HomeMy WebLinkAbout2021/03/15 - ADMIN - Agenda Packets - City Council - RegularAGENDA
MARCH 15, 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.
Economic development authority (EDA) at 6:20 p.m.; Regular city council meeting at 6:30 p.m.
Following the special study session, some or all members of the St. Louis Park City Council will
participate in the March 15, 2021 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-4i
•952.562.2887 – item 8a – General Obligation Bonds, Series 2021A
•952.562.2888 – item 8b – Conversion therapy
•952.562.2886 – item 8c – Residential picketing ordinance
6:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY
1.Call to order
2.Roll call
3.Approval of minutes
3a. EDA meeting minutes of Feb. 16, 2021
4.Approval of agenda and items on EDA 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 agenda, or move items from consent calendar to regular agenda for discussion.)
4a. Adopt EDA Resolution consenting to the city’s proposed Lease Extension and temporary
Lease of EDA property at 7250 State Highway 7.
4b . A dopt EDA Resolution approving amendment to the cooperative construction
agreement with the Met Council for the SWLRT Beltline Blvd Station park and ride.
Meeting of March 15, 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 donations
2b. Retirement recognition for Jim Vaughan and Nancy Deno
3. Approval of minutes
3a. Study session meeting minutes of Jan. 25, 2021
3b. Special study session meeting minutes of Feb. 1, 2021
3c. Study session meeting minutes of Feb. 8, 2021
3d. Closed executive session minutes of Feb. 16, 2021
3e. Study session meeting minutes of Feb. 22, 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. A dopt Resolutions to recognize Jim Vaughan for his 33 years of service and Nancy Deno
for her 23 years of service.
4b . A pprove the second reading and adopt Ordinance amending Section 36-362(h) pertaining
to signs on rooftop equipment screening structures and approve the summary ordinance
for publication.
4c. Adopt Resolution authorizing the special assessment for the repair of the sewer service
line at 3762 Colorado Avenue South, St. Louis Park, MN. P.I.D. 16-117-21-33-0054.
4d . Adopt Resolution and approving vehicle towing and impounding agreement and
impound lot lease extension with Bobby & Steve’s Auto World Eden Prairie, LLC.
4e . Adopt Resolution approving issuance of a premises permit for lawful gambling to be
conducted by St. Louis Park Hockey Boosters at The Loop, 5331 West 16th Street.
4f . • Adopt Resolution approving the final plans and specifications and authorizing bidding
documents for the Beltline Blvd SWLRT pedestrian improvements (4022-2000).
• Adopt Resolution restricting parking on the project segments and side streets.
• Adopt Resolution approving agency agreement with MnDOT.
4g . Adopt Resolution approving acceptance of a $30 donation from Rebekah Foreman for
park enhancements or program needs at Westwood Hills Nature Center.
4h. Adopt Resolution approving labor agreement between the city and the police officer’s
employee bargaining group, establishing terms and conditions of employment for one
year, from Jan. 1, 2021 – Dec. 31, 2021.
4i . Accept for filing planning commission minutes of Jan. 20, 2021.
5. Boards and commissions -- None
6. Public hearings -- None
Meeting of March 15, 2021
City c ouncil agenda
7. Requests, petitions, and communications from the public – None
8. Resolutions, ordinances, motions and discussion items
8a. General Obligation Bonds, Series 2021A
Recommended action: Motion to adopt Resolution awarding the sale of Charter
General Obligation (G.O.) Bonds, Series 2021A.
8b . Conversion therapy
Recommended action: Motion to adopt Resolution opposing the practice of conversion
therapy and support for the State Legislature to ban the practice of conversion therapy
in the state of Minnesota.
8c . Targeted residential picketing
Recommended action: Motion to approve first reading of Ordinance amending Chapter
18, offenses and miscellaneous provisions, of the St. Louis Park City Code related to
targeted residential picketing, and set the second reading for March 22, 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 schedule. 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: March 15, 2021
Minutes: 3a
Unofficial minutes
EDA meeting
St. Louis Park, Minnesota
Feb. 16, 2021
1. Call to order
President Harris called the meeting to order at 6:45 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) Community Development Director (Ms.
Barton), City Attorney (Mr. Mattick), Senior Management Analyst (Ms. Solano), and Recording
Secretary (Ms. Pappas)
3. Approval of minutes
3a. EDA meeting minutes of Feb. 1, 2021
It was moved by Commissioner Kraft, seconded by Commissioner Dumalag, to approve
the EDA meeting minutes of Feb. 1, 2021 as presented.
The motion passed 7-0.
4. Approval of agenda and items on EDA consent calendar – none
5. Reports - none
6. Old business - none
7. New business
7a. Preliminary development agreement between the EDA and Wooddale Station
LLC. EDA Resolution No. 21-02
Ms. Barton presented the staff report.
Commissioner Dumalag asked about the timeline and when things need to happen for
the applicant, as well as site control of the adjacent property. Ms. Barton stated that is
required no later than July 31, 2021.
Economic development authority meeting of March 15, 2021 (Item No. 3a) Page 2
Title: EDA meeting minutes of February 16, 2021
Commissioner Dumalag asked if the timeline is late and there is no purchase agreement,
what would happen. Ms. Barton stated then a new date would be proposed, and the
EDA can either move forward or terminate the purchase agreement. She added this
would be at the sole discretion of the EDA.
Commissioner Dumalag asked if the city will move on to other applications from last
summer. Ms. Barton stated the city will either go with previous proposals or do new
RFP’s.
It was moved by Commissioner Dumalag, seconded by Commissioner Harris, to adopt
EDA Resolution No. 21-02, approving the preliminary development agreement between
the EAD and Wooddale Station LLC.
The motion passed 7-0.
8. Communications – none
9. Adjournment
The meeting adjourned at 6:52 p.m.
______________________________________ ______________________________________
Melissa Kennedy, secretary Tim Brausen, president
Meeting: Economic development authority
Meeting date: March 15, 2021
Consent agenda item: 4a
Executive summary
Title: Consent to city impound lot lease e xtension and lease of 7250 State Highway 7
Recommended action: Motion to adopt EDA Resolution consenting to the city’s proposed Lease
Extension and temporary Lease of EDA property at 7250 State Highway 7.
Policy consideration: Does the EDA consent to the proposed city extension of the impound lot
lease and temporary lease of EDA property located at 7250 State Highway 7?
Summary: The city’s current towing contractor (Bobby & Steve’s Auto World) leases 5100 Park
Glen Road from the city for use as the city’s impound lot. The lot surrounds the base of the city
water tower which is scheduled for maintenance and repainting this year. So as not to interfere
with that work, the impound lot must be temporarily vacated and relocated. The towing
contractor does not currently have capacity in another impound lot to accommodate the city’s
towed vehicles, nor would it be convenient for residents to travel long distances to retrieve a
towed vehicle. As a result, a temporary location needed to be found within St. Louis Park for such
use , the only viable and available property being one owned by the EDA at 7250 State Highway 7.
The current Vehicle Towing and Impounding Agreement between the city and the towing
contractor is proposed to be extended for an additional year. The agreement includes an
extension of the lease agreement for 5100 Park Glen Road and an allowance to temporarily
lease the EDA property at 7250 State Highway 7 until September 30, 2021 while work is
performed on the water tower. Under the lease extension, the towing contractor is responsible,
at its expense, for maintenance and upkeep of the EDA property, including installation of
fencing, lighting, and snowplowing. The tow contractor will be allowed to temporarily park a
trailer on the property for office usage. Once work on the water tower is completed (expected
by mid -September 2021) the towing contractor will be required to relocate the impound lot
back to its former location at 5100 Park Glen Road .
Under the city’s proposed Lease Agreement with the towing contractor, the EDA is being asked,
as the property owner, to consent to the temporary lease of 7250 State Highway 7. The EDA’s
legal counsel has reviewed the proposed Lease Agreement and Consent to Lease of EDA
Property and recommends its approval.
Financial or budget considerations: Under the Lease Extension, the towing contractor will incur
expenses related to the temporary installation of security fencing and rental of an office trailer
on the EDA property as well as other miscellaneous expenses. As a result, lease payments will
be suspended during the period the contractor occupies the EDA property and will resume once
the impound lot is relocated back to 5100 Park Glen Road .
Strategic priority consideration: Not applicable.
Supporting documents: EDA resolution
Lease extension (see corresponding city council staff report)
Prepared by: Greg Hunt, economic development coordinator
Reviewed by: Karen Barton, community development director
Approve d by: Tom Harmening, city manager, EDA executive director
Economic development authority meeting of March 15, 2021 (Item No. 4a) Page 2
Title: Consent to city impound lot lease extension and lease of 7250 State Highway 7
EDA Resolution No. 21-____
R esolution consenting to Impound Lot Lease Extension betwe en the
city of St. Louis Park and Bobby & Steve’s Auto World Eden Prairie LLC
Whereas, the Board of Commissioners (the “Board”) of the St. Louis Park Economic
Development Authority (the “Authority”) currently administers its Redevelopment Project No. 1
("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"), is authorized
to operate within the Project; and
Whereas, the City of St. Louis Park (“City”) and Bobby & Steve’s Auto World Eden Prairie
LLC (the “Provider”) entered into (i) a Lease Agreement dated as of March 28, 2018 (the “Lease ”),
regarding the lease of real property at 5100 Park Glen Road (“Water Tower Property”) for use as a
city impound lot, and (ii) a related Vehicle Towing and Impounding Agreement dated March 28,
2018 (the “Impounding Agreement”), and propose to enter into an extension of the Lease and
Impounding Agreement through March 31, 2022 (the “Extension”); and
Whereas, the Water Tower Property is scheduled to be temporarily unavailable for use
due to maintenance on the water tower during a portion of the term of the Extension, and
therefore the City and the Provider propose to temporarily relocate the impound lot on other
property within the City; and
Whereas, the Authority owns vacant property located at 7250 State Highway 7 within the
Project and the City (the “Authority Property”), which Authority Property has been proposed as
the temporary location of the Provider’s activities under the Extension ; and
Whereas, the City and Provider have requested that the Authority consent to the
Extension and to the temporary use of the Authority Property as provided in the Extension; and
Whereas, the Board finds that the services provided to the City under the Extension
constitute an essential service; and
Whereas, the Board has reviewed the Extension and the Landowner Consent (the
“Consent”) attached thereto, and finds that the approval and execution of the Consent are in the
best interest of the City and its residents.
Now, therefore, be it resolved by the Board of Commissioners of the St. Louis Park
Economic Development Authority as follows:
A.The Extension , including the Consent attached thereto, as presented to the Board is
hereby in all respects approved, subject to modifications that do not alter the substance of the
transaction and that are approved by the President and Executive Director, provided that
execution of the Consent by such officials shall be conclusive evidence of approval.
B.The President and Executive Director are hereby authorized to execute on behalf of
the Authority the Consent attached to the Extension.
Economic development authority meeting of March 15, 2021 (Item No. 4a) Page 3
Title: Consent to city impound lot lease extension and lease of 7250 State Highway 7
C. Authority staff and consultants are authorized to take any actions necessary to
carry out the intent of this resolution.
Reviewed for Administration: Adopted by the Economic Development
Authority March 15, 2021
Thomas K. Harmening, executive director Tim Brausen, president
Attest
Melissa Kennedy, secretary
Meeting: Economic development authority
Meeting date: March 15, 2021
Consent agenda item: 4b
Executive summary
Title: Amendment to agreement with M et Council for SWLRT Beltline Blvd Station park and ride
Recommended action: Motion to adopt EDA Resolution approving amendment to the
cooperative construction agreement with the Met Council for t he SWLRT Beltline Blvd Station
park and rid e.
Policy consideration: None. This is a minor amendment to a previously approved agreement
and has no additional financial or budgetary impacts on the city.
Summary: On Nov. 2, 2020 the EDA approved an agreement with the Metropolitan Council for
the SWLRT Beltline Blvd Station park and ride (staff report and resolution can be found here).
The amendment corrects and reduces the length of the portion of the trail the city w ill be
responsible to construct along CS AH 25. The city will construct the portion east from Beltline
Boulevard to the Monterey Avenue alignment versus to the Lynn Avenue alignment. This is a
minor amendment for clarification and has no additional financial or budgetary impacts on the
city .
The EDA’s legal counsel has reviewed the proposed amendment to the Construction Agreement
and recommends its approval.
Next steps: In 2021, the EDA w ill be ask ed to enter into a Purchase and Redevelopment
Contract with Beltline Development LLC (Sherman Associates) where the Redeveloper agrees to
construct, operate and maintain the park and ride facility on behalf of the EDA. This agreement
will require consent of the Met Council.
Financial or budget considerations: None at this time.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: EDA resolution
Amendment to agreement
Prepared by: Meg McMonigal, principal planner
Reviewed by: Karen Barton, community development director
Approved by: Tom Harmening, city manager
Economic development authority meeting of March 15, 2021 (Item No. 4b) Page 2
Title: Amendment to agreement with Met Council for SWLRT Beltline Blvd Station park and ride
St. Louis Park Economic Development Authority
E DA Resolution No. 21-____
Resolution approving amendment number one to cooperative construction
agreement between t he St. Louis Park Econ omic Development Authority and
the Metropolitan Council
Whereas, the St. Louis Park Economic Development Authority (the “Authority”) is currently
administering its Redevelopment Project No. 1 ("Project") pursuant to Minnesota Statutes,
Sections 469.001 to 469.047 ("HRA Act"), and is pursuing the establishment of a tax increment
financing district within the Project to finance a portion of the costs of expected mixed-use
development in connection with the planned Southwest Light Rail Transit (“SWLRT”) Beltline
Station; and
Whereas, the Authority, the City of St. Louis Park (the “City”), and Beltline Development
LLC (“Redeveloper”) have entered into a Preliminary Development Agreement dated as of
February 5, 2018, as amended, memorializing the parties’ preliminary agreements as to the
conveyance and redevelopment of certain Authority-owned property adjacent to the SWLRT
Beltline Station (the “Development”), as well as the redevelopment of certain other property
owned by the Redeveloper (the “Property”), in relevant part for the construction of a structured
parking facility (the “Ramp”) in which 268 parking stalls will be reserved for SWLRT park and ride
users, and 94 parking stalls will be for the use of other users of the Development; and
Whereas, the City previously submitted a Congestion Mitigation and Air Quality (“CM AQ”)
grant application to the Federal Transit Administration (“FTA”) to finance a portion of the costs of
construction of the Ramp, and FTA awarded a CMAQ grant in the amount of $6,453,054 (the
“Grant”) to be administered by the Metropolitan Council (“Met Council”) for the benefit of the
Authority as subrecipient of the Grant, and on October 21, 2019, the Authority adopted a
resolution approving a Subrecipient Agreement providing for disbursement of the Grant funds;
and
Whereas, Met Council and the Authority previously negotiated, approved, and executed a
Cooperative Construction Agreement (the “Agreement”), memorializing the terms, conditions, and
specifications for construction of the Ramp; and
Whereas, Met Council and the Authority have now proposed an A mendment Number One
to the Agreement (the “Amendment”) to clarify and revise certain agreed construction obligations
of each party, and Met Council has approved the Amendment in the form presented to the
Authority; and
Whereas, the Board of Commissioners finds that the approval and execution of the
Amendment and performance of the Authority's obligations thereunder are in the best interest of
the City and its residents.
Economic development authority meeting of March 15, 2021 (Item No. 4b) Page 3
Title: Amendment to agreement with Met Council for SWLRT Beltline Blvd Station park and ride
Now, therefore, be it resolved by the Board of Commissioners of the St. Louis Park
Economic Dev elopment Authority as follows:
A.The Amendment as presented to the Board is hereby in all respects approved,
subject to modifications that do not alter the substance of the transaction and that are approved
by the President and Executive Director, provided that execution of the Amendment by such
officials shall be conclusive evidence of approval.
B.The President and Executive Director are hereby authorized to execute on behalf of
the Authority the Amendment and any documents referenced therein requiring execution by the
Authority, and to carry out on behalf of the Authority its obligations thereunder.
C.Authority staff and consultants are authorized to take any actions necessary to
carry out the intent of this resolution.
Reviewed for Administration: Adopted by the Economic Development
Authority March 15, 2021
Thomas K. Harmening, executive director Tim Brausen , president
Attest:
Melissa Kennedy, secretary
Economic development authority meeting of March 15, 2021 (Item No. 4b) Page 4
Title: Amendment to agreement with Met Council for SWLRT Beltline Blvd Station park and ride
AMENDMENT NUMBER ONE
to
Metropolitan Council Contract No. 20I052
COOPERATIVE CONSTRUCTION AGREEMENT
Metropolitan Council, a public corporation and political subdivision of the State of
Minnesota (the “Council”), and St. Louis Park Economic Development Authority, a public body
corporate and politic and political subdivision of the State of Minnesota (“EDA ”) (the Council
and EDA are sometimes referred to individually as a “Party” and collectively as the “Parties”)
agree that the Cooperative Construction Agreement entered into effective Dec. 15, 2020 is
amended in the following particulars:
1.S ection 3.1.8 is deleted, and the following is inserted in its place:
“Trail along south side of CSAH 25 from Beltline Boulevard to Monterey Avenue S.;”
2.Section 3.2.8 is deleted, and the following is inserted in its place:
“Trail along south side of CSAH 25 from Beltline Boulevard to Monterey Avenue S.;”
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by
their duly authorized representatives on the dates indicated below. Furthermore, this
Amendment may be executed in counterparts, each of which shall be deemed to be an original,
but all of which, taken together, shall constitute one and the same agreement.
ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY
By: ________________________________
Its: president
Date: ______________________________
By: ________________________________
Its: executive director
Date: ______________________________
METROPOLITAN COUNCIL
By: _______________________________
Its: ____________________________
Date: _____________________________
Meeting: City council
Meeting date: March 15, 2021
Presentation: 2 a
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
Rebekah Foreman $30 Park enhancements or program needs at Westwood Hills
Nature Center
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: March 15, 2021
Presentation: 2b
Executive summary
Title: Retirement recognition for Jim Vaughan and Nancy Deno
Recommended action: Read resolutions and present plaques virtually to Jim and Nancy for
their years of service to the City of St. Louis Park.
Policy consideration: None at this time.
Summary: City policy states that employees who retire or resign in good standing with over 20
years of service will be presented with a resolution from the mayor, city manager and city
council.
Jim and Nancy will be in attendance virtually for the presentation at the beginning of the
meeting. The mayor is asked to read the resolutions for Jim and Nancy in recognition of their
years of service to the city.
Financial or budget considerations: Not applicable.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution s
Prepared by: Ali Timpone, HR manager
Approve d by: Tom Harmening, city manager
City council meeting of March 15, 2021 (Item No. 2b ) Page 2
Title: Retirement recognition for Jim Vaughan and Nancy Deno
Resolution No. 21-____
Resolution of the
City Council of the City of St. Louis Park, Minnesota
recognizing the contributions and expressing appreciation to
Natural Resources Coordinator James Vaughan
Whereas, Jim Vaughan began his employment with the City of St. Louis Park over 33
years ago on October 26, 1987; and
Whereas, Jim has had major responsibility for the beautification of our city by planting
over 20,000 trees, sending over 7,425 weed notices and planting thousands of annual and
perennial flowers; and
Whereas, Jim has proactively ensured the health and longevity of our city’s trees and other
natural resources by developing plans to deal with Emerald Ash Borer, Oak Wilt, Dutch Elm
Disease, pollinator gardens, bee friendly plantings and controlled burns of prairie grass; and
Whereas, Jim has represented the city by serving as President of the Minnesota Shade Tree
Advisory Committee, Minnesota Society of Arboriculture board, International Society of
Arboriculture (including speaking throughout the US and internationally); and
Whereas, Jim will be missed greatly, especially when he introduces himself as “Vaughan.
James Vaughan.”; and
Whereas, Jim will enjoy his retirement by spending time with his wife, Jane , and kids, Ian
and Tate , and traveling;
Now therefore be it resolved that the City Council of the City of St. Louis Park,
Minnesota, by this resolution and public record, would like to thank Jim Vaughan for his great
contributions and over 33 years of dedicated service to the City of St. Louis Park and wish him
the best in his retirement.
Reviewed for Administration: Adopted by the City Council March 15, 2021
Thomas K. Harme ning, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
City council meeting of March 15, 2021 (Item No. 2b ) Page 3
Title: Retirement recognition for Jim Vaughan and Nancy Deno
Resolution No. 21-____
Resolution of the
City Council of the City of St. Louis Park, Minnesota
recognizing the contributions and expressing appreciation to
Deputy City Manager/HR Director Nancy Deno
Whereas, Nancy Deno began her employ ment with the City of St. Louis Park nearly 23
years ago on May 27, 1998; and
Whereas, Nancy has demonstrated exceptional leadership skills, evidenced by her
ability to manage the human resources division first, then adding city clerk,
environment/sustainability, finance and assessing, and racial equity; and
Whereas, Nancy’s heart belongs to human resources and she’s excelled at working with
staff on employee relations issues, creating relationships with union groups to negotiate
bargaining agreements, and connecting and finding creative solutions to resolve issues; and
Whereas, Nancy is so well-respected among her peers and other cities she was
recognized as a finalist for the Women in City Government Leadership award in 2007; and
Whereas, Nancy has provided wisdom and guidance to hundreds of staff, co-workers,
city managers and council members and has inspired and motivated others to create change,
perform at their highest level and do the right thing; and
Whereas, Nancy has self lessly donated many hours of her time to local hospice centers
with her dog Emma to provide comfort to end of life patients; and
Whereas, Nancy will enjoy retirement as a St. Louis Park resident, floating at her cabin
in Wisconsin, swing dancing at local venues and most importantly enjoying time with her
grandson Owen and granddaughter due at the end of April;
Now therefore be it resolved that the City Council of the City of St. Louis Park,
Minnesota, by this resolution and public record, would like to thank Nancy Deno for her great
contributions and nearly 23 years of dedicated service to the City of St. Louis Park and wish her
the best in her retirement.
Reviewed for Administration: Adopted by the City Council March 15, 2021
Thomas K. Harme ning, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: March 15, 2021
Minutes: 3a
Unofficial minutes
City council study session
St. Louis Park, Minnesota
Jan. 25, 2021
The meeting convened at 6:30 p.m.
Councilmembers present: Tim Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, Nadia
Mohamed, and Mayor Pro Tem Margaret Rog
Councilmembers absent: Mayor Jake Spano
Staff present: City Manager (Mr. Harmening), Engineering Director (Ms. Heiser), Transportation
Engineer (Mr. Manibog), Senior Management Analyst (Ms. Solano), and Recording Secretary
(Ms. Pappas)
Guests: none
1. Citywide speed limit evaluation
Mayor Pro Tem Rog opened the meeting.
Mr. Manibog updated the council on the speed limit evaluation and the council discussed next
steps.
Councilmember Harris asked about light rail station areas within the city, adding she hoped
they will be hubs. She asked why the proposed speed limits in these areas are at 30 mph. Mr.
Manibog stated the study did consider light rail stations and they were prioritized. He stated
the 36th Street area has currently met the characteristic for a 30-mph road, but also pointed out
this street will be worked on in 2022, prior to light rail being added there. He noted the
Louisiana Ave station is on Oxford Ave and that is proposed for 25 mph.
Councilmember Harris stated she supports lowering speeds at all areas adjacent to the light rail
stations, adding since the city knows this will be coming, she would prefer the speed limits be
lowered now. She also asked if bikers must follow the same speed limits as vehicles. Mr.
Manibog stated yes, noting bikes are vehicles, required to follow posted speed limits, and
would have to abide by the same speed limits as motorized vehicles. He stated the police
enforce this currently and he would defer to them on how they do so.
Councilmember Harris stated there will need to be education on speed limits and a community
adoption, so enforcement does not fall to police only.
Councilmember Kraft asked what the goals are for this report. Mr. Manibog stated the
overarching goal of resetting speed limits is to increase safety of the city’s roadways by
decreasing speeds of vehicles.
