beverage LODGING R Transportation Recreation Other FOOD & BEVERAGE OTHER RETAIL RECREATION TRANSPORTATION City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 21 A Ninety-five percent of the gross proceeds from any tax imposed under subdivision 1 shall be used by the Tax SLP SummaryForecasting 2021 21 St. Louis Park Golden Valley 2021*2020 2019 *2021*2020 2019 * Lodging Tax: SLP/95%SLP/95%SLP/95%Lodging Tax: GV/95%GV/95%GV/95% January $12,146.82 $55,546.34 $60,734.08 20%January $2,120.87 $9,457.72 $8,483.47 25% February $12,074.01 $64,519.08 $60,370.05 20%February $2,859.51 $10,250.33 $11,438.07 25% March $14,586.12 $28,867.56 $72,930.59 20%March $3,439.80 $5,738.25 $13,759.21 25% April $36,972.70 $3,239.65 $105,636.28 35%April $7,708.84 $2,070.79 $19,272.12 40% May $36,582.15 $8,765.00 $91,455.38 40%May $6,832.82 $2,870.96 $17,082.05 40% June $42,520.40 $14,950.62 $106,301.01 40%June $8,127.80 $3,372.79 $20,319.51 40% July $53,518.39 $17,623.54 $107,036.78 50%July $10,235.08 $5,188.21 $20,470.16 50% August $50,964.80 $22,329.88 $101,929.59 50%August $9,919.92 $4,832.14 $19,839.83 50% September $49,735.54 $20,179.81 $99,471.08 50%September $9,223.02 $5,286.29 $18,446.04 50% October $38,897.05 $21,450.88 $97,242.62 40%October $6,762.82 $4,796.31 $16,907.05 40% November $19,799.38 $13,816.52 $65,997.94 30%November $3,087.34 $3,831.65 $10,291.13 30% December $15,243.86 $7,695.31 $50,812.85 30%December $2,629.20 $2,760.362 $8,763.99 30% Total:$383,041.22 $279,254.19 $1,019,918.25 Total:$72,947.02 $185,072.63 $185,072.63 2021 Increase of:$103,787.04 2021 Increase of:$12,491.22 38% of 2019 Combined Inc: $116,278.26 City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 22 MN Tourism & Hospitality Survey conducted by Explore MN Tourism/Minneapolis Federal Reserve Bank The survey, yielded a total of 681 responses from a cross-section of tourism and hospitality businesses across the state, including food and drink, attraction and entertainment, and lodging (motels, resorts, B&Bs, campgrounds and vacation home rentals). The survey was conducted Dec. 8-15, addressing business impact between September and early December. As of mid-December, nearly half of restaurants/ foodservice operators (47%) feared they would face insolvency in Q1 2021.30% of hotels expected to face insolvency in Q1 2021 and 60% by summer (consistent with the American Hotel & Lodging Association’s (AHLA) projection that 600 of Minnesota’s 1000 hotels could face foreclosure). As noted above 85% of hotels and 80% of restaurants/foodservice saw significantly lower revenue this fall.It is true that this data pre-dates both the passage of PPP 2.0 and the January 10 re- opening announcements, and while the picture may look slightly better today, it is clear that these sectors will require significant help going forward to remain viable and to get back to supporting the nearly 300,000 jobs in this industry. City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 23 2020 Marketing Highlights Pandemic-Related Initiatives / Website Homepage Updates •COVID-19 Info & Resources / Small Business Resources •Lists of Restaurants & Stores in SLP & GV offering takeout/delivery •Hotels with special offers –fi rst responder pricing / space to work, etc. Lavender Magazine –Discover St. Louis Park featured in March 26 issue Virtual Jigsaw Puzzles –featuring the artwork of Adam Turman; first in MN to offer these Facebook Live Videos •Woodland Wednesdays –highlighting local nature areas that are “hidden gems” –e.g., Minnehaha Creek Preserve, General Mills Nature Preserve •The Dish with Trish –spotlighting restaurants & entertainment venues with safe outdoor options –e.g., REVEAL Rooftop Bar, Park Tavern Website Blogs •“A Bee -autiful Day in St. Louis Park” –a bee-themed exploration of the city, complete with a Spotify playlist •“A Doggone Good Vacation” –pet-friendly hotels, restaurants & shops for travelers •“22 Ways to Enjoy Minnesota’s Sweet Spot While Social Distancing” City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 24 2020 Marketing Highlights Most Viral Organic Post Ever –“Clays Galaxy Drive In Now Open” –June 16 •Organic reach of 247,990 •33,098 engagements (reactions/comments, shares & post clicks) Summer Digital Marketing Campaign –July 28 “Enjoy a Sweet (and Safe) Getaway” •75,000 emails to Duluth, Rochester, Brainerd, & Moorhead 16.6% open rate, 2.51% CTR •Addressable geofencing digital ad campaign 305,165 impressions, 174 conversions State Fair Social Media Campaign –Aug 26 to Sept 7 •Spotlighted 14 businesses offering State Fair food & merchandise •6 from Golden Valley, 8 from St. Louis Park •“Donut Holes on a Stick” from Valley Pastries –most popular post Growing Social Media Presence •We now have over 9,000 followers and likes on Facebook (9%in crease over 2019) •We have increased our Instagram followers by 16% City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 25 2020 Sales Highlights Maintain Partnerships •Explore MN Tourism (EMT) -Statewide promotional efforts along with our efforts. Often promote specific things happening in our market. Provided $21,000 in grant funds for 2020 and an additional $17,500 for 2021 •Meet Minneapolis/Sports Minneapolis -Share leads with our hotels -City Wide event participation -Group participation with large events USA Volleyball/2024 -West Suburban presence on their site Greater Metro Marketing Group AND MN Sports -Shared funds to promote the area Stay Connected with Planners -IDSS -CVENT Facilitate any Sales Leads with St. Louis Park and Golden Valley venues Poised and Ready to foster economic growth when the Time is Right! City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 26 QUESTIONS City council meeting of February 16, 2021 (Item No. 2c) Title: Discover St. Louis Park (DSLP) update Page 27 Meeting: City council Meeting date: February 16, 2021 Minutes: 3a Unofficial minutes City council meeting St. Louis Park, Minnesota Jan. 4, 2021 1. Call to order Mayor Spano called the meeting to order at 6:30 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Jake Spano, Tim Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, Nadia Mohamed, and Margaret Rog Councilmembers absent: None Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Senior Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas) 2. Presentations 2a. Recognition of donations Mayor Spano noted that Mark Coin donated $250 to the St. Louis Park Fire Department for education programs. 3. Approval of minutes - none 4. Approval of agenda and items on consent calendar 4a. Accept for filing city disbursement claims for the period of November 28 through December 25, 2020. 4b. Adopt Resolution No. 21-001 designating the St. Louis Park Sun-Sailor as the city’s official newspaper for 2021. 4c. Adopt Resolution No. 21-002 declaring 2021 city council meeting dates. 4d. Adopt Resolution No. 21-003 appointing councilmembers to the office of mayor pro tem for the 2021 calendar year. 4e. Approve the second reading and adopt Ordinance No.2602-21 amending Chapter 36 pertaining to zoning and approve summary ordinance for publication. 4f. Approve the joint powers agreement for the distracted driving vehicle program between the City of Richfield and the City of St. Louis Park. (This item was removed from the consent calendar and considered as regular agenda as item 8b.) 4g. Adopt Resolution No. 21-004 to approve a gift certificate policy for ad hoc committee members. City council meeting of February 16, 2021 (Item No. 3a) Page 2 Title: City council meeting minutes of January 4, 2021 4h. Adopt Resolution No. 21-005 accepting work and authorizing final payment in the amount of $163,102.57 for project no. 4019-1000 pavement management (Area 7) with GMH Asphalt Corporation, Contract No. 74-19. 4i. Adopt Resolution No. 21-006 accepting donation to the fire department from Park Coin for fire prevention programs and equipment. 4j. Adopt Resolution No. 21-007 accepting work and authorizing final payment in the amount of $144,410.94 for project no. 5318-5006 Supervisory Control and Data Acquisition (SCADA) System Replacement with Telemetry and Process Controls, Inc., Contract No. 100-19. 4k. Approve easement purchase at 3440 Beltline Blvd for the Beltline Blvd SWLRT pedestrian improvements project. Councilmember Brausen requested that consent calendar item 4f be removed and placed on the Regular Agenda to 8b. It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to approve the agenda and items listed on the consent calendar as amended to move consent calendar item 4f to the regular agenda as item 8b; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and commissions - none 6. Public hearings - none 7. Requests, petitions, and communications from the public – none 8. Resolutions, ordinances, motions, and discussion items 8a. First reading of ordinance establishing a second voting youth member on city boards/commissions Ms. Solano presented the report to the council. Mayor Spano noted he wants youth members to have a vote and is excited about this change to the ordinance, which will allow for greater youth engagement in the city. Councilmember Harris agreed with Mayor Spano noting that youth members on commissions have been a bright spot. She asked which commissions currently have two youth members. Ms. Solano stated the ESC has two youth voting members. Ms. Solano noted that the planning commission will remain with one non-voting youth member. Councilmember Harris stated youth membership on the ESC worked very well, and this is an exceptional ordinance to engage youth. City council meeting of February 16, 2021 (Item No. 3a) Page 3 Title: City council meeting minutes of January 4, 2021 Councilmember Kraft noted he is thrilled about the ordinance and not surprised about council support, adding he presented this in September as a study session topic. He pointed out youth have initiated the climate action plan, gun violence and racial issue protests, and added having them on our commissions reinforces the message that youth voices matter. It was moved by Councilmember Brausen, seconded by Councilmember Harris, to approve first reading of ordinance amending the St. Louis Park Code of Ordinances Chapter 2 to add a second voting youth member to the Community Technology Advisory Commission, Human Rights Commission, Parks and Recreation Commission, and Police Advisory Commission, and to set second reading for Jan. 19 2021. The motion passed 7-0. 8b. Approve joint powers agreement for the distracted driving vehicle program between the City of Richfield and City of St. Louis Park Councilmember Brausen pointed out this program focuses on distracted driving and is a federally funded program called Toward Zero Death (TZD). He noted the agreement will be between the City of Richfield and St. Louis Park, will make use of an undercover vehicle, and make stops related to seatbelt use, speeding, and distracted driving. Councilmember Brausen added in Minnesota between 2015- 2019 there were 15,000 car crashes with 3,300 injuries and 32 deaths, adding many are still not abiding by the no texting and driving laws which are in place. Councilmember Brausen stated this is an opportunity to notify our citizens about the laws in place to keep everyone safe and convey that it is time to obey them. It was moved by Councilmember Brausen, seconded by Councilmember Harris, to approve the joint powers agreement for the distracted driving vehicle program between the City of Richfield and the City of St. Louis Park. The motion passed 7-0. 9. Communications Councilmember Harris stated on Wednesday, Jan. 6, at 6 p.m. the planning commission is reviewing the proposal related to the townhouse development at Texa-Tonka by Paster Company. She noted the proposal will be viewable on the city website and city planner Jennifer Monson will be available to answer questions and provide information on how to access the meeting. All are welcome. Councilmember Brausen stated this is his eighth and possibly final year on the city council so he wanted to thank residents and his colleagues who continue to serve, adding he looks forward to the opportunity to meet in person this year. He stated democracy is better served if we are working together in front of the public. City council meeting of February 16, 2021 (Item No. 3a) Page 4 Title: City council meeting minutes of January 4, 2021 Mayor Spano noted the process for applying for boards and commissions is now open and more information is on the city website. He also stated the city has new grant funding available for businesses impacted by COVID-19 and that information is also on the city website, with priority given to first time applicants. Mayor Spano noted this past weekend was the first time he went to the new Westwood Hills Nature Center, stating the AIA has awarded a very prestigious award for its design, which is forward-thinking and bold, as well as set apart from others. He thanked the architects for their building design and stated all are excited to use it soon. 10. Adjournment The meeting adjourned at 7:05 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: February 16, 2021 Minutes: 3b Unofficial minutes City council study session St. Louis Park, Minnesota Jan. 11, 2021 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, Nadia Mohamed, and Margaret Rog Councilmembers absent: none Staff present: City Manager (Mr. Harmening), Engineering Director (Ms. Heiser), CFO (Ms. Schmitt), Economic Development Coordinator (Mr. Hunt), Deputy City Manager/Human Resources Director (Ms. Deno), Director of Community Development (Ms. Barton), City Assessor (Mr. Bultema), Sustainability Manager (Ms. Ziring), Senior Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas) Guests: Stacy Kvilvang, Ehlers 1. Annual TIF district management report Ms. Kvilvang presented the report. Mayor Spano noted while TIF dollars may not be used for city buildings, they can be used for SWLRT related projects and fiber optics, and he questioned how this is different. Ms. Kvilvang explained legislation in 2001 stated TIF dollars cannot be used for public facilities; however, other traditional public improvements that promote or enhance development in certain areas, such as SWLRT and fiber optics, is allowed. Councilmember Kraft asked about pooling from TIF districts and if 25% can be pooled. Ms. Kvilvang stated that is correct. Councilmember Kraft noted when pooling, there are still obligations the city must pay. He asked if the city still pools after obligations are paid off. Ms. Kvilvang stated with TIF, pooling can be up to 25%, but in St. Louis Park, the city provides 95% of the TIF to pay TIF Note obligations as long as the obligations are outstanding. Councilmember Kraft asked when comparing an increase in market value, are you comparing base value to future value. Ms. Kvilvang stated no, the comparisons happen every year and it is comparing to current year market values. City council meeting of February 16, 2021 (Item No. 3b) Page 2 Title: Study session minutes of January 11, 2021 Councilmember Kraft stated this is a misleading comparison as base value does not remain the same over time. Ms. Kvilvang stated, however, on the flip side there are properties that decrease in value over time. Councilmember Kraft asked what TIF investment has done for the city. Ms. Kvilvang stated TIF has facilitated developments that have put St. Louis Park on the national map, such as The West End and Excelsior & Grand. She added these, and many other developments have increased the city’s market value and moved the city from an AA to an AAA bond rating, along with increasing housing opportunities for folks as it upgraded the city’s rental housing stock. Ms. Kvilvang continued that TIF has expanded the city’s housing stock allowing for more multi- family housing units including new Class A layered affordable units. It is an especially important tool since there is no available land to build on in St. Louis Park. This has given the city the ability to go up and add market value and residents. Councilmember Mohamed asked if pooling from housing goes back only to housing, and if redevelopment pooling goes back into redevelopment. Ms. Kvilvang stated some redevelopment can go towards affordable housing also, but the majority goes to redevelopment since TIF from two housing districts goes towards affordable housing. Councilmember Mohamed asked what the difference is between obligation due date and expiration date for TIF. Ms. Kvilvang explained when a pay as you go note is issued, there is a last day of payment, but the obligation may be paid off earlier. Councilmember Mohamed asked related to affordable housing, if TIF is applied for under the inclusionary housing policy, and if that is a condition for development companies, is that a local decision. Ms. Kvilvang stated yes, that is a minimum so investment can be done for affordable housing. She added if it is in a housing district, a minimum of 20% of the units must be affordable. Councilmember Harris stated fiber optics was mentioned as a reinvestment as it encourages future development. She asked if TIF could be used for elements of the city’s Climate Action Plan (CAP). Ms. Kvilvang clarified TIF must be used for capital costs or redevelopment. Councilmember Harris asked if TIF can be used for water conservation or technology to reduce water consumption. Ms. Kvilvang stated it must be used for qualified redevelopment purposes. Councilmember Harris stated residents have said if the city did not use as many TIF districts, we could capture additional tax money faster and therefore lower the annual tax levy. She asked if this is true. Ms. Kvilvang stated without TIF, the city would not have that development or tax base. Councilmember Harris asked if there is merit in reducing the term in TIF districts to capture dollars sooner. Ms. Kvilvang stated it is recommended to do it for the shortest term and pay off obligations early. She added if paid off early, a percentage can be sent back on an annual basis and the council is then given flexibility. City council meeting of February 16, 2021 (Item No. 3b) Page 3 Title: Study session minutes of January 11, 2021 Councilmember Harris asked if there is a maximum on the number of TIF districts the city can have in a year. Ms. Kvilvang stated no. Councilmember Harris stated she is supportive of the two policy questions in the staff report and would like to see more flexibility with TIF to be used for climate change mitigation. Mayor Spano stated he is also supportive of the two policy questions. Councilmember Rog asked how the city subjectively finds the difference between the cost of doing business and the fact that this would not have occurred without TIF. Ms. Kvilvang stated each project goes through a financial analysis to determine whether TIF is needed for the project to move forward. Councilmember Harris stated some say TIF is a subsidy for private development. Ms. Kvilvang stated it is but without it you would not get developments in the city. Councilmember Rog asked about public benefit determination unique to cities and if cities can add more specificity to their benefit. Ms. Kvilvang stated yes. Councilmember Rog asked when the most recent time is the council reviewed the public benefit for TIF policy. Mr. Hunt stated the council reviews TIF on an annual ongoing basis and especially since council has been more interested in affordable housing and using TIF in relation to the inclusionary housing policy. Councilmember Rog stated she would like the council to look more at public benefit of TIF at a future time. Mr. Hunt added that the TIF policy stipulates what it can be used for. He indicated that each staff report states how the proposed TIF would be utilized along with a list of how its usage would benefit the community. Councilmember Rog asked if council has ever refused or not approved a TIF request recommended by staff for a project. Mr. Hunt stated none that he could recall. Mr. Harmening agreed, adding there may have been a project where TIF was negotiated, and it met standards but then the council decided not to move forward. He noted there have also been projects brought forward to council that did not receive TIF, but those usually did not go far. Mr. Hunt stated TIF allows the city to create affordable housing and include green features in housing, that could not be