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2021/04/05 - ADMIN - Agenda Packets - City Council - Regular
AGENDA APRIL 5, 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. Some or all members of the St. Louis Park City Council will participate in the April 5, 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 -4j •952.562.2887 – item 6a – Establishment of the Texa Tonka TIF District •952.567.2888 – item 6b – Nordic Ware Building 9 easement vacation •952.562.2886 – item 6c – Ordinance granting a cable television franchise to Comcast •952.562.2887 – item 8a – Target Knollwood – Boone Avenue reconstruction – CUP •952.562.2888 – item 8b – Nordic Ware Building 9 •952.562.2886 – item 8c – Best Cleaners conditional use permit and variance extension •952.562.2887 – item 8d – Resolution in support of the AAPI community 6:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY 1.Call to order 2.Roll call 3.Approval of minutes 3a. EDA meeting minutes of March 1, 2021 3b. EDA meeting minutes of March 15, 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. Accept for filing EDA disbursement claims for the period of Feb. 20 through March 26, 2021. 4b . Adopt EDA Resolution authorizing bank signatories for the EDA. Meeting of April 5, 2021 City c ouncil agenda 7.New business 7a. Establishment of the Texa Tonka Tax Increment Financing District Recommended action: •Motion to adopt EDA Resolution approving the establishment of the Texa Tonka Tax Increment Financing District (a housing district). •Motion to adopt EDA Resolution authorizing an Interfund Loan for advance of certain c osts in connection with the administration of the Texa Tonka TIF District. 7b . Redevelopment Contract with Paster Development – Texa Tonka Apartments Recommended action: Motion to adopt EDA Resolution approving the Redevelopment Contract between the EDA and Paster Development. 6:30 p.m. CITY COUNCIL MEETING 1.Call to order 1a. Pledge of allegiance 1b. Roll call 2.Presentations -- None 3.Approval of minutes 3a. City council meeting minutes of Feb. 16, 2021 3b. City council meeting minutes of March 1, 2021 3c. Special s tudy session meeting minutes of March 1, 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 ccept for filing city disbursement claims for the period of Feb. 20 through March 26, 2021. 4b . • Designate Thomas and Sons Construction the lowest responsible bidder and authorize a contract with the firm in the amount of $2,889,051.80 for Monterey -Belt Line -36th improvement project (4020-1101 and 4021-2000). • Adopt Resolution to restrict parking on 36th Street from Webster Avenue to Belt Line Boulevard . 4c . Adopt Resolution establishing Highway 100 East Frontage Road as a Municipal State Aid Street segment. 4d . A dopt Resolution to recognize Jayme Hamilton for his 31 years of service. 4e . Adopt Resolution approving labor agreement between the city and the firefighter employee bargaining group, establishing terms and conditions of employment for one year, from Jan. 1, 2021 – Dec. 31, 2021. 4f . Adopt Resolution authorizing bank signatories. 4g . Adopt Resolution authorizing bank signatories for the Home Remodeling Fair. 4h . Accept for filing fire civil service commission minutes of Feb. 18, 2020. 4i . Accept for filing fire civil service commission minutes of Oct. 30, 2020. 4j. Accept for filing plann ing commission minutes of Feb. 24, 2021. Meeting of April 5, 2021 City c ouncil agenda 5. Boards and commissions 5a. Appointment of youth representatives to boards and commissions Recommended action: Motion to appoint Li Livdahl to the Human Rights Commission and Tobias Khabie to the Police Advisory Commission as voting youth representatives with terms ending on August 31, 2021. 6. Public hearings 6a. Public hearing – establishment of the Texa Tonka Tax Increment Financing District Recommended action: Mayor to open public hearing, take testimony, and then close the public hearing. Motion to adopt Resolution approving the establishment of the Texa Tonka Tax Increment Financing District (a housing district). 6b . Public hearing for Nordic Ware Building 9 easement vacation Recommended action: Mayor to open the public hearing, take testimony, and then close the public hearing. The recommended action to vacate the portion of easements is included late r in the meeting under agenda item 8b. 6c. First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC Recommended action: Hear a presentation by Brian Grogan, attorney at law, Moss & Barnett. Mayor then opens the public hearing, solicits comments and closes the public hearing. Motion to approve first reading of ordinance granting a cable television franchise to Comcast of Minnesota, LLC and set second reading for April, 19, 2021. 7. Requests, petitions, and communications from the public – None 8. Resolutions, ordinances, motions and discussion items 8a. Target Knollwood – Boone Avenue reconstruction – conditional use permit Recommended action: Motion to adopt Resolution approving the conditional use permit to place 522 cubic yards of fill in the floodplain for the reconstruction of Boone Avenue. 8b . Nordic Ware Building 9 Recommended action: • Motion to approve first reading of Ordinance vacating portions of storm sewer easement, forced main sewer easement, and drainage and utility easement, and set the second reading for April 19, 2021 (requires five affirmative votes); and • Motion to adopt Resolution approving the amendment to the special permit; and • Motion to approve first reading of Ordinance ame nding Section 36-244(e)(6) of the zoning code and set the second reading for April 19, 2021. 