City council meeting of March 15, 2021 (Item No. 3a) Page 2
Title: Study session minutes of January 25, 2021
Councilmember Kraft asked if staff has evidence form other communities that lowering speed
limits lowers speed travel. Mr. Manibog stated yes, adding it decreases the highest of the high
speeders which are the most dangerous travelers, noting also there is a higher chance of
survival in a lower speed crash.
Councilmember Kraft asked when evaluations from this are presented to council in the future,
is it expected the table of average speeds per street type will decrease. He asked what the key
benefits are and what the key result will be. Mr. Manibog stated seeing a decrease in speed on
the fastest of the fast and a decrease in speeds on the city’s busiest roads would be a key
result.
Councilmember Kraft asked what success will look like three years from now. Ms. Heiser stated
all staff can point to are the studies they have already reviewed. This points to what Mr.
Manibog stated and getting rid of outliers, the highest of the high speeders who go through
neighborhoods at high rates. She added most people are going 20-25 mph, and best practice
says to set limits to road and land use.
Councilmember Kraft stated when this comes back, he wants to see the data, how many
outliers there are, also the data on decreases in accidents and injury rates. He asked what
percentage of crashes are on city roads versus country roads and if the city can work with the
county on this initiative. Mr. Manibog stated overall county roads hold the largest number of
crashes and hold the most volume of traffic. He stated the city works with the county on this,
but state statutes do not allow the city to change speed limits on county roads.
Ms. Heiser added for county roads, the Commissioner of Transportation has the final authority
and jurisdiction on speed limits at this time.
Councilmember Kraft asked if there is any way to help with speed at intersections. Mr. Manibog
stated a citywide crash study did identify intersections where the most crashes happen and
ways to improve the safety of those areas. He added the citywide crash study will come back to
council later this year.
Councilmember Kraft added the analysis on race equity and traffic was well done and he
appreciated the use of targeted universalism framework.
Councilmember Mohamed stated this was a very well-thought-out report and she is very much
in favor of the recommended action. She does have concerns about higher speeds on streets
where there are more multi-family homes and BIPOC populations and asked what the city is
going to do to address that and what the city recommendations are. Mr. Manibog stated this is
being reviewed and prioritization of where people live both in multi and single-family housing
and the streets where they live is being reviewed.
Councilmember Mohamed asked about education and racial considerations and how
enforcement will be included in the education. Mr. Manibog stated this is being worked on now
and will include virtual and print media, the park alert system, newspaper, and handouts. After
COVID there will be more programs also including person-to-person outreach at city functions
and with neighborhood groups.
City council meeting of March 15, 2021 (Item No. 3a) Page 3
Title: Study session minutes of January 25, 2021
Councilmember Mohamed asked if the education will be happening with the BIPOC community
also. Mr. Manibog stated yes.
Councilmember Brausen stated he supports lowering speed limits across the city uniformly,
which will result in a reduced number of serious injuries and maybe burning of less fossil fuels
also, although there is no data. However, he has concerns about dropping the speed limit on
Cedar Lake Road which is a major city arterial east to west and currently is at 25 mph. He
pointed out this is the only arterial east-west through Ward 4, and during rush hour speeds are
reduced to 20 mph. He added non-rush hour traffic seems to move along fine there with no
major crashes and given the volume of vehicles there, he does not think 25 mph is practical. He
stated folks have an expectation to move through there and there are sidewalks on the north
side most of the way, as well as bike lanes. He also noted Cedar Lake Road will be enhanced as
and he is uncomfortable telling residents they cannot go more than 25 mph anywhere in Ward
4 now, except near the West End.
Councilmember Dumalag stated she liked the comprehensive report and the visual
representation where incidents happen. She asked if there is any more data on that with both
pedestrians and vehicles, and if they both live in the area, as well as the race between parties.
She stated she is asking this because she is interested in how the city would educate on this and
spend wisely on targeted events. She stated she is supportive of this for vehicle, pedestrians,
and bikes.
Councilmember Kraft asked what staff will do with the feedback on this. Ms. Heiser stated staff
is still getting feedback and there is a lot of criteria left to review, along with data points.
Mr. Harmening stated the council seems to have general support for staff’s approach on this
and he would like to treat comments from the council the same as feedback from residents in
the community and compile this. He stated in the end the council will decide what is adopted
through the ordinance.
Mayor Pro Tem Rog stated she is supportive of the plan. She asked several questions related to
Ward 1, specifically why 23rd through 27th Streets are set for 25 mph instead of 20, which is
different from the rest of Utica. Mr. Manibog stated the existing pedestrian infrastructure and
the trail there includes multi-family apartment complexes, adding this area holds more traffic
and would allow for 25 mph, when compared to other areas.
Mayor Pro Tem Rog stated there are many NOAH family housing units there and this warrants a
lower speed limit. She also pointed out there are many children waiting for school buses there,
along with the Utica Trail, which is often quite icy, and she would like to see the speeds as low
as possible. She also pointed out the frontage road under the freeway and that the two
pedestrian crossings there already pose a risk, stating this is another reason for lower speed
limits. She noted there are many driveways and apartments and crossings, along with speeding
on that stretch at Utica, adding she prefers lower speeds there, as well as slowing folks down as
they enter the Birchwood area.
City council meeting of March 15, 2021 (Item No. 3a) Page 4
Title: Study session minutes of January 25, 2021
Mayor Pro Tem Rog noted Walker Street, between West Lake and Louisiana Avenue and asked
about 25 mph there. Mr. Manibog stated each segment was compared to the overall criteria as
were the others.
Mayor Pro Tem Rog requested staff look at that area to be 20 versus 25 mph. She pointed out
that Perspectives is there as well as many families in that area, including The Block, which
makes the area very busy.
Mayor Pro Tem Rog asked why the frontage road between Parkwoods and Highway 100
entrance is 35 mph.
Mr. Manibog pointed to the national guidance with urban roads, noting it should not be posted
higher than 35 mph. He added there is no pedestrian access in this area up to the bridge and
railroad which allows for the higher speed there, allowing vehicles to go through.
Mayor Pro Tem Rog noted her concerns for lower speeds on Utica Avenue because of the
temple’s presence there along with the bridge.
It was the consensus of the council that staff review council’s comments and bring this back
again for review.
2. Boards and commissions
Ms. Solano reviewed the processes of recruitment, application, and scoring by council of
applicants. She stated the annual meeting for boards and commissions has been rescheduled
pending COVID-19 and the annual work plans presentations to council are set for April – May
2021.
Councilmember Harris asked about term limits for board and commission members. Ms. Solano
stated it is up to the council what they prefer with term limits. She added staff can check into
this further and bring back information to the council. However, this year is probably too late to
make a change related to term limits.
Councilmember Harris asked if the boards and commissions chairs would be involved in the
interview panels like last year. Ms. Solano stated yes, noting their knowledge and experience
were appreciated and if a current chair is an applicant, then the vice chair will sit on the panel.
Councilmember Harris noted Mayor Spano’s work on recruitment of people of color for boards
and commissions, which led to 2-3 appointments. She acknowledged Mayor Spano for this
work.
Ms. Solano suggested council continue to share the opportunity with folks and staff will share
also with neighborhood associations and work on getting a higher number of BIPOC applicants.
Councilmember Kraft suggested if chairs mention they are recruiting someone, they should be
added to the list to be interviewed. He wants the rating system this year to be very clear to
council before the process begins, so it will not be debated afterwards.
City council meeting of March 15, 2021 (Item No. 3a) Page 5
Title: Study session minutes of January 25, 2021
Councilmember Kraft asked about race equity on boards and commissions and asked staff to
come back to council with what percentage of the city’s BIPOC community is represented on
boards and commissions, with advice as to why and then actions that should be taken.
Councilmember Kraft stated he feels quite disconnected from commissions, adding the org
chart shows that they report to the council, but the council is not giving boards and
commissions direction on what council wants them to work on. He would like to consider a
different approach and give them directions before work plans are presented or have liaisons
from council to the boards and commissions to leverage in a more significant way.
Councilmember Dumalag stated she is interested in term limits, adding it is a good way to add
new energy on boards and commissions, while noting there is some benefit to having
institutional knowledge as well. She asked if there is a way to tell council the number of
applications that come in during the process, and then council can encourage folks to apply so
there are not too many vacancies.
Councilmember Brausen stated he is supportive of this process. He stated the scoring process
needs to be simplified, noting, however, the scoring from 1-5 is subjective. He stated
simplifying the process might mean to not interview since that process gets long. He stated he
has promoted term limits in the past but noted institutional knowledge from some folks is
valuable to keep on commissions. He did want to also reflect the vision of the community in
putting new folks on several commissions.
Councilmember Mohamed stated last year’s process was smooth, while it did take a long time
for the interviews, but all in all, it went well.
Mayor Pro Tem Rog asked what kind of research would staff need to do related to term limits.
Ms. Solano stated this would be looking into term limits further so as not to have any
unintended consequences. She added staff would look at what other cities do just to be sure
that in doing an ordinance change, the city would follow the right process.
Mayor Pro Tem Rog asked if the time board and commission meetings are held is possibly
exclusive for some folks and she asked what staff found out about this. Ms. Solano stated that
Mx. Sojourner and their team have looked into this and found that doing virtual meetings has
added options for many folks, as long as the meetings are compliant with open meeting laws.
She stated staff will continue to look into this and find more ways to improve in this area.
Mayor Pro Tem Rog liked the idea of a liaison from council to boards and commissions and
agreed there is a disconnect in the ratings system. She agreed with Councilmember Brausen
about interviews, but also preferred staying with the 1-5 rating system for now.
Councilmember Kraft asked if the council should discuss race equity now or later. Ms. Solano
stated this can be discussed further with Mx. Sojourner at a later date.
City council meeting of March 15, 2021 (Item No. 3a) Page 6
Title: Study session minutes of January 25, 2021
Councilmember Brausen pointed out when liaisons were looked at in the past, there was a
concern about bandwidth for the council and also how a councilmember might influence the
direction of a commission or board and have an undue influence over their process.
Councilmember Kraft stated he would like to discuss this further and more in-depth at a future
study session.
Mayor Pro Tem Rog stated this seems like an evolving process that is improving, and staff
continues to be responsive to council on this. She stated part of the onus is on council to come
prepared to discuss this but added the process will most likely not change this year.
Ms. Solano stated the council will review work plans in April and May, and recommended to let
the process play out, and then see if the council wants to make changes. She stated staff is
open to making changes and then figure out what areas need to improve and focus there.
Councilmember Harris stated the commissions advisory role could be improved and she would
like to see an engagement plan and response to public input during the processes. She added
she would like to see how board and commission input fits into the resident engagement
process so we can better utilize their subject matter expertise.
3. Tentative 2021 study session calendar
Ms. Solano presented the tentative study session calendar for 2021. Ms. Solano stated there
will be additional items such as redistricting this year and that item will take up some time on
the calendar in 2021.
Councilmember Kraft asked about holding a council retreat this year. Ms. Solano stated that a
retreat has not been scheduled this year. Staff is working to incorporate some items into
regular study sessions while waiting on COVID gathering guidelines to improve in the coming
months.
Mr. Harmening stated a virtual meeting can be done on norms and teams, but it is more
challenging to have authentic conversations in a virtual setting. He added staff could put
together an in-person retreat following COVID precautions.
Councilmember Harris stated she would prefer in-person and possibly at the Nature Center.
Councilmember Kraft preferred in-person also, and possibly on a Saturday or Sunday for a
couple hours.
Councilmember Mohamed agreed about in-person also while following COVID regulations.
Councilmember Dumalag agreed about in-person but thought it would be better scheduled
during quarter 2.
Councilmember Brausen agreed adding a retreat could be held outdoors in June or July as well.
City council meeting of March 15, 2021 (Item No. 3a) Page 7
Title: Study session minutes of January 25, 2021
Councilmember Harris added she also prefers June or July at the earliest and hopes that all
would have received the vaccine before the council meets in person.
Mayor Pro Tem Rog stated this is not the year to come together in person for a COVID-safe
event and she would hope to resume the retreat next year, stating she is not in favor of
meeting in person.
Councilmember Brausen stated he is in favor of sending out a survey on the 2021 study session
list again also.
Ms. Solano stated a survey for prioritization of 2021 items is due and it gives staff guidance. She
stated staff will explore the retreat, adding if anything is done in person, it will be later in 2021,
and will be safe. She said staff will come back with recommendations.
4. Future study session agenda planning and prioritization
Councilmember Brausen stated he is interested in discussing the 3-bedroom affordable
apartment units at a future study session, as proposed by Mayor Pro Tem Rog.
Mayor Pro Tem Rog stated the city does not need more affordable studio and one-bedroom
affordable units, so this would be discussing a separate category.
Councilmember Harris agreed and added she has heard from residents and parents on the
school board that housing for families is needed so children can go to school in St. Louis Park.
She stated there is a gap in our housing stock for other than single-family and she would like to
also discuss affordable family housing and filling that gap.
Councilmember Dumalag agreed and is also in favor of reviewing this policy, adding it would be
beneficial to families the school district loses.
Councilmember Kraft stated he would appreciate a discussion on this also as he does not
understand the issue that well.
Communications/meeting check-in (verbal)
Mr. Harmening promoted the 21-day race equity challenge with more information on the city
website.
Written reports discussion:
Councilmember Harris asked about the results of the CTAC survey report. Mr. Harmening stated
this was done quite some time ago. Mayor Pro Tem Rog stated on page 8 of the CTAC report
related to security and surveillance, this is an area of concern to pay attention to.
Mayor Pro Tem Rog asked when the housing report would be discussed. Mr. Harmening stated
there would be an in-depth report on Feb. 8.
City council meeting of March 15, 2021 (Item No. 3a) Page 8
Title: Study session minutes of January 25, 2021
Councilmember Brausen asked if the topic of 3-bedroom affordable apartments could be added
to the housing discussion. Mr. Harmening stated he will ask if staff can add this.
Councilmember Harris asked if the topic of private development doing NOAH with a 20-year
deed restriction could also be added to the housing discussion.
Mayor Pro Tem Rog added that tenant protection ordinance data and how effective that has
been would also be of interest in the housing discussion.
Councilmember Kraft stated he would like to discuss home ownership, as well as CTAC with
problems and solutions. He added he would like a sustainability update, and noted with the
intercity challenge, St. Louis Park came in with the most participants on a per capita basis at
double the number of participants.
The meeting adjourned at 9:07 p.m.
Written Reports provided and documented for recording purposes only:
5. Community technology advisory commission smart cities initiative
6. 2021 housing program and budget summary
7. Sustainability division update for Q1 2021
8. Fourth quarter investment report (Oct – Dec 2020)
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: March 15, 2021
Minutes: 3b
Unofficial minutes
City council special study session
St. Louis Park, Minnesota
Feb. 1, 2021
The meeting convened at 5:45 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), City Attorney (Mr. Mattick), Director of
Community Development (Ms. Barton), Principal Planner (Ms. McMonigal), Senior Engineering
Project Manager (Mr. Sullivan), Senior Planner (Ms. Monson), Senior Management Analyst (Ms.
Solano), and Recording Secretary (Ms. Pappas)
Guests: Emily Tranter, city lobbyist
1. Update on federal legislative issues and opportunities
Ms. Tranter, city lobbyist in Washington, DC, updated the council on legislative issues and
opportunities. She noted there are opportunities now for local governments, especially now
that the house and senate are 50-50 with VP Harris breaking any ties. She added, however, this
is a slim margin and not filibuster proof. Ms. Tranter added there will be two years of
opportunities and then things will turn again to the 2022 election. She noted this will be the
first time in a long time that cities will be asking for things rather than defending cuts to
housing or grants.
Ms. Tranter stated the stimulus bill will be a $1.9 trillion bill with $350 billion going to cities.
There is also a $15 federal minimum wage proposal and robust unemployment through the end
of 2021. Additionally, there will be more funding for COVID relief and vaccination distribution,
plus immediate relief for HUD programs. She stated President Biden wants bipartisanship and
compromise, adding the back-up plan is to pass this all through budget reconciliation. She
stated the local aid piece of this bill has been lobbied hard and she is very optimistic on local
dollars coming through.
Ms. Tranter also noted there will be a long-term relief bill for infrastructure projects and bigger
highway projects. She suggested the city start an inventory or register of items so they are
ready to go when funding becomes available and noted this will be much more flexible than the
CARES dollars and will help stimulate the economy with infrastructure type projects.
Ms. Tranter added there will also be earmarks with congressionally directed spending and
designated funding out of each appropriated bill. This would allow opportunities for more
projects in the future also. Ms. Tranter noted the city’s priorities of racial equity and
City council meeting of March 15, 2021 (Item No. 3b) Page 2
Title: Special study session minutes of February 1, 2021
sustainability are both especially important to the Biden administration, which will be beneficial
to the city.
Mayor Spano asked if there are any plans for funding for transportation and light rail. Ms.
Tranter stated this is being reviewed now and more information will be forthcoming.
Councilmember Kraft asked if the Biden administration will invest $2 trillion over 4 years on
recovery and with a focus on energy and climate change as the platform noted. Ms. Tranter
stated yes, the administration’s platform is all about sustainability, clean energy, and equity.
Councilmember Harris stated this is an exciting time, noting the priorities of the city fit well
with what the Biden Administration is focusing on. She asked for more details on how the city
would be invited to the table to discuss issues with the administration.
Ms. Tranter stated this administration is more proactive in hearing from cities and their
priorities of equity and sustainability. She added the city should be proactive and meet with the
right folks to show what the city is working on. She stated the city might be a pilot project, and
more collaboration might come on environment through the MN senate office or the US
conference of mayors. She added this is a great time for the city to present opportunities that
highlight the city, and the administration should be aware of what St. Louis Park is working on.
Councilmember Harris asked about HUD and the potential for earmark. She wondered if
affordable family housing could be a project included in the infrastructure stimulus bill of the
administration. Ms. Tranter stated yes, this would fit in.
Councilmember Rog asked staff if the city is in a good position on projects that are ready to be
presented to the administration if the opportunity arises. Mr. Harmening stated staff is working
on this list now and is ready to go, noting some of these projects might include solar for the Rec
Center, community solar gardens, radio towers and infrastructure project.
Councilmember Rog asked if infrastructure projects include transportation, roads, and bridges.
Mr. Harmening stated yes, this would all be part of it, as well as projects such as Minnetonka
Blvd. Ms. Tranter confirmed roads and bridges will be part of this.
Councilmember Brausen stated the city’s climate action plan will cost an additional $2 million
per year to incentivize residents and businesses to work on this. He appreciated Ms. Tranter’s
efforts on helping to gain funding for the city on this.
Councilmember Dumalag stated she is interested in affordable housing and NOAH and is
concerned about HUD and not increasing rents.
Mayor Spano stated it is refreshing the focus of this administration is on race and equity. He
added he hopes both large and small cities will be included in the funding packages as all will
need help.
City council meeting of March 15, 2021 (Item No. 3b) Page 3
Title: Special study session minutes of February 1, 2021
Councilmember Mohamed added she is also happy this administration is focused on equity and
noted there is so much diversity within the administration’s department heads and she loves
seeing that.
The meeting adjourned at 6:26 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: March 15, 2021
Minutes: 3c
Unofficial minutes
City council study session
St. Louis Park, Minnesota
Feb. 8, 2021
The meeting convened at 6:00 p.m.
Councilmembers present: Mayor Jake Spano, Tim Brausen, Lynette Dumalag, Rachel Harris,
Larry Kraft, Nadia Mohamed
Councilmembers absent: Margaret Rog
Staff present: City Manager (Mr. Harmening) Deputy City Manager/Human Resources Director
(Ms. Deno), Director of Community Development (Ms. Barton), HR Manager (Ms. Timpone),
Housing Supervisor/Deputy Community Development Director (Ms. Schnitker), Assistant
Housing Supervisor (Ms. Olson), Planning and Zoning Supervisor (Mr. Walther), Assistant Zoning
Administrator (Mr. Morrison) Senior Management Analyst (Ms. Solano), and Recording
Secretary (Ms. Pappas)
Guests: none
1.City manager recruitment discussion
Mayor Spano announced the upcoming departure of city manager Mr. Harmening. He thanked
him for all his work over the past 25 years, stating he will be sorry to see him go.
Councilmember Brausen stated this is a loss for the city but thanked Mr. Harmening for his
efforts and stated the city is a better place because of his work.
Councilmember Mohamed stated Mr. Harmening is the council’s compass and she cannot
imagine working without him in St. Louis Park. She added the person to be hired will carry the
baton and she is sad to see Mr. Harmening go.
Councilmember Kraft stated both Mr. Harmening and Ms. Deno have been fantastic with calm,
wise leadership which has been invaluable. He added the strong foundation the team has built
here is something that can be built on. He is saddened by their departures, but also very excited
about the position the city is in to go forward, and he thanked them both.
Councilmember Harris stated a few years ago Mr. Harmening won the statewide city manager
award, acknowledged by his peers. She added she knows he cares deeply for the city and the
staff and added his commitment and choice to depart now are both evidence of his confidence
in the city at this time. She added Ms. Deno leaving shortly before is indicative of the staff’s
confidence in the city. She thanked Mr. Harmening for his kind-hearted leadership and
commitment to see the best in those around him.
Page 2 City council meeting of March 15, 2021 (Item No. 3c)
Title: Study session minutes of February 8, 2021
Councilmember Dumalag stated she is grateful for Mr. Harmening’s being available to her at
short notice. She added as a resident she is grateful for his leadership and the confidence he
has with staff leadership will help with a gentle handoff. She thanked Mr. Harmening for his
leadership and looks forward to hearing about all the things he will do.
Mayor Spano added he always felt Ms. Deno and Mr. Harmening were two sides of the same
coin and he thanked her also for her leadership, and her work for many years on contract
negotiations and having those tough conversations with professionalism.
Both Mr. Harmening and Ms. Deno thanked the council for their comments.
Ms. Deno stated there will be big shoes to fill with Mr. Harmening’s departure. She added that
Ms. Timpone, HR Manager, will oversee the recruiting process and has experience with hiring
both the police and fire chiefs of St. Louis Park.
Ms. Timpone outlined the city manager recruitment process for the council. She stated a
consultant will lead the process and work closely with herself and council on this process. Ms.
Timpone also noted several consultants the city has worked with in the past noting that staff
will approach them for proposals.
Mayor Spano stated he is interested in both an internal and external search, and added he is
not familiar with the consultants presented, although he is interested in hiring a consultant.
He asked what the process is for hiring the consultant and the impact, adding he would like to
know more about the consultants before moving forward. Ms. Deno stated the plan is that staff
will reach out to the three consultants presented, adding that staff will also get proposals from
other consultants.
Councilmember Kraft asked about the process with hiring consultants. Ms. Deno stated an RFP
will be developed and posted on the city website.
Councilmember Kraft asked if all three consultants have city manager hiring experience. Ms.
Deno stated they do.
Councilmember Kraft asked what staff is looking for in a consultant. Ms. Timpone stated she
wants someone who the council trusts, who listens to council, and has all the technology
available to handle pandemic recruiting.
Councilmember Kraft asked how the process will work. Ms. Timpone stated we will solicit for
proposals first and then have them in for presentation if warranted.
Councilmember Kraft agreed on the hiring of a consultant as this is the most important decision
the council will make, and he would also prefer an external search as well as internal.
Mayor Spano asked that Mr. Harmening stay until August 1 so there is overlap between him
and the new city manager.
Page 3 City council meeting of March 15, 2021 (Item No. 3c)
Title: Study session minutes of February 8, 2021
Councilmember Kraft agreed and asked if an external search would be only done in Minnesota.
Ms. Timpone stated it will most likely be a national search.
Councilmember Harris asked about being patient on the front end. Ms. Deno stated this means
the council does not need to figure this all out tonight and only needs to be able to move
forward with the consultant search at this point.
Councilmember Harris stated she is in favor of external and internal search, and a nationwide
search could generate some innovation as well. She is open to a broader search adding the
consultant can help here.
Councilmember Harris asked how the priorities of the city will be relayed to the recruitment
process. Ms. Timpone stated staff will build this into the position profile and will tell the story
both to the consultants and the candidates about the city’s values.
Councilmember Harris asked if there is anything in place related to a salary cap, and if it is only
at the city manager level or trickles down. Ms. Timpone stated there is a waiver in place. Ms.