afforded without it. Councilmember Rog stated while she likes the Texa Tonka project, the city is paying $2.9 million in requested TIF for about 20 affordable units. She asked if that is a good return on investment for taxpayers or is it better to purchase a NOAH building and update that, which would be more affordable. Mr. Harmening stated the city has done the community visioning process and has development priorities in place, adding staff uses that as guidance for what the city should be striving for. He stated when developers come to St. Louis Park, they also know those priorities and if the project is in alignment with what council wants, staff pursues it. City council meeting of February 16, 2021 (Item No. 3b) Page 4 Title: Study session minutes of January 11, 2021 Councilmember Rog stated she is inviting council to be more thoughtful about ROI on TIF adding this is a potential area of exploration. She stated the city is subsidizing a lot of market rate housing and there is an opportunity to add more specificity to what the city gets for those taxpayer dollars. Councilmember Rog stated related to the policy questions, she has questions and concerns and the second question also warrants more consideration with ROI. She supports seeking legislation for ownership as an option and does not support lowering affordable units. Councilmember Dumalag asked if a developer can use TIF for any costs and if there are any restrictions. Ms. Kvilvang stated there are state restrictions including land acquisition, building removal, soil cleanup, parking among others and TIF cannot be used for city buildings. She added if the project is affordable housing, TIF can be used for nearly anything. Councilmember Dumalag asked if there is a scorecard for this and if it is more weighted toward families. Ms. Kvilvang stated staff puts together a scorecard. Ms. Barton added staff follows the council’s goals. Councilmember Dumalag asked about pay as you go and if some developers use that as collateral, what happens if the developer defaults. Ms. Kvilvang stated if taxes are paid it is fine, but if not, the bank will take over on a default, adding if it is not cured the city can then terminate the TIF note. Councilmember Brausen stated TIF has been a wonderful tool for the city over the past 20 years, which has helped development regularly. He supports the policy questions and noted Texa Tonka is a classic example of how to leverage future funds the city will receive. He noted by agreeing to invest those funds later, the city will generate affordable housing units. He added until the city started adding requirements to TIF, there was no affordable housing. Councilmember Brausen stated there is no risk at all on this and taxes will pay debt off in 12 years and continue to capture and pay for affordable housing costs. He stated it is a win-win, and if developers do not get TIF, there will be no affordable housing. He added it makes good sense to him, encourages developers to come to St. Louis Park, and he supports this. Councilmember Brausen added the 1100% increase in taxable market value is tremendous and the return on investment has been wonderful. He stated Texa Tonka will be a great example and will develop that corner and all the property values in the area will increase, and this is how to redevelop and renew the city. Councilmember Rog stated there is value in some assumptions around TIF and how it is used in the city. She stated going forward she wants to continue to question the return on investment, adding TIF can be subjective and it is the council’s job to look out for taxpayers and have more scrutiny. She added the Texa Tonka project did not evolve only because of TIF, noting it had to do with the mall being for sale and opportunistic availability of properties. City council meeting of February 16, 2021 (Item No. 3b) Page 5 Title: Study session minutes of January 11, 2021 Councilmember Rog stated here the city has over 1000% increase in tax value but in Roseville they have 900% increase in taxability and only 1% of tax based tied up in TIF. She stated St. Louis Park does not need 12% of our tax base tied into TIF. Councilmember Kraft stated it seems St. Louis Park does TIF well adding he is not sure what that means, but it has had a significant impact. However, the city spends a lot on it. He stated it is difficult to understand, the council should endeavor to understand it better, and he agrees with Councilmember Rog on looking further into it. He added there are arguments against TIF stating the city needs to examine the “but for” clause more carefully. Councilmember Kraft stated he supports the policy questions but is not in favor of reducing rental percentages to go to affordable and is interested in owner-occupied. He added he would like to see market value information also as it relates to how much is pooled and how much the city captures in tax dollars. Mayor Spano stated staff is acting at the council’s direction but council can look at changing TIF. He stated we talk about this like it is a gift to developers, but the council can look at this further to get some quantification as to what the city gets now, at the back end, and the difference between the two. Ms. Kvilvang stated she can provide that information to the council. Mr. Hunt added staff goes through the TIF process with Ehlers and does not provide developers any more dollars than necessary to enable a project to proceed and tells them if their project does not meet the city’s TIF policy requirements. He added if developers do not meet the “but for” test, staff will not recommend TIF be used. It was the consensus of the council to support the majority of the staff recommendations. 2. Long term funding of Climate Action Plan (CAP) Mr. Harmening presented the report. Councilmember Kraft thanked staff for the report and stated he believes funding for the CAP needs to be increased, pointing out every single square inch of the US was warmer than normal, with the last 7 years being the warmest on record. Councilmember Harris asked if staff has the funds currently to meet the council’s goals for 2030 and beyond. Ms. Ziring outlined the report of what is needed to get the community to carbon neutrality by 2040. Councilmember Harris stated St. Louis Park is not an island and asked if there are efforts in other communities and regionally to do a broad climate plan. Ms. Ziring stated there is lobbying at the state level going on for changes around the advanced energy code and efforts on a Hennepin County climate plan and several city coalitions. She added the city joins these groups if their initiatives are in line with our CAP, while taking advantage of as many partnerships as possible. City council meeting of February 16, 2021 (Item No. 3b) Page 6 Title: Study session minutes of January 11, 2021 Mr. Hoffman added Edina and Bloomington also have sustainability commissions and St. Louis Park is looking to work on initiatives with them. Mr. Harmening stated staff is also working on energy requirements for new construction. Councilmember Harris asked if our goals for 2030 are attainable no matter how much money is put into the CAP. Mr. Harmening stated that depends, as the biggest carbon creators in the city must participate in the program and if they do not, it will be difficult. He added the city does not have the tools today to require businesses or compel them to take action. Ms. Ziring stated that the goals are attainable, and it is important to have hope, but the estimates that alluded to $1.9-2.4 million are based on 100% participation from businesses and residents to meet the strategies within each goal. She added the goals are lofty but attainable. Councilmember Harris stated she is committed to the CAP and the goals adopted but hesitates to put a lot of money in up front until the city can get a sense of industry cooperation. Councilmember Rog agreed this problem cannot be solved alone and asked where St. Louis Park can be a leader. She stated many cities have CAPs now, and she proposed considering what being a leader looks like. She stated she values what staff is doing and even if we have limited resources, there is potential to do big things. She added one of these might be the tree initiative, which could position the city as a leader, adding there would also be communications and marketing potential. Councilmember Rog added installing solar on affordable housing and requiring savings be passed on to renters, as well as doing street closures, are bold actions against climate change and are opportunities to make a difference. She added policy and mandates are ways that do not cost the city very much, and costs can be passed along to others. Councilmember Dumalag stated she is supportive of increasing allocations for the CAP, noting that in 2020 most people were working from home. She asked how racial equity will be included in this work. Mayor Spano stated these questions feel like “means” questions, adding he is not afraid to spend more money to achieve the CAP, but asked if there are ways to do that without doing that. He asked staff to come with recommendations on where the funds can come from for whatever reduces our carbon footprint by the greatest amount. He stated he is interested in programs that get the city the greatest bang for the buck to reduce carbon emissions. Councilmember Mohamed agreed with Mayor Spano and said that more investment should go to the CAP, as well as staff coming up with more ideas and presenting to council, to get to the priorities. Councilmember Brausen stated he is in favor of spending more money on the CAP but added staff has presented a list of what can be done and given council a price tag for the next 10 years, and he does not want to kick this back to staff. He added if we make cuts to the budget, City council meeting of February 16, 2021 (Item No. 3b) Page 7 Title: Study session minutes of January 11, 2021 staff will have to look for new revenue sources, and the CAP must be done to survive as a species. He stated he is guardedly optimistic with the new administration providing some funds, but noted incentives are important also. He pointed out if the council were to cut the city parks program it would get them half-way to the funds needed. Councilmember Kraft stated he appreciated the council’s comments and likes being a leader in this. He stated he is willing to look for additional resources and go to the community on this. He added there needs to be an evaluation methodology added as well as looking at these big investments. He noted a scorecard must be developed and stated this will need to overlap with other strategic objectives--including racial equity--in the methodology, noting this is not a one size fits all. Councilmember Kraft suggested the ESC work on this first and bring it back to council for review. Councilmember Kraft stated these resources should come from utility fees, usage-based tax on utilities, such as natural gas; however, he would be concerned about the regressive nature and would want to exempt lower income folks. He is open to a separate levy such as the HRA levy and ways to get the community more invested, such as the tree program which provides carbon reduction over time and could be an on-ramp for the community. Councilmember Rog stated in the interest of climate action, the city invested a couple million dollars extra into the nature center to get to net zero, and yet the nature center was the lowest emitter of carbon, while the REC center is the highest. She stated the investment in the nature center was done because it was a model, but she does not understand what the priorities are given the council’s choices. She added she also likes the scorecard idea and asked if our goal is to reduce carbon or to be a model. Councilmember Rog stated the city needs to get serious about this and look at all activities we do here, what are the biggest emitters, and then look at stopping or reallocating those activities to get to carbon reduction. Councilmember Kraft agreed and added this will need a multi-approached model. Mr. Harmening summarized comments by the council stating resources will need to be redirected and priorities adjusted. Mr. Harmening added if the city reduces carbon emissions from commercial and industrial and residential buildings, while also supporting the tree program, it may help but will not get the city to its 2030 goals. He stated incentivizing commercial and industrial businesses, while doing marketing and education and promoting the biggest emitters of carbon to reduce their carbon generation, would be a start. Ms. Ziring added that if the city is to address the biggest carbon producers first, it should start with commercial and multifamily buildings followed by travel. Councilmember Kraft stated part of hitting the goal by 2030 is getting residential use down by 30%. He agreed on prioritization but added they will have to be careful on it being an all or nothing deal. Therefore, the evaluation method will be important in the short term. He stated he would like to see staff come back with thoughts on how to raise the additional dollars necessary, the possibility of adding an additional levy, and how to fund and make tradeoffs. City council meeting of February 16, 2021 (Item No. 3b) Page 8 Title: Study session minutes of January 11, 2021 Mr. Harmening stated this will be a process and will be included in upcoming budget discussions. He stated to continue to fund our core services, we would need to reallocate discretionary resources adding, however, this will have consequences. Councilmember Kraft added substituting something for another area or money already being spent that could be leveraged, such as through the waste program, might be a way to expand funding for climate change. He added TIF for affordable housing and overlapping this with NOAH which tends to be energy efficient, is another program to look at and a way of reorganizing the way the city is already spending funds. Councilmember Dumalag added she is open to looking at additional revenue ideas and leveraging NOAH incentives to turn older housing into energy efficiency housing. She added she is also open to looking at a levy as well to allocate resources to the CAP. Mr. Harmening stated that the city will need to invest more and incent commercial and multi- family buildings, however there is no way to compel them to do this. He added the city will need to do the things it has most control over and get community buy-in. He added the city will still plan to roll-out the climate champions program this year as well. 3. Future study session agenda planning and prioritization Councilmember Brausen noted the topic of agenda and video presentations. Councilmember Kraft asked about the retreat and adding more study sessions when the council is not meeting. Mr. Harmening stated staff is looking at both items as a topic of discussion for the next study session. Councilmember Kraft stated in the Texa Tonka written report, in the future, he would like to see the table include numbers by apartment unit type, including affordable apartments, to make a comparison. Councilmember Harris pointed out the planning commission held a public hearing regarding the Texa Tonka development on January 6 which is available for viewing on the city website. However, she added the audio quality was not up to standard and public comments could not be heard. She stated staff is directing comments be heard at the January 19 council meeting. Mr. Harmening added this will not be an official public hearing, but residents will be allowed to speak on the topic. Ms. Barton noted staff has also contacted residents who spoke at the planning commission and offered them to speak on January 19, and to submit their comments in writing. She stated a communication was mailed to the whole neighborhood again. Councilmember Harris added she supports the TIF request for cleaning the contaminated areas where the dry-cleaning business was at Texa Tonka. City council meeting of February 16, 2021 (Item No. 3b) Page 9 Title: Study session minutes of January 11, 2021 Councilmember Rog stated in the Texa Tonka report, it notes promoting of housing for large families; however, the largest units are only 2 bedrooms. She stated going forward, she would like to know what the council’s definition is on housing for large families is, adding perhaps this should be more concrete. Councilmember Kraft noted the report on legislative priorities and stated he had sent request to staff to add support for the national popular vote interstate compact. Councilmember Kraft also asked to have the advanced building energy codes standards added to the legislative list as a top priority. Councilmember Rog noted the Fernhill written report, adding the residents there are grateful to be part of Connect the Park, and she supports this as well. The meeting adjourned at 10:20 p.m. Written Reports provided and documented for recording purposes only: 4 Application for Tax Increment Financing assistance – Texa-Tonka Apartments 5. Home-based businesses 6. 2021 legislative issues and priorities 7. 2022 Pavement Management update – West Fern Hill (4021-1000) ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: February 16, 2021 Consent agenda item: 4a Executive summary Title: 2021 – 2022 liquor license renewals Recommended action: Motion to adopt Resolution approving renewal of liquor licenses for the license term March 1, 2021 through March 1, 2022. Policy consideration: Do the applicants meet the requirements for renewal of their liquor licens es? Summary: On Jan. 5, 2021 the city distributed liquor license renewal materials to current liquor license holders. Establishments were requested to submit state and city renewal applications, certification of liability insurance, proof of workers compensation insurance, CPA statements when applicable, and license f ees. Establishments listed in Exhibit A of the attached resolution have met the criteria necessary for renewal of th eir liq uor licens e. During the 2020-2021 licensing p eriod, the f ollowing changes took place: •Texas-Tonka Liquor, 8242 Minnetonka Blvd. – New ownership •Pinot’s Palette, 4712 Excelsior Blvd. – closed •Lucky Cricket, 1607 West End Blvd. – did not renew •Blaze Pizza, 8126 Hwy. 7 – did not renew •Yangtze River Restaurant, 5625 Wayzata Blvd. – requesting to downgrade from full on- sale intoxicating to on -sale wine and on-sale 3.2 Financial or budget considerations: Fees received for liquor license renewals are budgeted and cover the costs of administering and enforcing liquor licensing regulations and requirements. Due to the COVID-19 pandemic the city manager approved an option for on-sale license holders to pay the ir fees in two installments. If chosen, this option required that half of the license fee be paid by Jan. 31, 2021. The remaining balance will be due by July 31, 2021. Exhibit A contains information on which license holders will pay in installments. Strategic priority consideration: Not applicable. Supporting documents: Discussion Resolution Exhibit A Prepared by: Chase Peterson-Etem, office assistant Reviewed by: Melissa Kennedy, city clerk Approve d by: Tom Harmening, city manager City council meeting of February 16, 2021 (Item No. 4a) Page 2 Title: 2021 – 2022 liquor license renewals Discussion Background: Liquor licensing is regulated by St. Louis Park City Code, Chapter 3 and abides by state statutes related to liquor licensing. The licensing period for liquor is one year, beginning March 1. Renewal of licenses is done in accordance with the following sections of the city code: City Code Sec. 3-64. Renewal application. (a) Applications for the renewal of an existing liquor license shall be made at least 45 days prior to the date of the expiration of the license and shall state that everything in the prior application remains true and correct except as otherwise indicated on the renewal application. (b) Renewal applications for an on-sale License for a restaurant shall include a certified public accountant's statement showing total sales, food sales, liquor sales and percentage of total sales of the restaurant for the previous year. Review and regulations: City code Sections 3-57 and 3-70 require on-sale intoxicating licensees to maintain the following food/liquor ratio: • On-Sale