Deno added it is exclusive to the city manager position.
Councilmember Harris stated she agrees with the timeline. She asked what advice staff can give
to council on this process. Ms. Deno stated there will be some homework sent to the council to
work on and Ms. Timpone will assist on this with the consultant.
Councilmember Harris stated she is aware of the capacity of the consultants and it is fine to
reach out to those three. She would like a chance to weigh in on the consultant choice.
Councilmember Mohamed asked if the council will work on the job description. Ms. Timpone
stated council will work on the profile for the job, and a job description does already exist for
the city manager position.
Councilmember Mohamed stated she would definitely like Mr. Harmening to stay until August
1, is also interested in both an internal and external search and would like to see a diverse pool
of candidates.
Mayor Spano asked if the consultants can be told to bring in a certain percentage of diverse
candidates. Ms. Deno stated this can be done with strategic direction but cannot be done by a
quota as it may reflect reverse discrimination.
Councilmember Dumalag stated she is in favor of the three or more consultant, prefers the
external and internal candidates, and asked about process and open meeting laws. Ms.
Timpone stated the consultant would be asked to gather feedback from leadership within the
city.
Councilmember Brausen stated the discernment process is crucial at the beginning and he
appreciates the timeline as well. He would not want to do anything to threaten the work
culture of responsibility and responsiveness to the city. He stated he is concerned with too
many changes to the system at the top and does not want to jeopardize the strong
Page 4 City council meeting of March 15, 2021 (Item No. 3c)
Title: Study session minutes of February 8, 2021
administration of the city. He stated the city has a system that works well, and he agrees with
the consultants’ process, adding he would like to see an internal search first, before going
external or national. He stated the worst thing would be to make a bad hire and he hopes to
work with the consultant closely to make a good decision.
Mayor Spano stated this will be the most important decision the council will ever make because
this will determine the direction of the city as it moves forward.
2.2021 housing program and budget summary
Ms. Schnitker presented the report to the council.
Mayor Spano asked what neighboring cities are doing with housing currently. Ms. Schnitker
stated some cities are doing things, others are not. She noted Bloomington, Richfield, Brooklyn
Park, and Minnetonka have housing programming, but St. Louis Park does much more
comprehensive programming than those cities.
Mayor Spano stated that is disappointing to hear especially since for many years regional
affordable housing issues and policy have been discussed. He stated inclusionary affordable
housing works and when he talks to colleagues, he does not hear them talking about
affordability and he is proud St. Louis Park does work on this, adding there is still more to do.
Mayor Spano asked if the revised 4d program is already offered to builders. Ms. Schnitker
stated applications must be received by the end of February, but noted no new owner has
applied, although there is still time.
Mayor Spano stated he also wants to be sure staff keeps track of income guidelines for home
improvements. Ms. Olson stated this can help meet the needs of a household and can be for a
small addition to make a house function better.
Councilmember Harris stated of the new initiatives she is pleased with the NOAH rental family
trust preservation and is glad to see this is a priority in the community. She asked how the land
trust is different than the 4D Tax program. Ms. Schnitker stated the 4D Tax program provides
for a small financial incentive for a property and makes the property eligible to apply for the
state 4d tax program for a 40% tax savings. For a land trust property, it would be similar to a
land trust for a single-family home. The owner would buy the building and manage the renters,
and the city would own the land.
Councilmember Harris stated she is familiar with the Rondo Land Trust in St. Paul and the
model does make affordable housing more accessible. She added the Minnetonka Boulevard
land trust is an exciting project as well for multi-family housing.
Councilmember Harris stated some programs are not overly utilized. She asked if there has
been a survey of potential uses to find out what homeowners would find value in. Ms. Schnitker
stated they have worked with developers but with market uncertainties it can be difficult for
developers to commit. Ms. Schnitker stated staff does a yearly report that shows how much the
Page 5 City council meeting of March 15, 2021 (Item No. 3c)
Title: Study session minutes of February 8, 2021
community uses these programs. She added staff work to try to meet the community’s needs,
but the programs must have a financial incentive for folks to want to participate in them.
Councilmember Harris asked if there are any programs that require renters to live in a property
for 6 months of the year. Ms. Schnitker stated, in general no, but the rental subsidy programs
are not available to residents if they do not reside in the unit. In order to get the rental
assistance, they need to reside in the unit.
Councilmember Kraft stated there are a lot of programs here but is it too much or can we
consider administering more programming utilizing city staff. Ms. Schnitker stated yes, but staff
capacity is maximized, and we will need to consider adding more staff next year.
Councilmember Kraft asked how the programs are doing. Ms. Schnitker stated they are going
well, we are able to try new things; however, not all programs are utilized. She added
fortunately St. Louis Park is a desirable place to live, and the city is doing extremely well in
creating affordable housing. She noted the city has increased affordable rental subsidies also
which is significant.
Ms. Olson added each year they evaluate how the programs are working, look at performance,
and then adjust and present a different program that would be more beneficial.
Councilmember Kraft stated he is very interested in being strategic in this area. He referenced
the chart in appendix C and stated he would expect the money invested would be targeted
better, and goals reviewed.
Councilmember Kraft asked if on the 4D program, has the city learned anything here from
Minneapolis and their success. Ms. Schnitker stated St. Louis Park is offering a higher financial
incentive on the front end, but Minneapolis has more rental units than St. Louis Park. She
added the programs are almost identical. She stated she does not see a big incentive for market
rate owners and developers seem to have a fear about what will happen with the market.
Councilmember Kraft asked if it is worth considering stripping out the upper affordability levels
of the inclusionary housing policy. Ms. Schnitker stated possibly, but it has not been considered
yet; they would need to look at what the impact would be.
Ms. Barton added the city will continue to encourage builders to address affordability where
the need is and then target public financing into those areas, without having to change the
policy, since it is discretionary.
Councilmember Brausen noted the city relies on federal programs for folks that need the deep
subsidies, while the market forces continue to drive up the cost of housing. He continued he
has worked on affordable housing for many years and noted city staff has always been open to
trying new programs. He added this is a region-wide problem and he appreciates the city doing
their best on this, while balancing other needs including climate change costs.
Page 6 City council meeting of March 15, 2021 (Item No. 3c)
Title: Study session minutes of February 8, 2021
Councilmember Brausen asked if these types of programs can be funded by legislative
programs to fund housing trust funds. Ms. Barton stated the HRA levy could be used for the
trust fund and could be utilized in the future to fund other programs.
Councilmember Dumalag noted projects with 30% AMI are mostly 100% affordable. She asked
if we would attract mostly tax credit developers. Ms. Barton stated that is a common way, but
with the inclusionary housing policy and the trust fund, we can provide financial incentives to
developers on projects.
Councilmember Dumalag asked from appendix C if there is information on bedrooms. Ms.
Schnitker stated there is no breakdown on bedrooms, but this is data that can be accessed.
Councilmember Dumalag asked about the wait list for public housing programs. Ms. Schnitker
stated the length of public housing wait lists depends on how long someone stays in the
program and is determined by turnover and how they are able to access programs.
Councilmember Dumalag noted the legacy program and asked if it is working for NOAH
housing. Ms. Schnitker stated she is not sure it is working since we have not had any inquiries, it
may appeal mostly to owners of small buildings.
Councilmember Mohamed asked if people in the 60-80% range of AMI can apply for the new
homeownership programs. Ms. Schnitker stated they hope to work with agencies that help
potential homebuyers attain homeownership and offer a second mortgage that also meets the
lowest income possible. She added staff has more work to do on this.
Councilmember Mohamed asked about the NOAH rental land trust program and how the
partnership would work. Ms. Schnitker stated the owner would own the building and the city
owns the land.
Councilmember Mohamed asked how 30% AMI would get more housing units, when
sometimes they are left out. Ms. Schnitker stated federal funding is one way, and the
affordable housing trust fund might be a resource for developers willing to do deeper subsidies.
She stated it will take financial resources. Ms. Barton stated to get to 30% AMI it is a lot of
subsidies, and local dollars will be needed to make that happen.
3.Home-based businesses
Mayor Spano asked about form-based codes. Mr. Morrison stated form-based codes are more
about the building form and less about the uses. He added it is used in more of the mixed-use
areas versus residential areas. He stated our draft ordinance still regulates some uses.
Councilmember Brausen stated he likes the proposed draft ordinance. He stated the 25% rule
seems reasonable. He noted the criteria is changing a bit since many are home officing now, but
he stated the draft ordinance seems reasonable. Councilmember Brausen noted registering a
home business with the city makes sense and it would be useful for database purposes and a
minimal fee would be appropriate. He noted having no more than one employee and added it
Page 7 City council meeting of March 15, 2021 (Item No. 3c)
Title: Study session minutes of February 8, 2021
would be hard for the city to monitor. He stated the draft ordinance works well and he supports
it.
Mayor Spano stated much of the home-based business data is listed at the state offices.
Councilmember Harris stated she has a purist approach with home-based businesses and ADU’s
and appreciates the topics being separated by staff. She has been working with several
residents on home businesses in the neighborhood that had staff coming and going, that are
not presently legal but could be, adding this has caused some issues for the neighborhood.
Councilmember Harris stated she is quite cautious in allowing home businesses in ADU’s and
allowing non-occupants to work out of that space. She appreciates the intent of
entrepreneurialism but feels co-working spaces in the community are more appropriate in
neighborhoods versus in ADU’s. She added she does not want to see wide-scale confusion and
disruption in neighborhoods for home-based businesses and therefore does not support home
businesses in neighborhoods.
Councilmember Kraft stated the example Councilmember Harris noted would not be allowable,
even if the ordinance is adopted. Councilmember Harris agreed.
Mr. Morrison stated this business is being operated out of a garage, and a person that lives in
the home, works for the company as well. He noted there is a provision in the ordinance that
addresses the issue of dropping off supplies and using the space as a warehouse. However, he
noted, there is still the problem of enforcement and in this specific situation it would not
compliant.
Councilmember Kraft asked how violations would be enforced and how would it be harder or
easier to enforce. Mr. Morrison stated the first violation is treated as education, so no citation
is issued. We also don’t contact the homeowner unless the violation is witnessed by staff.
Councilmember Kraft asked if this ordinance would make staff’s job harder. Mr. Morrison
stated yes, it runs the risk of requiring more staff time.
Councilmember Kraft stated he is generally cautiously supportive of this ordinance and
encourages strong education to instruct what is allowable and what is not, adding it must be
enforceable.
Councilmember Mohamed stated she agrees with Councilmember Kraft and supports the spirit
of this ordinance. She added outside of COVID she would be okay with more than one person as
staff of the home business.
Councilmember Dumalag asked if this issue was due to traffic coming and going. Mr. Walther
stated the issue of most concern is the expansion of this into accessory buildings and garages.
Mr. Walther added the most complaints staff receives are with businesses in garages.
Page 8 City council meeting of March 15, 2021 (Item No. 3c)
Title: Study session minutes of February 8, 2021
Councilmember Mohamed noted garage sales and asked if they would fall under this ordinance.
Mr. Morrison stated this would not fall under the ordinance and added garage sales are
allowed for no more than 3 days at a time, and only two events in one year.
Councilmember Kraft asked if this ordinance is getting too far in front of the community. Mr.
Walther stated the change to allow home businesses in accessory buildings like garages, is a big
change, and nuisance complaints will increase in this example.
Councilmember Harris wanted to clarify this ordinance does not relate to garages. Mr. Walther
stated the ordinance as written allows for home businesses both in accessory dwelling units
and accessory buildings.
Councilmember Harris noted at an earlier meeting, construction costs for an ADU above a
garage were estimated at $200,000, which could be unaffordable for some. She asked if the
ordinance could be limited to just ADU’s and not any other accessory structures. Mr. Walther
stated there are no ADU’s in existence in the city, where there is a separate smaller building in a
backyard.
Councilmember Harris stated this seems like a problem that does not exist. Mr. Walther stated
ADUs are allowed now, so it is a problem that has not yet emerged, but it could as some point.
Staff is trying to be clear for someone who resides in an ADU and could use it for an occupation
also. He added this gives another layer of flexibility.
Councilmember Harris stated she is still not in favor of including a garage or an exterior building
in addition to the primary residence for this proposed language. She added this will allow for an
intensification of use on lots that are very small in many areas of the city. She noted this will not
work for many neighbors and she would support entrepreneurship in other ways in the city.
Mayor Spano stated this is coming about because folks live in neighborhoods which are being
disrupted because of business uses in residential areas. Mr. Walther stated this ordinance does
not address a specific nuisance, rather we are widening for additional activities to occur, so
folks can use their home for a business and not detract from the neighborhood in doing so.
Mr. Walther stated this ordinance is a way to avoid nuisance, rather than have a nuisance occur
and adjust a situation after it happens.
Mayor Spano stated this feels like the city already has tools to maintain stability or continuity
and asked if the ordinance is necessary. Mr. Morrison stated staff is trying to find a balance
with the ordinance, adding that the residence is a home first and a business second.
Mayor Spano stated he needs to understand better, adding this is a lifestyle issue that
neighbors are asking the city to make go away when it may not necessarily impact them. He
added he wants to be sure the city uses the tools they have now, before creating new ones.
Councilmember Brausen stated he understands the Mayor’s concerns about overregulation but
added staff has come with examples of issues that have arisen, noting staff has created a
structure of regulation and guardrails, and if opposed, the Mayor is free to vote against it.
Page 9 City council meeting of March 15, 2021 (Item No. 3c)
Title: Study session minutes of February 8, 2021
Mr. Walther stated the planning commission wanted input from council on the draft ordinance
before starting the formal public hearing process. He thanked the council for their feedback and
will bring this back to the planning commission.
It was the consensus of the council to support this in general and send it back to the planning
commission for further review and recommendations.
4.Future study session agenda planning and prioritization
Mayor Spano stated the Feb. 22, 2021 meeting will include a policing discussion as well as
setbacks, and affordable housing, and discussion of the city manager selection process. He
suggested a focus on the city manager and setback discussion.
Councilmember Kraft noted the policing discussion is a priority and he would like to keep it
moving forward.
Councilmember Brausen stated starting the meeting at 6 p.m. would help and agreed the
policing discussion and city manager process would be best.
Councilmember Mohamed and Harris agreed.
The council agreed to move the housing discussion to a later date.
Communications/meeting check-in (verbal)
Mr. Harmening noted at the February 16, 2021 meeting there will be a closed session related to
public safety measures.
Councilmember Harris stated she has been in touch with several city restaurant owners
regarding pandemic response to outdoor dining. Mr. Harmening stated the concern is that
owners are worried about how long to rent tents, and/or if they should purchase them and the
costs to do this. He suggested staff look at grants for owners to help them purchase tents, and
leave the current policy that council approved in place.
Councilmember Harris suggested the city let owners have their tents up all summer. Mr.
Harmening stated when the restrictions are lifted, and if tents remain up, there may be
concerns about parking, while being up at full occupancy.
Councilmember Harris clarified and asked if tents could remain up until the Governor’s
peacetime declaration ends or until September 30, 2021, whichever comes first. Ms. Barton
stated the city is looking at allowing up to five months – one month at a time - of rental and
providing half the cost of that.
Mayor Spano asked how many businesses have concerns here. Mr. Harmening stated three
businesses.
Page 10 City council meeting of March 15, 2021 (Item No. 3c)
Title: Study session minutes of February 8, 2021
Ms. Barton stated this would be marketed to businesses, including restaurants and fitness
studios.
Councilmember Brausen asked that this be put on study session as a topic.
Mr. Harmening stated staff is working on a solution and he will keep council informed.
Councilmember Kraft noted the Children’s First Breakfast is next month and it is virtual this
year. Mayor Spano will be hosting a table and invited the councilmembers to join.
Councilmember Kraft stated there was a story in the Sun Sailor about the $2 million cost of the
CAP. He stated this is an investment in the community that would generate a return for the
community and encouraged councilmembers to use appropriate language when discussing the
CAP with the community.
Councilmember Kraft stated he feels a break is warranted during the meetings and he would
appreciate a break being offered in future meetings.
Councilmember Brausen stated there was a nice article in the business section of the Star
Tribune on the Quentin Development, their promotion of fresh air, and all the qualitative things
being included there.
The meeting adjourned at 9:45 p.m.
Written Reports provided and documented for recording purposes only:
5.Proposed allocation of 2021 Community Development Block Grant (CDBG) funds
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: March 15, 2021
Minutes: 3d
Unofficial minutes
Closed executive session
St. Louis Park, Minnesota
February 16, 2020
The meeting convened at 5:30 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), Deputy City Manager/Human Resources Director
(Ms. Deno), Police Chief (Mr. Harcey), Senior Management Analyst (Ms. Solano),
Communications and Marketing Manager (Ms. Smith), City Attorney (Mr. Mattick)
Meeting called to order at 5:30 p.m.
Mayor Spano read the following statement:
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.
Motion to enter closed executive session made by Councilmember Brausen, seconded by
Councilmember Kraft.
1.Police security briefing
The city’s police chief, Mr. Harcey gave an overview of the procedures and plans regarding
public safety in response to possible social unrest. The city’s attorney, Mr. Mattick, outlined
legal considerations. Mr. Harcey and Mr. Mattick lead the council in a discussion and answered
questions by the city council.
This meeting adjourned at 6:45 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: March 15, 2021
Minutes: 3e
Unofficial minutes
City council study session
St. Louis Park, Minnesota
Feb. 22, 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), City Attorney (Mr. Mattick), Deputy City
Manager/Human Resources Director (Ms. Deno), HR Manager (Ms. Timpone), Police Chief
Harcey, Deputy Chief Kruelle, Lt. Nadem, Senior Management Analyst (Ms. Solano), Racial
Equity Manager (Mx. Sojourner)
Guests: Anne Lewis, Baker Tilly; Mark Casey, DBA; Charlene Stevens, GovHR; Joelle Allen, KP
Companies; Mr. Sorrell, consultant
1. City manager recruitment
Ms. Timpone noted there were 4 proposals for search firms on the city manager recruitment.
Each firm will present for 5 minutes each and the council will ask questions and have a
discussion after all the presentations.
Anne Lewis stated she is a director with Baker Tilly Firm. She explained their work is nation-
wide, including in Minnesota. She noted they have a diverse team and provide a diverse
applicant pool. She stated they are experienced and passionate about local government and
have recruited and placed over 1,500 positions over the years. She noted they believe in
diversity and will work to establish a timeline with staff in finding high-quality candidates.
Mark Casey stated he is with DBA Human Resources. He stated he would be the principal
recruiter and serves on various boards in Minnesota and lectures. He stated 50% of applicants
come from outside Minnesota. He noted St. Louis Park is a place for all people adding his firm
will promote a deep and diverse pool of candidates and will work to find the best fit for the city
while listening to what the council is saying. He added he is a former city manager in St.
Anthony Village, and has worked in city government adding this search would be his number
one priority.
Charlene Stevens is from GovHR and she is the principal consultant and has worked in various
areas of city government. She stated the firm is a female-owned business and works nationwide
and locally to bring candidates and everyone in their firm has served in local government. She
stated they work with women and diverse candidates in local government leadership roles. She
added they have a commitment to communication with council and staff and are very
responsive to both the council and candidates.
City council meeting of March 15, 2021 (Item No. 3e) Page 2
Title: Study session minutes of February 22, 2021
Joelle Allen from KP companies stated they create a more personalized search firm. She stated
they work across the nation and across sectors. She noted they have done this work for 18
years and pride themselves in high touch with their clients and candidates. She stated she has
been with KP since it started, and it is a women and black-owned firm. She noted searches they
have done for the cities of Minneapolis and St. Paul adding they want to understand the
communities they work with as well as the council, and work in focus groups to engage councils
and groups, to find candidates that represent that community. She stated diversity and
inclusion is baked into all that they do, and they are keenly aware of the role of systemic racism
and make sure that all slates are diverse, and they are highly engaged with many sectors,
communities, and groups, and will leverage those relationships on the city’s behalf.
Councilmember Brausen stated the city would be well-suited to work with any of the firms. He
asked about doing 360 follow up reviews and if all the firms do this. They each stated they do.
Councilmember Brausen asked if the firms use assessments with candidates to look at their
diversity and inclusion experience. Ms. Allen stated they use this diversity tool at her firm, and
the others have not used it, but said they would be able to utilize it.
Councilmember Rog asked Mr. Casey why his Minnesota work and headquarters are important
to the outcomes. Mr. Casey stated he has connections within Minnesota at League of
Minnesota Cities and other groups which helps draw quality candidates from Minnesota and
from other areas.
Councilmember Rog asked the firms about Minnesota culture and if they have thoughts on
that.
Mr. Casey stated this is a culture he knows well adding it is also changing. He stated they would
look for the right person.
Ms. Allen stated their business is based in St. Louis Park, and knows firsthand this is a difficult
place to crack sometimes and requires some different onboarding for candidates. They also
work with diverse candidates that are not from here and offer support.
Ms. Stevens stated she did relocate here from out of Minnesota. She stated she knows what it
is like to move here from elsewhere and can help in that transition.
Ms. Lewis stated she is not from Minnesota, but they work on a recruitment team and she
would rely on them to navigate understanding of Minnesota culture.
Councilmember Kraft asked Ms. Lewis what concerns the city would have for running a search
from Virginia, especially related to salaries. Ms. Lewis stated the technology to conduct a search
and work with clients can be done. She stated she spends time with council at the onset getting
to understand the council and city and leadership characteristics that are wanted. She added
the difficult part is attracting a diverse candidate pool and encouraging them to move to
Minnesota.
City council meeting of March 15, 2021 (Item No. 3e) Page 3
Title: Study session minutes of February 22, 2021
Councilmember Kraft asked Mr. Casey about being a recent hire of DBA, if he was doing search
before this, and with all DBA’s Minnesota experience, does it take people off the table. Mr.
Casey stated he just moved from the public sector to this position and will work with a team at
DBA. He stated they have a database of applicants and 50% come from outside of Minnesota,
so the pool will be very deep.
Councilmember Kraft asked what the best practice is in engaging the community.
Ms. Allen stated expectations have changed about how involved communities want to be in
these searches. She added focus groups are helpful with this and are a great gauge, adding that
information can be brought to council and then act on that information.
Ms. Stevens added the outreach needs to be tailored to the community and opportunities need
to be created to have broad engagement and developing a profile.
Mr. Casey added the most efficient use of his firm’s time would be to work through resources
that already exist through visioning sessions conducted in the past.
Ms. Lewis stated surveys, focus groups, and other means can all be used. She stated they would
tailor interview questions the community has and their concerns as well as having
representatives of the community give feedback as well.
Councilmember Dumalag asked about the August 1 timeline and if the city is on track with this.
Ms. Lewis stated the timeline is great and she anticipates a mid-June timeline, adding focus
groups might add a few more weeks.
Ms. Stevens stated August is very realistic for her firm.
Ms. Allen stated the August timeline works well and Mr. Casey agreed also.
Councilmember Dumalag stated she has been part of search groups in the past and asked how
this should be approached as a council and as a team.
Mr. Casey recommended that each and everyone of the council be involved in the process and
in the final choice as well.
Ms. Lewis stated she would like a staff person dedicated to her to organize documents and
candidates’ schedules with interviews. She would keep the council informed and use email to
communicate to help in decision making.
Ms. Stevens stated they would work with a staff person as well and have the whole council be
involved in the full process. She stated her firm can work through any open meeting process the
council prefers, and the full council will need to be involved, while confidentiality maintained.
Ms. Allen agreed, adding her firm works with a point of contact, makes sure the council is
involved, and works with a subcommittee as well all while keeping confidentiality.
City council meeting of March 15, 2021 (Item No. 3e) Page 4
Title: Study session minutes of February 22, 2021
Councilmember Harris asked how the firms establish and account for a city’s culture.
Ms. Allen stated they do focus groups at all levels and learn about the city’s culture.
Mr. Casey added meeting one-on-one with council and key staff will help them learn and
communicate the culture to candidates.
Ms. Lewis stated they also have one-on-one conversations with each councilmember to gain a
sense of culture of the city to help create a candidate pool that best matches the city.
Ms. Stevens added conversations and listening with council and staff, learning the organization,
and also how she matches candidates’ skills with the city.
Councilmember Harris asked what the ideal number of candidates is to bring forward and why.
Ms. Stevens stated it depends on the candidate pool adding there is no specific number she
uses. She stated it is tailored to the city’s needs and what they are looking for.
Ms. Lewis agreed and stated her candidate pools vary in size and it is important she find
alternatives in the selection process. She added as she narrows the candidates down, the
process is very fluid to match the city’s needs.
Mr. Casey agreed also and stated he works to meet the city’s needs as well.
Ms. Allen stated it depends on how involved the council wants to be at each level of candidates
and customized on what the council needs.
Councilmember Harris stated there were a number of screening tools listed that the firms use
and asked what tools would be utilized to determine best fit and are their additional fees
beyond the quoted prices listed in your proposals, pertaining to those tools.
Ms. Allen stated if there are screening tools the city typically uses they start there and work
with suppliers the city already works with. She added they can also add IDI or Strengthbuilders,
noting it is customized and comparative.
Ms. Lewis stated they offer several tools, and all candidates respond to a questionnaire, related
to the city itself. She also offers a video interview for candidates and an assessment is done
with the council and candidates and then overlay where gaps fall, so interview questions can be
developed. She added all tools are included in their fees.
Ms. Stevens stated they work with the city on tools they want to use, as well as video
interviews.
Mr. Casey stated they do profiles and interviews which are all included in the price and can also
use what the city prefers.
City council meeting of March 15, 2021 (Item No. 3e) Page 5
Title: Study session minutes of February 22, 2021
Councilmember Mohamed stated the new city manager coming on will be during a new era.
She stated the racial equity department of the city helps with this in all areas of the city, but as
the council moves forward, she wants racial equity to be a part of all areas of what staff and the
city do, beginning with the city manager. She asked what the number of diverse people is
working within each firm.
Ms. Casey stated DBA has 12 diverse persons. Ms. Lewis stated their public sector area has 3
people of color and 7 females. Ms. Stevens stated they have 31 consultants and 5 persons of
color and 50% are women. Ms. Allen stated they have 8 persons which are women and of color
and 70% are diverse.
Councilmember Mohamed stated it is difficult for people of color to succeed in Minnesota,
adding they have come a long way, especially in St. Louis Park. She asked how they plan to bring
diverse candidates to Minnesota.
Ms. Lewis stated they use a database to select candidates and utilize advertising outlets. She
added they also do outreach into the associations and networks they work with as well as
phone calls.
Mr. Casey stated his firm will work with the city’s profile and that is how they reach out to
databases and work with their contacts, adding that many will be interested in this position,
and they will help them understand what the city is looking for.
Ms. Allen stated she does not see trouble finding candidates, but the higher concern is after
getting a candidate hired, how can they keep them. She stated if they understand change
management, it helps across the board, and that will be an important part of the process.
Ms. Stevens agreed with what the other firms stated and added they will work to bring diverse
candidates adding the retention piece is important as well and will be important for staff to
work on as well.
Mayor Spano stated if council did not decide tonight on which firm, would a two-week delay
impact the timeline. The firm representatives each stated this would not be a problem.
Mayor Spano asked about the firms interviewing staff and if they could explain how they view
the existing staff as this person will need to work closely with staff.
Ms. Lewis stated she would definitely speak with staff and ask the same questions she would
ask of council. She added she would use this information to help with searching candidates.
Mr. Casey agreed, as did Ms. Stevens. and Ms. Allen.
Mayor Spano asked about a time a search did not go well and what did you learn from that.
Ms. Allen stated with COVID she learned how flexible they needed to be and how important
partnerships with city staff were and how important communication was, as well as
transparency. Ms. Allen stated also not fully preparing candidates for the cultural shift it might
City council meeting of March 15, 2021 (Item No. 3e) Page 6
Title: Study session minutes of February 22, 2021
take to come to this area. She stated learning through that is owning the culture and better
preparing candidates for the reality that this culture is quite different from the south.
Ms. Stevens stated an example where a candidate was not a good fit and owning that and
understanding it and pushing back on the organization also, so they understood what they
wanted.
Mr. Casey noted a time when a timeline got pushed out, adding it should not have affected the
process especially if qualified candidates are presented.
Ms. Lewis noted an example where a competitive salary was not offered and how this could
have been compensated outside of salary and would have been beneficial to recruitment.
Councilmember Rog asked Ms. Allen why her firms’ proposal is 3 times the amounts of the
other firms. Ms. Allen stated this is standard to be a percentage of first year salary and because
diversity is a different search and requires different tools. She added they would be able to
discuss this further and would not want to miss this project because of cost.
Councilmember Rog asked why Ms. Allen did not provide a candidate brochure. Ms. Allen
stated they use them, but she neglected to add one.
Councilmember Rog asked if it makes sense for the council to indicate they would like a certain
number of candidates be people of color, or women, or men, and if this would be an option.
Ms. Deno had stated no numbers or quotas are acceptable but setting up a profile related to
diversity and inclusion requirements can help when working with the firm to find pools of
candidates. This along with the city’s strategic priorities would help, she added.
Councilmember Rog asked why Ms. Allen’s firm’s guarantee was only 6 months versus 1-2 years
for the other firms. Ms. Allen stated this is standard, but they do stand behind candidates and
she would be happy to extend that to one year if the council prefers.
Councilmember Kraft asked Ms. Stevens how her firm would overcome technology issues when
working with the council and candidates, noting there were some technology issue when she
was giving her presentation. Ms. Stevens apologized for the technology not working this
evening and stated she would have it all working correctly.
Councilmember Kraft asked how internal candidates would be incorporated.
Ms. Allen stated they always do interviews with internal candidates to ensure a fair and
equitable process.
Ms. Stevens agreed adding they will also give a fair and honest assessment of the candidate.
Ms. Lewis agreed adding they put all internal candidates through the same process as external
candidates.
Mr. Casey added he agreed and that is where that level of confidentiality comes in as well.
City council meeting of March 15, 2021 (Item No. 3e) Page 7
Title: Study session minutes of February 22, 2021
Councilmember Brausen appreciated the firm candidates and thanked them for their interest.
The firms’ representatives all left the meeting, and the council began their discussion.
Mayor Spano asked if the council wants to make a decision tonight or hold off.
Councilmember Harris would like to wait until next week to make a decision. She asked staff if
KP would come down in price to come in line with the other three firms. Ms. Timpone will ask
all 4 companies to come down in price.
Councilmember Harris asked if we should ask for a 1-year onboarding. Ms. Timpone stated that
is up to the council to create that process and that can be addressed later.
Councilmember Harris asked what the budget is for hiring a firm. Ms. Timpone stated there is
enough in the budget – at least $23,000 unspent and other funds that can be used as well.
Ms. Deno added there are some contingency funds available also, and whichever firm is chosen
by the council, staff can make this work.
Councilmember Harris and Mayor Spano would like to wait one week to decide.
Councilmember Rog stated she would like to discuss this tonight. Ms. Deno stated council can
give staff direction tonight and it would not require formal action by the council; however,
formal action can be taken at next week’s meeting if council prefers.
Ms. Timpone stated there are four great firms here and encouraged council to not let budget
become a factor. She stated the most important thing is the development of a profile and every
firm will provide a good candidate pool. She added KP Companies will likely provide a deeper
and more non-traditional applicant pool and the other three are all similar. She noted having a
local rep is important. She recommended KP Companies and GovHR as her top
recommendations to the council.
Councilmember Kraft stated Baker Tilly is the most professional and polished proposal and not
so personal. DBA spoke most about what is happening in St. Louis Park, but he is new at this.
KP Companies had very interesting experience on diversity side and more backgrounds, but the
structure of her proposal says they do not have the experience in doing a public sector search.
He noted GovHR had technology issues but added they provided specific answers and with
numbers of searches, and data, without being asked and he appreciated that level of specificity.
He was impressed with that and the fact they had done many searches in Minnesota.
Councilmember Mohamed was happy to hear from all the firms, but she felt KP Companies will
do a deeper search and a better job for St. Louis Park. She is not worried about cost and she
was happy the city is able to afford this and she does not think council should go back and ask
them to lower prices. She added she agreed with the thinking of KP Companies and where they
will lead the city.
City council meeting of March 15, 2021 (Item No. 3e) Page 8
Title: Study session minutes of February 22, 2021
Councilmember Dumalag stated she has concerns with KP Companies, the number was way out
of line, they do not do this work that often, and she cannot grasp why their quote was so
different. She liked GovHR and the stats she had, the technical approach, and she was honest
on the problem question posed. She added the council will want to direct any of the firms to
have a deep and wide pool and she leans toward GovHR.
Councilmember Rog agreed on the two firms of KP Companies and GovHR. She has concerns
about KP not matching the caliber of what the city needs, especially never having done a city
manager search. She added the high cost and lack of including a brochure shows possibly not a
lot of experience in this area. She stated she was impressed with all the firms, but she also is in
favor of GovHR.
Councilmember Harris stated she rated the experience of each firm and she landed on KP and
GovHR at the top. She added she understands the costs can be covered, but she has concerns
about KP’s answer about corporate, and this is not corporate, noting it is important to know the
audience for the presentation, as well as the work. Councilmember Harris appreciated how
GovHR framed concepts. She added KP uses IDI indicator tools and asked if the city could
request whoever is chosen to use IDI. She is comfortable with GovHR.
Councilmember Brausen like Baker Tilly for their professionalism but would like something
more locally. Mr. Casey is too new at doing this, although he has the local connections and
experience in local government. He liked that KP uses the IDI tool, but given the council’s
preference with GovHR, he is comfortable going with them.
Mayor Spano agreed on the comments about the IDI tool. He also had concerns about the KP
Companies price and noted they do not have experience hiring a city manager, but he is partial
to KP Companies. He is willing to take a risk on KP but feels they are smart and capable of the
job and will bring a diverse and deep pool of candidates.
Councilmember Kraft was not concerned about the dollar amount of KP Companies, but the
way they did not understand the recruitment process.
Mayor Spano stated because their proposal was different is not because they do not get it, it is
that they just do it differently.
Councilmember Kraft stated except her answer was that they would lower their price, and he
wished it would have been that they are at this cost because they do it differently.
Ms. Timpone stated the 3 other companies matched each other and are similar. She stated KP
will do the same work, but they might do it differently. She added staff can help and support
their work and she did not find the proposal to be too divergent from the others. She felt it was
done with more thought to the city versus what the others did.
Councilmember Mohamed stated historically lower experience is why black and brown
companies do not always get business. Mayor Spano agreed, as did Councilmember Rog.
City council meeting of March 15, 2021 (Item No. 3e) Page 9
Title: Study session minutes of February 22, 2021
Councilmember Rog asked how KP’s proposal is more unique than the others. Ms. Timpone
stated they asked for a little more time to put the onboarding piece together and it just struck
her that they did this specifically for the city versus using a template.
Councilmember Rog asked about the plans for Mx. Sojourner’s replacement as well, and if a
search will be done also.
Ms. Deno stated HR will do the search with input from Mx. Sojourner.
Councilmember Mohamed asked to what standard are we holding KP Companies to and is it a
certain standard are we holding the proposals to, when we ask about ways that proposals were
submitted. She asked council to reflect on this.
Councilmember Brausen stated he appreciated Councilmember Mohamed’s perspective on
this. He added he is comfortable hiring any of the 4.
Councilmember Dumalag also appreciated Councilmember Mohamed’s comments. She stated
the city is hiring a search firm, but all KP Companies experience was not in city government. She
stated she was really impressed with Baker Tilly’s placements. She added it was not number,
but scale that was concerning for her.
Councilmember Harris stated she appreciated Councilmember Mohamed’s comments, it helped
her reorder her choices, and agreed this is important to the city during this time.
Ms. Deno asked if council would like KP Companies and GovHR to resubmit information and
then have council decide on Monday, March 1.
Councilmember Kraft appreciated Councilmember Mohamed’s comments. He stated he did not
notice KP Companies did not submit a brochure. He stated he is not interested in asking for a
lower price on KP Companies and is interested in GovHR. He stated he would like to use KP
Companies at a different time.
It was the consensus of the council to move forward with GovHR as their search firm for the city
manager position.
Mayor Spano asked if KP Companies has interest in being involved in the process in some way,
he would be comfortable with that.
2. Policing discussion- continued
Mr. Sorrell presented to the council, noting themes, areas, and actions.
Deputy Chief Kruelle noted in 2019 body cams were introduced in the city and audits and daily
reviews are conducted.
Lt. Nadem explained training sessions on racial equity impacts were conducted for the police
force.
City council meeting of March 15, 2021 (Item No. 3e) Page 10
Title: Study session minutes of February 22, 2021
Chief Harcey noted the response to resistance report and the intent related to the outcomes.
He stated some changes were made to the process, including documenting residents and non-
residents. Chief Harcey explained fully implementing the 8 Can’t Wait policy and stated it is now
on the city website. Chief Harcey also noted data used, including weekly and monthly updates
to council and trends over time as well as looking at last year versus this year data.
Councilmember Kraft asked if blue means completed. Mr. Sorrell stated it means completed
and on track.
Councilmember Kraft stated he did not hear why more African Americans are subject to use of
force. Chief Harcey stated an outside consultant could help police research this item.
Councilmember Kraft stated that when he saw that as completed, he felt it is not yet
completed. Mr. Sorrell stated there will be a deeper conversation related to this topic, noting
there are many components at play here.
Lt. Garland addressed the role of police in achieving mental health outcomes.
Mayor Spano asked about the embedded social worker versus co-responders. Chief Harcey
stated this is similar to the fire department model, assisting on calls as needed. He stated the
co-responder is having the licensed social worker with police 24/7.
Mayor Spano asked about co-responders versus Hennepin County social workers, and if they
would be working in the department. Chief Harcey stated he would like to have a full-time
social worker devoted to St. Louis Park, and would like to see them in the car with police more
often.
Councilmember Rog asked about the 232 referrals over the last 12 months and asked whether
it is possible to get more information on referrals to help understand how the city is doing, and
if the weekly reports could have more detail around the mental health information. Chief
Harcey stated outcomes of the referrals is private data, but some might be able to be shared.
Councilmember Harris asked about the 232 referrals and how many were repeat clients. Chief
Harcey stated he will need to get back to council on that information.
Councilmember Harris stated this data would help households in need of these services. She
asked if there is overlap with the fire departments visitation program and if there is an overlap
that could involve the police also.
Chief Harcey stated they will be onboarding a new person soon to partner with Fire related to
this issue.
Councilmember Harris asked if the police have the resources they need for training at this time.
Chief Harcey stated there is always room for more resources, but it is included in the budget.
Councilmember Harris stated this information would be helpful to know during budget time.
City council meeting of March 15, 2021 (Item No. 3e) Page 11
Title: Study session minutes of February 22, 2021
Deputy Chief Kruelle explained details on alternative models for policing.
Chief Harcey noted information on effectiveness of school partnerships, with school resource
officers and the DARE curriculum no longer being taught by the police department.
Councilmember Kraft stated it seems more needs to be done in other columns before
addressing the items in the red column. Chief Harcey stated this will be a long-term ongoing
conversation with council.
Mr. Sorrell will provide a more concise packet for the next session.
Councilmember Brausen agreed and indicated he appreciates the willingness in the police to be
engaged in these discussions and continuing to try to learn how to improve.
Mayor Spano also stated this conversation is about working together with the police to help
determine resources that are needed to move forward.
Due to time limitations, it was the consensus of the council to table this conversation and move
it to a future study session.
3. Future study session agenda planning and prioritization - none
Communications/meeting check-in (verbal)
Mr. Harmening noted target protesting information was discussed earlier and in 1976 an
ordinance was adopted by the city regarding this. He stated it does however need updating.
The meeting adjourned at 10:07 p.m.
Written Reports provided and documented for recording purposes only:
4 January 2021 monthly financial report
5. Conversion therapy
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: March 15, 2021
Consent agenda item: 4a
Executive summary
Title: Retirement recognition for Jim Vaughan and Nancy Deno
Recommended action: Motion to adopt Resolutions to recognize Jim Vaughan for his 33 years
of service and Nancy Deno for her 23 years of service .
Policy consideration: None at this time.
Summary: City policy states that employees who retire or resign in good standing with over 20
years of service will be presented with a resolution from the mayor, city manager and city
council. Jim and Nancy will be in attendance virtually for a presentation of their resolutions.
This consent item will officially adopt the resolutions that honor Jim and Nancy for their years
of service.
Financial or budget considerations: Not applicable.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution s
Prepared by: Ali Timpone, HR manager
Approve d by: Tom Harmening, city manager
City council meeting of March 15, 2021 (Item No. 4a) Page 2
Title: Retirement recognition for Jim Vaughan and Nancy Deno
Resolution No. 21-____
Resolution of the
City Council of the City of St. Louis Park, Minnesota
recognizing the contributions and expressing appreciation to
Natural Resources Coordinator James Vaughan
Whereas, Jim Vaughan began his employment with the City of St. Louis Park over 33
years ago on October 26, 1987; and
Whereas, Jim has had major responsibility for the beautification of our city by planting
over 20,000 trees, sending over 7,425 weed notices and planting thousands of annual and
perennial flowers; and
Whereas, Jim has proactively ensured the health and longevity of our city’s trees and other
natural resources by developing plans to deal with Emerald Ash Borer, Oak Wilt, Dutch Elm
Disease, pollinator gardens, bee friendly plantings and controlled burns of prairie grass; and
Whereas, Jim has represented the city by serving as President of the Minnesota Shade Tree
Advisory Committee, Minnesota Society of Arboriculture board, International Society of
Arboriculture (including speaking throughout the US and internationally); and
Whereas, Jim will be missed greatly, especially when he introduces himself as “Vaughan.
James Vaughan.”; and
Whereas, Jim will enjoy his retirement by spending time with his wife, Jane , and kids, Ian
and Tate , and traveling;
Now therefore be it resolved that the City Council of the City of St. Louis Park,
Minnesota, by this resolution and public record, would like to thank Jim Vaughan for his great
contributions and over 33 years of dedicated service to the City of St. Louis Park and wish him
the best in his retirement.
Reviewed for Administration: Adopted by the City Council March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
City council meeting of March 15, 2021 (Item No. 4a) Page 3
Title: Retirement recognition for Jim Vaughan and Nancy Deno
Resolution No. 21-____
Resolution of the
City Council of the City of St. Louis Park, Minnesota
recognizing the contributions and expressing appreciation to
Deputy City Manager/HR Director Nancy Deno
Whereas, Nancy Deno began her employment with the City of St. Louis Park nearly 23
years ago on May 27, 1998; and
Whereas, Nancy has demonstrated exceptional leadership skills, evidenced by her
ability to manage the human resources division first, then adding city clerk,
environment/sustainability, finance and assessing, and racial equity; and
Whereas, Nancy’s heart belongs to human resources and she’s excelled at working with
staff on employee relations issues, creating relationships with union groups to negotiate
bargaining agreements, and connecting and finding creative solutions to resolve issues; and
Whereas, Nancy is so well-re spected among her peers and other cities she was
recognized as a finalist for the Women in City Government Leadership award in 2007; and
Whereas, Nancy has provided wisdom and guidance to hundreds of staff, co-workers,
city managers and council members and has inspired and motivated others to create change,
perform at their highest level and do the right thing; and
Whereas, Nancy has selflessly donated many hours of her time to local hospice centers
with her dog Emma to provide comfort to end of life patients; and
Whereas, Nancy will enjoy retirement as a St. Louis Park resident, floating at her cabin
in Wisconsin, swing dancing at local venues and most importantly enjoying time with her
grandson Owen and granddaughter due at the end of April;
Now therefore be it resolved that the City Council of the City of St. Louis Park,
Minnesota, by this resolution and public record, would like to thank Nancy Deno for her great
contributions and nearly 23 years of dedicated service to the City of St. Louis Park and wish her
the best in her retirement.
Reviewed for Administration: Adopted by the City Council March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: March 15, 2021
Consent agenda item: 4b
Executive summary
Title: Second reading of ordinance pertaining to signs on rooftop screening
Recommended action: Motion to approve the second reading and adopt Ordinance amending
Section 36-362(h) pertaining to signs on rooftop equipment screening structures and approve the
summary ordinance for publication.
Policy consideration: Does the council wish to amend Section 36-362(h) to allow sign s on
rooftop equipment screening structures?
Summary: Audrey Janzen, on behalf of the Excelsior Group, applied for a zoning ordinance text
amendment to allow rooftop signs when attached to a rooftop equipment screen wall. The
Excelsior Group owns the new 10 West End office building. The office building includes a large
rooftop equipment screening structure that they designed with the intent of mounting signs on
it as described in the attached discussion section. They were, however, unaware that the city
does not allow rooftop signs.
Planning commission discussion: The planning commission heard the application on Jan. 20,
2021. The public hearing was closed with no comments received. Staff recommended denial of
the application . The planning commission, however, tabled consideration of the ordinance so
revisions could be made based on their discussion at the meeting. The planning commission
reviewed the revised ordinance on Feb. 24, 2021, and recommended approval of the revised
ordinance. The city council approved the first reading on March 1, 2021.
Present considerations: A copy of the ordinance is attached and summarized below. The
ordinance proposes to allow signs on rooftop equipment screening structures in the planned
unit development districts with the following conditions:
1. The building is at least eight stories tall and is used for predominantly office uses.
2. The rooftop equipment screening structure must enclose at least 40% of the rooftop.
3. The sign cannot extend above the height of the rooftop screening structure.
4. The rooftop equipment screening structure shall be included in the building height.
5. The rooftop equipment screening structure must be included in the building elevation
when calculating compliance to the architectural design and materials requirements.
6. Prior to installing any wall sign on the rooftop equipment screening structure, the rooftop
equipment screen structure must be inspected and certified by an engineer to verify that
the structure can support the proposed sign.
Financial or budget considerations: None
Strategic priority consideration: Not applicable.
Supporting documents: Ordinance
Summary ordinance for publication
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 March 15, 2021 (Item No. 4b ) Page 2
Title: Second reading of ordinance pertaining to signs on rooftop screening
Ordinance No. ____-21
Ordinance regarding signs on rooftop screening structures
The City of St. Louis Park does ordain:
Whereas, an application was received from 10 West End LLC to amend the sign ordinance
to allow signs on rooftop equipment screening structures, and
Whereas, the City Council has considered the advice and recommendation of the planning
commission (case no. 20-30-ZA), and
Now, therefore be it resolved that the following amendments shall be made to the City
Code:
Section 1. Chapter 36, Section 36-362(h) of the St. Louis Park City Code is hereby
amended to add the following underlined text.
(9) Rooftop screen signs. Notwithstanding Section 36-362(e)(4) wall signs are permitted
on rooftop screening structures located in the planned unit development zoning
districts subject to the following conditions:
1. The rooftop screen structure is located on a building that is at least eight stories
tall and that is used for predominantly office uses.
2. The rooftop screen structure upon which the sign is mounted must enclose an
area equal to at least 40% of the total rooftop area of the building.
3. For rooftop screen structures with multiple or varying heights, the signs cannot
extend above the height of the shortest section of the rooftop screening
structure .
4. The rooftop screen structure shall be included in the building height.
5. The rooftop screen structure must be included in the building elevation when
calculating compliance to the architectural design and materials of each building
elevation.
6. Prior to installing any wall sign on the rooftop screen structure, the rooftop
screen structure must be inspected and certified by an engineer to verify that
the structure can support the proposed sign.
Section 2. This ordinance shall take effect April 9, 2021.
First Reading March 1, 2021
Second Reading March 15, 2021
Date of Publication March 25, 2021
Date Ordinance takes effect April 9, 2021
City council meeting of March 15, 2021 (Item No. 4b ) Page 3
Title: Second reading of ordinance pertaining to signs on rooftop screening
Reviewed for administration: Adopted by the City Council March15, 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 March 15, 2021 (Item No. 4b ) Page 4
Title: Second reading of ordinance pertaining to signs on rooftop screening
Summary for publication
Ordinance No. ____-21
An ordinance amending
the St. Louis Park zoning ordinance
pertaining to signs on rooftop screening structures
This ordinance amends Chapter 36 of the City of St. Louis Park city code relating to
zoning. The amendment allows signs on rooftop screening structures in the planned unit
development zoning districts with conditions.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council March 15, 2021
Jake Spano /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: March 25, 2021
Meeting: City council
Meeting date: March 15, 2021
Consent agenda item: 4c
Executive summary
Title: Special assessment – sewer service line repair at 3762 Colorado Avenue South
Recommended action: Motion to adopt Resolution authorizing the special assessment for the
repair of the sewer service line at 3762 Colorado Avenue South , St. Louis Park, MN.