Intoxicating Liquor License must have a minimum of 50% of gross receipts attributable to the sale of food. During the 2020-2021 licensing year, one establishment did not meet the food/liquor ratio requirement: • The Loop, 5331 16th Street. W. City code states “the city may place the license of any on-sale intoxicating liquor license on probationary status for up to one year, when the sale of food is reported, or found to be, less than 50 percent of gross receipts for any busine ss year.” However, because of the COVID-19 pandemic, The Loop’s ability to maintain this ratio was impacted by periods of mandatory closure and staff is recommending that The Loop not be put on probation since the food/liquor ratio was not able to be calculated for a full 12 month operational period. Staff is working with this establishment to ensure the food to liquor ratio is maintained moving forward. As required in City Code Section 3-70, all prope rty tax payments for establishments are current. Staff Recommendation: The city clerk’s office reviews all the application information and works with the police department and the State of Minnesota to ensure that all licensees meet the necessary criteria for issuance of the next year’s term of their liquor license. All licen se renewals and applications listed on Exhibit A of the resolution have met the requirements for license. Staff recommends the approval and issuance of the appropriate license to each establishment listed on Exhibit A for the term of March 1, 2021 to March 1, 2022. City council meeting of February 16, 2021 (Item No. 4a) Page 3 Title: 2021 – 2022 liquor license renewals Resolution No. 21-____ Resolution approving renewal of liquor licenses for the license period March 1, 2021 through March 1, 2022 Whereas, Minnesota Statutes Chapter 340A and St. Louis Park City Code Chapter 3 provide for liquor licensing in cooperation with the Alcohol and Gambling Enforcement Division of the Minnesota department of Public Safety, and Whereas, no license may be issued or renewed if required criteria has not been met, and Now therefore be it resolved by the St. Louis Park City Council that the applicants and establishments listed in Exhibit A have met the criteria necessary for issuance of their respective liquor licenses, and the applications are hereby approved for March 1, 2021 to March 1, 2022. Reviewed for administration: Adopted by the city council February 16, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk City council meeting of February 16, 2021 (Item No. 4a) Page 4 Title: 2021 – 2022 liquor license renewals Exhibit A Establishment Name Address License Type Total Fee Total Paid AC St. Louis Park 5075 Wayzata Blvd. on-sale intoxicating & Sunday Sale $8,950.00 $8,950.00 Applebee's Neighborhood Grill & Bar 8312 Highway 7 on-sale intoxicating & Sunday Sale $8,950.00 $8,950.00 Best of India 8120 Minnetonka Blvd on-sale wine and 3.2 $2,750.00 1/2 - $1,375 Board & Brush - St. Louis Park 5810A W. 36th Street on-sale wine and 3.2 $2,750.00 1/2 - $1,375 Bunny's 5916 Excelsior Blvd on-sale intoxicating & Sunday Sale $8,950.00 1/2 - $4,475 Copperwing Distillery 6409 Cambridge Street Cocktail room on-sale and micro distillery off-sale $800.00 $800.00 Costco Wholesale #377 5801 W 16th St off-sale $380.00 $380.00 Courtyard Minneapolis West 9980 Wayzata Blvd. on-sale intoxicating & Sunday Sale $8,950.00 1/2 - $4,475 Crave 1603 West End Blvd on-sale intoxicating & Sunday Sale $8,950.00 1/2 - $4,475 Cub Foods 5370 16th Street W off-sale 3.2 $200.00 $200.00 Cub Foods Knollwood 3620 Texas Ave S off-sale 3.2 $200.00 $200.00 Cub Liquor 5370 16th Street W off-sale $380.00 $380.00 DoubleTree Minneapolis Park Place 1500 Park Place Blvd on-sale intoxicating & Sunday Sale $8,950.00 1/2 - $4,475 Frank Lundberg American Legion Post 282 6509 Walker St. on-sale intoxicating club & Sunday Sale $700.00 $700.00 Fresh Thyme Farmers Market 4840 Excelsior Blvd., Ste A off-sale 3.2 $200.00 $200.00 Fresh Thyme Liquor 4840 Excelsior Blvd., Ste B off-sale $380.00 $380.00 Homewood Suites 5305 Wayzata Blvd 3.2 on-sale and on -sale Sunday $750.00 $750.00 Knollwood Liquor 7924 Hwy 7, Suite A off-sale $380.00 $380.00 Life Café 5525 Cedar Lake Road on-sale wine and 3.2 $2,750.00 $2,750.00 Liquor Boy 5620 Cedar Lake Rd off-sale $380.00 $380.00 Lunds & Byerlys St. Louis Park 3777 Park Ctr Blvd on-sale intoxicating & Sunday Sale $8,950.00 $8,950.00 Lunds & Byerlys Wines & Spirits 3777 Park Ctr Blvd off-sale $380.00 $380.00 Marriott Mpls West 9960 Wayzata Blvd on-sale intoxicating & Sunday Sale $8,950.00 1/2 - $4,475 McCoy's Public House 3801 Grand Way on-sale intoxicating & Sunday Sale $8,950.00 $8,950.00 MGM Wine & Spirits 8100 Highway 7 off-sale $380.00 $380.00 Mill Valley Kitchen 3906 Excelsior Blvd on-sale intoxicating & Sunday Sale $8,950.00 1/2 - $4,475 Minneapolis Golf Club 2001 Flag Ave S on-sale intoxicating club & Sunday Sale $700.00 $700.00 Park Tavern Lounge & Lanes 3401 Louisiana Ave S on-sale intoxicating & Sunday Sale $8,950.00 1/2 - $4,475 Parkway Pizza 6325 Minnetonka Blvd. on-sale wine and 3.2 $2,750.00 $2,750.00 Prime Deli 4224 Minnetonka Blvd. on-sale wine and 3.2 $2,750.00 $2,750.00 Punch Bowl Social 1691 Park Place Blvd. on-sale intoxicating & Sunday Sale $8,950.00 1/2 - $4,475 Raku Sushi & Lounge 5371 16th St W. on-sale intoxicating & Sunday Sale $8,950.00 1/2 - $4,475 REM5 Virtual Reality Laboratory 4950 35th St. W. on-sale wine and 3.2 $2,750.00 $2,750.00 Rojo Mexican Grill 1602 West End Blvd on-sale intoxicating & Sunday Sale $8,950.00 $8,950.00 Showplace 14 #8863 1625 West End Blvd. on-sale intoxicating & Sunday Sale $8,950.00 $8,950.00 St. Louis Park Liquor 6316 Minnetonka Blvd off-sale $380.00 $380.00 City council meeting of February 16, 2021 (Item No. 4a) Page 5 Title: 2021 – 2022 liquor license renewals Steel Toe Brewing 4848 35th Street W. brewer off-sale; taproom on-sale & Sunday sale $1,000.00 $1,000.00 Target Store T-2189 8900 Highway 7 off-sale $380.00 $380.00 Taste of India 5617 Wayzata Blvd on-sale wine and 3.2 $2,750.00 1/2 - $1,375 Texas-Tonka Liquor 8242 Minnetonka Blvd off-sale $380.00 $380.00 Texa-Tonka Lanes 8200 Minnetonka Blvd on-sale intoxicating & Sunday Sale $8,950.00 $8,950.00 TGI Friday's 5875 Wayzata Blvd on-sale intoxicating & Sunday Sale $8,950.00 $8,950.00 The Block 7007 Walker St. on-sale intoxicating & Sunday Sale $8,950.00 1/2 - $4,475 The Dampfwerk Distillery Co. 6311 Cambridge St. Cocktail room on-sale and micro distillery off-sale $1,000.00 $1,000.00 The Local - West End 1607 Park Place Blvd on-sale intoxicating & Sunday Sale $8,950.00 1/2 - $4,475 The Loop 5331 16th St reet W. on-sale intoxicating & Sunday Sale $8,950.00 $8,950.00 Top Ten Liquors 5111 Excelsior Blvd off-sale $380.00 $380.00 Trader Joe's #710 4500 Excelsior Blvd off-sale $380.00 $380.00 Westwood Liquors 2304 Louisiana Ave S off-sale $380.00 $380.00 Wok in the Park 3005 Utah Ave South on-sale wine and 3.2 $2,750.00 $2,750.00 Yangtze River Restaurant 5625 Wayzata Blvd on-sale wine and 3.2 $2,750.00 $2,750.00 Yard House #8354 1665 Park Place Blvd. on-sale intoxicating & Sunday Sale $8,950.00 $8,950.00 Yum! Kitchen and Bakery 4000 Minnetonka Blvd. on-sale wine and 3.2 $2,750.00 $2,750.00 Meeting: City council Meeting date: February 16, 2021 Consent agenda item: 4b Executive summary Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th Street Recommended action: Motion to approve the amendment to the amended and restated agreement, between the city and T-Mobile Central LLC, for communication antennas and related equipment on the city’s water tower at 8301 West 34th Street for Agreement No. 21-17. Policy consideration: None at this time. Summary: In 1996, the city negotiated an antenna lease agreement with T-Mobile (f/k/a American Portable Telecom) for placement of nine communication antennas on the Park Glen water tower. The agreement was for a 5-year term with the option of three renewable 5-year terms. With the assistance of the city attorney, staff revised the lease language and renegotiated a new agreement with T-Mobile. The number of antennas (9), number of auxiliary boxes (6) and other related equipment is not changing. The agreement is for a 5-year term with the option of two renewable 5-year terms. In 2017 the amended and restated agreement became the new lease, inclusive of all prior amendments. T-M obile desire s to amend the agreement to remove 9 antennae, replace with 6, remove 9 RRU, replace with 6 to upgrade to newest technology. The agreement has been reviewed and found to be acceptable by the City Attorney. Financial or budget considerations: The annual lease rate for 2021 is $38,663.67. This remains unchanged from the previous agreement due to no increase in equipment. The rent structure is based on the number and type of antennas/auxiliary boxes and their height above ground on the tower. The financial terms of this agreement require annual lease payments with a 5% annual rate increase. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Amendment No. 1 to City Agreement No. 21-17 Prepared by: Mike Okey, public works services manager Reviewed by: Mark Hanson, public works superintendent Cynthia S. Walsh, director of operations and recreation Approve d by: Tom Harmening, city manager Site Number: A1P0032A Region: Central Market: MN 1 FIRSTAMENDMENT TO AMENDMED AND RESTATED WATER TOWER ANTENNA LEASE AGREEMENT THIS FIRSTAMENDMENT TO AMENDMED AND RESTATED WATER TOWER ANTENNA LEASE AGREEMENT First Amendment the date of the last party to execute this Amendment , by and between The City of St. Louis Park, whose address is 5005 Minnetonka Boulevard, St. Louis Park, MN 55416-2290 ("City"), and T-Mobile Central LLC, a Delaware limited liability company whose address is 12920 SE 38th Street, Bellevue, WA 98006 ("Lessee"). Recitals The Parties hereto recite, declare and agree as follows: A. City and Lessee entered into an AMENDMED AND RESTATED WATER TOWER ANTENNA LEASE AGREEMENT , dated January 6, 2017 (that amended and restated the prior lease dated July 15, 1996, as amended, with respect to the Premises located at 8301 W. 34th Street, St. Louis Park, Minnesota 55426. B. City and Lessee desire to enter into this First Amendmentin order to modify and amend certain provisions of the Lease. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Lessee covenant and agree as follows: 1. City Consent. City hereby grantsLessee the right and consents to Lessee upgrade in the Communication Facility and the installation of equipment as described and depicted in on Exhibit -C-1 which are attached hereto and by this reference incorporated herein, which equipment shall be considered part of the under the Lease. 2.. The last paragraph of Section 6 (a) of the Lease shall be amended to include the following: In the event that City reasonably believes that Lessee is causing interference where prohibited under the Lease, and such interference necessitates emergency response, City shall contact Lessee by telephone at er: NOC 877- 611-5868 or by email at NOC@T-Mobile.com. City shall follow up with such telephone call with a written notice as well. 3. Notices. Section 21 G shall be amended to include the following: T-Mobile USA, Inc. Network Operations Center (NOC) 877-611-5868 NOC@T-Mobile.com 4.Exhibit D. Exhibit Dof the Lease shall be removed and replaced with Exhibit D- 5.Approvals. City represents and warrants to Lessee that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this First Amendment, or if any such third party consent or approval is required, City has obtained any and all such consents or approvals. City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th Street Page 2 Site Number: A1P0032A Region: Central Market: MN 2 5. Authorization. The persons who have executed this First Amendment represent and warrant that they are duly authorized to execute this First Amendment in their individual or representative capacity as indicated. IN WITNESS WHEREOF, the Parties have executed this First Amendment on the day and year first written above. City: The City of St. Louis Park Lessee: T-Mobile Central LLC, a Delaware limited liability company By:By: Name:Name: Title:Title: Date:Date: ____________________________ T-Mobile Legal approval as to form City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th Street Page 3 Site Number: A1P0032A Region: Central Market: MN 3 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th Street Page 4 Site Number: A1P0032A Region: Central Market: MN 4 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th Street Page 5 Site Number: A1P0032A Region: Central Market: MN 5 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th Street Page 6 Site Number: A1P0032A Region: Central Market: MN 6 EXHIBIT C-1 Attached hereto City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th Street Page 7 Site Number: A1P0032A Region: Central Market: MN 7 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 8 Site Number: A1P0032A Region: Central Market: MN 8 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 9 Site Number: A1P0032A Region: Central Market: MN 9 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 10 Site Number: A1P0032A Region: Central Market: MN 10 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 11 Site Number: A1P0032A Region: Central Market: MN 11 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 12 Site Number: A1P0032A Region: Central Market: MN 12 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 13 Site Number: A1P0032A Region: Central Market: MN 13 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 14 Site Number: A1P0032A Region: Central Market: MN 14 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 15 Site Number: A1P0032A Region: Central Market: MN 15 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 16 Site Number: A1P0032A Region: Central Market: MN 16 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 17 Site Number: A1P0032A Region: Central Market: MN 17 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 18 Site Number: A1P0032A Region: Central Market: MN 18 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th StreetPage 19 Site Number: A1P0032A Region: Central Market: MN 19 D-1 To WATER TOWER ANTENNA LEASE AGREEMENT (Lease Rent Schedule) T-Mobile Lease Rent Schedule at EWT 3 located at 8301 W. 34th Street T-Mobile Site No. A1P0032A / City No. 21-17 2021 Annual Rent 2022 Annual Rent 2023 Annual Rent 2024 Annual Rent 2025 Annual Rent 2026 Annual Rent 2027 Annual Rent 2028 Annual Rent $38,663.67 (paid) $40,596.85 $42,626.69 $44,758.03 $46,995.93 $49,345.73 $51,813.01 $54,403.66 1.Rent shall increase by 5% for each year of the agreement 2.Annual payment is due prior to January 1 of each year (i.e. 2021 rent is due by 12/31/2020). 3.The lease provided for an initial 5-year term (ending 12/31/2021) and2 additional 5-year terms (ending 12/31/2031). Revised 7/1/2020 City council meeting of February 16, 2021 (Item No. 4b) Title: Lease Amendment No. 1 to City Agreement No. 21-17 with T-Mobile for 8301 West 34th Street Page 20 Meeting: City council Meeting date: February 16, 2021 Consent agenda item: 4c Executive summary Title: Lease Amendment No.2 to City Agreement No. 14-04 with T-Mobile for 2541 Nevada Avenue South (Site A1P0911A) Recommended action: Motion to approve Amendment No. 2 to City Agreement No. 14-04, between the city and T-Mobile for communication antennas on the city’s water tower at 2541 Nevada Avenue South. Policy consideration: None at this time. Summary: On April 19, 2004 the city council approved the original lease agreement with T- Mobile allowing for the placement of antennas and related equipment on water tower #4. O n June 2, 2008 the city council approved City Project No. 2007-1500 and authorized staff to enter into an agreement with Odland Protective Coatings (OPC) to recoat and rehabilitate water tower #4. On November 21, 2008 the city received and approved a formal request from T-Mobile to reduce their annual rent under their original agreement for the time period from November 1, 2008 to Ap ril 30, 2009 (representing most of the time period of the project delay, without proration for May 2009) by $1,837.86 (based on the city’s rent formula). T-M obile desire s to amend the agreement to remove 9 antennae, replace with 6, remove 6 RRU, replace with 6, remove 3 TMA, remove 1 COVP to upgrade to newest technology. The amendment has been reviewed and found to be acceptable by the City Attorney. Financial or budget considerations: The annual lease rate for 2021 of $41,526.34 has not changed from the previous agreement due to no increase in equipment. The rent structure is based on the number and type of antennas/auxiliary boxes and their height above ground on the tower. The financial terms of this agreement require annual lease payments with a 5% annual rate increase. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Amendment No. 2 to City Agreement No. 14-04 Prepared by: Mike Okey, public works services manager Reviewed by: Mark Hanson, public works superintendent Cynthia S. Walsh, director of operations and recreation Approve d by: Tom Harme ning, city manager City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue South Page 2 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue South Page 3 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue South Page 4 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue South Page 5 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue South Page 6 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue South Page 7 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue South Page 8 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue SouthPage 9 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue SouthPage 10 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue SouthPage 11 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue SouthPage 12 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue SouthPage 13 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue SouthPage 14 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue SouthPage 15 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue SouthPage 16 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue SouthPage 17 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue SouthPage 18 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue SouthPage 19 City council meeting of February 16, 2021 (Item No. 4c) Title: Lease Amendment No.2 to City Agreement No.14-04 with T-Mobile for 2541 Nevada Avenue South Page 20 Meeting: City council Meeting date: February 16, 2021 Consent agenda item: 4d Executive summary Title: Accept monetary donations to operations and recreation department Recommended action: Motion to adopt Resolution approving acceptance of a $200 donation from Linda Mell for the purchase of a tree in Wolfe Park and a $300 donation from Lynn Camp and Lesley Dionne for the purchase of a memorial tree in Wolfe Park in honor of Dave and Ruth Bowman. Policy consideration: Does the city council wish to accept these gifts 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. Linda Mell graciously donated $200 for the purchase of a white pine tree to be installed in Wolfe Park. Lynn Camp and Lesley Dionne graciously donated $300 for the purchase of a shade tree to be installed in Wolfe Park in honor of Dave and Ruth Bowman. Financial or budget considerations: These donations will be used for the trees at the locations designated above . Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Stacy Voelker, senior office assistant Reviewed by: Jim Vaughan, natural resources coordinator Cynthia S. Walsh, director of operations and recreation Approve d by: Tom Harmening, city manager Page 2 City council meeting of February 16, 2021 (Item No. 4d) Title: Accept monetary donations to operations and recreation department Resolution No. 21-___ Resolution approving acceptance of donations totaling $500 for the purchases of memorial trees in Wolfe Park 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, Linda Mell donated $200 and Lynn Camp and Lesley Dionne donated $300. Now therefore be it resolved by the City Council of the City of St. Louis Park that these gift are hereby accepted with thanks to Linda Mell with the understanding that it must be used for a tree in Wolfe Park and Lynn Camp and Lesley Dionne with the understanding that it must be used for a memorial tree in Wolfe Park . Reviewed for administration: Adopted by the City Council Feb. 16, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 16, 2021 Consent agenda item: 4e Executive summary Title: Bid tabulation: Booster Station at Water Treatment Plant #8 – Project No. 5321-5004 Re commended action: Motion to designate Northdale Construction Company as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $348,900 for the Booster Station at Water Treatment Plant #8, Project N o. 5321-5004. Policy consideration: Does the city council wish to continue to move forward with making these necessary improvements to the city’s water system? Summary: A total of three bids were received for this project. Please see bid results below. Contractor Schedule No.1 Northdale Construction Company $ 348,900 Municipal Builders, Inc. $ 393,000 Swan Companies, Inc. $ 406,118 Engineer’s Estimate $ 350,000 The project includes installation of a booster station in the Kilmer Neighborhood to ensure adequate water pressure and water flow to hydrants in the neighborhood. A review of the bids indicates Northdale Construction Company submitted the lowest base bid. In reviewing the qualifications of Northdale Construction Company, staff determined the contractor meets the requirements of the specifications and are qualified to do the work in the proposal. Therefore , staff recommends that a contract be awarded to Northdale Construction Company in the amount of $348,900. Financial or budget considerations: This project was planned for and included in the city’s Capital Improvement Program (CIP) for 2021. This project will be paid for using water utility funds. Strategic priority consideration: Not applicable. Supporting documents: Discussion Contract award recommendation letter Prepared by: Aaron Wiesen, project engineer Reviewed by: Debra Heiser, engineering director Approve d by: Tom Harmening, city manager City council meeting of February 16, 2021 (Item No. 4e ) Page 2 Title: Bid tabulation: Booster Station at Water Treatment Plant #8 – Project No. 5321-5004 Discussion Background: Bids were received on Jan. 26, 2021 for the Booster Station at Water Treatment Plant #8. This water plant is located at 9701 W 16th Street. An area near Water Treatment Plant (WTP) #8 experiences low pressure and inadequate fire flows to hydrants. After evaluating the options, the city decided to create a high-pressure zone with the booster station located near WTP #8 to provide adequate pressures and fire flows. An advertisement for bids was published in the St. Louis Park Sun-Sailor on Jan. 14 and Jan. 21, 2021 and the Finance and Commerce on Jan. 12 through Jan. 16, 2021. In addition, plans and specifications are made available electronically via the internet by our vendor QuestCDN.com. Tw enty (20) contractors/vendors obtained plan sets, including one (1) Disadvantaged Business Enterprise (DBE). Three contractors submitted bids on the project. Present considerations: Staff has analyzed the bids and determined that Northdale Construction Company is a qualified contractor that can complete this work per the contract documents. The low bid is 36.5% lower than the CIP. Based on the low bid received, cost details are as follows ; this project is paid for using water utility funds: CIP Low Bid Construction Cost $ 550,000.00 $ 348,900.00 Engineering & Administration (10%) $ 50,000.00 $ 34,890.00 Total $ 600,000.00 $ 383,790.00 Due to the nature of our construction projects, unexpected costs do come up. To address this, past practice has been to show a contingency for all aspects of the project. What follows is a table that shows this 10% contingency and how this would affect the project costs. These contingency costs do not exceed the CIP funding. As a result, if overruns occur, there are adequate funds to cover these costs. Low Bid Contingency (10%) Engineering (10%) Total Water utility $348,900.00 $34,890.00 $34,890.00 $418,680.00 Ne xt steps: Construction is anticipated to begin in spring 2021 and should be completed by July of 2021. January 26, 2021 Jay Hall City of St. Louis Park 7305 Oxford St St. Louis Park, MN 55416 RE: Booster Station Project No. 5321-5004 Recommendation to Award Bid Dear Mr. Hall: The bids submitted electronically via E -Bid at QuestCDN today at 11.00 AM are shown below: Northdale Construction Company, Albertville, MN $348,900 Municipal Builders, Inc Nowhen, MN $393,000 Swan Companies, Inc, Columbia Heights, MN $406,118 The apparent low bidder is Northdale Construction Company with a lump sum bid price of $348,900. Sambatek believes that Northdale’s bid price is reasonable. The bid is less than the engineers estimate of $350,000. We have reviewed the bids and recommend that the bid be awarded to Northdale Construction Company based on the following: Northdale’s bid is complete and meets all requirements. I have has successfully worked with Northdale Construction Company on the previous similar Booster Station project in Shoreview MN. Please do not hesitate to contact me with any questions or concerns you would like to discuss. Sincerely, Naeem Qureshi, P.E. Attachments Page 2 City council meeting of February 16, 2021 (Item No. 4e) Title: Bid tabulation: Booster Station at Water Treatment Plant #8 – Project No. 5321-5004 Meeting: City council Meeting date: February 16, 2021 Consent agenda item: 4f Executive summary Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study Recommended action: Motion to adopt Resolution authorizing staff to amend the cooperative agreement with Hennepin County. The agreement is for a feasibility study to consider connections across the BNSF Railroad adjacent to Highway 100 - Project No. 4018-2000. Policy consideration: Does the council wish to study the feasibility of non-vehicle crossings of the BNSF railroad corridor at Highway 100? Summary: In 2017, the city applied for and received a $20,000 grant from Hennepin County to study the feasibility of safe and efficient non -vehicular crossings of the BNSF railroad corridor near Highway 100 and West End. Construction of a bridge in this area is identified as a part of the Connect the Park implementation plan. The intended outcome of the study is to identify conceptual routes and provide high level cost estimates; these will help with CIP planning and future grant applications. A crossing at this location would close a large gap in the pedestrian and bicycle system. The nearest legal crossing for pedestrians and bicyclists from Highway 100 is 0.5 miles to the east at the Jewish Community Center or 1.5 miles to the west at Louisiana Ave nue . Th e gap to the west will be reduced to 1 mile with the completion of the Dakota Ave nue bridge later this year. The study was intended to commence last year. However, due to the ongoing COVID-19 pandemic and funding considerations, the study was put on pause. The city and county are looking to amend the current cooperative agreement for this study to extend the completion date to the end of 2021. Amending the cooperative agreement requires council approval. Financial or budget considerations: This study is partially funded by Hennepin County for $20,000. The remaining funds, currently estimated at $30,000, will come from engineering department operating budget. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Resolution Amendment to cooperative agreement Cooperative agreement Location map C ouncil meeting report, Jan. 16, 2018 (pgs . 21 – 28) Prepared by: Ben Manibog, transportation engineer Reviewed by: Debra Heiser, engineering director Approve d by: Tom Harmening, city manager City council meeting of February 16, 2021 (Item No. 4f) Page 2 Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study Resolution No. 21-____ Resolution approving amendment to cooperative agreement with Hennepin County for city project 4018-2000 Whereas, the City of St. Louis Park desires safe and efficient pedestrian and bicycle connections across the BNSF railroad corridor adjacent to Highway 100; and, Whereas, Hennepin County has agreed to contribute a lump sum of $20,000 for a feasibility study referred to as the “West End Bike and Pedestrian Connection Study”; and, Whereas, the city will be responsible for the development of the West End Bike and Pedestrian Connection Study; and, Whereas, The City Council of the City of St. Louis Park deems it proper and in the public interest to amend the existing cooperative agreement with Hennepin County (County Project 1719) to complete a feasibility study included for City Project 4018-2000; and, Whereas, the City of St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely, and reliably. Now therefore be it resolved, the Mayor and the City Manager are hereby authorized and directed for and on behalf of the city to execute and amend the cooperative agreement with Hennepin County for City Project 4018-2000. Reviewed for administration: Adopted by the City Council February 16, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk -1 - _____ Amendment No. 1 to Agreement No. PW 27-05-17 County Project No. 2171900 City of St. Louis Park County of Hennepin AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. PW 27-05-17 THIS AMENDMENT No. 1 is made between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of St. Louis Park, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City", and collectively “Parties”. This Amendment No. 1 is effective as of the date of the final signature. WITNESSETH: WHEREAS, the County and the City previously entered into Hennepin County Agreement No. PW 27-05-17 on February 23, 2018 (the “Agreement”) wherein the County agreed to participate in the costs to prepare a feasibility study of a bikeway and pedestrian connection across Trunk Highway (TH) 100, under County Project No. 2171900, hereinafter referred to as the "Project"; and WHEREAS, the Project is not anticipated to be completed within the three years of the Agreement execution date (February 23, 2021) and the City has requested to extend the time period as stipulated herein; and WHEREAS, the Parties hereto, therefore, desire to amend the Agreement as hereinafter set forth. NOW THEREFORE, IT IS HEREBY AGREED: I In Section IV of the Agreement, the first paragraph under said Section IV in the Agreement is hereby amended to read as follows: “It is understood and agreed by the City that the West End Bike and Pedestrian Connection Study proposed herein shall be completed by December 31, 2021. The funds the County has set aside for the Project will be available for payment to the City until December 31, 2021. It is further understood and agreed by the City that the Page 3 City council meeting of February 16, 2021 (Item No. 4f) Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study Amendment No. 1 to Agreement No. PW 27-05-17 CP 2171900 -2 -_____ County will not participate in the costs of the West End Bike and Pedestrian Connection Study as set forth herein if the City has not invoiced the County by December 31, 2021.” Except as provided herein, all terms and conditions in said Agreement No. PW 27-05-17 thereto shall remain in full force and effect. (this space left intentionally blank) Page 4 City council meeting of February 16, 2021 (Item No. 4f) Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study Amendment No. 1 to Agreement No. PW 27-05-17 CP 2171900 -3 -_____ IN TESTIMONY WHEREOF, the Parties hereto have caused this Amendment to be executed by their respective duly authorized officers and agree to be bound by the provisions herein set forth. CITY OF SAINT LOUIS PARK (Seal) By:_______________________________ Mayor Date:______________________________ And:______________________________ Manager Date:______________________________ COUNTY OF HENNEPIN REVIEWED BY THE COUNTY ATTORNEY’S OFFICE: By: County Administrator By: Date: Assistant County Attorney Date: And: Assistant County Administrator, Public Works Date: RECOMMENDED FOR APPROVAL By: County Highway Engineer Date: Page 5 City council meeting of February 16, 2021 (Item No. 4f) Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study CONTRACT NOD 1 3 - 1 8 CllY OF ST. LOUIS PARK Agreement No. PW 27-05-17 County Project No. 1719 City of St. Louis Park County of Hennepin COOPERATIVE AGREEMENT FOR COST PARTICIPATIONIN FEASABILITY STUDY THIS AGREEMENT, made and entered into this ____ day of _____ _ 20_, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of St. Louis Park, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City has requested County participation in the costs to prepare a feasibility study of a bikeway and pedestrian connection across Trunk Highway 100; and WHEREAS, the above mentioned feasibility study has been identified as County Project No. 1719 and shall be hereinafter referred to as the "West End Bike and Pedestrian Connection Study"; and WHEREAS, the City will be responsible for development of the West End Bike and Pedestrian Connection Study; and WHEREAS, the costs incurred by the City to prepare the West End Bike and Pedestrian Connection Study are eligible for participation under Hennepin County's bikeway cost participation policy; and WHEREAS, the County desires to participate in the costs to be incurred by the City to prepare the West End Bike and Pedestrian Connection Study; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1, and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I The City shall be the lead agency and it or its agents shall be responsible to ensure that all work and services required for the completion of the West End Bike and Pedestrian Connection Study are in accordance with the provisions provided for herein, as well as any and all applicable laws, regulations and guidelines. - 1 -Page 6 City council meeting of February 16, 2021 (Item No. 4f) Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study Agreement No. PW 27-05-17 C.P. 1719 . The City or its agents shall be responsible for the collection of any and all data required to complete the West End Bike and Pedestrian Connection Study. It is understood that the County will provide the City with existing pertinent data as may be available. All plans, designs and reports prepared in accordance herewith shall be prepared by or under the direct supervision of a professional engineer, registered in the State of Minnesota, and said plans, designs and reports shall be certified as required by law. II At the request of the County, the City or its agents shall furnish the County with any working copies of any plans, designs or reports at any time during the study process. The County retains the right to, at any time, review and comment on the plans, designs or reports of the City or its agents in regards to the West End Bike and Pedestrian Connection Study proposed herein. III The City shall be responsible for the accuracy of the work of its agents and shall ensure that all necessary revisions or corrections resulting from errors and omissions on the part of the City or its agents are promptly made without additional compensation by the County. Acceptance of the work by the County shall in no way relieve the City or its agents of the responsibility for subsequent corrections of any such errors or omissions and also the clarification of any ambiguities. IV It is understood and agreed by the City that the West End Bike and Pedestrian Connection Study proposed herein shall be completed within three years from date of agreement execution. Upon completion of the West End Bike and Pedestrian Connection Study the City shall furnish the County with three (3) copies of the completed study. V The County will participate in the costs to prepare the West End Bike and Pedestrian Connection Study as provided herein. The County's cost participation shall be a lump sum amount of Twenty Thousand Dollars and No Cents ($20,000.00). The City understands and agrees that the County's total and only participation in the costs to prepare the West End Bike and Pedestrian Connection Study shall be $20,000.00. Upon completion of the West End Bike and Pedestrian Connection Study the City shall notify - 2 - Page 7 City council meeting of February 16, 2021 (Item No. 4f) Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study Agreement No. PW 27-05-17 C.P. 1719 the County and submit an invoice for one hundred percent (100%) of the County's share of the costs. Upon review approval of the completed West End Bike and Pedestrian Connection Study by the County Highway Engineer or designated representative, the County shall reimburse the City for its share of the costs. Said invoice should include the date of the invoice, the invoice number, the name of the project manager (Mr. Robert Byers, P.E.), project name and county project number (C.P. 1719), contract number and purchase order number. Invoices and supporting documentation should be mailed to: Hennepin County Accounts Payable, P.O. Box 1388, Minneapolis, MN 55440-1388. An electronic copy of all invoices should also be submitted to Mr. Robert Byers, P.E. at robert.byers@hennepin.us. The County will within forty five ( 45) days of said invoice, deposit with the City funds totaling the amount of said invoice. VI It is understood that the monetary reimbursement to the City provided for herein is for the County's total share of the West End Bike and Pedestrian Connection Study and that nothing herein shall be construed as a commitment by the County to participate in the construction costs of any improvements implemented as a result of the West End Bike and Pedestrian Connection Study. VII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives ofeach party hereto. VIII The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City or said city's consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this contract. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. IX It is agreed that each party to this Agreement or their agents shall not be responsible or liable to the other party or to any other person whomsoever for any liabilities, claims, actions or causes of - 3 -Page 8 City council meeting of February 16, 2021 (Item No. 4f) Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study Agreement No. PW 27-05-17 C.P. 1719 actions, judgments, damages, loses, fines, penalties, expenses of any kind or character arising out of or by reason of the performance of any design or construction work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. X It is further agreed that any and all employees of the City and all other persons engaged by said City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. XI Any alteration, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto. XII The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. XIII The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) - 4 - Page 9 City council meeting of February 16, 2021 (Item No. 4f) Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study Agreement No. PW 27-05-17 C.P. 1719 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ST. LOUIS PARK (Seal) Date: J / /7 (1 f:, COUNTY OF HENNEPIN ATTEST: By: __ fVl__,___. ----'-�-D�_,, ___ _Deputy/Clerk of the County Board Date: ____ 2-__,/_2-_o--'-/_I fJ ___ _ APPROVED AS TO FORM: By�L.� � �ty Attorney Date: /�f 3.// ·7------'-----'-------- APPROVED AS TO EXECUTION: B��� � iantCounty Attorney Date: Sp.:a/1( B�{A.� airfitsCounty Board Date: 2.. -1,,o 'I /r RECOMMENDED FOR APPROVAL By: c � ... c;.) �-:Ct:.\ ►A � Director, Transportation Project Delivery Department Date: 2/� f 1 6' - 5 - Page 10 City council meeting of February 16, 2021 (Item No. 4f) Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study RESOLUTION NO. 18-012 RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR CITY PROJECT 4018-2000 WHEREAS, the City of St. Louis Park desires safe and efficient pedestrian and bicycle connections across the BNSF railroad adjacent to Highway 100; and WHEREAS, Hennepin County has agreed to contribute a lump sum of $20,000 for a feasibility study referred to as the "West End Bike and Pedestrian Connection Study; and WHEREAS, the City will be responsible for the development of the West End Bike and Pedestrian Connection Study, and WHEREAS, the City Council of the City of St. Louis Park deems it proper and in the public interest to enter into a cooperative agreement with Hennepin County (County Project 1719) to complete feasibility study included for City Project 4018-2000. NOW THEREFORE BE IT RESOLVED, the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into a cooperative agreement with Hennepin County for City Project 4018-2000. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OFST. LOUIS PARK· ) CITY COUNCIL RESOLUTION The undersigned, being the duly qualified City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 1'8-012 adopted at the St. Louis Park City Council meeting held on January 16, 2018. WITNESS my hand and the Seal of the City of St. Louis Park this 17t? d y of January, 2018. Page 11 City council meeting of February 16, 2021 (Item No. 4f) Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study ¬«100 OLD CEDAR L A K E R D CEDAR LAKE R D C E D A R L A K E R D GAMBLE DR QUENTINAVESPARK PLACE BLVD25 1/2 ST W PARKDALE DR WEBSTERAVE SC E D A R W O O D R DQUENTINAVES UTICAAVESHILLLNSWESTRIDGE LNUTICAAVESDUKE DRWESTENDBLVDWESTSIDE DR NATCHEZAVESOTTAWAAVESPRINCETONAVESPARKWOODS RDSB HWY100 S TO PARKD DRNBHWY100STOEBI3942 3 R D S T W 0 500 1,000250 Feet ´ Study Area for Hennepin County Co-Operative Agreement Legend Potential bridge location 2019 Bikeway Future BikewaysStudy BikewaysStudy Sidewalks2018 Trails Future TrailsExisting SidewalksExisting Trails Page 12 City council meeting of February 16, 2021 (Item No. 4f) Title: Amend cooperative agreement w/ Hennepin County – West End Bike and Pedestrian Connection Study Meeting: City council Meeting date: February 16, 2021 Consent agenda item: 4g Executive summary Title: Electronic f unds transfer delegation of authority Recommended action: Motion to adopt Resolution delegating authority to make electronic fund transfers to the chief financial officer. Policy consideration: Not applicable Summary: Minnesota Statute, section 471.38, subdivision 3 requires formal approval to authorize electronic funds transfers. If the proper controls are in place, a charter city may make electronic funds transfers for various types of claims. The purpose of formally delegating the authority to make electronic transfers is to comply with Minnesota le gal compliance standards which are tested by the external auditors during the annual audit. Previously the statute applied only to school districts but was expanded to also include charter cities. Without the delegation and proper controls the city would not be allowed to complete electronic funds transfers, which would impede some of the current business practices. We do process electronic payments currently, and the update of the statute requires us now to adopt a resolution annually. The city council must annually delegate its authority to a business administrator or chief financial officer or the officer’s designee. In addition, controls should be establish ed around documentation, initiation, communication, and approval requirements. The city currently has the proper controls in place but also needs to formally delegate electronic funds transfer authority to the chief financial officer in order to utilize this process. Financial or budget considerations: None Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Melanie Schmitt, chief financial officer Reviewed by: Nancy Deno, deputy city manager/HR director Approve d by: Tom Harmening, city manager City council meeting of February 16, 2021 (Item No. 4g) Page 2 Title: Electronic funds transfer delegation of authority Resolution No. 21-____ Resolution delegating authority to make electronic funds transfer Whereas, e lectronic funds transfer is the process of value exchange via mechanical means without the use of checks, drafts, or similar negotiable instruments. Whereas, in accordance with Minnesota Statute 471.38, a local government may make an electronic funds transfer for the following: (1) for a claim for a payment from an imprest payroll bank account or investment of excess money; (2) for a payment of tax or aid anticipation certificates; (3) for a payment of contributions to pension or retirement fund; (4) for vendor payments; and (5) for payment of bond principal, bond interest and a fiscal agent service charge from the debt redemption fund. Whereas, the city utilizes electronic funds transfer for disbursements related to the transmittal of payroll, payroll withholdings, debt service payments and other disbursements. Whereas, Statute 471.38 requires that certain controls be enacted in order for a local government to utilize electronic funds transfer, including that the governing body annually delegate the authority to make electronic funds transfers to a designated business administrator or chief financial officer or the officer’s designee. Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that: 1. Pursuant to Minnesota Statute 471.38 the city council delegates the authority to make electronic funds transfers on behalf of the city to the city’s chief financial officer or their designee. 2. The chief financial officer is directed to take all steps necessary for compliance with Minnesota Statute 471.38. 3. This delegation of authority shall remain in effect until superseded by a subsequent resolution. Reviewed for administration: Adopted by the City Council Feb. 16, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 16, 2021 Consent agenda item: 4h Executive summary Title: Resolution adopting liquor license fees Recommended action: Motion to adopt Resolution setting liquor license fees for the license t erm March 1, 2021 – March 1, 2022 pursuant to Minnesota statute 340A.408 and section 3-59 of the St. Louis Park City Code. Policy consideration: Are the proposed liquor license fees in line with the limits allowed under M.S.A. C hapt er 340A? Will the p ropos ed f ees allow the city to cov er the costs related to the administration and enforcement of liquor licensing activiti es ? Summary: City code provisions pe rmit the council to set liquor license fees annually, by resolution, in amounts no greater than those set forth in M.S. Ch. 340A. The city annually reviews and completes a fee study on the costs of providing license administration and enforcement. Based on this analysis and due to the ongoing effects of the COVID-19 pandemic on local businesses, staff is not proposing any fee increases for the upcoming license period. State law sets the limits on the annual fees that may be charged for certain types of liquor licen ses. Where there is no state restriction, the city can se t the f ee at an amount to reflect the cost of issuing the license and other costs directly related to enforcement. License fees may not be used as a means of raising revenues. Financial or budget considerations: The proposed fees were used to calculate projected revenues in the 2021 budget. In response to COVID-19 and the ongoing limitations placed on in person dining, on-sale liquor license hold ers s ubmitting applications for ren ewal for t h e upcoming license period were provide d with an option to split payment of their annual license fee. Strategic priority consideration: Not applicabl e. Supporting documents: Discussion Resolution Prepared by: Melissa Kennedy, city clerk Approve d by: Tom Harmening, city manager City council meeting of February 16, 2021 (Item No. 4h) Page 2 Title: Resolution adopting liquor license fees Discussion Current and proposed liquor license fees are detailed below. On-sale intoxicating license fees are higher due to the additional staff time typically required for enforcement activities (restaurants are open Sundays and some have 2 a.m. closing) and general administration and oversight of the license . Off-sale licenses generally require less staff time because alcohol is not consumed on the premises and they are open fewer hours. Additionally, off-sale licens e fees and all background investigation fees are subject to the limits set forth in state statute. Current and proposed liquor license and background investigation fees: Liquor license type 2020 fee 2021 fee Effective 3/1/2021 Fee amount set by Brewpub Off Sale Malt Liquor $200 $200 City Brewers Off Sale Malt Liquor $200 $200 City Microdistillery Cocktail Room $600 $600 City Microdistillery Off -Sale $200 $200 City Off Sale 3.2 Malt Liquor $200 $200 City Off Sale Intoxicating Liquor $380 $380 STATE Off Sale Intoxicating Liquor fee per M.S. 340A.408 Subd.3(c ) $280 $280 STATE On Sale 3.2 Malt Liquor $750 $750 City On-Sale Culinary Class $100 $100 City On Sale Intoxicating Liquor $8,750 $8,750 City On Sale Brewer’s Taproom $600 $600 City On Sale Sunday Liquor $200 $200 STATE On Sale Wine $2,000 $2,000 STATE Club (per # members): 1 - 200 $300 $300 STATE 201 - 500 $500 $500 STATE 501 - 1000 $650 $650 STATE 1001 - 2000 $800 $800 STATE 2001 - 4000 $1,000 $1,000 STATE 4001 - 6000 $2,000 $2,000 STATE 6000+ $3,000 $3,000 STATE Temporary On Sale Liquor $100/day $100/day City Background investigation 2020 fee 2021 fee Fee set by New License Applicant (non-refundable) $500 in -state applicant; actual costs for out-of- state applicant may be billed up to a maximum of $10,000. $500 in-state applicant; actual costs for out-of- state applicant may be billed up to a maximum of $10,000. STATE New Store Manager $500 $500 STATE On Sale license renewal per 340A.412 Subd. 2 $500 $500 STATE City council meeting of February 16, 2021 (Item No. 4h) Page 3 Title: Resolution adopting liquor license fees St. Louis Park liquor licenses by type: License type License fee Fee set by Total Number in St. Louis Park Total On-sale intoxicating $8,750 City 21 $183,750 On-sale Sunday $200 STATE 23 $4,600 On-sale wine $2,000 STATE 10 $20,000 On-sale club $700 STATE 2 $1,400 On-sale 3.2 $750 City 11 $8,250 On-sale taproom $600 City 1 $600 On-sale cocktail room $600 City 2 $1,200 Off-sale intoxicating $380 STATE 13 $4,940 Off-sale 3.2 $200 City 3 $600 Off-sale brewer $200 City 1 $200 Off-sale microdistillery $200 City 2 $400 City council meeting of February 16, 2021 (Item No. 4h) Page 4 Title: Resolution adopting liquor license fees Resolution No. 21 -____ Resolution adopting liquor license fees for the license term March 1, 2021 – March 1, 2022 Be it resolved by the city council of the City of St. Louis Park as follows: Whereas, the St. Louis Park City Code Section 3-59 authorizes the city council to establish annual fees for liquor licenses by resolution in amounts no greater that those set forth in M.S.A. Chapter 340A; and Whereas, it is necessary for the city to maintain fees in an amount necessary to cover the cost of administration and enforcement of regulating liquor in the city; and Whereas, fees called for within the Section 3-59 of the city code and Minnesota Statute Chapter 340A are hereby set by this resolution for the license term effective March 1, 2021 through March 1, 2022; and Now therefore be it resolved by the city council of the City of St. Louis Park, Minnesota, fees for liquor licenses are hereby adopted as follows: Liquor License Type Fee Brewpub off-sale malt liquor $200 Brewers off-sale malt liquor $200 Microdistillery off-sale $200 Off-sale 3.2 malt liquor $200 Off-sale intoxicating liquor $380 Off-sale intoxicating liquor fee per M.S. 340A.408 Subd.3(c ) $280 On-sale brewer’s taproom $600 On-sale cocktail room $600 On-sale 3.2 malt liquor $750 On-sale intoxicating liquor $8,750 On-sale Sunday liquor $200 On-sale wine $2,000 Club (per # members) 1 - 200 $300 201 - 500 $500 501 - 1000 $650 1001 - 2000 $800 2001 - 4000 $1,000 4001 - 6000 $2,000 6000+ $3,000 Temporary on-sale liquor $100/day City council meeting of February 16, 2021 (Item No. 4h) Page 5 Title: Resolution adopting liquor license fees Investigation type Fee New license applicant (non-refundable) $500 in -state applicant; actual costs for out-of- state applicant may be billed up to a maximum of $10,000. New store manager $500 On-sale license renewal per 340A.412 Subd. 2 $500 Reviewed for administration: Adopted by the city council Febr uary 16, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 16, 2021 Consent agenda item: 4i Executive summary Title: Bid tabulation: award bid for 2021 Street Maintenance – Project No. 4021-1200 Recommended action: Motion to designate Bituminous Roadways, Inc. the lowest responsible bidder and authorize e xecution of a contract with the firm in the amount of $557,979.17 for the 2021 Street Maintenance – Project No. 4021-1200. Policy consideration: Does the city council wish to continue to implement our Pavement Management program? Summary: This year’s street maintenance project will be p erformed in A rea 5 of the city’s eight pavement management areas and on streets that are part of the Commercial Industrial Rehabilitation p rogram. It includes work in the Amhurst, Aquila, Cobblecrest and Shelard Park neighborhoods. This routine maintenance involves e dge milling the existing pavement and overlaying a thin layer of bituminous. Bids were received on Feb. 4, 2021. Ten (10) bids were receive d for this project. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Bituminous Roadways, Inc. $557,979.17 Park Construction Company $562,679.40 GMH Asphalt Corporation $597,533.06 Asphalt Surface Technologies Corp $598,887.22 C.S. McCrossan Construction, Inc $604,744.45 Molnau Trucking LLC $608,828.30 Northwest Asphalt, Inc. $638,503.62 S.M. Hentges & Son, Inc.$644,708.51 Valley Paving Inc $677,411.91 Omann Brotheres $735,996.32 Engineer’s Estimate $667,783.05 A review of the bid indicates Bituminous Roadways, Inc. submitte d the lowest responsible bid. Bituminous Roadways, Inc. has completed this type and size of work successfully in other cities. Staff recommends that a contract be awarded to the firm in the amount of $557,979.17. Financial or budget considerations: This project was planned for and included in the city’s adopted 2021 Capital Improvement Plan (CIP). This project is funded by the pavement management fund. Funding details are provided in the discussion section. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Discussion; Location map; Overall 2021 financial summary Prepared by: Aaron Wiesen, project engineer Reviewed by: Debra Heiser, engineering director; M elanie S chmitt, chi ef f inancial officer Approve d by: Tom Harmening, city manager City council meeting of February 16, 2021 (Item No. 4i) Page 2 Title: Bid tabulation: Award bid for 2021 Street Maintenance – Project No. 4021-1200 Discussion Background: Most streets in St. Louis Park were reconstructed between the mid-60s to early 80s. There are many variables, i.e., weather, traffic, soils, utility cuts, etc. that contribute to a pavement’s deterioration. In general, pavement lifecycle can range from 20 to 30 years. Applying this standard to St. Louis Park, most of the streets in the city have exceeded their useful life. Fortunately, the city’s streets are still in relatively good condition. This is due to the fact that the streets were built well, are situated on good soils, utilize curb and gutter for drainage , and have been well maintained. However, as pavements age, more aggressive maintenance strategies are needed to prolong their life. Also, more extensive maintenance is needed to “catch” certain streets and extend their life before total reconstruction is necessary. In 2004, to ensure that our streets continue to serve the community, the city council approved the pavement management program for local residential streets. The program’s basic elements consist of: •Evaluating and rating the street segments in a consistent and objective manner •Identifying segments in need of extensive maintenance or reconstruction •Applying the appropriate maintenance strategies at the appropriate times •Establishing a dedicated source of funding for the program •Implementing the identified projects on an 8-year/area cycle In order to evaluate the condition of street segments, the industry uses something called an Overall Condition Index. The Overall Condition Index (OCI) is a methodology used to evaluate and rate pavements on a range of 100 (newly surfaced pavement) to 0 (failed pavement). When the pavement management program was developed and then implemented in 2004, the council established a goal of maintaining a street network with an overall condition index (OCI) of 70. This goal then info rms the capital planning and revenue needs identified in our capital improvement plan (CIP). The pavement management program breaks out the city into 8 pavement management areas. Each area has about 15 miles of local streets. These areas are used to structure our 10-year capital improvement plan (CIP). Each year we perform pavement rehabilitation in one pavement management area. Not all the streets are rehabilitated. An average of 5 miles of the approximate 15 miles of street segments in that area are sele cted to be rehabilitated. Rehabilitation includes removing and replacing all or a portion of the pavement on the street. Curb and gutter are inspected and may be replaced as a part of the project. In addition, sidewalk, underground utilities along these street segments are also reviewed and replaced if the condition warrants. In general, pavements with an overall condition index (OCI) of 60 or less are selected for rehabilitation. If there are more than 5 miles of streets with a rating under 60, there will not be enough available funding. Street segments with ratings closer to 60 are held over for the next time we are in that pavement management area. Depending on street condition, operations may pave a 1-inch asphalt overlay to hold these streets together until we are back in the area. City council meeting of February 16, 2021 (Item No. 4i) Page 3 Title: Bid tabulation: Award bid for 2021 Street Maintenance – Project No. 4021-1200 When the condition of the roads in pavement management area 5 was reviewed to identify the segments to be included in the 2028 pavement rehabilitation project, the number of street segments that had a pavement condition index of under 60 exceeded available funding for that year. In addition, the types of pavement distresses on these streets are such that we are concerned that the streets will not hold together until we are back in the area in 2036. To extend the life of these streets until 2036, we are performing an edge mill and overlay. This maintenance strategy will provide a new pavement surface for the pedestrians, bicyclists and vehicles that use these streets, reducing the likelihood of additional cracks and potholes f orming on the roads. Due to the number of segments, we are unable to address this with in-house forces. Another street maintenance project in the 2021 CIP is the Commercial and Industrial Street Rehabilitation project (4022-1050), which include s work in the Shelard Park neighborhood. This program was created to address deteriorating streets in the commercial and industrial areas of the city to continue to ensure that the city’s street infrastructure serves the community. Because the planned street maintenance work for this project is like the street maintenance work in Area 5, staff combined the two projects into one contract to be bid together. Overall cost savings can be realized by combining the projects due to economy of scale and only having to administer one construction contract. This maintenance will extend the life of these streets 15 to 20 years, creating a new pavement surface until we are next in the area for full depth pavement replacement. This work includes the edge mill and thin overlay of selected streets in pavement area 5 and the Shelard Parkway area (see map). An advertisement for bids was published in the St. Louis Park Sun Sailor on Jan. 7 and Jan. 14, 2021, and in Finance and Commerce Jan. 7 through Jan. 20, 2021. In addition, plans and specifications are made available electronically via the internet on our OneOffice site. Twenty - nice (29) contractors/vendors purchased plan sets, three (3) of which were Disadvantaged Business Enterprises (DBE). Financial considerations: During design, investigation into the existing pavement thickness indicated that there was adequate pavement structure in place on these street segments to perform a 1.5-inch overlay vs. the 3-inch overlay planned for during the CIP budget development. Also, no incidental utility work was identified on the segments. This resulted in a substantial reduction in the overall project cost. Bids were received on Feb. 4, 2021 for this project. Based on the low bid received, cost and funding details are revised as follows: Street Maintenance Project CIP Estimate Low Bid Construction