P.I.D. 16-117-21-33-0054.
Policy consideration: The proposed action is consistent with policy previously established by
the city council.
Summary: Aaron Kock and Noah Bergan, owners of the single -family residence at 3762
Colorado Avenue South, have requested the city to authorize the repair of the sewer service
line for their home and assess the cost against the property in accordance with the city’s special
assessment policy.
The city requires the repair of service lines to promote the general public health, safety and welfare
within the community. The special assessment policy for the repair or replacement of water or
sewer service lines for existing homes was adopted by the city council in 1996. This program was put
into place because sometimes property owners face financial hardships when emergency repairs like
this are unexpectedly required. Plans and permits for this service line repair work were completed,
submitted, and approved by city staff. The property owner hired a contractor and repaired the sewer
service lin e in compliance with current codes and regulations. Based on the completed work, this
repair qualifies for the city’s special assessment program. The property owners have petitioned the
city to authorize the sewer service line repair and special assess the cost of the repair. The total
eligible cost of the repair has been determined to be $9,820.
Financial or budget considerations: The city has funds in place to finance the cost of this special
assessment.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
Prepared by: Jay Hall, utility superintendent
Reviewed by: Mark Hanson, public works superintendent
Emily Carr, assessing technician
Cynthia S. Walsh, director of operations and recreation
Approve d by: Tom Harmening, city manager
City council meeting of March 15, 2021 (Item No. 4c ) Page 2
Title: Special assessment – sewer service line repair at 3762 Colorado Avenue South
Resolution No. 21-____
Resolution authorizing the special assessment for the repair of the
sewer service line at 3762 Colorado Avenue South, St. Louis Park, MN
P.I.D. 16-117-21-33-0054
Whereas, the property owners at 3762 Colorado Avenue South , have petitioned the City
of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the
single family residence located at 3762 Colorado Avenue South ; and
Whereas, the property owners have agreed to waive the right to a public hearing, right
of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and
Whereas, the City Council of the City of St. Louis Park has received a report from the
Utility Superintendent related to the repair of the sewer service line.
Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota,
that:
1.The petition from the property owners requesting the approval and special assessment for
the sewer service line repair is hereby accepted.
2.The sewer service line repair that was done in conformance with the plans and
specifications approved by the Operations and Recreation Department and Department of
Inspections is hereby accepted.
3.The total cost for the repair of the sewer service line is accepted at $9,820.
4.The property owners have agreed to waive the right to a public hearing, notice and appeal
from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by
other statutes, or by ordinance, City Charter, the constitution, or common law.
5.The property owners have agreed to pay the city for the total cost of the above improvements
through a special assessment over a ten (10) year period at the interest rate of 3.50%.
6.The property owners have executed an agreement with the city and all other documents
necessary to implement the repair of the sewer service line and the special assessment of
all costs associated therewith.
Reviewed for administration: Adopted by the City Council March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: March 15, 2021
Consent agenda item: 4d
Executive summary
Title: Vehicle towing and impound agreement and impound lot lease extension
Recommended action: Motion to adopt Resolution and approving vehicle towing and
impounding agreement and impound lot lease extension with Bobby & Steve’s Auto World
Eden Prairie, LLC.
Policy consideration: Does council wish to approve the vehicle towing and impounding
agreement and impound lot lease extension with Bobby & Steve’s Auto World Eden Prairie,
LLC?
Summary: The current vehicle towing and impounding agreement and impound lot lease with
Bobby & Steve’s Auto World Eden Prairie, LLC expires on March 31, 2021. To accommodate the
water tower maintenance that is scheduled to begin on April 1, 2021 and to be completed by
November 1, 2021, the current impound lot at 5100 Park Glen Road must be vacated. To assist
in continuing to provide a local towing contractor and impound lot location within St. Louis Park
as a convenience to residents, an alternative temporary impound lot has been identified at
7250 S tate Hwy 7, which is owned by the St. Louis Park Economic Development Authority. The
proposed impound lot lease includes language that allows for the temporary relocation of the
impound lot during the water tower maintenance.
M arch 15, 2021 the Economic Development Authority will also be reviewing a report to
authorize the temporary lease of the 7250 State Hwy 7 lot to Bobby & Steve’s Auto World Eden
Prairie, LLC. Staff is recommending that the vehicle towing and impounding agreement and
impound lot lease be extended for one year to ensure the continuity of services for vehicle
towing and impounding during the water tower rehabilitation.
The vehicle towing and impounding agreement and impound lot lease extension agreement has
been reviewed and approved by St. Louis Park City Attorney.
Financial or budget considerations: None at this time.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
Vehicle towing and impounding agreement
Impound lot lease extension
Prepared by: Mike Harcey, chief of police
Approve d by: Tom Harmening, city manager
City council meeting of March 15, 2021 (Item No. 4d ) Page 2
Title: Vehicle towing and impound agreement and impound lot lease extension
Resolution No. 21-____
Resolution approving vehicle towing and impounding agreement and
impound lot lease extension with Bobby & Steve’s Auto World Eden
Prairie, LLC
Whereas, the City of St. Louis Park (“City ”) and Bobby & Steve’s Auto World Eden Prairie
LLC (the “Provider”) entered into (i) a Lease Agreement dated as of March 28, 2018 (the “Lease ”),
regarding the lease of real property at 5100 Park Glen Road (“Water Tower Property”) for use as a
city impound lot, and (ii) a related Vehicle Towing and Impounding Agreement dated March 28,
2018 (the “Impounding Agreement”), and propose to enter into an extension of the Lease and
Impounding Agreement through March 31, 2022 (the “Extension”); and
Whereas, the Water Tower Property is scheduled to be temporarily unavailable for use
due to maintenance on the water tower during a portion of the term of the Extension, and
therefore the City and the Provider propose to temporarily relocate the impound lot on other
prope rty within the City; and
Whereas, the St. Louis Park Economic Development Authority (“Authority”) owns vacant
property within the city located at 7250 State Highway 7 (the “Authority Property”), which
Authority Property has been proposed as the temporary location of the Provider’s activities under
the Extension ; and
Whereas, the Authority has consented to the Extension and to the temporary use of the
Authority Property as provided in the Extension through the execution of the Landowner Consent
(the “Con sent”).
Now, therefore, be it resolved by the City Council of the City of St. Louis Park as follows:
A.The Mayor and City Manager are hereby authorized to execute on behalf of the
City the Lease Extension and the Impounding Agreement Extension .
B. City staff and consultants are authorized to take any actions necessary to carry out
the intent of this resolution.
Reviewed for administration: Adopted by the City Council March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest
Melissa Kennedy, city clerk
City council meeting of March 15, 2021 (Item No. 4d ) Page 3
Title: Vehicle towing and impound agreement and impound lot lease extension
CITY OF ST. LOUIS PARK
VEHICLE TOWING AND IMPOUNDING AGREEMENT
A GREEMENT, made as of ________________, 2021, between the CITY OF ST. LOUIS PARK,
a Minnesota municipal corporation ("City"), and Bobby & Steve’s Auto World Eden Prairie, LLC
("Contractor").
The City and the Contractor agree as follows:
1.WORK TO BE PERFORMED
The Contractor agrees to perform the following services upon receipt of a specific request
from the City: To remove, impound and transport, or tow to storage facilities, all stolen,
abandoned, damaged, illegally parked or other vehicles upon proper police request found
in the public streets or elsewhere in the City of St. Louis Park. The Contractor also agrees
to care for and store all such cars when requested by the City and to preserve and deliver
them to the owners or persons entitled to the possession of them upon payment of
towing and storage fees, all in accordance with the provisions of the State and City
statutes and ordinances and these Contract documents. The Contractor represents that
the Contractor has a commitment for and agrees to maintain storage facilities large
enough to accommodate at least two hundred (200) automobiles, at the following
location, 5100 Park Glen Road St. Louis Park, MN 55416.
2.LEASE OF REQUIRED STORAGE FACILITY
Contractor is leasing from the City a portion of the property commonly referred to as the
Water Tower property located at 5100 Park Glen Road upon which its required storage
facility is located (“Water Tower Property Lease). The City’s early termination of the
Water Tower Property Lease as a result of a default of the Lease terms by Contractor shall
constitute a breach of this Contract entitling the City to early termination pursuant to
Paragraph 13 herein. The early termination of the Water Tower Property Lease as a result
of a MnDOT acquisition shall also terminate this Agreement.
3.TERM
This Contract will be for a term of three (1) years commencing April 1, 2021 and ending
March 31, 2022, unless terminated earlier pursuant to Paragraph 13 of this Contract.
4.DUTIES OF THE CONTRACTOR
4.1 The Contractor further agrees to pay all persons furnishing labor, supplies,
equipment, space, or material to the Contractor in and about the performance of
this Contract, these persons to be paid first, out of the amount due the Contractor,
its agents or assigns.
City council meeting of March 15, 2021 (Item No. 4d ) Page 4
Title: Vehicle towing and impound agreement and impound lot lease extension
4.2 The Contractor shall take immediate possession of any vehicle duly ordered
impounded by the City and shall tow, not drive, such vehicle to the
impounding storage facility. All vehicles being held for evidential or investigative
reasons by the Police Department may not be released without authorization
by the City Manager, Chief of Police or other designee. Other vehicles may be
released as provided herein without formal authorization from the City
Manager or Chief of Police.
4.3 The Contractor shall be responsible to check the theft status of any impounded
vehicle in the Contractor’s possession at least once every week.
4.4 The Contractor also agrees to establish the identity of the registered owners and
lien holders, if any, of impounded vehicles through the Department of Public
Safety automobile titles, insurance papers, and dealer bills of sale.
4.5 It shall be the responsibility of the Contractor, immediately upon the deposit of a
towed vehicle in the storage lot, to send the registered owner and lien holder of
record a notice by certified mail specifying the date and place of the taking, the
year, make, model, and serial number of the vehicle towed and the right to
reclaim. Said notice shall include the procedure for reclaiming the impounded
vehicle. The notice shall comply with Minn. Stat. 168B.06 and any other
applicable law. A record of this notice shall be retained by the Contractor during
the term of this Contract, and for an additional two (2) years after the expiration
of this Contract. The cost of this notice is included in the Contractor’s portion of
the administrative fee. If the owner of the impounded vehicle subject to a lien fails
to reclaim the vehicle, the Contractor shall provide notice to the lien holder, if any,
prior to disposition of the vehicle.
Exception: When the vehicle is an abandoned vehicle (as defined by Minnesota
law) more than seven model years of age, is not currently licensed, and is missing
vital component parts, the Contractor may, with the approval of the Chief of
Police, immediately dispose of such vehicle pursuant to Minn. Stat. 168B.01 et.
seq. and any other applicable law.
4.6 The Contractor shall be solely responsible for all matters relating to the
operation of the storage facilit y as provided for in the City Code. Said storage
facility shall be fenced in a secure manner.
4.7 The Contractor agrees to keep safely all impounded vehicles, equipment and
accessories contained therein, and personal property, and, notwithstanding the
foregoing, to retain possession of same until all charges against the impounded
vehicle have been satisfied, and to reimburse the City and the owners for any and
all losses relating thereto. All personal property valued at One Hundred and no/100
Dollars ($100.00) or more shall be removed from the vehicle and stored in a
secured place until returned to the owner at the time said vehicle is released.
Personal property that, in the judgment of the Police Department is necessary for
health and safety purposes, shall be released upon order of the Police Department.
City council meeting of March 15, 2021 (Item No. 4d ) Page 5
Title: Vehicle towing and impound agreement and impound lot lease extension
4.8 The Contractor shall be required to keep, in a manner acceptable to the City, a
monthly report of all vehicles towed, released, and still held. The report shall be
forwarded to the Police Departme nt no later than the tenth day of the following
month. The report shall also include the reason why vehicles, if any, towed in the
preceding month have not been released. All clerical, administrative, and late fees
due the City shall be paid no later than the tenth of the month following that in
which the charges accrued.
4.9 To promote the general welfare and safety, in all cases where the Contractor shall
fail to respond to any call for tow trucks within thirty (30) minutes, the City shall be
paid Fift y and no/100 Dollars ($50.00) by the Contractor. If the Contractor fails to
respond within sixty (60) minutes, another vendor may be contacted to provide
services, and the Contractor shall be responsible for the cost of the tow.
4.10 Contractor shall insure that all employees dress in appropriate attire that is clean
and well maintained. Clothing should display the name of the contractor
displayed in a contrasting color visible on the front of the employee’s shirt.
5.TOWING CHARGES
Towing charges for service provided by the Contractor under this Contract shall be
$129.50 per tow. The Contractor will not charge additional fees for specific services
provided nor particular circumstances relating to any individual tow. The prohibited fees
include, but are not limited to the following: Show up but not hoisted; show up hoisted
and dropped; use of one dolly; waiting time, regardless of the amount; unusual labor
required (e.g., more than fifty feet off the roadway, in a lake, etc.); and winching more
than fifty feet. No additional administrative fees or charges of any kind, other than those
specifically listed in this Contract, shall be charged. Vehicles which are snowed in and
require shoveling by tow truck operator prior to towing shall be charged a $25.00 labor
charge in addition to the standard towing fee.
Towed vehicles exceeding one ton capacity shall be charged the standard tow fee plus
an additional labor charge pro-rated per hour or part thereof at $100.00 per hour, plus
material costs.
The fee charged for storage of towed cars by Contractor will be the sum of $35.00/ per
car space per day, calculated from midnight to midnight.
The Contractor's towing charges shall include an additional administrative fee of fifty and
no/100 dollars ($50.00) per vehicle towed, of which twenty-five and no/100 dollars
($25.00) per vehicle towed shall be paid to the City monthly, within ten (10) days of the
end of each month, by the Contractor for clerical and administrative expenses of the City.
City vehicles that require towing shall be towed without charge to the City. Contractor
will not be liable to tow oversized City vehicles (i.e. firetrucks and maintenance
equipment) without charge.
City council meeting of March 15, 2021 (Item No. 4d ) Page 6
Title: Vehicle towing and impound agreement and impound lot lease extension
Vehicles towed and stored pursuant to seizure under state law, at the request of the
City, shall be charged a storage fee by Contractor of $3.00 per day. Contractor’s storage
fee and tow fee for vehicles held pursuant to seizure under state law shall not exceed
$540.00 per vehicle.
Any private cars towed and/or stored in error at the request of the City shall be returned
to the registered owner at no charge to the registered owner or the City.
All tow prices shall include the clean-up of the street or highway by the Contractor.
6. STORAGE AND RELEASE OF IMPOUNDED VEHICLES
Any vehicle directed to be impounded, from the time it is taken possession of by the
Contractor and during the time it is impounded, and until it is reclaimed, shall be
considered to be in the custody of the law, and no work shall be done on it by the
Contractor, nor shall the Contractor permit anyone to do any work on it until the vehicle
has been reclaimed. All vehicles, when ordered released by the City Manager or Police
Department, shall be released to the registered owner without other charges other than
the impounding and storage fees. During the time the vehicle is impounded, the
Contractor shall not permit the owner or other persons to take or remove the vehicle or
any parts or change or repair any parts. All vehicles impounded may be stored in inside
garages or in fenced designated parking lots with a minimum fenced height of six (6) feet.
The Contractor's hours of operation for release of impounded vehicles shall be as follows:
Monday through Friday 7:30 a.m. to 6:00 p.m.
Saturday 8:00 a.m. to 12:00 Noo n
Sunday and holidays 9:00 a.m. to 11:00 a.m.
Contractor shall allow the vehicle owner to pick up a towed vehicle after Contractor’s
hours of operation by paying an extra $100.00 fee.
7. RELEASE FORM
No vehicles shall be released by the Contractor without authorization from the City. No
vehicle shall be released without proper proof of ownership and proof of current
automobile insurance. Vehicles ordered held by the Police Department shall not be
released without written authorization from the Police Department.
At the time of the return of the vehicle, the Contractor shall give a release in writing which
shall state the date of such release together with the charges enumerated thereon and
the purpose for which the charges were made. The release shall be made in one original
and two copies, all of which shall be signed by the Contractor and the person to whom the
release is made. The Contractor shall retain the original of the release and shall deliver
one copy to the owner of the vehicle and one copy to the Police Department.
City council meeting of March 15, 2021 (Item No. 4d ) Page 7
Title: Vehicle towing and impound agreement and impound lot lease extension
8.CHARGES FOR OPERATIONS
To the extent allowed by law, all charges for towing and storage shall be secured by a lien
against the vehicle and its contents impounded and carried on account until the sale or
other proper disposition of such vehicle is authorized by the City.
9.COMMUNICATIONS
The Contractor shall provide a constant telephone answering service 24 hours a day,
seven days per week, for the purpose of receiving requests for service pursuant to this
Contract.
10.INSURANCE
During the term of this Contract, the Contractor shall secure and maintain all bonds and
insurance policies as will protect them from claims arising out of or as a result of
Contractor's operations under this Contract whether such operations be by Contractor or
by a Subcontractor or Sub-subcontractor or anyone directly or indirectly employed by any
one of them, or by anyone for whose acts any of them may be held liable. Approval of the
insurance by the City shall not in any way relieve or decrease the liability of Contractor
hereunder, and it is expressly understood that the City does not in any way represent that
the required insurance or liability limits hereunder are sufficient or adequate to protect
Contractor's liabilities, obligations or interests.
Contractor shall furnish City an Insurance Certificate in the form approved by the City's
Risk Assessment Manager and/or City Clerk. Any insurance agent for coverage required
by this Contract shall have in force and effect errors and omissions coverage in limits of
not less than $500,000 per occurrence and $500,000 aggregate. Contractor shall not
begin any work until the City has reviewed and approved the Insurance Certificates and
has so notified Contractor directly in writing. Notice to proceed shall be subject to such
approval of the City. Certificate of Insurance shall show that the required insurance is
currently in force, and providing that said coverage shall not be terminated or changed by
the Insurer except upon sixty (60) days prior written notice to the City. Failure to comply
with the provisions of this section shall au tomatically suspend this Contract until said
insurance provisions have been satisfied. A notice of insurance renewal shall be provided
to the City (30) days prior to the renewal date of this insurance or the annual anniversary
date of this Contract. Failure to provide the City with evidence of renewal shall
automatically suspend this Contract until satisfactory evidence of renewal is provided the
City. No policy shall contain any provisions for exclusion from liability other than the
provisions for exclusions from liability forming part of the standard, basic, unamended
and unendorsed form or policy, except no exclusion will be permitted if it conflicts with
the coverage expressly required by this Contract or which would conflict with or in any
way impair coverage under the Contractual coverage applying to this Contract.
Compliance by the Contractor with the foregoing requirements to carry insurance and
furnish certificates shall not relieve Contractor from liability assumed under any provision
of this Co ntract.
City council meeting of March 15, 2021 (Item No. 4d ) Page 8
Title: Vehicle towing and impound agreement and impound lot lease extension
11.LIABILITY
The Contractor will be liable for the loss of or damage to any impounded vehicle, including
equipment thereon, and any personal property or other contents, which loss or damage is
caused by the Contractor, its employees, agents or subcontractors. This liability would
take effect from the time the Contractor or the Contractor’s agent signs the receipt for
the vehicle provided by the Police Department or takes custody of the vehicle by hooking
or hoisting, whichever occurs first. The Contractor shall take all precautions necessary to
protect the public against injury, and will defend and hold the City harmless from all
damages and claims of damage that may arise by reasons of the towing and storage of
vehicles pursuant to this Contract.
12.INDEMNIFICATION
The Contractor shall indemnify and hold harmless the City and its agents and employees
from and against all claims, damages, losses and expenses including attorneys' fees, which
may be asserted against or incurred by the City or for which the City may be held liable
because of bodily injury including death at any time resulting therefrom, property damage
including loss of use thereof, economic loss of, or any other type of damage arising out of
the performance of this Contract by the Contractor, its employees, agents or
subcontractors.
13.EARLY TERMINATION
The City shall have the right to terminate this Contract in the event of breach thereof by
the Contractor, and a continuing breach shall not be deemed to be waived because it was
not followed by prompt termination. Upon breach of this Contract, neither party shall be
entitled to any administrative hearing to establish the fact of default or a party’s right to
terminate. Rather, all parties retain any and all rights at common law to obtain redress
for breach of this Contract. This Contract shall terminate, and neither party nor officer of
the City shall be liable for further performance after such termination if the Contract shall
become invalid by reason of any present or future law other than an ordinance of the City.
14.EXCUSE FOR PERFORMANCE
The work shall be done with resources which are adequate to insure the satisfactory
towing of vehicles under all adverse conditions. Weather, breakdown, and similar
hindrance which on other work might be regarded as "acts of providence" shall not apply
to relieve the Contractor of the responsibility for carrying out the work.
15.PERFORMANCE BOND
The Contractor shall execute and deliver to the City Clerk a letter of credit or a
performance bond executed by a corporate surety company authorized to do business in
the State of Minnesota in the sum of Twenty-Five Thousand and no/100 Dollars
($25,000.00) to secure the faithful performance of this Contract by said Contractor
conditioned upon that the Contractor shall well and truly perform and carry out the
City council meeting of March 15, 2021 (Item No. 4d ) Page 9
Title: Vehicle towing and impound agreement and impound lot lease extension
covenants, terms and conditions of this Contract in strict accordance with its provisions.
This Contract shall be subject to termination by the City at any time if said bond shall be
canceled or if the surety thereon is relieved from liability because of the Contractor's
failure to pay the premium or upon the occurrence of the expiration of the period of the
bond without renewal thereof.
16. SUCCESSORS AND ASSIGNS
The Contractor, its successors, executors, administrators, and assigns are bound jointly
and severally to the City in respect to all covenants of this Contract. The Contractor shall
not assign or transfer any part of the Contractor’s interest in this Contract, or sublet as a
whole, nor shall the Contractor assign any moneys due, or to become due, without the
City's prior written consent.
17. SALE AND/OR DISPOSAL OF VEHICLES
When the total of all charges for towing, storage and necessary additional charges equals
or exceeds the value of the vehicle impounded, the Contractor shall sell at sheriff's sale or
dispose of by any other legal means the said vehicle. In disposing of impounded vehicles,
the Contractor shall comply with the provisions of Minnesota Statute 168B.09, Subd. (1)
and (2) and any other applicable law. The Contractor shall report all transactions of sale
or disposal, and the proceeds received therefrom, to the Office of the City Manager within
two business days. The Contractor shall keep a record of all losses and profits from the
sale or disposal of said vehicles and report annually.
18. INDEPENDENT CONTRACTOR
At all times and for all purposes herein, the Contractor is an independent contractor and
not an employee of the City. No statement herein shall be construed so to find the
Contractor an employee of the City.
19. NON-DISCRIMINATORY PRACTICE
During the performance of this Contract, the Contractor shall not discriminate against any
employee or applicant for employment or other individual because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance,
disability, age, sexual preference, or any other basis prohibited by federal, state or local
law. The Contractor shall post in places available to employees and applicants for
employment, notices setting forth the provisions of this non-discrimination clause and
stating that all qualified applicants will receive consideration for employment. The
Contractor shall incorporate the foregoing requirements of this paragraph in all of its
subcontractors for program work, and will require all of its subcontractors for such work
to incorporate such requirements in all subcontractors for program work.
City council meeting of March 15, 2021 (Item No. 4d ) Page 10
Title: Vehicle towing and impound agreement and impound lot lease extension
20.AFFIRMATIVE ACTION
The Contractor recognizes that the City is an equal opportunity employer and agrees
during the life of this Contract to take affirmative action to provide equal employment
opportunity without regard to race, creed, color, national origin, age, sex, marital status,
sexual preference, physical or mental disability, membership or activity in a local
committee or status with respect to public assistance.
21.COMPLIANCE
In providing services pursuant to this Contract, Contractor shall abide by all statutes,
ordinances, rules, and regulations pertaining to the performance of this Contract. Failure
of the Contractor to comply with any of the obligations of this Contract shall constitute a
breach of the Contractor's obligations and shall entitle the City to terminate the Contract
and collect all damages, including the arrearages and all costs of collection including
reasonable attorneys’ fees.
22.RECORDS AVAILABILITY AND RETENTION
Pursuant to Minn. Stat. 16C.05, Subd. 4, Contractor agrees that the City, the State Auditor,
or any of their duly authorized representatives at any time during normal business hours
and as often as they may reasonably deem necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, records, etc.,
which are pertinent to the accounting practices and procedures of Contractor and involve
transactions relating to this Contract.
23.DATA PRACTICES
A ll data collected, created, received, maintained or disseminated or used for any purposes
in the course of this Contract by any party is governed by the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules
implementing such Act now in force or as adopted, as well as federal regulations on data
privacy.
24.N OTICES
All notices, requests, demands, and other communications hereunder shall be in writing
and shall be deemed given if personally delivered or mailed, certified mail, return receipt
requested, to the following addresses:
City council meeting of March 15, 2021 (Item No. 4d ) Page 11
Title: Vehicle towing and impound agreement and impound lot lease extension
If to City: City Manager
City of St. Louis Park
5005 Minnetonka Boulevard
St. Louis Park, MN 55416
With Copy to: St. Louis Park City Attorney
Campbell Knutson, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
If to Contractor: Bobby & Steve’s Auto World Eden Prairie, LLC
8100 Flying Cloud Drive
Eden Prairie, MN 55344
25.WHOLE AGREEMENT
This Contract embodies the entire agreement between the parties including all prior
understandings and agreements and may not be modified except in writing signed by
both parties.
EXECUTED as of the day and year first written above .
CITY OF ST. LOUIS PARK
By:
Tom Harmening, City Manager
CONTRACTOR:
By:
Its:
City council meeting of March 15, 2021 (Item No. 4d ) Page 12
Title: Vehicle towing and impound agreement and impound lot lease extension
LEASE EXTENSION
AGREEMENT (“Lease Extension”) made this _______ day of __________________, 2021
by and between CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (“City”), as Lessor
and the BOBBY & STEVE’S AUTO WORLD EDEN PRAIRIE, LLC , a Minnesota limited liability
corporation (“Auto World”) as Lessee.
W HEREAS, the parties entered into a Lease Agreement dated March 28, 2018 relating to
the lease of real property at 5100 Park Glen Road (“Water Tower Property”) (City Contract No.
44-18); and
W HEREAS, the Water Tower Property is scheduled to be temporarily unavailable for use
due to maintenance on the water tower; and
W HEREAS, contemporaneously with and as a condition of the execution of this Lease
Extension, Auto World is entering into a Vehicle Towing and Impounding Agreement Extension
with the City for a term of one (1) year (subject to early termination) (“City Towing Contract
Extension”); and
W HEREAS, the St. Louis Park Economic Development Authority (“EDA”) owns vacant
property located at 7250 State Highway 7, St. Louis Park, Minnesota 55426 as shown on Exhibit
“A” hereto and made a part hereof (“EDA Property”), which EDA Property has been proposed as
the temporary location of Auto World’s activities under this Lease Extension and the City Towing
Contract Extension (the Permitted Activities”); and
W HEREAS, the EDA has consented to this Lease Extension in the form of the Landowner
Consent attached to this Lease Extension and incorporated by reference (“EDA Consent”); and
W HEREAS, the parties desire to extend the term of the Lease by one (1) year.
N OW, THEREFORE, the parties agree as follows:
1.The term of the Lease Agreement shall be extended from March 31, 2021 to
March 31, 2022.
2.During such time as the Water Tower Property is unavailable for use by Auto
World, Auto World shall be authorized to carry out its Permitted Activities on the EDA Property
(the “EDA Property Term”); provided that Auto World shall vacate the EDA Property and resume
its Permitted Activities on the Water Tower Property no later than September 30, 2021, unless the
City notifies Auto World that additional time is required to complete the Water Tower Property
maintenance. In such event, the EDA Property Term shall be extended pursuant to such notice.
3.Auto World is responsible, at its expense, for installation, maintenance, and upkeep
of the EDA Property during the EDA Property Term, including, but not limited to fencing, lighting,
landscaping, and snowplowing. Auto World is also responsible, at its expense, for maintenance
and upkeep of the asphalt customer/employee parking areas and driveways into and out of the
City council meeting of March 15, 2021 (Item No. 4d ) Page 13
Title: Vehicle towing and impound agreement and impound lot lease extension
EDA Property including sweeping, snowplowing, patching, and seal coating. Auto World may use a
temporary trailer on the property for office usage.
4. Auto World accepts the EDA Property in its “as is” condition existing at the
commencement of the Lease term.
5. All references to the Water Tower Property in the Lease Agreement and in the City
Towing Contract Extension shall be references to the EDA Property during the EDA Property Term.
6. All other terms and conditions of the Lease Agreement shall remain in full force
and effect, including without limitation the requirement set forth in paragraph 7 of the Lease
Agreement that all vehicles and equipment must be parked inside the fence .
City council meeting of March 15, 2021 (Item No. 4d ) Page 14
Title: Vehicle towing and impound agreement and impound lot lease extension
BOBBY & STEVE’S AUTO WORLD
By:
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of
______________, 2021, by _____________________, the _________________ of Randy’s Bobby
& Steve ’s Auto World, LLC, a Minnesota limited liability partnership, on behalf of said partnership.
Notary Public
CITY OF ST. LOUIS PARK
By:
Jake Spano, mayor
By:
Thomas K. Harmening, city manager
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 2021,
by Jake Spano and Thomas K. Harmening, the Mayor and City Manager of the City of St. Louis Park,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
notary public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
City council meeting of March 15, 2021 (Item No. 4d ) Page 15
Title: Vehicle towing and impound agreement and impound lot lease extension
EXHIBIT A
Legal Description of Property
[7250 State Highway 7, St. Louis Park, MN 55426]
City council meeting of March 15, 2021 (Item No. 4d ) Page 16
Title: Vehicle towing and impound agreement and impound lot lease extension
LANDOWNER CONSENT
TO
LEASE OF EDA PROPERTY
TH E ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY , a public body corporate
and politic under the laws of the State of Minnesota (“Owner”) which owns certain real estate
located at 7250 State Highway 7, St. Louis Park, MN 55426 (“EDA Property”) and described as:
for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby join in, consent to, and is subject to the foregoing Lease Agreement
Extension.
ST LOUIS PARK ECONOMIC DEVELOPMENT
AUT HORITY
By: ____________________________________
Tim Brausen, its president
By: ___________________________________
Thomas K. Harmening, its executive director
City council meeting of March 15, 2021 (Item No. 4d ) Page 17
Title: Vehicle towing and impound agreement and impound lot lease extension
VEHICLE TOWING AND IMPOUNDING AGREEMENT EXTENSION
AGREEMENT made this _______ day of __________________, 2021 by and between CITY
OF ST. LOUIS PARK, a Minnesota municipal corporation (“City”), and BOBBY & STEVE’S AUTO
WORLD EDEN PRAIRIE, LLC , (“Contractor”).
WHEREAS, the parties entered into a Vehicle Towing and Impounding Agreement (“City
Towing Contract”) dated March 28, 2018 relating to the impounding services (City Contract No.
43-18); and
WHEREAS, the Water Tower Property is scheduled to be temporarily unavailable for use
due to maintenance on the water tower; and
WHEREAS, contemporaneously with and as a condition of the execution of this City Towing
Contract Extension, Contractor is entering into a Lease Extension with the City for a term of one (1)
year (subject to early termination) (“Lease Extension ”); and
WHEREAS, the St. Louis Park Economic Development Authority (“EDA”) owns vacant
property located at 7250 State Highway 7, St. Louis Park, Minnesota 55426 as shown on Exhibit
“A” of the Lease Extension (“EDA Property”), which EDA Property has been proposed as the
temporary location of Contractor’s activities under the Lease Extension and this City Towing
Contract Extension (the Permitted Activities”); and
WHEREAS, the EDA has consented to the Lease Extension in the form of the Landowner
Consent attached to the Lease Extension and incorporated therein by reference (“EDA Consent”);
and
WHEREAS, the parties desire to extend the term of the City Towing Contract by one (1)
year.
NOW, THEREFORE, the parties agree as follows:
1. The term of the City Towing Contract shall be extended from March 31, 2021 to
March 31, 2022.
2. During such time as the Water Tower Property is unavailable for use by
Contractor, Contractor shall be authorized to carry out its Permitted Activities on the EDA
Property (the “EDA Property Term”); provided that Contractor shall vacate the EDA Property and
resume its Permitted Activities on the Water Tower Property no later than September 30, 2021,
unless the City notifies Contractor that additional time is required to complete the Water Tower
Property maintenance. In such event, the EDA Property Term shall be extended pursuant to such
notice.
3. All other terms and conditions of the City Towing Contract and of the Parking Lot
Lease Agreement shall remain in full force and effect.
City council meeting of March 15, 2021 (Item No. 4d ) Page 18
Title: Vehicle towing and impound agreement and impound lot lease extension
BOBBY & STEVE’S AUTO WORLD
By:
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of
______________, 2021, by _____________________, the _________________ of Randy’s Bobby
& Steve ’s Auto World, LLC, a Minnesota limited liability partnership, on behalf of said partnership.
Notary Public
CITY OF ST. LOUIS PARK
By:
Jake Spano, mayor
By:
Thomas K. Harmening, city manager
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 2021,
by Jake Spano and Thomas K. Harmening, the Mayor and City Manager of the City of St. Louis Park,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
notary public
Meeting: City council
Meeting date: March 15, 2021
Consent agenda item: 4e
Executive summary
Title: Gambling premises permit – St. Louis Park Hockey Boosters
Recommended action: Motion to adopt Resolution approving issuance of a premises permit for
lawful gambling to be conducted by St. Louis Park Hockey Boosters at The Loop, 5331 West 16th
Street.
Policy consideration: Does the applicant meet the requirements to allow a lawful gambling
premises permit to be issued?
Summary: St. Louis Park Hockey Boosters has applied for a gambling premises permit to
conduct lawful gambling at The Loop, 5331 West 16th Street. Gambling activities to be available
include pull-tabs with dispensing device, electronic pull-tabs, and electronic linked bingo.
Chadwick Nicholls is the gambling manager for St. Louis Park Hockey Boosters and will oversee
the gambling operations at this location. St. Louis Park Hockey Boosters has been a long-time
partner with Bunny’s in St. Louis Park where they operate a similar gaming arrangement. Both
Chad and St. Louis Park Hockey Boosters are experienced in gambling operations and are
working with The Loop to make sure all gambling regulations are followed.
The police department has conducted a background investigation on the organization along
with related personnel and found no concerns. If the city council approved the application the
resolution of approval will be forwarded to the State Gambling Control Board, who is
responsible for issuing the gambling premises permit.
Financial or budget considerations: Not applicable.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
Prepared by: Chase Peterson-Etem, office assistant
Reviewed by: Melissa Kennedy, city clerk
Approve d by: Tom Harmening, city manager
City council meeting of March 15, 2021 (Item No. 4e ) Page 2
Title: Gambling premises permit – St. Louis Park Hockey Boosters
Resolution No. 21-____
Resolution approving issuance of a premises permit for lawful gambling
to be conducted by St. Louis Park Hockey Boosters at The Loop
5331 West 16th Street
Whereas, Minnesota Statutes Chapter 349 and St. Louis Park ordinance code chapter 15
provide for lawful gambling licensing by the State Gambling Control Board; and
Whereas, a licensed organization may not conduct lawful gambling at any site unless it
has first obtained from the State Gambling Control Board a premise permit for the site; and
Whereas, the Board may not issue a premises permit unless the organization submits a
resolution from the City Council approving the premises permit; therefore,
Now therefore be it resolved by the City of St. Louis Park City Council that the applicant
listed above meets the criteria necessary to receive a premises permit, and the application is
hereby approved.
Reviewed for administration: Adopted by the City Council March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: March 15, 2021
Consent agenda item: 4f
Executive summary
Title: Beltline SWLRT pedestrian improvements - approve final plans, specs, and authorize ad
for bid (4022-2000)
Recommended action:
• Motion to adopt Resolution approving the final plans and specifications and authorizing
bidding documents for the Beltline Blvd SWLRT pedestrian improvements (4022-2000).
• Motion to adopt Resolution restricting parking on the project segments and side stre ets.
• Motion to adopt Resolution approving agency agreement with MnDOT.
Policy consideration: Does the city council wish to pursue the installation of sidewalks and trails
connecting to the future Beltline Blvd SWLRT station area?
Summary: On Oct. 19, 2020, council approved the preliminary layout for the Beltline Blvd
SWLRT pedestrian improvements project. The layout includes pedestrian connections on
Ottawa Ave nue and Lynn Avenue in the Triangle neighborhood, and Beltline Boulevard in the
Wolfe Park ne ighborhood. The project will install 0.2 miles of new sidewalk and 1.0 mile of new
trail as well as curb extensions, street crossings, a one-way road conversion, and utility burial.
After the approval of final plans, staff will prepare bidding documents. Bid approval is expected
in May 2021 and construction is expected to begin in June and end in October 2021.
Financial or budget considerations: This project is included in the city’s 2021 Capital
Improvement Plan and will be paid for using federal funds and general obligation bonds. The
total cost estimate for the project is $1,627,838. Federal funding in the amount of $560,000 will
be used to offset a portion of the construction costs. Details on the project cost and funding are
discussed later in this report.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
2021 overall financial summary
Resolutions 88-182 and 17-066
Resolution s for authorizing bidding documents, parking restrictions ,
and agency agreement
Oct. 19, 2020 council action (pgs. 139 – 147)
Jan. 4, 2021 council action (pgs. 86 – 89)
Prepared by: Ben Manibog, transportation engineer
Reviewed by: Debra Heiser, engineering director
Approve d by: Tom Harmening, city manager
City council meeting of March 15, 2021 (Item No. 4f) Page 2
Title: Beltline SWLRT pedestrian improvements - approve final plans, specs, and authorize ad for bid (4022-2000)
Discussion
Purpose: The purpose of the Beltline Blvd SWLRT pedestrian improvements project is to
complete gaps in the pedestrian network and provide safer and more comfortable connections
to the future Beltline Blvd southwest light rail transit (SWLRT) station. The street segments
(Beltline Boulevard , Ottawa Ave nue , and Lynn Avenue) are within comfortable walking/rolling
distance from the Beltline Blvd station.
The project also intends to either remove or mitigate barriers to access the pedestrian network.
The largest barrier in accessing the station area is County Road 25, a four-lane highway that
expands to six lanes at Beltline Blvd. Additional barriers include utility poles obstructing
sidewalks and lack of separation between vehicles and pedestrian users.
Project scope : The sidewalks and trail associated with this project are considered a retrofit
project that utilize s the existing right of way to add more connected pedestrian infrastructure
to a future light rail station. The approved design for the segments are:
• Ottawa Avenue from Minnetonka Boulevard to County Road 25:
o Remove west sidewalk and install a multi-use trail, narrowing Ottawa Avenue
o Replace sections of the existing sidewalk on the east side to meet ADA
requirements and repair broken panels
o Curb exte nsion on west approach of 31st Street
o Curb extension and removal of median on west approach of N County Road 25
Service Road
o Surmountable curbs
o Removal of on-street parking
• Lynn Avenue from Minnetonka Boulevard to N County Road 25 Service Road:
o Wide n sidewalk along west side
o Complete sidewalk along east side
o Converted to one-way southbound vehicle traffic
o Curb extensions for each approach at N County Road 25 Service Road
intersection
o Pedestrian/bicycle connection to cross County Road 25
The intersection of County Road 25 at Lynn Avenue will be signalized with
SWLRT construction.
o Surmountable curbs
o On-street parking moved from east side to west side of Lynn Avenue
• Beltline Boulevard from Park Glen Road to 36th Street:
o Install multi-use trail along the west side with boulevard and trees
o Pedestrian/bicycle crossing at 35th Street
This element will be completed by the Beltline Bikeway project (4021-
2000) scheduled for implementation in 2021.
In addition to these approved elements, we have been discussing with Xcel Energy the
possibility of removing four Xcel-owned utility poles along the west side of Lynn Avenue and
burying the lines. There is one utility pole, owned by Lumen (CenturyLink) at 3016 Lynn Avenue,
City council meeting of March 15, 2021 (Item No. 4f) Page 3
Title: Beltline SWLRT pedestrian improvements - approve final plans, specs, and authorize ad for bid (4022-2000)
which must remain in place to meet the federal schedule deadlines for bidding this project.
Removing these utility poles would improve sidewalk snow removal and aesthetics. Removing
the four Xcel utility poles is estimated to cost $101,200, including the connection to each home,
apartment building, and business. This cost carries a 10% contingency.
Traffic and parking resolutions: By implementing this project, parking restrictions will be
changed to reflect the approved design on Ottawa Ave nue, Lynn Ave nue , N County Road 25
Service Rd, and 31st St reet. The attached resolution removes existing parking on Ottawa
Avenue (rescinding Resolution 88-182), moves parking on Lynn Avenue to the west side
(rescinding Resolution 17-066), establishes Lynn Avenue as a one -way southbound road, and
clarifyin g parking restrictions near curb extensions.
Agency agreement: This project’s use of federal funding requires several procedural approvals
and sign -offs by the State of Minnesota (MnDOT) and Federal Highway Administration (FHWA)
prior to advertising for bids.
The Agency Agreement between the City of St. Louis Park and MnDOT is one of these
approvals. The agreement is similar and consistent with agreements for other projects that the
city has e xecuted with MnDOT in the past. Essentially, the agreement defines the
responsibilities of MnDOT and the city regarding funding. Federal funds of up to $560,000 are
available for this project. These funds are pay-as-you-go and will be passed to the city through
MnDOT in fiscal year 2024.
Financial considerations: A combination of general obligation (GO) bonds and federal funding
are expected to be utilized to pay for this project. The updated engineer’s estimate is shown in
the table below.
CIP Engineer's
estimate
Construction cost $1,299,350 $902,413
Engineering and administration $324,837 $398,115
Right of way $0 $235,110
Utility undergrounding $0 $101,200
Total $1,624,187 $1,636,838.00
Funding sources
Federal funds $560,000 $560,000
General Obligation bonds $1,064,187 $1,067,838
Total $1,624,187 $1,627,838
The engineer’s estimate is $3,651.00 more than the CIP estimate . Final numbers will depend on
bids received.
A ttached 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.
City council meeting of March 15, 2021 (Item No. 4f) Page 4
Title: Beltline SWLRT pedestrian improvements - approve final plans, specs, and authorize ad for bid (4022-2000)
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 term. 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 was discussed during the 2021 budget process and will be discussed again during
the upcoming 2022 budget process.
Operations and maintenance costs: This project creates new city infrastructure such as
sidewalks, trails, and striping. This new infrastructure will require an increase to the operation
and recreation (O&R) budget in 2022 totaling $2,700 to cover their maintenance.
The new crosswalk markings have an expected lifespan of 7 years. To account for the new
blocks, an additional $1,300 should be added to the O&R budget per year. Snow removal on the
1.2 miles of new sidewalk or trail will be operated by the city. An additional $1,400 should be
added to the O&R budget per year to cover the cost for staff time and equipment maintenance.
Schedule and next steps: Staff will bring construction bids back to council in May for approval.
The project is expected to start construction in June and take approximately five months to
complete.
Approve final plans and order ad for bid March 15, 2021
Bid award May 2021
Construction June – Oct. 2021
Overall financial summary
Table 1 shows the actual costs for the projects that the city council has authorized for bidding or has awarded. The highlighted $734,055 is the budget amount
left after the project costs in the table. We have two projects remaining in 2021 with a budget estimate of $238,588 for those projects. We are on track to be
under budget in total for our 2021 transportation and maintenance projects .
City council meeting of March 15, 2021 (Item No. 4f)
Title: Beltline SWLRT pedestrian improvements - approve final plans, specs, and authorize ad for bid (4022-2000) Pag e 5
City council meeting of March 15, 2021 (Item No. 4f) Page 6
Title: Beltline SWLRT pedestrian improvements - approve final plans, specs, and authorize ad for bid (4022-2000)
Resolution No. 21-____
Approving the final plans and authorizing bidding for Beltline Blvd SWLRT
pedestrian improvements; project no. 4022-2000
Whereas, the City Council of the City of St. Louis Park has received a report from the
Project Manager related to the Beltline Blvd SWLRT pedestrian improvements No. 4022-2000
on Oct. 19, 2020; and,
Whereas, at the same October meeting, the preliminary layout was approved and final
plans were ordered to be developed; and,
Whereas, 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 by the City Council of the City of St. Louis Park, Minnesota,
that:
1. The final plans and specifications to construct these improvements, as prepared under
the direction of the Project Manager, or designee, are approved.
2. The City Clerk shall prepare and cause to be inserted at least two weeks in the official
City newspaper and in relevant industry publications an advertisement for bids for the
making of said improvements under said-approved plans and specifications. The
advertisement shall appear not less than ten (10) days prior to the date and time bids
will be received electronically by t he Project Manager and accompanied by a bid bond
payable to the City for five (5) percent of the amount of the bid. The electronic bids
will only be available to view after the bids are closed and the City receives the
passcode from the bidding host site.
3. The Project Manager, or designee, shall report the receipt of bids to the City Council
shortly after the opening date. The report shall include a tabulation of the bid results
and a recommendation to the City Council.
Reviewed for administration: Adopted by the City Council March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
City council meeting of March 15, 2021 (Item No. 4f) Page 7
Title: Beltline SWLRT pedestrian improvements - approve final plans, specs, and authorize ad for bid (4022-2000)
Resolution No. 21-____
Authorizing installation of parking restrictions on Ottawa Ave, Lynn Ave , and
side streets in the Triangle neighborhood and designating Lynn Ave as one -way
southbound road.
Whereas, the City Council of the City of St. Louis Park has received a report from the
Project Manager related to the Beltline Blvd SWLRT pedestrian improvements No. 4022-2000
on Oct. 19, 2020; and,
Whereas, at the same October meeting, the preliminary layout was approved and final
plans were ordered to be developed; and,
Whereas, the City of St. Louis Park, Minnesota has studied and determined that it is
appropriate to install parking restrictions on Ottawa Ave , Lynn Ave, 31st St, and the north
County Road 25 Service Rd in the Triangle neighborhood; and,
Whereas, the City of St. Louis Park, Minnesota has studied and determined that it is
appropriate to convert Lynn Avenue to one-way southbound traffic from Minnetonka
Boulevard to the north County Road 25 Service Road; and,
Whereas, 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 by the City Council of the City of St. Louis Park, Minnesota,
that the following are rescinded:
• Resolution 88-182 (timed parking restrictions on the east side of Ottawa Ave)
• Resolution 17-066 (parking restrictions on Lynn Ave)
It is further resolved by the City Council of the City of St. Louis Park, Minnesota, that the
engineering director is hereby authorized to:
1. Install all-day parking restrictions on both sides of Ottawa Avenue from the south
right of way line of Minnetonka Boulevard to County Road 25.
2. Install all-day parking restrictions on both sides of the north County Road 25
Service Road from the west right of way line of Natchez Avenue to the east right of
way line of Ottawa Avenue.
3. Install all-day parking restrictions on both sides of 31st Street from the west right
of way line of Ottawa Avenue to 30 feet west of the west right of way line of
Ottawa Avenue.
4. Install all-day parking restrictions on the both side s of the north County Road 25
Service Road from 40 feet west of the west right of way line of Lynn Avenue to 55
feet east of the east right of way line of Lynn Avenue.
5. Install all-day parking restrictions on the east side of Lynn Avenue from the south
right of way line of Minnetonka Boulevard to the north right of way line of the
north County Road 25 Service Road.