cost $1,538,000.00 $557,979.17 Engineering & Administration $150,300.00 $83,696.87 Total $1,688,300.00 $641,676.04 Funding Sources Pavement Management $1,364,050.00 $641,676.04 Sanitary sewer $115,000.00 $0.00 Storm sewer $28,750.00 $0.00 Watermain $80,500.00 Operations budget $100,000.00 $0.00 Total $1,688,300.00 $641,676.04 City council meeting of February 16, 2021 (Item No. 4i) Page 4 Title: Bid tabulation: Award bid for 2021 Street Maintenance – Project No. 4021-1200 Attached is the overall financial summary for the transportation and maintenance projects included in the 2021 CIP. As each project is brought to the council for final approval and for bid award, this summary will be updated to reflect the bids received. Final numbers will depend on bids received. The total debt levy increase for 2023 is projected to be 3.80% for the projects included in the 2021 CIP. This assumes using 10-year bonding. It is recommended to issue a longer 15-year term for the Louisiana bridge project to reduce 2023 and 2024 levy impact to 2.3% debt levy increase ; this will be discussed during the 2021 budget process. Due to the nature of our construction projects, unexpected costs do come up. To address this, past practice has been to show a contingency for all aspects of the project. What follows is a table that shows this contingency and how this would affect the project costs. If overruns occur, there are adequate funds to cover these costs. Low Bid Contingency (10%) Engineering (15%) Total Pavement management $557,979.17 $55,797.92 $83,696.87 $697,473.96 Total $557,979.17 $55,797.92 $83,696.87 $697,473.96 Next steps: Construction is anticipated to begin in spring 2021 and should be completed by July of 2021. AQUI LAAVES FREDE RI C K AVE 36TH ST W 35TH ST W 34TH ST W 33RD ST W CAVEL L AVE S AQUILAAVESMINNETONKA BLVD BOONEAVESAQUILAAVES36TH ST W BOONEAVES34TH S T W FLAG A VE S WYOMINGAVESSUNSETRIDGE RDA Q UIL A CIR SENSIGNAVESCAVEL L AVES32ND ST W HIGHWAY16931ST ST W31STSTW YUKONAVES30 1/2 ST W XYLONAVESENSIGNAVESBOONEAVESAQUILALNSHIGHWAY 1 6 9HIGHWAY 169AQUI LAAVESGETTYSBURGAVES34TH S T W ZINRANAVESXYLONAVESXYLONAVESWYOMINGAVESCAVELLA V E S PHILLIPS PKWYWYOMINGAVESFLAGAVESGETTYSBURGAVESMINNEHAHA CIRNDECATURAVE SHIGHWAY169CAVELLAVES29TH ST W 28TH ST W HIGHWAY169HILLSBOROAVESMINNEHAHA C IR S36 TH ST WJORDANA V E S GETTYSBURG AVESINDEPENDENCEA V E S HILLSBOROAVESH I G H WA Y 1 6 9 36TH ST WHIGHWAY 1 6 9 28TH S T W HIGHWAY 169HIGHWAY169HIGHWAY169HIGHWAY 169± 2021 Street Maintenance Project Page 5 City council meeting of February 16, 2021 (Item No. 4i) Title: Bid tabulation: Award bid for 2021 Street Maintenance – Project No. 4021-1200 14TH ST W INDEPENDENCEAVESHIGHWAY169FORD RDS E R V I C E D R H W Y 394 N MELROSEAVESFORD LN LANCASTERAVEJORDANAVE S HIGHWAY 169SERVICEDRHWY169WHIGHWAY169K I L ME R AVEHIGHWAY169INTERSTATE 394 WAYZATA BLVD I NTERSTATE3 9 4 INTERSTATE394SHELARDPKWYFORD RD IN TE R S TATE 3 9 4INTERSTATE394 IN TE R S TATE 3 9 4 HIGHWAY 169I N T E R S T A T E 3 9 4 HIGHWAY 169IN T E R S T A T E 394 ± 2021 Street Maintenance Project Page 6 City council meeting of February 16, 2021 (Item No. 4i) Title: Bid tabulation: Award bid for 2021 Street Maintenance – Project No. 4021-1200 Overall financial summary 2021 budget Louisiana bridge 4018-1700 Monterey project 4021-2000, 4020-1101 Pavement mill and overlay 4021-1200, 4022- 1050 2021 project balance GO Bonds 10,739,050 8,310,604 914,652 - 1,513,794 Pavement management fund 3,717,622 293,043 2,196,094 697,474 531,011 Municipal state aid 752,233 657,452 94,781 - 0 State Of MN bridge bonds 1,502,755 1,502,755 - - Federal grant 560,000 - - 560,000 Stormwater 967,702 532,623 142,740 - 292,339 Water 582,263 484,458 29,124 - 68,681 Sewer 316,250 - 375,703 - (59,453) Operations budget 100,000 - - 100,000 Total funding 19,237,875 11,780,935 3,753,094 697,474 3,006,372 Awarded Cost Estimate Awarded 2021 Transportation and maintenance projects and funding - actual 2021 Budget Louisiana bridge 4018-1700 Monterey project 4020-1101, 4012-2000 Pavement mill and overlay 4021-1200, 4022-1050 Beltline Pedestrian Improvements 4022-2000 Citywide speed limits 4021-1300 City Hall parking lot maintenance 4021-1600 Alley construction 4020-1500 GO Bonds 10,739,050 8,762,133 3,020,875 - 1,103,228 200,000 - - Pavement management fund 3,717,622 281,772 - 1,364,050 - - 38,588 432,250 Municipal state aid 752,233 - - - - - - - State Of MN bridge bonds 1,502,755 1,502,755 - - - - - - Federal grant 560,000 - - - 560,000 - - - Stormwater 967,702 512,140 107,812 115,000 - - - 232,750 Water 582,263 465,825 35,938 80,500 - - - - Sewer 316,250 - 287,500 28,750 - - - - Operations budget 100,000 - - 100,000 - - - - Total funding 19,237,875 11,524,625 3,452,125 1,688,300 1,663,228 200,000 38,588 665,000 2021 Transportation and maintence projects and funding -CIP Page 7 City council meeting of February 16, 2021 (Item No. 4i) Title: Bid tabulation: Award bid for 2021 Street Maintenance – Project No. 4021-1200 Meeting: City council Meeting date: February 16, 2021 Consent agenda item: 4j Executive summary Title: Series 2021A general obligation bonds Recommended action: Motion to adopt Resolution providing for the sale of general obligation bonds in the amount of approximately $12,385,000. (Requires 6 of 7 affirmative votes.) Policy consideration: •Does the City Council desire to issue general obligation (G.O.) charter bonds in the amount of $11,050,000 for pavement management, the Louisiana Bridge and Wooddale Bikeway project? •Does the City Council desire to issue general o bligation charter bonds in the amount of $1,335,000 for the park improvement fund in 2021? Summary: The G.O. bonds of $12,385,000 are proposed to be issued under the authority provided by the city’s charter. These bonds will fund the current year sid ewalk and trail proj ects (pavement management), Beltline Pedestrian improvements, Park improvement fund, and the Louisiana Bridge proj ects . Since these are proposed to be issued as charter authorized bonds, the recommended action will require approval by at least 6 of the 7 city council members. Financial or budget considerations: The proposed bond issues will be consolidated into one for potential inv estors to b id. The G.O. Bonds w ill have a term o f 10 y ears, with the exception of the Louisiana bridge, which is 15 years . These bonds will be repaid with tax levy and/or utility revenues at an e stimated True Interest Cost (TIC) ranging from 1.20%-1.56%. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Next Steps: March 15, 2021 award sale of the bonds. Supporting documents: Re solution Presale report Prepared by: Melanie Schmitt, chief financial officer Reviewed by: Nancy Deno, deputy city manager/HR director Approved by: Tom Harmening, city manager Page 2 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds Resolution No. 21-____ Resolution providing for the issuance and sale of general obligation charter bonds in the approximate aggregate principal amount of $12,385,000 Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “City”) as follows: 1.Findings. (a)Pursuant to Section 6.15 of the City Charter (the “Charter”) and Minnesota Statutes, Chapter 475, as amended (the “Act”), the City is authorized to issue general obligation bonds for any purpose permitted by state law upon a vote of at least six (6) members of the City Council. (b)The City has determined to finance various park improvements, the City’s 2021 pavement management projects, and the construction of the Louisiana Avenue Bridge and Beltline pedestrian improvements (collectively, the “Capital Projects”). (c)The City proposes to issue its general obligations in the approximate aggregate principal amount of $12,385,000 (the “Charter Bonds”), pursuant to the City Charter and the Act, to provide financing for the Capital Projects. 2.Sale of C harter Bonds. (a)The City Council finds it necessary and expedient to the sound financial management of the affairs of the City that the City issue its Charter Bonds in the approximate aggregate principal amount of $12,385,000, pursuant to the City Charter and the Act, in order to provide financing for the Capital Projects. (b)The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Charter Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. 3.Authority of Municipal Advisor. Ehlers and Associates, Inc., the municipal advisor to the City (the “Municipal Advisor”), is authorized and directed to negotiate the sale of the Charter Bonds. The City Council will meet at 6:30 P.M. on Monday, March 15, 2021, to consider proposals on the Charter Bonds and take any other appropriate action with respect to the Charter Bonds. 4.Authority of Bond Counsel. The law firm of Kennedy & Graven, Chartered, as bond counsel for the City (“Bond Counsel”), is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Charter Bonds. The officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents, certificates, and instruments. City council meeting of February 16, 2021 (Item No. 4j) Page 3 Title: Series 2021A general obligation bonds 5.Covenants. In the resolution awarding the sale of the Charter Bonds, the City Council will set forth the covenants and undertakings required by the Act. 6.Official Statement. In connection with the sale of the Charter Bonds, the officers or employees of the City are authorized and directed to cooperate with the Municipal Advisor and participate in the preparation of an official statement for the Charter Bonds and to deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by City Council Member ______________, and, after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in favor thereof: And the following City Council Members voted in opposition: Reviewed for Administration: Adopted by the City Council February 16, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk February 16, 2021 Pre-Sale Report for City of St. Louis Park, Minnesota $12,385,000 General Obligation Bonds, Series 2021A Prepared by: Ehlers 3060 Centre Pointe Drive Roseville, MN 55113 Advisors: Stacie Kvilvang, Senior Municipal Advisor Jason Aarsvold, Senior Municipal Advisor Keith Dahl, Financial Specialist BUILDING COMMUNITIES. IT'S WHAT WE DO. BUILDING COMMUNITIES. IT'S WHAT WE DO. 123) info@ehlers-inc.com � 1 (800) 552-1171 ii)www.ehlers-inc.com Page 4 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds    Beltline Pedestrian Improvements - $1,130,000 Page 5 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds - - Page 6 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds The amount of premium can be restricted in the bid specifications. Restrictions on premium may result in fewer bids but may also eliminate large adjustments on the day of sale and unintended impacts with respect to debt service payment. Ehlers will identify appropriate premium restrictions for the Bonds intended to achieve the City's objectives for this financing. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that there is an opportunity to refund the City's General Obligation Bonds, Series 2010C (Louisiana Court Apartments), General Obligation Tax Increment Bonds, Series 2008B and the Taxable General Obligation Housing Improvement Area Bonds, Series 2012A. Ehlers will work with staff on the timing and structuring of these refinancing. We will continue to monitor the market and the call dates for the City's outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually, as well as providing notices of the occurrence of certain reportable events to the Municipal Securities Rulemaking Board (the "MSRB"), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: The City must ensure compliance with certain sections of the Internal Revenue Code and Treasury Regulations ("Arbitrage Rules") throughout the life of the issue to maintain the tax­ exempt status of the Bonds. These Arbitrage Rules apply to amounts held in construction, escrow, reserve, debt service account(s), etc., along with related investment income on each fund/account. IRS audits will verify compliance with rebate, yield restriction and records retention requirements within the Arbitrage Rules. The City's specific arbitrage responsibilities will be detailed in the Tax Certificate (the "Tax Compliance Document") prepared by your Bond Attorney and provided at closing. The Bonds may qualify for one or more exception(s) to the Arbitrage Rules by meeting 1) small issuer exception, 2) spend down requirements, 3) bona fide debt service fund limits, 4) reasonable reserve requirements, 5) expenditure within an available period limitations, 6) investments yield restrictions, 7) de minimis rules, or; 8) borrower limited requirements. We recommend that the City review its specific responsibilities related to the Bonds with an arbitrage expert in order to utilize one or more of the exceptions listed above. Presale Report City of St. Louis Park, Minnesota February 16, 2021 Page 3 Page 7 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds   Page 8 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds PROPOSED DEBT ISSUANCE SCHEDULE Pre-Sale Review by City Council: Distribute Official Statement: Due Diligence Call to review Official Statement: Conference with Rating Agency: City Council Meeting to Award Sale of the Bonds: Estimated Closing Date: Attachments Estimated Sources and Uses of Funds Estimated Proposed Debt Service Schedule Resolution Authorizing Ehlers to Proceed with Bonds Sale EHLERS' CONTACTS Stacie Kvilvang, Senior Municipal Advisor Jason Aarsvold, Senior Municipal Advisor Keith Dahl, Financial Specialist Silvia Johnson, Public Finance Analyst Alicia Gage, Senior Financial Analyst February 16, 2021 Week of March 1, 2021 Week of March 8, 2021 Week of March 8, 2021 March 15, 2021 April 15, 2021 (651)697-8506 (651)697-8512 (651)697-8595 (651)697-8580 (651)697-8551 The Preliminary Official Statement for this financing will be sent to the City Council at their home or email address for review prior to the sale date. Presale Report City of St. Louis Park, Minnesota February 16, 2021 Page 5 Page 9 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds St Louis Park, Minnesota $12,385,000 General Obligation Bonds, Series 2021A Issue Summary Assumes Current Market Non-BQ AAA Rates plus 20bps Total Issue Sources And Uses Dated 04/15/2021 | Delivered 04/15/2021 Park Improvements Pavement Management Louisiana Bridge Beltline Improvements Issue Summary Sources Of Funds Par Amount of Bonds $1,335,000.00 $1,365,000.00 $8,555,000.00 $1,130,000.00 $12,385,000.00 Total Sources $1,335,000.00 $1,365,000.00 $8,555,000.00 $1,130,000.00 $12,385,000.00 Uses Of Funds Total Underwriter's Discount (1.000%)13,350.00 13,650.00 85,550.00 11,300.00 123,850.00 Costs of Issuance 11,425.93 11,682.67 73,220.02 9,671.38 106,000.00 Deposit to Capitalized Interest (CIF) Fund 9,485.67 10,852.11 86,346.18 8,971.26 115,655.22 Deposit to Project Construction Fund 1,300,000.00 1,325,218.00 8,310,604.00 1,103,228.00 12,039,050.00 Rounding Amount 738.40 3,597.22 (720.20)(3,170.64)444.78 Total Uses $1,335,000.00 $1,365,000.00 $8,555,000.00 $1,130,000.00 $12,385,000.00 Series 2021A GO Bonds - P | Issue Summary | 2/ 4/2021 | 3:55 PM Page 10 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds St Louis Park, Minnesota $12,385,000 General Obligation Bonds, Series 2021A Issue Summary Assumes Current Market Non-BQ AAA Rates plus 20bps Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 04/15/2021 ----- 02/01/2022 --115,655.22 115,655.22 115,655.22 08/01/2022 --72,790.00 72,790.00 - 02/01/2023 130,000.00 0.450%72,790.00 202,790.00 275,580.00 08/01/2023 --72,497.50 72,497.50 - 02/01/2024 905,000.00 0.500%72,497.50 977,497.50 1,049,995.00 08/01/2024 --70,235.00 70,235.00 - 02/01/2025 905,000.00 0.600%70,235.00 975,235.00 1,045,470.00 08/01/2025 --67,520.00 67,520.00 - 02/01/2026 915,000.00 0.650%67,520.00 982,520.00 1,050,040.00 08/01/2026 --64,546.25 64,546.25 - 02/01/2027 915,000.00 0.750%64,546.25 979,546.25 1,044,092.50 08/01/2027 --61,115.00 61,115.00 - 02/01/2028 925,000.00 0.850%61,115.00 986,115.00 1,047,230.00 08/01/2028 --57,183.75 57,183.75 - 02/01/2029 935,000.00 1.050%57,183.75 992,183.75 1,049,367.50 08/01/2029 --52,275.00 52,275.00 - 02/01/2030 945,000.00 1.200%52,275.00 997,275.00 1,049,550.00 08/01/2030 --46,605.00 46,605.00 - 02/01/2031 960,000.00 1.350%46,605.00 1,006,605.00 1,053,210.00 08/01/2031 --40,125.00 40,125.00 - 02/01/2032 965,000.00 1.450%40,125.00 1,005,125.00 1,045,250.00 08/01/2032 --33,128.75 33,128.75 - 02/01/2033 845,000.00 1.500%33,128.75 878,128.75 911,257.50 08/01/2033 --26,791.25 26,791.25 - 02/01/2034 590,000.00 1.600%26,791.25 616,791.25 643,582.50 08/01/2034 --22,071.25 22,071.25 - 02/01/2035 595,000.00 1.700%22,071.25 617,071.25 639,142.50 08/01/2035 --17,013.75 17,013.75 - 02/01/2036 605,000.00 1.750%17,013.75 622,013.75 639,027.50 08/01/2036 --11,720.00 11,720.00 - 02/01/2037 620,000.00 1.850%11,720.00 631,720.00 643,440.00 08/01/2037 --5,985.00 5,985.00 - 02/01/2038 630,000.00 1.900%5,985.00 635,985.00 641,970.00 Total $12,385,000.00 -$1,558,860.22 $13,943,860.22 - Yield Statistics Bond Year Dollars $112,634.19 Average Life 9.094 Years Average Coupon 1.3840026% Net Interest Cost (NIC)1.4939604% True Interest Cost (TIC)1.4917284% Bond Yield for Arbitrage Purposes 1.3730633% All Inclusive Cost (AIC)1.5945400% IRS Form 8038 Net Interest Cost 1.3840026% Weighted Average Maturity 9.094 Years Series 2021A GO Bonds - P | Issue Summary | 2/ 4/2021 | 3:55 PM Page 11 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds St Louis Park, Minnesota $12,385,000 General Obligation Bonds, Series 2021A Issue Summary Assumes Current Market Non-BQ AAA Rates plus 20bps Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S 105% of Total 02/01/2022 --115,655.22 115,655.22 (115,655.22)-- 02/01/2023 130,000.00 0.450%145,580.00 275,580.00 -275,580.00 289,359.00 02/01/2024 905,000.00 0.500%144,995.00 1,049,995.00 -1,049,995.00 1,102,494.75 02/01/2025 905,000.00 0.600%140,470.00 1,045,470.00 -1,045,470.00 1,097,743.50 02/01/2026 915,000.00 0.650%135,040.00 1,050,040.00 -1,050,040.00 1,102,542.00 02/01/2027 915,000.00 0.750%129,092.50 1,044,092.50 -1,044,092.50 1,096,297.13 02/01/2028 925,000.00 0.850%122,230.00 1,047,230.00 -1,047,230.00 1,099,591.50 02/01/2029 935,000.00 1.050%114,367.50 1,049,367.50 -1,049,367.50 1,101,835.88 02/01/2030 945,000.00 1.200%104,550.00 1,049,550.00 -1,049,550.00 1,102,027.50 02/01/2031 960,000.00 1.350%93,210.00 1,053,210.00 -1,053,210.00 1,105,870.50 02/01/2032 965,000.00 1.450%80,250.00 1,045,250.00 -1,045,250.00 1,097,512.50 02/01/2033 845,000.00 1.500%66,257.50 911,257.50 -911,257.50 956,820.38 02/01/2034 590,000.00 1.600%53,582.50 643,582.50 -643,582.50 675,761.63 02/01/2035 595,000.00 1.700%44,142.50 639,142.50 -639,142.50 671,099.63 02/01/2036 605,000.00 1.750%34,027.50 639,027.50 -639,027.50 670,978.88 02/01/2037 620,000.00 1.850%23,440.00 643,440.00 -643,440.00 675,612.00 02/01/2038 630,000.00 1.900%11,970.00 641,970.00 -641,970.00 674,068.50 Total $12,385,000.00 -$1,558,860.22 $13,943,860.22 (115,655.22)$13,828,205.00 $14,519,615.25 Significant Dates Dated 4/15/2021 First Coupon Date 2/01/2022 Yield Statistics Bond Year Dollars $112,634.19 Average Life 9.094 Years Average Coupon 1.3840026% Net Interest Cost (NIC)1.4939604% True Interest Cost (TIC)1.4917284% Bond Yield for Arbitrage Purposes 1.3730633% All Inclusive Cost (AIC)1.5945400% Series 2021A GO Bonds - P | Issue Summary | 2/ 4/2021 | 3:55 PM Page 12 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds St Louis Park, Minnesota $12,385,000 General Obligation Bonds, Series 2021A Issue Summary Assumes Current Market Non-BQ AAA Rates plus 20bps Detail Costs Of Issuance Dated 04/15/2021 | Delivered 04/15/2021 COSTS OF ISSUANCE DETAIL Municipal Advisor $67,500.00 Bond Counsel $18,000.00 Rating Agency Fee $19,500.00 Miscellaneous $1,000.00 TOTAL $106,000.00 Series 2021A GO Bonds - P | Issue Summary | 2/ 4/2021 | 3:55 PM Page 13 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds St Louis Park, Minnesota $1,335,000 General Obligation Bonds, Series 2021A Park Improvements Assumes Current Market Non-BQ AAA Rates plus 20bps Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S 105% of Total 02/01/2022 --9,485.67 9,485.67 (9,485.67)-- 02/01/2023 130,000.00 0.450%11,940.00 141,940.00 -141,940.00 149,037.00 02/01/2024 130,000.00 0.500%11,355.00 141,355.00 -141,355.00 148,422.75 