City council meeting of March 15, 2021 (Item No. 4f) Page 8
Title: Beltline SWLRT pedestrian improvements - approve final plans, specs, and authorize ad for bid (4022-2000)
6. Establish one -way southbound traffic on Lynn Avenue from Minnetonka Boulevard
to the north County Road 25 Service Road.
Reviewed for administration: Adopted by the City Council March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
City council meeting of March 15, 2021 (Item No. 4f) Page 9
Title: Beltline SWLRT pedestrian improvements - approve final plans, specs, and authorize ad for bid (4022-2000)
Resolution No. 21-____
Resolution appointing the Commissioner of Transportation
as Agent of St. Louis Park to receive and disburse transportation
related federal funds in connection with
Beltline Blvd SWLRT pedestrian improvements project
(city project 4022-2000, SP 163-291-008 and 163-080-003, TA 2721 (157)
Whereas, the City of St. Louis Park will begin construction of the Beltline Blvd SWLRT
pedestrian improvement project prior to the year it is designated in the STIP; and
Whereas, MnDOT has requested that the city enter into an agreement to appoint MnDOT
as the city’s agent to receive and disburse transportation related federal funds,
Now therefore be it resolved that pursuant to Minnesota Stat. Sec. 161.36, the
Commissioner of Transportation be appointed as Agent of St. Louis Park to accept as its agent,
federal aid funds which may be made available for eligible transportation related projects.
It is further resolved the mayor and the city manager are hereby authorized and directed
for and on behalf of St. Louis Park to execute and enter into an agreement with the
Commissioner of Transportation prescribing the terms and conditions of said federal aid
participation as set forth and contained in “Minnesota Department of Transportation MnDOT
Contract Number 1045869,” a copy of which said agreement was before the city council and
which is made a part hereof by reference.
Reviewed for administration: Adopted by the City Council March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: March 15, 2021
Consent agenda item: 4g
Executive summary
Title: Accept donation to operations and recreation department
Recommended action: Motion to adopt Resolution approving acceptance of a $30 donation
from Rebekah Foreman for park enhancements or program needs at Westwood Hills Nature
Center.
Policy consideration: Does the city council wish to accept this gift with restrictions on its 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.
Rebekah Foreman graciously donated $30 to Westwood Hills Nature Center. The donation is
given with the restriction that it be used for park enhancements or program needs at
Westwood Hills Nature Center.
Financial or budget considerations: This donation will be used for park enhancements or
program needs at Westwood Hills Nature Center.
Strategic priority consideration: St. Louis Park is committed to continue to lead in
environmental stewardship.
Supporting documents: Resolution
Prepared by: Carrie Mandler, secretary program aide
Reviewed by: Mark Oestreich, Westwood Hills Nature Center manager
Cynthia S. Walsh, director of operations and recreation
Approve d by: Tom Harmening, city manager
City council meeting of March 15, 2021 (Item No. 4g) Page 2
Title: Accept donation to operations and recreation department
Resolution No. 21-____
Resolution approving acceptance of a donation in the amount of $30 to be used
for park enhancements or program needs at Westwood Hills Nature Center
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, Rebekah Foreman donated $30.
Now therefore be it resolved by the City Council of the City of St. Louis Park that the gift
is hereby accepted with thanks to Rebekah Foreman with the understanding that it must be
used for park enhancements or program needs at Westwood Hills Nature Center.
Reviewed for administration: Adopted by the City Council March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: March 15, 2021
Consent agenda item: 4h
Executive summary
Title: 2021 LELS Local #206 Police Officers Labor Agreement
Recommended action: Motion to adopt Resolution approving labor agreement between the
city and the police officer’s employee bargaining group, establishing terms and conditions of
employment for one year, from Jan. 1, 2021 – Dec. 31, 2021.
Policy consideration: Does council approve the labor agreement between the city and the
union?
Summary: Staff has been in active negotiations with police officers since late 2020. We are
pleased to bring this one -year contract to council for approval. Items listed follow the
approved compensation plans, budget discussions, and is for one -year, effective Jan. 1, 2021 –
Dec. 31, 2021. Our discussions in negotiation were productive and resulted in this agreement.
Of our five bargaining groups, dispatchers were previously settled for 2021 with a multi-year
contract, and sergeants and local 49 maintenance employees have settled a one -year contract.
Firefighters are the remaining contract in active negotiations for 2021.
Financial or budget considerations: The amount recommended has been included in the 2021
budget.
Strategic priority consideration: Not applicable.
Supporting documents: Discussion
Resolution
Prepared by: Ali Timpone, HR manager
Reviewed by: Nancy Deno, deputy city manager/HR director
Approve d by: Tom Harmening, city manager
City council meeting of March 15, 2021 (Item No. 4h ) Page 2
Title: 2021 LELS Local #206 Police Officers Labor Agreement
Discussion
Background: The city and the police officer union group have negotiated and come to agreement
on the following changes to the contract:
• Duration of one year (Jan. 1, 2021 – Dec. 31, 2021).
• Wage increase of 2% for 2021.
• The step scale for pay increases to reach max pay has been shortened from 12 years to 8
years.
− Comment: Faster advancement through the pay steps will help attract and retain skilled
officers. The shortened span of time from minimum pay to max imum pay also aligns
with our compensation plan for other groups.
• Adding the designation of Mobile Field Force to the annual supplemental pay category that
includes SWAT members and Crisis Negotiators. Mobile Field Force is a new designation
that ensures regional response to public safety crowd management needs. The pay amount
is unchanged at $365/year for those assigned to this work.
• Employer contribution for benefits are the same as other groups for 2021.
• Add double time for all hours worked on two premium holidays (Thanksgiving Day and
Christmas Day).
− Comment: Pre viously, double time was only paid on these days if the employee was
called in to work unscheduled overtime. This is consistent with what is provided to
sergeants and local 49 maintenance employees.
Next steps: Staff recommends approval. All items noted above are included within the 2021
budget. The proposed contract is on file with the city clerk. More detail is available upon
request.
City council meeting of March 15, 2021 (Item No. 4h ) Page 3
Title: 2021 LELS Local #206 Police Officers Labor Agreement
Resolution No. 21-____
Resolution approving labor agreement between
the City of St. Louis Park an d
Law Enforcement Labor Services (LELS) Local #206 Police Officers
Jan. 1, 2021 – Dec . 31, 2021
Whereas, the city and the union have reached a negotiated settlement covering the
terms and conditions of a labor agreement as permitted by the State of Minnesota Public
Employees Labor Relations Act, and
Whereas, the city council may enter into such agreements as authorized by its charter;
Now therefore be it resolved by the City Council of the City of St. Louis Park that the
mayor and city m anager are authorized to execute a collective bargaining agreement, city
contract #______ between the City of St. Louis Park and LELS Local #206 Police Officers,
effective Jan. 1, 2021 – Dec. 31, 2021.
Reviewed for administration: Adopted by the City Council March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: March 15 , 2021
Consent agenda item: 4i
Official minutes
Planning commission
St. Louis Park, Minnesota
January 20, 2021, 6 p.m.
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
1.Call to order – roll call
2.Approval of minutes – Jan. 6, 2021
Commissioner Beneke made a motion to approve the minutes. Commissioner Weber
seconded the motion, and the motion passed on a vote of 6-0.
3.P ublic Hearings
A.Sign zoning code amendments – 10 West End
Applicant: Audrey Janzen
Case Nos: 20-30-ZA
G ary Morrison, assistant zoning administrator, presented the staff report.
Mr. Walther stated this application was initiated by Excelsior Group to amend the
zoning code related to signs.
Commissioner Kraft asked if the city allows signage anywhere except the roof. Mr.
Morrison stated yes, signage is allowed on walls and wall signs may extend up to 10%
above a parapet or roof line, as well as ground mounted signs.
Commissioner Beneke asked if a wall is around a rooftop terrace, is it called a wall if it is
above the roofline. Mr. Morrison stated a parapet wall would be allowed to have
signage.
Commissioner Weber stated the language seems to be related to safety. He asked if
safety was the concern fo this ban or was this the reason used and was council more
concerned with the aesthetic side. Mr. Morrison stated safety was the reason, and
aesthetics were not found in the ordinance as a reason.
The applicant, Mr. Culp, spoke on behalf of Excelsior Group. He gave background and
history on the project.
Page 2 City council meeting of March 15, 2021 (Item No. 4i)
Title: Planning commission meeting minutes January 20, 2021
Commissioner Kraft asked if they always planned to put the sign on the screen wall and
then realized it was not allowed. Mr. Culp stated yes, that is correct. He stated they
were working with Ryan Companies when this was submitted, and they realize code
overrides all, but that it was not a secret.
Commissioner Weber asked if the sign is for a tenant or for the name of the
development. Mr. Culp stated it is for a tenant.
Commissioner Weber asked if the tenant would cancel if they do not get the sign. Mr.
Culp stated he did not believe so.
Ms. Janzen added this tenants sign would not work with what they wanted. Mr. Culp
added by amending the zoning code, there would be better results, but no material
change.
Commissioner Weber stated the sign at the Verge does not look that different
aesthetically and asked what the difference is.
M r. Morrison stated the wall material is differen t and it is a wall with occupied space
behind it and a roof. If this is adopted city-wide, others would be able to take advantage
of the ordinance and then signs could be placed on the rooftop in various locations
around the city. He stated the way the ordinance is drafted now allowing signs on
parapet walls is the only way to allow signs on the roof screen.
Mr. Culp agreed with Mr. Morrison and the subjectivity about the draft sign ordinance.
He stated signs are a big part about getting tenants. He noted they could have made the
parapet wall higher to accommodate the signage and use a material that is used across
the rest of the building if they had known this would be a problem.
Chair Eckholm opened the public hearing.
There were not callers on the line.
The Chair closed the public hearing.
Commissioner Beneke stated he did not think this ordinance could be approved since it
is so subjective. He stated he would vote against this adding he thought the commission
could discuss this further at a later date in more depth.
Chair Eckholm stated the way this is written, it is too broad for him to support. He
encouraged the applicant to bring something else back to staff.
Page 3 City council meeting of March 15, 2021 (Item No. 4i)
Title: Planning commission meeting minutes January 20, 2021
Commissioner Weber stated this development is up against two major highways and the
marketing there does make sense, but he added the residential around there may or
may not see the sign. He added he does not want to give up on this idea yet, and
possibly the wording should be rewritten.
Commissioner Kraft added her hesitation is the current ordinance is very broad and
subjective and should be rewritten. She added if we are interested in allowing this, it
would need to be less subjective and she would deny this tonight.
Chair Eckholm made a motion, Commissioner Weber seconded, recommending tabling
this issue while staff works on the ordinance language that works best for the city and
the applicant.
The motion passed on a vote of 6-0.
B.I-G General Industrial zoning code amendments
Applicant: Mary Loeffelholz
Case Nos: 20-37-ZA
G ary 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 expire 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 the conditions referring to 500 feet distance from residential 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 in the newspaper legal
notices and it becomes effective 15 days after publication.
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.
Page 4 City council meeting of March 15, 2021 (Item No. 4i)
Title: Planning commission meeting minutes January 20, 2021
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.
4.Other Business
4a. SLP Living – final plat of A.P.H.A. Addition
Applicant: Mortenson Development, Inc.
Case No: 20-32-CP, 20-33-S, 20-34-PUD
Ms. Kramer presented the staff report.
Commissioner Weber made a motion, Commissioner Beneke seconded, recommending
approval of the SLP Living final plat of A.P. H. A. Addition.
The motion passed on a vote of 6-0.
5.Communications
Mr. Walther stated the February 3rd meeting will be cancelled and the tabled item will
be brought back to February 24, 2021 meeting.
Mr. Walther added the city is still seeking candidates for a position on the planning
commission and applications are being accepted through February 28. He added
Commissioner Kraft and Eckholm’s terms are expiring and they would have to reapply to
continue to serve on the commission. He also noted those interested in applying can
contact Ms. Maria Solano in the city offices.
Mr. Walther ad ded a report from the commission on home -based businesses was sent
to the city council and staff will discuss this further with them at the February 8, 2021
city council study session.
6.Adjournment
The meeting was adjourned at 7:15 p.m.
Meeting: City council
Meeting date: March 15, 2021
Action agenda item: 8a
Executive summary
Title: General Obligation Bonds, Series 2021A
Recommended action: Motion to adopt Resolution awarding the sale of Charter General
Obligation (G.O.) Bonds, Series 2021A.
Policy consideration: Does the city council wish to accept the lowest bid for the sale of the
Charter G.O. Bonds, Series 2021A?
Summary: At the Feb. 16, 2021 council meeting , council authorized the sale of the 2021A
Charter G.O. bonds.
The charter G.O. bonds of $12,385,000 will fund the current year sidewalk and trails projects
(pavement management), Beltline pedestrian improvements, Park improvement fund and
Louisiana Bridge projects .
On March 3, 2021 Standard and Poor’s (S&P) affirmed the Cities AAA credit rating.
The competitive bids for the bonds will be received and tabulated by the city’s municipal
advisor, Ehlers and Associates, Inc. on Monday March 15th at 11:30am. Ehlers will present the
competitive bids received and recommendation to the city council at the March 15, 2021 city
council meeting. The bond resolution will be filled out with the final bond sale information
received on Monday.
Financial or budget considerations: The proposed bond issues will be consolidated into one for
potential inves tors to bid. The G.O. Bonds will have a term of 10 years, 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 estimated True Interest Cost (TIC) ranging from 1.20%-1.56%.
Strategic priority consideration:
•St. Louis Park is committed to continue to lead in environmental stewardship.
•St. Louis Park is committed to providing a variety of options for people to make their
way around the city comfortably, safely and reliably.
Ne xt steps: Tentatively on April 15, 2021, close on bonds, no council action required.
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 March 15, 2021 (Item No. 8a) Page 2
Title: General Obligation Bonds, Series 2021A
Resolution No. 21-____
A resolution awarding the sale of G eneral Obligation Bonds,
Series 2021A, in the original aggregate principal amount of
$_________; fixing their form and specifications; directing their
execution and delivery; and providing for their payment
Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park,
Hennepin County, Minnesota (the “City”) as follows:
Se ction 1. Sale of Bonds.
1.01. Authorization .
(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 the construction of various park
improvements, the City’s 2021 pavement management projects, and the construction
of the Louisiana Avenue Bridge and Beltline pedestrian improvements (the “Capital
Projects”).
(c)The City Council finds it necessary and expedient to the sound financial
management of the affairs of the City that the City issue its General Obligation Bonds,
Series 2021A (the “Bonds”), in the original aggregate principal amount of $_________,
pursuant to the Act and the City Charter, in order to provide financing for the Capital
Projects.
(d)On February 16, 2021, the City Council adopted a resolution authorizing
the issuance of the Bonds. The Authorizing Resolution was approved by a vote of at
least six (6) members of the City Council.
(e)The City is authorized by Section 475.60, subdivision 2(9) of the Act to
negotiate the sale of the Bonds, it being determined that the City has retained an
independent municipal advisor in connection with such sale. The actions of the City staff
and municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in
all aspects.
1.02. Award to the Purchaser and Interest Rates. A tabulation of proposals received is
attached hereto as Exhibit A. The proposal of ________________________ (the “Purchaser”) to
purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby
accepted, the proposal being to purchase the Bonds at a price of $____________ (par amount of
$_________, [plus original issue premium of $_________,] [less original issue discount of
City council meeting of March 15, 2021 (Item No. 8a) Page 3
Title: General Obligation Bonds, Series 2021A
$_________,] less underwriter’s discount of $__________), plus accrued interest, if any, to date of
delivery for Bonds bearing interest as follows:
Year Interest Rate Year Interest Rate
2023 % 2031 %
2024 2032
2025 2033
2026 2034
2027 2035
2028 2036
2029 2037
2030 2038
True interest cost: ______________%
1.03. Purchase Contract. The amount proposed by the Purchaser in excess of the
minimum bid shall be credited to the Debt Service Fund hereinafter created or deposited in the
Construction Fund hereinafter created, as determined by the Chief Financial Officer of the City in
consultation with the City’s municipal advisor. The good faith deposit of the Purchaser shall be
retained and deposited until the Bonds have been delivered and shall be deducted from the
purchase price paid at settlement. The Mayor and City Manager are directed to execute a contract
with the Purchaser on behalf of the City.
1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell
the Bonds pursuant to the Charter and the Act, in the total principal amount of $_________,
originally dated April 15, 2021, in the denomination of $5,000 each or any integral multiple
thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on
February 1 in the years and amounts as follows:
Year Amount Year Amount
2023 $ 2031 $
2024 2032
2025 2033
2026 2034
2027 2035
2028 2036
2029 2037
2030 2038
1.05. Optional Redemption. The City may elect on February 1, 2030, and on any day
thereafter to prepay Bonds due on or after February 1, 2031. Redemption may be in whole or in
part and if in part, at the option of the City and in such manner as the City will determine. If less
than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in
Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by
lot the amount of each participant’s interest in such maturity to be redeemed and each participant
City council meeting of March 15, 2021 (Item No. 8a) Page 4
Title: General Obligation Bonds, Series 2021A
will then select by lot the beneficial ownership interests in such maturity to be redeemed.
Prepayments will be at a price of par plus accrued interest.
[TO BE COMPLETED IF TERM BONDS ARE REQUESTED 1.06. Mandatory Redemption;
Term Bonds. The Bonds maturing on February 1, 20____ and February 1, 20____ shall hereinafter
be referred to collectively as the “Term Bonds.” The principal amount of the Term Bonds subject
to mandatory sinking fund redemption on any date may be reduced through earlier optional
redemptions, with any partial redemptions of the Term Bonds credited against future mandatory
sinking fund redemptions of such Term Bond in such order as the City shall determine. The Term
Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus
accrued interest on February 1 of the following years and in the principal amounts as follows:]
Sinking Fund Installment Date
February 1, 20___ Term Bond Principal Amount
____________________
* Maturity
February 1, 20___ Term Bond Principal Amount
____________________
* Maturity
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated
as of the date of authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case the Bond will be dated as of the date of original issue. The interest on
the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2022, to
the registered owners of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not such day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto are as follows:
City council meeting of March 15, 2021 (Item No. 8a) Page 5
Title: General Obligation Bonds, Series 2021A
(a) Register. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will authenticate and deliver,
in the name of the designated transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the transferor. The Registrar may,
however, close the books for registration of any transfer after the fifteenth day of the month
preceding each interest payment date and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the
owner’s attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name a Bond is registered in the bond register as the absolute owner of the Bond,
whether the Bond is overdue or not, for the purpose of receiving payment of, or on account
of, the principal of and interest on the Bond and for all other purposes, and payments so
made to a registered owner or upon the owner’s order will be valid and effectual to satisfy
and discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for
any tax, fee or other governmental charge required to be paid with respect to the transfer
or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated
or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount,
number, maturity date and tenor in exchange and substitution for and upon cancellation of
the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost,
upon the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the
City council meeting of March 15, 2021 (Item No. 8a) Page 6
Title: General Obligation Bonds, Series 2021A
Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of
the ownership thereof, and upon furnishing to the Registrar an appropriate bond or
indemnity in form, substance and amount satisfactory to it and as provided by law, in
which both the City and the Registrar must be named as obligees. Bonds so surrendered to
the Registrar will be cancelled by the Registrar and evidence of such cancellation must be
given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or
been called for redemption in accordance with its terms it is not necessary to issue a new
Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption,
notice thereof identifying the Bonds to be redeemed will be given by the Registrar by
mailing a copy of the redemption notice by first class mail (postage prepaid) to the
registered owner of each Bond to be redeemed at the address shown on the registration
books kept by the Registrar and by publishing the notice if required by law. Failure to give
notice by publication or by mail to any registered owner, or any defect therein, will not
affect the validity of the proceedings for the redemption of Bonds. Bonds so called for
redemption will cease to bear interest after the specified redemption date, provided that
the funds for the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services
Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are
authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon
merger or consolidation of the Registrar with another corporation, if the resulting corporation is a
bank or trust company authorized by law to conduct such business, the resulting corporation is
authorized to act as successor Registrar. The City agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The City reserves the right to remove the
Registrar upon thirty (30) days’ notice and upon the appointment of a successor Registrar, in which
event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor
Registrar and must deliver the bond register to the successor Registrar. On or before each principal
or interest due date, without further order of the City Council, the Chief Financial Officer must
transmit to the Registrar moneys sufficient for the payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the City Manager and executed on behalf of the City by the signatures of the Mayor
and the City Manager, provided that those signatures may be printed, engraved or lithographed
facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears
on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile
will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in
office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any
purpose or e ntitled to any security or benefit under this resolution unless and until a certificate of
authentication on the Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be
signed by the same representative. The executed certificate of authentication on a Bond is
conclusive evidence that it has been authenticated and delivered under this resolution. When the
Bonds have been so prepared, executed and authe nticated, the City Manager will deliver the same
to the Purchaser upon payment of the purchase price in accordance with the contract of sale
City council meeting of March 15, 2021 (Item No. 8a) Page 7
Title: General Obligation Bonds, Series 2021A
heretofore made and executed, and the Purchaser is not obligated to see to the application of the
purchase price.
Section 3. Form of Bond.
3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially
the form set forth in Exhibit B.
3.02. Approving Legal Opinion. The City Manager is authorized and directed to obtain
a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis,
Minnesota, and cause the opinion to be printed on or accompany each Bond.
Section 4. Payment; Security; Pledges and Covenants.
4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Bonds,
Series 2021A Debt Service Fund (the “Debt Service Fund”) hereby created. The Debt Service Fund
shall be administered and maintained by the Chief Financial Officer as a bookkee ping account
separate and apart from all other funds maintained in the official financial records of the City. The
Chief Financial Officer shall timely deposit in the Debt Service Fund the ad valorem taxes
hereinafter levied (the “Taxes”), which Taxes are pledged to the Debt Service Fund. There is also
appropriated to the Debt Service Fund (i) capitalized interest financed with proceeds of the Bonds;
and (ii) amounts over the minimum purchase price paid by the Purchaser, to the extent
designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof.
4.02. Construction Fund. The City hereby creates the General Obligation Bonds,
Series 2021A Construction Fund (the “Construction Fund”). Proceeds of the Bonds, less the
appropriations made in Section 4.01, together with Taxes and any other funds appropriated for the
Capital Projects collected during the construction of the Capital Projects, will be deposited in the
Construction Fund to be used solely to defray expenses of the Capital Projects and the payment of
principal and interest on the Bonds prior to the completion and payment of all costs of the Capital
Projects. When the Capital Projects are completed and the cost thereof paid, the Construction Fund
is to be closed and any funds re maining may be deposited in the Debt Service Fund.
4.03. General Obligation Pledge. For the prompt and full payment of the principal of and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City will be and are hereby irrevocably pledged. If the balance in the Debt Service
Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other
bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of
the City which are available for such purpose, and such general fund may be reimbursed with or
without interest from the Debt Service Fund when a sufficient balance is available therein.
4.04. Pledge of Taxes. For the purpose of paying the principal of and interest on the
Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable
property in the City, which will be spread upon the tax rolls and collected with and as part of
other general taxes of the City. The Taxes will be credited to the Debt Service Fund above
provided and will be in the years and amounts as attached hereto as Exhibit C.
City council meeting of March 15, 2021 (Item No. 8a) Page 8
Title: General Obligation Bonds, Series 2021A
4.05. Certification to Taxpayer Services Division Manager as to Debt Service Fund
Amount. It is hereby determine d that the estimated collection of the foregoing Taxes will produce
at least five percent (5%) in excess of the amount needed to meet when due the principal and
interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds
are paid, provided that at the time the City makes its annual tax levies the Chief Financial Officer
may certify to the Taxpayer Services Division Manager of Hennepin County, Minnesota (the
“Taxpayer Services Division Manager”) the amount available in the Debt Service Fund to pay
principal and interest due during the ensuing year, and the Taxpayer Services Division Manager
will thereupon reduce the levy collectible during such year by the amount so certified.
4.06. Registration of Resolution. The City Manager is authorized and directed to file a
certified copy of this resolution with the Taxpayer Services Division Manager and to obtain the
certificate required by Section 475.63 of the Act.
Section 5. Authentication of Transcript.
5.01. City Proce edings and Records. The officers of the City are authorized and directed
to prepare and furnish to the Purchaser and to the attorneys approving the Bonds certified copies
of proceedings and records of the City relating to the Bonds and to the financial condition and
affairs of the City, and such other certificates, affidavits and transcripts as may be required to show
the facts within their knowledge or as shown by the books and records in their custody and under
their control, relating to the validity and marketability of the Bonds, and such instruments, including
any heretofore furnished, will be deemed representations of the City as to the facts stated therein.
5.02. Certification as to Official Statement. The Mayor, the City Manager, and the Chief
Financial Officer are authorized and directed to certify that they have examined the Official
Statement prepared and circulated in connection with the issuance and sale of the Bonds and that
to the best of their knowledge and belief the Official Statement is a complete and accurate
representation of the facts and representations made therein as of the date of the Official
Statement.
5.03. Other Certificates. The Mayor, th e City Manager, and the Chief Financial Officer
are hereby authorized and directed to furnish to the Purchaser at the closing such certificates
as are required as a condition of sale. Unless litigation shall have been commenced and be
pending questioning the Bonds or the organization of the City or incumbency of its officers, at
the closing the Mayor, the City Manager, and the Chief Financial Officer shall also execute and
deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Chief
Financial Officer shall also execute and deliver a certificate as to payment for and delivery of
the Bonds.
5.04. Electronic Signatures. The electronic signature of the Mayor, the City Manager,
the Chief Financial Officer, and/or the City Clerk to this resolution and any certificate authorized
to be executed hereunder shall be as valid as an original signature of such party and shall be
effective to bind the City thereto. For purposes hereof, (i) “electronic signature” means a
manually sig ned original signature that is then transmitted by electronic means; and
(ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the
City council meeting of March 15, 2021 (Item No. 8a) Page 9
Title: General Obligation Bonds, Series 2021A
internet as a portable document format (“pdf”) or other replicating image attached to an
e lectronic mail or internet message.
5.05. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses to Old National Bank,
Chaska, Minnesota on the closing date for further distribution as directed by the City’s
municipal advisor, Ehlers and Associates, Inc.
Section 6. Tax Covenant.
6.01. Tax -Exempt Bonds. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or pe rmit to be taken by any of its officers, employees or
agents any action which would cause the interest on the Bonds to become subject to taxation
under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations
promulgated thereunder, in effect at the time of such actions, and that it will take or cause its
officers, employees or agents to take, all affirmative action within its power that may be necessary
to ensure that such interest will not become subject to taxation under the Code and applicable
Treasury Regulations, as presently existing or as hereafter amended and made applicable to the
Bonds.
6.02. Rebate. The City will comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income of the interest on the Bonds under
Section 103 of the Code, including without limitation requirements relating to temporary periods
for investments, limitations on amounts invested at a yield greater than the yield on the Bonds,
and the rebate of e xcess investment earnings to the United States.
6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of
the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the
Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of
the Code.
6.04. Not Qualified Tax -Exempt Obligations. The Bonds are not designated as “qualified
tax -exempt obligations” for purposes of Section 265(b)(3) of the Code.
6.05. Procedural Requirements. The City will use its best efforts to comply with any
federal procedural requirements which may apply in order to effectuate the designations made by
this section.
Section 7. Book-Entry System; Limited Obligation of City.
7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten
or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon
initial issuance, the ownership of each Bond will be registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York,
New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the
outstanding Bonds will be registered in the registration books kept by the Registrar in the name of
Cede & Co., as nominee of DTC.
City council meeting of March 15, 2021 (Item No. 8a) Page 10
Title: General Obligation Bonds, Series 2021A
7.02. Participants. With respect to Bonds registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying
Agent will have no responsibility or obligation to any broker dealers, banks and other financial
institutions from time to time for which DTC holds Bonds as securities depository (the
“Participants”) or to any other person on behalf of which a Participant holds an interest in the
Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy
of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the
Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of
Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the
Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other
person, other than a registered owner of Bonds, of any amount with respect to principal of,
premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat
and consider the person in whose name each Bond is registered in the registration books kept by
the Registrar as the holder and absolute owner of such Bond for the purpose of payment of
principal, premium and interest with respect to such Bond, for the purpose of registering transfers
with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of,
premium, if any, and interest on the Bonds only to or on the order of the respective registered
owners, as shown in the registration books kept by the Registrar, and all such payments will be
valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of
principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid.
No person other than a registered owner of Bonds, as shown in the registration books kept by the
Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon
delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the words “Cede & Co.” will refer to such new
nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy
of the same to the Registrar and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment
of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds.
Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will
agree to take all action necessary for all representations of the City in the Representation Letter
with respect to the Registrar and Paying Agent, respectively, to be complied with at all times.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests in
the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC
will notify the Participants, of the availability through DTC of Bond certificates. In such event the
City will issue, transfer and exchange Bond certificates as requested by DTC and any other
registered owners in accordance with the provisions of this resolution. DTC may determine to
discontinue providing its services with respect to the Bonds at any time by giving notice to the City
and discharging its responsibilities with respect thereto under applicable law. In such event, if no
succe ssor securities depository is appointed, the City will issue and the Registrar will authenticate
Bond certificates in accordance with this resolution and the provisions hereof will apply to the
transfer, exchange and method of payment thereof.
City council meeting of March 15, 2021 (Item No. 8a) Page 11
Title: General Obligation Bonds, Series 2021A
7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and all notices
with respect to the Bond will be made and given, respectively in the manner provided in DTC’s
Operational Arrangements, as set forth in the Representation Letter.
Section 8. Continuing Disclosure.
8.01. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate”
means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and
dated the date of issuance and delivery of the Bonds, as originally executed and as it may be
amended from time to time in accordance with the terms thereof.
8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City
hereby covenants and agrees that it will comply with and carry out all of the provisions of the
Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of
the City to comply with the Continuing Disclosure Certificate is not to be considered an event of
default with respect to the Bonds; however, any Bondholder may take such actions as may be
necessary and appropriate, including seeking mandate or specific performance by court order, to
cause the City to comply with its obligations under this section.
Section 9. Defeasance. When all Bonds and all interest thereon have been discharged
as provided in this section, all pledges, covenants and other rights granted by this resolution to the
holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the
prompt and full payment of the principal of and interest on the Bonds will remain in full force and
effect. The City may discharge all Bonds which are due on any date by depositing with the
Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a
sum sufficient for the payment thereof in full with interest accrued to the date of such deposit.
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 March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
City council meeting of March 15, 2021 (Item No. 8a) Page 12
Title: General Obligation Bonds, Series 2021A
Exhibit A
Proposals
City council meeting of March 15, 2021 (Item No. 8a) Page 13
Title: General Obligation Bonds, Series 2021A
Exhibit B
Form of bond
No. R-__ $___________
United States of America
State of Minnesota
County of Hennepin
City of St. Louis Park
General Obligation Bond
Series 2021B
Rate
Maturity
Date of
Original Issue
CUSIP
February 1, 20__ April 15, 2021
Registered Owner: Cede & Co.
The City of St. Louis Park, Minnesota, a duly organized and existing municipal
corporation in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted
and for value received hereby promises to pay to the Registered Owner specified above or
registered assigns, the principal sum of $__________ on the maturity date specified above,
with interest thereon from the date hereof at the annual rate specified above (calculated on the
basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year,
commencing February 1, 2022, to the person in whose name this Bond is registered at the close
of business on the fifteenth day (whether or not a business day) of the immediately preceding
month. The interest hereon and, upon presentation and surrender hereof, the principal hereof
are payable in lawful money of the United States of America by check or draft by Bond Trust
Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and
Authenticating Agent, or its designated successor under the Resolution described herein. For
the prompt and full payment of such principal and interest as the same respectively become
due, the full faith and credit and taxing powers of the City have been and are hereby
irrevocably pledged.
The City may elect on February 1, 2030, and on any day thereafter to prepay Bonds due
on or after February 1, 2031. Redemption may be in whole or in part and if in part, at the
option of the City and in such manner as the City will determine. If less than all Bonds of a
maturity are called for redemption, the City will notify The Depository Trust Company (“DTC”)
of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount
of each participant’s interest in such maturity to be redeemed and each participant will then
select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments
will be at a price of par plus accrued interest.
City council meeting of March 15, 2021 (Item No. 8a) Page 14
Title: General Obligation Bonds, Series 2021A
This Bond is one of an issue in the aggregate principal amount of $_________ all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and
interest rate, all issued pursuant to a resolution adopted by the City Council on March 15, 2021
(the “Resolution ”), for the purpose of providing money to aid in financing certain capital
projects, pursuant to and in full conformity with the home rule charter of the City and the
Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475, as
amended, and the principal hereof and interest hereon are payable from ad valorem taxes, as
set forth in the Resolution to which reference is made for a full statement of rights and powers
thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of
this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all
taxable property in the City in the event of any deficiency in taxes pledged, which taxes may be
levied without limitation as to rate or amount. The Bonds of this series are issued only as fully
registered Bonds in denominations of $5,000 or any integral multiple thereof of single
maturities.
This Bond is not a “qualified tax -exempt obligation” within the meaning of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by
the registered owner hereof in person or by the owner’s attorney duly authorized in writing
upon surrender hereof together with a written instrument of transfer satisfactory to the Bond
Registrar, duly executed by the registered owner or the owner’s attorney; and may also be
surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or
exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or
registered owner, of the same aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any tax, fee or governmental
charge required to be paid with respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this
Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the
purpose of receiving payment and for all other purposes, and neither the City nor the Bond
Registrar will be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions
and things required by the home rule charter of the City and the Constitution and laws of the
State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in
the issuance of this Bond in order to make it a valid and binding general obligation of the City in
accordance with its terms, have been done, do exist, have happened and have been performed
as so required, and that the issuance of this Bond does not cause the indebtedness of the City
to exceed any constitutional, charter, or statutory limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the
Bond Registrar by manual signature of one of its authorized representatives.
City council meeting of March 15, 2021 (Item No. 8a) Page 15
Title: General Obligation Bonds, Series 2021A
IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by its
City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date
set forth below.
Dated: April 15, 2021
City of St. Louis Park, Minnesota
(Facsimile) (Facsimile)
Mayor City Manager
_________________________________
Certificate of Authentication
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Bond Trust Services Corporation
By
Authorized Representative
_________________________________
Abbreviations
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants in common UNIF GIFT MIN ACT
_________ Custodian _________
(Cust) (Minor)
TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors
Act, State of _______________
JT TEN -- as joint tenants with right of
survivorship and not as tenants in
common
Additional abbreviations may also be used though not in the above list.
________________________________________
City council meeting of March 15, 2021 (Item No. 8a) Page 16
Title: General Obligation Bonds, Series 2021A
Assignment
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________ the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint _________________________ attorney to
transfer the said Bond on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
Notice: The assignor’s signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in eve ry particular, without
alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program
(“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such
“signature guarantee program” as may be determined by the Registrar in addition to, or in
substitution for, STEMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934,
as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the
assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond
is held by joint account.)
Please insert social security or other
identifying number of assignee
_________________________________
City council meeting of March 15, 2021 (Item No. 8a) Page 17
Title: General Obligation Bonds, Series 2021A
Provisions as to Registration
The ownership of the principal of and interest on the within Bond has been registered on
the books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Cede & Co.
Federal ID #13-2555119
City council meeting of March 15, 2021 (Item No. 8a) Page 18
Title: General Obligation Bonds, Series 2021A
Exhibit C
Tax levy schedule
YEAR * TAX LEVY
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
__________________________________
* Year tax levy collected.
City council meeting of March 15, 2021 (Item No. 8a) Page 19
Title: General Obligation Bonds, Series 2021A
State of Minnesota )
)
County of Hennepin ) SS.
)
City of St. Louis Park )
I, the undersigned, being the duly qualified and acting City Clerk of the City of St. Louis
Park, Hennepin County, Minnesota (the “City”), do hereby certify that I have carefully compared
the attached and foregoing extract of minutes of a special meeting of the City Council of the City
held on March 15, 2021, with the original minutes on file in my office and the extract is a full, true
and correct copy of the minutes insofar as they relate to the issuance and sale of the City’s General
Obligation Bonds, Se ries 2021A , in the original aggregate principal amount of $_________.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this ______
day of _______________, 2021.
City Clerk
City of St. Louis Park, Minnesota
(SEAL)
Meeting: City council
Meeting date: March 15, 2021
Action agenda item: 8 b
Executive summary
Title: Conversion therapy
Recommended action: Motion to adopt Resolution opposing the practice of conversion therapy
and support for the State Legislature to ban the practice of conversion therapy in the state of
Minnesota.
Policy consideration: Does the city council wish to pass a resolution stating:
• The p ractice of conversion therapy is not welcome in the City of St. Louis Park.
• The City of St. Louis Park supports the State Legislature banning the practice of conversion
therapy in the state of Minnesota.
Summary: The city council added conversion therapy ban as a study session discussion topic in
2020. Conversion therapy is an ineffective and unsafe practice based on the discredited
premise that a person’s gender identity or sexual orientation is a mental disorder that can be
cured or corrected. Many medical associations and organizations including American Medical
Association, American Psychological Association, and the American Academy of Pediatrics have
long opposed this practice.
In Minnesota, the state regulates and licenses behavioral and mental health professionals and
currently does not prohibit the practice of conversion therapy. Since this licensing is handled at
the state level (not with local government), staff recommends a resolution be approved by the
council stating that conversion therapy is not welcome in St. Louis Park and supporting a
statewide ban by the Minnesota state legislature .
Financial or budget considerations: Not applicable.
Strategic priority consideration:
• St. Louis Park is committed to creating opportunities to build social capital through
community engagement.
• 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: Discussion
Resolution
Feb. 22, 2021 study session report
Prepared by: Alicia Sojourner, race equity manager
Maria Solano, senior management analyst
Reviewed by: Nancy Deno, deputy city manager/HR director
Approve d by: Tom Harmening, city manager
City council meeting of March 15, 2021 (Item No. 8b ) Page 2
Title: Conversion therapy
Discussion
Background: Conversion therapy, also called reparative therapy, attempts to change the sexual
orientation of individuals participating in the program. The American Psychiatric Association
(APA) has long opposed this practice stating, ”APA opposes any psychiatric treatment, such as
“reparative” or “conversion” therapy, that is based on the assumption that homosexuality per
se is a mental disorder or is based on the a priori assumption that the patient should change his
or her homosexual orientation.”
Outfront Minnesota, states that this type of therapy includes "dangerous and discredited
practices aimed at changing a person’s sexual orientation, or efforts to change a person’s
gender identity or expression. These harmful practices are based on the false claim that being
Lesbian, Gay, Bisexual, Transgender, or Queer (LGBTQ) is a mental illness that should be cured.”
Minnesota cities including, Duluth, Robbinsdale, Minneapolis, Red Wing, Saint Paul, West Saint
Paul and Winona have banned conversion therapy in their communities. This practice has been
banned in 20 U.S states but has failed to pass in the Minnesota Legislature. The City of Golden
Valley passed a similar resolution to the one being proposed that encourages the state to ban
the practice of conversion therapy.
In Minnesota, the state regulates and licenses behavioral and mental health professionals but
has so far not addressed the serious issue of conversion therapy. Staff recommends the city
council pass the attached resolution opposing the practice of conversion therapy in St. Louis
Park and asks the state legislature to issue a statewide ban. Staff will work with the cit y’s
lobbyist on this issue.
Council is asked to approve the attached resolution supporting the ban on a statewide level by
supporting the Mental Health Protections Act that protects 2SLGBTQ+ Minnesotan’s from the
harm of conversion therapy. According to Outfront Minnesota the bill:
• Protects Minnesotans from being coerced into treatments which are ineffective and
which lead to depression, decreased self-esteem, substance abuse, self-harm and
suicide.
• Prevents parents from being taken advantage of by deceptive agents of the conversion
therapy industry.
• Help s ensure that 2SLGBTQ people receive mental health care that is ethical, affirming,
and culturally competent.
• Does NOT affect religious or individual prayer practices.
• Restrictions only apply for paid services rendered.
• Statewide support on this would be most effective overall for Minnesota, as the state
governs licensure.
City council meeting of March 15, 2021 (Item No. 8b ) Page 3
Title: Conversion therapy
Resolution No. 21-____
Resolution opposing the practice of conversion therapy
Whereas, conversion therapy or reparative therapy is a practice or treatment that seeks
to change an individual’s sexual orientation, gender identity or gender expression, including,
but limited to, efforts to change behaviors, to eliminate or reduce sexual, romantic
attractions and/or feelings toward individuals of the same gender; and
Whereas, conversion therapy is based on the discredited premise that being two-
spirit, lesbian, gay, bisexual, transgender, or queer (2SLGBTQ+) is a mental disorder that can be
cured or corrected; and
Whereas, the American Medical Association and American Psychiatric Association
oppose treatment based on the assumptions that homosexuality is a mental disorder or that a
person should change their sexual orientation, and describe attempts to change a person's
sexual orientation as unethical; and
Whereas, medical, mental health, and child welfare experts have denounced conversion
therapy as ineffective, unreliable, and unsafe for the people who undergo such treatment,
including 2SLGBTQ+ people; and
Whereas, conversion therapy has been shown to cause serious and dangerous harms to
those who are subjected to such treatments, including depression, anxiety, increased suicidal
behaviors, lowered self-esteem, internalized homophobia, self-blame, intrusive imagery, sexual
dysfunction, and interpersonal harm, such as alienation, loneliness, social isolation,
interference with intimate relationships and loss of social supports; and
Whereas, 2SLGBTQ+ people must be free from ineffective and fraudulent conversion
therapy that causes harm to the quality of life of 2SLGBTQ+ persons; and
Whereas, the State of Minnesota regulates and licenses behavioral and mental health
professionals but has so far not addressed the serious issue of conversion therapy; and
Whereas, 20 U.S. states, two territories, and 67 municipalities have enacted legislation
banning the practice of conversion therapy; and
Whereas, the City of St. Louis Park believes the practice of conversion therapy is an
ineffective and harmful practice that has no place in modern society.
Now therefore be it resolved, by the City Council of the City of St. Louis Park that:
1. The practice of conversion therapy is not welcome in the City of St. Louis Park.
2. The City of St. Louis Park supports the state legis lature banning the practice of
conversion therapy in the state of Minnesota.
City council meeting of March 15, 2021 (Item No. 8b ) Page 4
Title: Conversion therapy
Reviewed for administration: Adopted by the City Council March 15, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: March 15, 2021
Action agenda item : 8c
Executive summary
Title: Targeted residential picketing
Recommended action: Motion to approve first reading of Ordinance amending Chapter 18,
offenses and miscellaneous provisions, of the St. Louis Park City Code related to targeted
residential picketing, and set the second reading for March 22, 2021.
Policy consideration: Should the city have an ordinance in place that prohibits targeted
residential picketing to protect residential privacy so that all people can enjoy a feeling of well-
being, tranquility, and privacy in their homes?
Summary: Council asked that time be set aside to talk about this matter at a study session.
Subsequently, it was discovered that the city already had an ordinance in place that prohibited
targeted residential picketing.
At the March 8, 2021 study session, the council discussed this topic and the draft ordinance
provided by the city attorney which outlined proposed amendments to the existing
code/ordinance. The council directed that a proposed ordinance be brought to the city council
for consideration at an upcoming meeting.
Based on the discussion at the study session the city attorney has prepared a revised draft of
the ordinance which is attached. Also attached is correspondence from the city attorney
regarding legal considerations having to do with the draft ordinance .
Financial or budget considerations: Not applicable
Strategic priority consideration: Not applicable.
Supporting documents: Draft amended ordinance
Correspondence from city attorney
Prepared by: Tom Harmening, city manager
City council meeting of March 15, 2021 (Item No. 8c ) Page 2
Title: Targeted residential picketing
Ordinance No. ____-21
An ordinance amending Chapter 18,
offenses and miscellaneous provisions,
of the S t. Louis P ark City C ode
The City Council of the City of St. Louis Park, Minnesota, ordains:
S ection 1. Section 18-64- Targeted residential picketing of the St. Louis Park City Code is
hereby amended to read as follows:
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Dwelling means a building or one or more parts of a building occupied or intended to be
occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing
homes, boardinghouses, trailers, tents, cabins or trailer coaches.
Targeted residential picketing means: any picketing by one or more persons focused on
a single residential dwelling.
(1)Marching, standing, or patrolling by one or more persons directed solely at a
particular residential dwelling in a manner that adversely affects the safety,
security, or privacy of an occupant of the dwelling ; or
(2)Marching, standing, or patrolling by one or more persons which prevents an
occupant of a residential dwelling from safely gaining access to or exiting from
the property on which the residential dwelling is located; or
3.Standing, marching, patrolling or picketing by one or more persons focused in
front of or adjacent to a particular residential dwelling without the consent of
that dwelling's occupants.
(b) Purpose of section. The city has an interest in the protection of residential privacy so that all
people can enjoy a feeling of well-being, tranquility, and privacy in their homes. , the well-being
and tranquility of the home, and protecting citizens from unwanted speech when they are a
captive audience within their homes. The city council finds that, without resorting to targeted
residential picketing, ample opportunities exist for those otherwise engaged in targeted
residential picketing to exercise constitutionally protected freedoms of speech and expression.
(c)Prohibited activity. No person shall engage in targeted residential picketing within the city.
(d) Penalty. Every person convicted of a violation of any provision of this section shall be guilty
of a misdemeanor.
City council meeting of March 15, 2021 (Item No. 8c ) Page 3
Title: Targeted residential picketing
(e) Severability. Should any section, subdivision, clause or other provision of this Ordinance be
held to be invalid by any court of competent jurisdiction, such decision shall not affect the
validity of the Ordinance as a whole, or in any part thereof, other than the part held to be
invalid.
Section 2. This ordinance shall be effective immediately upon its passage and
publication.
Reviewed for administration: Adopted by the City Council March 22, 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 March 15, 2021 (Item No. 8c ) Page 4
Title: Targeted residential picketing
M E M O R A N D U M
TO: ST. LOUIS PARK CITY COUNCIL
FROM: CITY ATTORNEY SOREN MATTICK
DATE: MARCH 11, 2021
RE: RESIDENTIAL PICKETING
This memorandum outlines the relevant caselaw and state law regarding targeted residential
picketing and a city’s ability to regulate or ban such activity. Targeted residential picketing often
is defined as any picketing, marching, standing, or patrolling focused or directed at a single
residential dwelling.
Caselaw
The First Amendment jurisprudence on this issue is clear: municipalities may prohibit targeted
residential picketing. Public streets and sidewalks are considered a public forum for the First
Amendment and any restriction on free speech in a public forum must be very limited. Boos v.
Barry, 485 U.S. 312, 318 (1988). A U.S. Supreme Court case Frisby v. Schultz upheld a town’s
ordinance banning such picketing even though the ban directly implicates the First Amendment.
487 U.S. 474 (1988). Frisby was applied to a Minnesota township’s prohibition on targeted
residential picketing in State v. Castellano , 506 N.W.2d 641 (Minn. App. 1993)(published). In
both Frisby and Castellano the prohibitions on targeted residential picketing were upheld.
Both courts concluded that a government may enact regulations around targeted residential
picketing so long as the regulation is narrowly tailored to advance a significant government
interest through specific time, place, and manner restrictions. Also, the regulation must be
content neutral and there must remain ample alternative channels of communication.
In both cases, the courts recognized that these ordinances seek to protect a significant
government interest which is to preserve the peace and privacy of homes. Further, the ordinances
were narrowly tailored to only advance that significant government interest and not quell other
kinds of speech. The court in Castellano notes that even a complete prohibition on an activity
can be narrowly tailored if the activity within the scope of the ordinance is appropriately
targeted. By focusing on individual residences and the particular activity of picketing, the ban,
although complete, is still narrowly tailored to that conduct.
The ordinances are content neutral because there is no reference to the content of the regulated
speech. This ordinance would apply evenly-handedly to any picketing no matter the goals of
those persons picketing. Further, these ordinances allow other meaningful alternative channels of
communication such as marching through a neighborhood or going door-to -door spreading their
message.