02/01/2025 130,000.00 0.600%10,705.00 140,705.00 -140,705.00 147,740.25 02/01/2026 130,000.00 0.650%9,925.00 139,925.00 -139,925.00 146,921.25 02/01/2027 130,000.00 0.750%9,080.00 139,080.00 -139,080.00 146,034.00 02/01/2028 135,000.00 0.850%8,105.00 143,105.00 -143,105.00 150,260.25 02/01/2029 135,000.00 1.050%6,957.50 141,957.50 -141,957.50 149,055.38 02/01/2030 135,000.00 1.200%5,540.00 140,540.00 -140,540.00 147,567.00 02/01/2031 140,000.00 1.350%3,920.00 143,920.00 -143,920.00 151,116.00 02/01/2032 140,000.00 1.450%2,030.00 142,030.00 -142,030.00 149,131.50 Total $1,335,000.00 -$89,043.17 $1,424,043.17 (9,485.67)$1,414,557.50 $1,485,285.38 Significant Dates Dated 4/15/2021 First Coupon Date 2/01/2022 Yield Statistics Bond Year Dollars $8,505.58 Average Life 6.371 Years Average Coupon 1.0468791% Net Interest Cost (NIC)1.2038348% True Interest Cost (TIC)1.2066148% Bond Yield for Arbitrage Purposes 1.3730633% All Inclusive Cost (AIC)1.3487938% Series 2021A GO Bonds - P | Park Improvements | 2/ 4/2021 | 3:55 PM Page 14 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds St Louis Park, Minnesota $1,365,000 General Obligation Bonds, Series 2021A Pavement Management Assumes Current Market Non-BQ AAA Rates plus 20bps Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S 105% of Total 02/01/2022 --10,852.11 10,852.11 (10,852.11)-- 02/01/2023 --13,660.00 13,660.00 -13,660.00 14,343.00 02/01/2024 130,000.00 0.500%13,660.00 143,660.00 -143,660.00 150,843.00 02/01/2025 130,000.00 0.600%13,010.00 143,010.00 -143,010.00 150,160.50 02/01/2026 135,000.00 0.650%12,230.00 147,230.00 -147,230.00 154,591.50 02/01/2027 135,000.00 0.750%11,352.50 146,352.50 -146,352.50 153,670.13 02/01/2028 135,000.00 0.850%10,340.00 145,340.00 -145,340.00 152,607.00 02/01/2029 135,000.00 1.050%9,192.50 144,192.50 -144,192.50 151,402.13 02/01/2030 140,000.00 1.200%7,775.00 147,775.00 -147,775.00 155,163.75 02/01/2031 140,000.00 1.350%6,095.00 146,095.00 -146,095.00 153,399.75 02/01/2032 140,000.00 1.450%4,205.00 144,205.00 -144,205.00 151,415.25 02/01/2033 145,000.00 1.500%2,175.00 147,175.00 -147,175.00 154,533.75 Total $1,365,000.00 -$114,547.11 $1,479,547.11 (10,852.11)$1,468,695.00 $1,542,129.75 Significant Dates Dated 4/15/2021 First Coupon Date 2/01/2022 Yield Statistics Bond Year Dollars $10,079.42 Average Life 7.384 Years Average Coupon 1.1364458% Net Interest Cost (NIC)1.2718703% True Interest Cost (TIC)1.2741825% Bond Yield for Arbitrage Purposes 1.3730633% All Inclusive Cost (AIC)1.3977330% Series 2021A GO Bonds - P | Pavement Management | 2/ 4/2021 | 3:55 PM Page 15 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds St Louis Park, Minnesota $8,555,000 General Obligation Bonds, Series 2021A Louisiana Bridge Assumes Current Market Non-BQ AAA Rates plus 20bps Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S 105% of Total 02/01/2022 --86,346.18 86,346.18 (86,346.18)-- 02/01/2023 --108,687.50 108,687.50 -108,687.50 114,121.88 02/01/2024 535,000.00 0.500%108,687.50 643,687.50 -643,687.50 675,871.88 02/01/2025 535,000.00 0.600%106,012.50 641,012.50 -641,012.50 673,063.13 02/01/2026 540,000.00 0.650%102,802.50 642,802.50 -642,802.50 674,942.63 02/01/2027 540,000.00 0.750%99,292.50 639,292.50 -639,292.50 671,257.13 02/01/2028 545,000.00 0.850%95,242.50 640,242.50 -640,242.50 672,254.63 02/01/2029 550,000.00 1.050%90,610.00 640,610.00 -640,610.00 672,640.50 02/01/2030 555,000.00 1.200%84,835.00 639,835.00 -639,835.00 671,826.75 02/01/2031 565,000.00 1.350%78,175.00 643,175.00 -643,175.00 675,333.75 02/01/2032 570,000.00 1.450%70,547.50 640,547.50 -640,547.50 672,574.88 02/01/2033 580,000.00 1.500%62,282.50 642,282.50 -642,282.50 674,396.63 02/01/2034 590,000.00 1.600%53,582.50 643,582.50 -643,582.50 675,761.63 02/01/2035 595,000.00 1.700%44,142.50 639,142.50 -639,142.50 671,099.63 02/01/2036 605,000.00 1.750%34,027.50 639,027.50 -639,027.50 670,978.88 02/01/2037 620,000.00 1.850%23,440.00 643,440.00 -643,440.00 675,612.00 02/01/2038 630,000.00 1.900%11,970.00 641,970.00 -641,970.00 674,068.50 Total $8,555,000.00 -$1,260,683.68 $9,815,683.68 (86,346.18)$9,729,337.50 $10,215,804.38 Significant Dates Dated 4/15/2021 First Coupon Date 2/01/2022 Yield Statistics Bond Year Dollars $85,721.47 Average Life 10.020 Years Average Coupon 1.4706743% Net Interest Cost (NIC)1.5704743% True Interest Cost (TIC)1.5685536% Bond Yield for Arbitrage Purposes 1.3730633% All Inclusive Cost (AIC)1.6629033% Series 2021A GO Bonds - P | Louisiana Bridge | 2/ 4/2021 | 3:55 PM Page 16 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds St Louis Park, Minnesota $1,130,000 General Obligation Bonds, Series 2021A Beltline Improvements Assumes Current Market Non-BQ AAA Rates plus 20bps Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S 105% of Total 02/01/2022 --8,971.26 8,971.26 (8,971.26)-- 02/01/2023 --11,292.50 11,292.50 -11,292.50 11,857.13 02/01/2024 110,000.00 0.500%11,292.50 121,292.50 -121,292.50 127,357.13 02/01/2025 110,000.00 0.600%10,742.50 120,742.50 -120,742.50 126,779.63 02/01/2026 110,000.00 0.650%10,082.50 120,082.50 -120,082.50 126,086.63 02/01/2027 110,000.00 0.750%9,367.50 119,367.50 -119,367.50 125,335.88 02/01/2028 110,000.00 0.850%8,542.50 118,542.50 -118,542.50 124,469.63 02/01/2029 115,000.00 1.050%7,607.50 122,607.50 -122,607.50 128,737.88 02/01/2030 115,000.00 1.200%6,400.00 121,400.00 -121,400.00 127,470.00 02/01/2031 115,000.00 1.350%5,020.00 120,020.00 -120,020.00 126,021.00 02/01/2032 115,000.00 1.450%3,467.50 118,467.50 -118,467.50 124,390.88 02/01/2033 120,000.00 1.500%1,800.00 121,800.00 -121,800.00 127,890.00 Total $1,130,000.00 -$94,586.26 $1,224,586.26 (8,971.26)$1,215,615.00 $1,276,395.75 Significant Dates Dated 4/15/2021 First Coupon Date 2/01/2022 Yield Statistics Bond Year Dollars $8,327.72 Average Life 7.370 Years Average Coupon 1.1357999% Net Interest Cost (NIC)1.2714913% True Interest Cost (TIC)1.2737961% Bond Yield for Arbitrage Purposes 1.3730633% All Inclusive Cost (AIC)1.3975829% Series 2021A GO Bonds - P | Woodale Bikeway | 2/ 4/2021 | 3:55 PM Page 17 City council meeting of February 16, 2021 (Item No. 4j) Title: Series 2021A general obligation bonds Meeting: City council Meeting date: February 16, 2021 Consent agenda item: 4k OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA January 6, 2021 – 6:25 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Jim Beneke, Imran Dagane, Matt Eckholm, Courtney Erwin, Jessica Kraft, Tom Weber MEMBERS ABSENT: None STAFF PRESENT: Gary Morrison, Jacquelyn Kramer, Sean Walther, Jennifer Monson 1. Call to Order – Roll Call 2. Approval of Minutes of December 2, 2020 Commissioner Weber made a motion to approve the minutes. Commissioner Eckholm seconded the motion, and the motion passed on a vote of 6-0. 3. Public Hearings A. Texa-Tonka Apartments Applicant: Texa-Tonka Apartments LLC/Paster Properties Case Nos: 20-26-CP, 20-27-S, 20-28-PUD Jennifer Monson, planner, presented the staff report. She explained the applicant is requesting a comprehensive plan amendment, preliminary and final plat and preliminary and final PUD and noted these requests in detail. Ms. Monson stated staff recommends approval subject to conditions recommended by staff. Commissioner Weber asked about utility construction and traffic in the area and at the Minnetonka and Texas intersection. He also asked if there is a buffer between the proposed residential doors facing Minnetonka Boulevard and the public sidewalk. Ms. Monson stated the developers will need to obtain permits for work in the right-of- way and that typically lanes are not permitted to shut down entirely. She added that there is a grade change and ample landscaping between the residential units and the public sidewalk . Sean Walther added the right-of-way dedication provides enough space to accommodate a future right -hand turn lane and a bike lane. Commissioner Beneke asked if this will be 20% affordable housing and that would allow developer to apply for tax increment financing (TIF ) funds. City council meeting of February 16 , 2021 (Item No. 4k) Page 2 Title: Planning commission meeting minutes January 6, 2021 Ms. Monson stated there are multiple ways for TIF to be approved, including a redevelopment district or a TIF housing district. A housing TIF district requires 20% of the housing units to be affordable to households earning up to 50% of the area median income (AMI). Commissioner Eckholm asked what the cost will be for the townhomes. Mr. Sturdivant, the applicant, clarified the townhomes will not be for sale; they will be rented, and indicated the final rental rates have not been determined as the project will not be delivered to the market until 2022. He also stated some of the units will be affordable at 50% AMI and the remainder will be at market rate, depending on the market. Chair Kraft asked how the development responds to the small area plan for Texa Tonka and fits in with community feedback. Ms. Monson stated the plan showed a 3-story building on the site with 18,000 sq uare feet commercial as well as townhomes . She added the community feedback was overwhelmingly in favor of mid -size housing as well as architectural style to blend in with the rest of the mid-century style in the Texa Tonka area. She said of those that opposed the development shown, half of those wanted to see less density and shorter buildings and half indicated they would support higher density and taller buildings. Chair Kraft opened the public hearing. Scott Breyfogle, 2904 Sumter Ave., stated that he has concerns about increased traffic on Sumter Avenue and parking in front of homes. He is concerned about property taxes and how this proposal will affect property taxes for homes on Sumter, and that he has concerns about construction noise. There are several people that work from home on Sumter and that construction will cause noise pollution. John Honsa, 2931 Sumter, stated that he is a 20-year resident and that many people who responded to the city’s survey did not live in the neighborhood. He had concerns about a 5-story building and the view and privacy from Sumter Avenue toward the east side of the building since there are no trees in Rainbow Park between Sumter and the property. He also voiced concerns about north bound traffic on Texas/Virginia/Cedar Lake Road, stating that turning onto Cedar Lake Road is already difficult. G eena Brown stated that she lives immediately south of the dentist at 3011 Texas and is supportive of the project and more residential in the area in general, but wanted to echo voices that were coming out of the neighborhood that she would prefer a three story building rather than a 4-5 story building. She also stated that she would prefer to see more affordable units, and that what is provided is not enough for an affordable family area. One caller could not be heard at all and was asked to call back. Commissioner Weber asked if there is enough parking at the development for all residents, given the underground parking. He asked if this would be a concern to residents in the nearby area. City council meeting of February 16 , 2021 (Item No. 4k) Page 3 Title: Planning commission meeting minutes January 6, 2021 Ms. Monson stated the development has four more parking spaces than is required by code. She stated staff does not anticipate any overflow parking and there is no parking on Texas Avenue due to the bike lane. She stated the developer is providing 134 parking spaces on site and no overflow parking is anticipated onto area side streets. Darla Hoffer, 3024 Sumter Ave., stated she lives two blocks from the development. She has concerns about inappropriate height and a 5-story building, and is concerned about people being to see into backyards. The audio for Ms. Hoffer’s call was poor. Ms. Monson stated that Ms. Hoffer submitted a comment letter prior to the commission’s meeting, which had five points of concern including height, privacy, and taxes. She stated the letter was shared with the commission prio r to the meeting. Mr. Walther stated because of technical difficulties on the calls this evening, the public will be allowed to comment at the city council meeting and are also invited to contact staff with their comments, which will then be passed on to the commission and the council as well. The Chair closed the public hearing. Chair Kraft directed any additional callers to call during the city council meeting to voice any concerns they have. Commissioner Weber added public comments could possibly be made on a city hall voice mail and recorded, and then passed on to the commission and council as well. Commissioner Eckholm agreed with both Mr. Walther and Commissioner Weber. Chair Kraft directed staff to have the public reach out to Ms. Monson at city hall or on the city website . Commissioner Eckholm stated he likes this de velopment, adding he also lives in the area. He stated this is a great use of the site and he enjoys how the area is coming back to life . He stated he is impressed with the commitment to electric vehicle chargers and likes the design features that Paster has included to fit the vision of the small area plan . Commissioner Weber agreed adding putting this next to a park is wonderful. He again noted the intersection and asked staff to be thoughtful of turn lanes and mid-block crossing lights in the area. Commissioner Beneke also supported the plan stating all the details were well thought out. He stated it is a well-thought-out plan and it is exciting to see the area being built out. Chair Kraft agreed, and stated she supports the project which will reactivate the intersection, and the townhomes, businesses and the architecture responds well to the neighborhood, while the character fits in well with the mall across the street. City council meeting of February 16 , 2021 (Item No. 4k) Page 4 Title: Planning commission meeting minutes January 6, 2021 Commissioner Dagane added he is excited also about the project stating it adds value to the area and helps lower-income families and he will support this project. Commissioner Weber made a motion, Commissioner Eckholm seconded, recommending approval of the changes as proposed by staff. The motion passed on a vote of 6-0. B. SLP Living, 9908 and 9920 Shelard Parkway Applicant: Mortenson Development, Inc. Case Nos: 20-32-CP, 20-33-S, 20-34-PUD Jacqu elyn Kramer, associate planner, presented the staff report. She noted the developer is asking for approval of a comprehensive plan amendment, a preliminary plat, and PUD amendment ordinance . Ms. Kramer stated the council approved of the development in March 2018, but that based on the market impacts of Covid -19 and other factors, the project has changed. She stated 20% of the multi-family units will be affordable at 50% AMI . She stated 233 units are proposed. There is on level of parking on ground floor and 6 levels of living space above . Ms. Kramer stated staff recommends approval of the comprehensive plan amendment, the preliminary plat, and the PUD amendment ordinance subject to the conditions recommended by staff. Commissioner Beneke asked about parking restrictions at the development. Ms. Kramer stated a draft parking plan was submitted which deals with impacts of parking on neighbors. She noted one of the criteria is the number of cars per unit can be limited. Commissioner Weber asked if the development is surrounded mostly by commercial buildings. Ms. Kramer stated to the west of the site is a condo building with some offices, and to the north there is some office and further north is more multi-family residential. Chair Kraft opened the public hearing. There were no callers. The applicant, Brent Webb, Mortenson Construction thanked St. Louis Park and city staff for their guidance on this project. He noted their website is updated ongoing related to this development and they are open to any questions from the commission or residents. The Chair closed the public hearing. Commissioner Eckholm stated he likes to see highest and best use on sites, and this is an excellent way to get more residents in St. Louis Park. He stated he typically does not like City council meeting of February 16 , 2021 (Item No. 4k) Page 5 Title: Planning commission meeting minutes January 6, 2021 to see so much parking on a site but recognizes this is the nature of this type of project adding he is in support of this project. Chair Kraft agreed, adding this project makes sense for this site, against the highway and it provides more variety of residences for folks. She stated it is easily accessible to downtown and has good amenities and she is in support of the project. Commissioner Eckholm made a motion, Commissioner Weber seconded, recommending approval of the comprehensive plan amendment, the preliminary plat, and the PUD amendment ordinance subject to the conditions recommended by staff. The motion passed on a vote of 6-0. 4. Other Business A. Election of officers – each year the officers of chair and vice chair are rotated to build leadership skills among commissions . The new officers would start at the January 20, 2021 meeting. It was the consensus of the planning commission to nominate Commissioner Eckholm as chair and Commissioner Beneke as vice chair. B. Annual report and 2021 work plan – It was the consensus of the planning commission to approve the annual report and 2021 work plan as presented. 5. Communications Mr. Walther noted the 2021 schedule for planning commission meetings, with three meetings being moved due to holidays in 2021. Commissioner Weber noted the commission is meeting on the evening of a very traumatic day in the history of the country and he stated the commission went ahead to meet despite this and continued on with the democratic process. Mr. Walther noted the city is accepting applications to fill openings for all boards and commissions including the planning commission which has a regular member vacancy as well as a youth vacancy. Mr. Walther stated he will also look at which commissioners are at the end of their term, as they will need to reapply to if they wish to be considered for reappointment for another three years. Commissioner Eckholm stated it is his and Chair Kraft terms are ending. 6. Adjournment The meeting was adjourned at 8:04 p.m. Meeting: City council Meeting date: February 16, 2021 Public hearing: 6a Executive summary Title: Public hearing to consider allocation of 2021 Community Development Block Grant (CDBG) funds Recommended action: Mayor to open public hearing, take testimony, and then close the hearing. Motion to adopt Resolution approving proposed use of 2021 Urban Hennepin County Community Development Block Grant (CDBG) funds and authorize execution of sub-recipient agreement with Hennepin County and third -party agreements. Policy consideration: Does the city council concur with the recommendations made for the allocation of $163,482 in 2020 CDBG funds? Summary: Each year the city receives an allocation of federal CDBG funds and must decide how to use those funds. CDBG funds are U.S. Housing and Urban Development (HUD) funds distributed through Hennepin County. The city must submit its proposed use of the allocation to Hennepin County. Prior to submittal, the city must hold a public hearing. The city has not been notified of its estimated 2021 direct allocation , so for planning purposes staff is using the 2020 direct allocation amount of $163,482 as an estimate. This year’s proposed use of CDBG funds reflects the city’s prioritie s to preserve existing housing and increase affordable home ownership opportunities by allocating $133,482 to the low - income deferred rehab loan program and $30,000 to Homes Within Reach land trust program. Beginning in 2018, 15 percent of the overall CDBG budget is required to be set aside by Hennepin County for public service activities and awarded through a single, combined, competitive RFP covering all the cities in the county program. Financial or budget considerations: CDBG funds allow cities discretion, within HUD guidelines, to fund projects that meet the national low-income objectives and the needs of the cities. The federal budget has not been finalized so the estimate 2021 funding amount of $163,482 may change. The 2021 CDBG year runs from July 1, 2021 through June 30, 2022. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion Resolution Prepared by: Marney Olson, assistant housing supervisor Reviewed by: Karen Barton, community development director Approved by: Tom Harmening, city manager City council meeting of February 16, 2021 (Item No. 6a) Page 2 Title: Public hearing to consider allocation of 2021 Community Development Block Grant (CDBG) funds Discussion Background: The national objectives of the CDBG program are to benefit low- and moderate- income persons, prevent or eliminate slum or blight, and/or to meet a particular urgent community development need. Additionally, t he CDBG program allows for up to 15 percent of allocated funds to be used to fund public services. The city council has typically focused CDBG funds on improvements to the housing stock for low-income families or on affordable homeownership program. Beginning in 2018, Hennepin County began setting aside 15 percent of the overall CDBG budget for public service activities awarded through a single , combined, competitive RFP . Prior to that date, cities were allowed to allocate up to 15 percent of their individual award to social service agencies . Henn epin County now manages the RFP process and sends information to a long list of public service providers throughout the metro, including past recipients. The city has provided a letter of support to STEP for their application in previous years and will sup port their 2021 application upon request. In the past the city used to also fund rehabilitation and improvements for affordable housing providers in St. Louis Park. Due to federal regulations requiring Davis Bacon Wage laws, other regulatory requirements related to the use of federal funding for multifamily properties and St. Louis Park’s limited CDBG award, small CDBG awards both complicated and increased the costs of these projects. The two programs the city continues to fund with CDBG dollars are for in dividual owner-occupied properties, to which the federal regulations that impact multifamily properties do not apply. Present considerations: The proposed use of the $163,482 estimated allocation include $133,482 for the low -income deferred rehab loan administered by Hennepin County and $30,000 to Homes Within Reach affordable housing land trust. If there are any increases or decreases to the allocation, the deferred rehab loan will be adjusted accordingly. These two programs address the need for affordable housing support the city council’s strategic priority to providing a broad range of housing for the community. The low -income deferred loan program is a program for homeowners with annual incomes at or below 80 percent of area median income. The rehab focuses on improvements to bring homes into code compliance, address deferred maintenance and provide long-term maintenance-free housing. The maximum loan amount is $30,000 and is deferred until the sale of the home or forgiven after 15 years. There are currently 44 households on the waiting list, demonstrating the need to continue allocating CDBG dollars to this program. The county has seen an increase in requests in 2020 in all of the cities for which they administer this program. Homes Within Reach is a program of the West Hennepin Housing Land Trust (WHAHLT) that purchases homes and sells them to low-income homeowners. Buyers purchase the house only and lease the land for 99 years for a nominal amount, thus providing affordable homeownership opportunities. St. Louis Park funds are leveraged with Met Council and Hennepin County HOME funds. The city has partnered with Homes Within Reach since 2006. To date, Homes Within Reach has purchased, rehabbed and sold 19 homes in St. Louis Park. The St. Louis Park Housing Authority reviewed the recommended proposal for use of 2021 CDBG funds at the January 2021 board meeting and supports the allocation as proposed. City council meeting of February 16, 2021 (Item No. 6a) Page 3 Title: Public hearing to consider allocation of 2021 Community Development Block Grant (CDBG) funds Resolution No. 21-____ Resolution approving proposed allocation for 2021 Urban Hennepin County Community Development Block Grant (CDBG) program funds and authorizing execution of subrecipient agreement with urban Hennepin County and any third -party agreements Whereas, the City of St. Louis Park, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and Whereas, the City of St. Louis Park has developed a proposal for the use of 2021 Urban Hennepin County Community Development Block Grant funds; Now therefore be it resolved that the City Council of St. Louis Park approves the following projects for funding from the 2021 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Urban Hennepin County/Consolidated Pool. Activity Budget Low Income Deferred Rehab Loan $133,482 Affordable Housing Land Trust – Homes Within Reach $30,000 It is further resolved that the city council hereby authorizes and directs the Mayor and its’ City Manager to execute the subrecipient agreement and any required third -party agreement on behalf of the city to implement the 2021 Community Development Block Grant program. It is further resolved that should the actual amount of the FY2021 CDBG available to the city be different from the preliminary amount provided to the city, the city council hereby authorizes the city manager to adjust the following activity budget proportionally to reflect the actual amount of funding available. Activity Budget Low Income Single Family Home Rehab Loan 100% of any increase or decrease Reviewed for administration: Adopted by the City Council February 16, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 16, 2021 Action agenda item: 8a Executive summary Title: First reading of ordinance pertaining to outdoor seating in the I-G general industrial zoning district Recommended action: Motion to approve the first reading of Ordinance amending Section 36- 244(e) pertaining to outdoor seating in the I-G general industrial zoning district and set second reading for March 1, 2021. Policy consideration: Does the council wish to amend Section 36-244 to allow outdoor seating in the I-G zoning district. Summary: Mary Loeffelholz, co -owner of Dampfwerk Distillery, applied to amend the zoning ordinance to allow outdoor seating as an accessory use in the I-G district. Background: Dampfwerk Distillery and its cocktail room are located at 6311 Cambridge Street. They opened a temporary outdoor seating area in 2020 as a result of the pandemic and the city emergency powers that allows businesses in the city to apply for temporary uses even though the use, or an aspect of the use, is not permitted by city codes. Dampfwerk is reviewing their future operations and desires to permanently operate an outdoor seating area after the pandemic restrictions are lifted. The I-G district , however, does not allow outdoor seating, except employee break areas. Therefore, the applicant proposes the attached zoning text amendment to allow outdoor seating in the I-G district with the listed conditions. Present considerations: Attached is a copy of a proposed ordinance. In summary, the ordinance proposes to allow outdoor seating with the same conditions that are required for outdoor seating in other zoning districts: 1.Require a wall to separate the outdoor seating from adjacent residential areas. 2.Sound volume limits when located within 500 feet of residential. 3.Hours of operation limited to 7am to 10pm when located within 500 feet of residential. 4.Additional parking only required when outdoor seating exceeds 500 square feet or 10% of the gross building area, whichever is less . The planning commission conducted a public hearing on Jan. 20, 2021. No comments were received from the public. The p lanning commission recommended approval. Financial or budget considerations: None Strategic priority consideration: Not applicable. Supporting documents: Ordinance Excerpt of planning commission minutes Zoning map Prepared by: Gary Morrison, assistant zoning administrator Reviewed by: Sean Walther, planning and zoning supervisor Karen Barton, community development director Approve d by: Tom Harmening, city manager City council meeting of February 16, 2021 (Item No. 8a) Page 2 Title: First reading of ordinance pertaining to outdoor seating in the I-G general industrial zoning district Discussion Outdoor seating is currently not allowed in the I-P industrial park district and the I-G general industrial park district, except employee break areas. There are, however, some uses in the I-G district that might utilize outdoor seating such as Dampfwerk Distillery, Copperwing Distillery and Warehouse Winery. Therefore, the following amendment to the I-G district is proposed so that the existing and future uses may utilize outdoor seating in a manner allowed by similar uses in other districts. Proposed zoning amendment for Section 36-244(e) accessory uses in the I-G general industrial district: (10)Outdoor seating and service of food and beverages is permitted as an accessory use with the following conditions: a.The use must be separated from any adjacent residential use by a building wall or six - foot fence. This provision will not apply if the residential use is located on an upper story above the principal use. b.If the outdoor seating area is located within 500 feet of a residence, then no speaker or other electronic device which emits sound, or the playing of any band, orchestra, musician or group of musicians, or the use of any device to amplify the music of any band, orchestra, musician or group of musicians, are permitted where the noise or music is plainly audible at the residence above the normal conversation level occurring in the outdoor seating area. c.The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if the use is located within 500 feet of a residential use. d.Additional p arking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. The applicant requests the ability to provide outdoor music, recorded or live. As noted below, in the existing outdoor seating regulations in other zoning districts, speakers and other electronic devices are not allowed when the outdoor seating is located within 500 feet of residential. While the city is concerned about noise becoming a nuisance to residential properties in the vicinity of the outdoor seating, staff conducted some research to see how, and if, other cities accommodate music in outdoor seating areas. Staff found that music is commonly allowed with a condition similar to what is proposed. The intent of the condition is to establish the conversation volume level as the limit allowed. Therefore, music is allowed if it is not louder than the conversation typical of the outdoor seating area. This will limit the type of music allowed and the type of equipment allowed in some areas depending on the proximity to residential uses. Existing outdoor seating regulations: City of St. Louis Park allows outdoor seating in the C -1 neighborhood commercial, C-2 general commercial, O office, BP business park, MX-1 vertical mixed -use and MX-2 neighborhood mixed -use districts with conditions. City council meeting of February 16, 2021 (Item No. 8a) Page 3 Title: First reading of ordinance pertaining to outdoor seating in the I-G general industrial zoning district Zoning Map: The zoning map is attached for reference. The I-G general industrial district is shaded dark gray and is primarily located in three areas of the city. The amendment, if approved, would apply to all of these areas as long as the business is able to meet the conditions associated with the outdoor seating. The general location of the city’s I-G districts are described below. Louisiana Avenue South and Oxford Street: This area includes a variety o f industrial uses along Oxford Street and a short section of Cambridge Street between Edgewood Avenue South and the railroad tracks. This area is serviced by the Louisiana Avenue light rail station. It includes uses such as the Municipal Service Center and Japs Olson both located west of Louisiana Avenue South. The above referenced Dampfwerk and Copperwing distilleries and Warehouse Winery, all located east of Louisiana Avenue South along with other industrial uses. Highway 100 and County Road 25: This are a includes the Nordic Ware facility and Extra Space self -storage. Southwest corner of Highway 100 and Cedar Lake Road: This area includes Westside Center and an autobody repair shop. There are two other small areas that include one industrial building at the south west corner of Alabama Avenue South and 36th Street West used mainly for storage by Nordic Ware, but also includes the Jonny Pops manufacturing facility. There is also a property south of Cedar Lake Road near Edgewood Avenue South which is used by the city as part of its streets and operations services. Planning commission review: The planning commission conducted a public hearing on January 20, 2021. No comments were received. The planning commission recommended approval of the draft ordinance. Recommendation: Motion to approve the first reading of Ordinance amending Section 36-244(e) pertaining to outdoor seating in the I-G General Industrial zoning district and set second reading for March 1, 2021. Next Steps: The ordinance is scheduled for a second reading on March 1, 2021. City council meeting of February 16, 2021 (Item No. 8a) Page 4 Title: First reading of ordinance pertaining to outdoor seating in the I-G general industrial zoning district Ordinance No. ___-21 Ordinance regarding outdoor seating in the I-G general industrial district The City of St. Louis Park does ordain: Whereas, an application was received from Dampfwerk Distillery to amend the I-G General Industrial district to allow outdoor seating as an accessory use , and Whereas, the City Council has considered the advice and recommendation of the planning commission (case no. 20-37-ZA), and Now, therefore be it resolved that the following amendments shall be made to the City Code: Section 1. Chapter 36, Section 36-244(e) of the St. Louis Park City Code is hereby amended to add the following underlined text to the list of land use descriptions. (10)Outdoor seating and service of food and beverages is permitted as an accessory use with the following conditions: a.The use must be separated from any adjacent residential use by a building wall or six - foot fence. This provision will not apply if the residential use is located on an upper story above the principal use. b.If the outdoor seating area is located within 500 feet of a residence, then no speaker or other electronic device which emits sound, or the playing of any band, orchestra, musician or group of musicians, or the use of any device to amplify the music of any band, orchestra, musician or group of musicians, are permitted where the noise or music is plainly audible at the residence above the normal conversation level occurring in the outdoor seating area. c.The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if the use is located within 500 feet of a residential use. d.Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. Section 2. This ordinance shall take effect March 26, 2021. First Reading February 16, 2021 Second Reading March 1, 2021 Date of Publication March 11, 2021 Date Ordinance takes effect March 26, 2021 City council meeting of February 16, 2021 (Item No. 8a) Page 5 Title: First reading of ordinance pertaining to outdoor seating in the I-G general industrial zoning district Reviewed for administration: Adopted by the City Council March 1, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney City council meeting of February 16, 2021 (Item No. 8a) Page 6 Title: First reading of ordinance pertaining to outdoor seating in the I-G general industrial zoning district EXCERPT OF UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA January 20, 2021 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Jim Beneke, Imran Dagane, Matt Eckholm, Courtney Erwin, Jessica Kraft, Tom Weber MEMBERS ABSENT: None STAFF PRESENT: Jacquelyn Kramer, Gary Morrison, Sean Walther 3.Public Hearings B. I-G general ind ustrial zoning code amendments Applicant: Mary Loeffelholz Case Nos: 20-37-ZA Gary Morrison, assistant zoning administrator, presented the staff report. Commissioner Weber noted if Copperwing’s outdoor seating currently is for emergency use only now during Covid. Mr. Morrison stated yes and set to e xpire in 2021 when emergency rules end. Commissioner Beneke asked if there is a reason that industrial areas did not allow for this before. Mr. Morrison stated the rules have been adopted as they went along and have been business-driven, from district to district. Chair Eckholm noted 500 feet away from the location boundary and asked if there is any residential within 500 feet. Mr. Morrison stated yes there is. Commissioner Erwin asked if approved how soon before it would go into effect. Mr. Walther stated once council takes action, it is published and then it is 15 days until effective. Chair Kraft opened the public hearing. Ms. Loeffelholz, the applicant, stated they did have a temporary outdoor patio during the emergency order and had tremendous response. She stated they saw it as an important amenity and wanted to make it more year-round structure and more permanent for the community. There were no callers on the line. Chair Kraft closed the public hearing. Commissioner Weber made a motion, Commissioner Kraft seconded, recommending approval of the I-G General Industrial zoning code amendment as presented. The motion passed on a vote of 6-0. 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W PENNSYLVANI AAV E SYUKON AVE SBOONE AVE SPENNSYLVANIA AVE SAQUILA AVE SGETTYSBURG AVE S14TH ST W XYLON AVE SCAVELL AVE S35TH ST WCOLORADO AVE S29TH ST W 39TH ST W OTTAWA AVE SXYLON AVE S14TH ST W OTTAWAAVESFLAG AVE SWEBSTER AVE SNEVADA AVE S37TH ST WUTAH AVE SHAMPSHIRE AVE SEDGEWOOD AVE SLYNN AVE SJOPPA AVE SALABAMA AVE S27TH ST WHAMPSHIRE AVE SVIRGINIA AVE S22NDSTW FLORIDA AVE SCAMBRIDGE ST 36TH ST W CAMBRIDGE ST RALEIGH AVE SXENWOOD AVE SRHODE I S L A N D A V E S 26TH ST W DAKOTA AVE SIDAHO AVE SQUEBEC AVE SINGLEWOOD AVE SSA L EM A V E S MEADOWBR O OKBLV DVIRGINIAAVES32ND ST W NATCHEZ AVE SQUEBEC AVE S28TH ST W WYOMINGAVESZARTHAN AVE S39TH ST W VERNON AVE SPRINCETON AVE SPRINCETON AVE SBRUNSWICK AVE SWALKER ST41ST ST WYOSEMITE AVE S26TH ST W UTICAAVESMONTEREY AVE SALABAMA AVE SFRANKLIN AVE W AQU IL A A V E S28TH ST W 29TH ST W 16TH ST W WEBSTER AVE SUTAH AVE SVIRGINIA AVE SPUD 1 PUD 2 PUD 4 PUD3 PUD 5 PUD 6 PUD 8 PUD 7 PUD 9 PUD 17 £¤ ?A@ £¤ £¤ \]^ \]^ ?A@ ?A@ GWX GWX GWX ?A@ GWX ?A@ GWX GWX GWX Westwood HillsNature Center Cedar Manor School Minneapolis Golf Club Knollwood Mall Benilde-St.MargaretSchool Bass LakePreserve Wolfe Park MeadowbrookGolf Course Louisiana Oaks Park Aquila Park St. Louis ParkSenior High School St. Louis ParkMiddle School MethodistHospital JewishCommunity Center ShelardPark City Hall Dakota Park Peter HobartSchool KeystonePark Hannon Lake Victoria Lake Cobble CrestLake Westwood Lake LamplighterPond MeadowbrookLake South OakPond Twin Lake City of MinnetonkaCity of Plymouth City of Golden Valley City of Hopkins City of Edina City of MinneapolisTDM Zone ATDM Zone B Recreation Center Fire Station#2 Oak HillPark MunicipalService Center Park NicolletClinic Fire Station#1 PoliceStation MinnehahaCreek PUD 10 PUD 13 PUD 12 PUD 11 PUD 14 PUD 15 PUD 16 5 5 7 3 3 5 7 17 25 100 100 100 394 394 169 169 169 Official Zoning Map Effective: January 28, 2021 Prepared by the City of St. Louis Park Community Development Department Zoning Districts POS Park and Open Space R-1 Single-Family Residence R-2 Single-Family Residence R-3 Two-Family Residence R-4 Multiple-Family Residence R-C High-Density Multiple Family MX-1 Vertical Mixed-Use MX-2 Neighborhood Mixed-Use C-1 Neighborhood Commercial C-2 General Commercial BP Business Park O Office I-P Industrial Park I-G General Industrial PUD Planned Unit Development Floodplain FloodFringe Floodway Travel Demand Management Boundary ± 0 0.5 1 Miles PUD No. Ordinance No. 2471-15 2475-15 PUD-2 2483-15 2481-15 2502-16 PUD-4 2488-16 2489-16 2503-16 PUD-6 2501-16 2500-16 2517-17 PUD-8 2515-17 PUD-9 2518-17 PUD-10 2520-17 PUD-11 2531-18 PUD-12 2536-18 PUD-13 2538-18 PUD-14 2552-19 PUD-15 2582-20 PUD-16 2584-20 PUD-17 2588-20 PUD-1 PUD-3 PUD-5 PUD-7 City council meeting of February 16, 2021 (Item No. 8a) Title: First reading of ordinance pertaining to outdoor seating in the I-G general industrial zoning district Page 7