8c. Best Cleaners conditional use permit and variance extension Recommended action: Deny an extension to act upon the approved conditional use permit (CUP) and variance at 8105 Minnetonka Boulevard. 8d. Resolution in support of the Asian American and Pacific Islander community Recommended action: Motion to adopt Resolution in support of the Asian American and Pacific Islander community. 9. Communications – None Meeting of April 5, 2021 City c ouncil agenda **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 in ternet 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: April 5, 2021 Minutes: 3a Unofficial minutes EDA meeting St. Louis Park, Minnesota March 1, 2021 1. Call to order President Brausen called the meeting to order at 6:56 p.m. 2. Roll call Commissioners present: President Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, Margaret Rog, and Jake Spano Commissioners absent: Nadia Mohamed Staff present: Executive Director (Mr. Harmening), Engineering Director (Ms. Heiser), Senior Management Analyst (Ms. Solano) 3. Approval of minutes - none 4. Approval of EDA disbursements It was moved by Commissioner Spano, seconded by Commissioner Kraft, to accept for filing EDA disbursement claims for the period of January 23 – February 19, 2021. The motion passed 6-0 (Councilmember Mohamed absent). 5. Reports - none 6. Old business - none 7. New business - none 8. Communications – none 9. Adjournment The meeting adjourned at 6:58 p.m. ______________________________________ ______________________________________ Melissa Kennedy, secretary Tim Brausen, president Meeting: Economic development authority Meeting date: April 5, 2021 Minutes: 3b Unofficial minutes EDA meeting St. Louis Park, Minnesota March 15, 2021 1. Call to order President Brausen called the meeting to order at 6:20 p.m. 2. Roll call Commissioners present: President Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, Nadia Mohamed, Margaret Rog, and Jake Spano Commissioners absent: none Staff present: Executive Director (Mr. Harmening), CFO (Ms. Schmitt), Economic Development Coordinator (Mr. Hunt), Police Chief Harcey, City Attorney (Mr. Mattick), Deputy City Manager/Human Resources Director (Ms. Deno) Senior Management Analyst (Ms. Solano) 3. Approval of minutes 3a. EDA meeting minutes of Feb. 16, 2021 President Brausen noted it should read at the top of page 1, “President Brausen called the meeting to order”. It was moved by Commissioner Kraft, seconded by Commissioner Spano, to approve the Feb. 16, 2021 meeting minutes as amended. The motion passed 7-0. 4. Approval of agenda and items on EDA consent calendar 4a. Adopt EDA Resolution No. 21-03 consenting to the city’s proposed Lease Extension and temporary Lease of EDA property at 7250 State Highway 7. 4b. Adopt EDA Resolution No. 21-04 approving amendment to the cooperative construction agreement with the Met Council for the SWLRT Beltline Blvd. Station park and ride. It was moved by Commissioner Spano, seconded by Commissioner Rog, to approve the EDA agenda as presented and the items on the consent calendar. The motion passed 7-0. 5. Reports - none Economic development authority meeting of April 5, 2021 (Item No. 3b) Page 2 Title: EDA meeting minutes of March 15, 2021 6. Old business - none 7. New business - none 8. Communications – none 9. Adjournment The meeting adjourned at 6:23 p.m. ______________________________________ ______________________________________ Melissa Kennedy, secretary Tim Brausen, president Meeting: Economic d evelopment authority Meeting date: April 5, 2021 Consent agenda item: 4a Executive summary Title: Approval of EDA disbursements Re commended action: Motion to accept for filing EDA disbursement claims for the period of Feb. 20 through March 26, 2021. Policy consideration: Does the EDA desire to approve EDA disbursements in accordance with Article V – Administ ration of Finances, of the EDA bylaws? Summary: The finance division prepares this report on a monthly basis for the EDA to review and approve. The attached reports show both EDA disbursements paid by physical check and those by wire transfer or Automated Clearing House (ACH) when applicable. Financial or budget considerations: Review and approval of the information follows the EDA ’s charter and provides another layer of oversight to further ensure fiscal stewardship. Strategic priority consideration: Not applicable. Supporting documents: EDA disbursements Prepared by: Kari Mahan, accounting clerk Reviewed by: Melanie Schmitt , chief financial officer Approve d by: Tom Harmening, city manager 3/30/2021CITY OF ST LOUIS PARK 10:25:44R55CKS2 LOGIS400V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 1,000.00ARMEL MICHAEL DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 1,000.00 232.88CENTERPOINT ENERGY MTKA BLVD PROPERTIES HEATING GAS 105.096211 CEDAR LK RD (DAHL PROP)HEATING GAS 337.97 8,925.00EHLERS & ASSOCIATES INC BELTLINE SWLRT DEVELOPMENT OTHER CONTRACTUAL SERVICES 150.00WOODDALE STATION TIF DIST LEGAL SERVICES 67.50WOODDALE STATION TIF DIST OTHER CONTRACTUAL SERVICES 908.254900 EXC BLVD TIF DIST G&A OTHER CONTRACTUAL SERVICES 591.25ELIOT PARK TIF DIST G&A OTHER CONTRACTUAL SERVICES 908.25WEST END TIF DIST G&A OTHER CONTRACTUAL SERVICES 591.25ELLIPSE ON EXC TIF DIST G&A OTHER CONTRACTUAL SERVICES 591.25PARK CENTER HOUSING G&A OTHER CONTRACTUAL SERVICES 909.25CSM TIF DIST G&A OTHER CONTRACTUAL SERVICES 1,185.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 908.25MILL CITY G&A OTHER CONTRACTUAL SERVICES 908.25PARK COMMONS G&A OTHER CONTRACTUAL SERVICES 591.25ELMWOOD VILLAGE G & A OTHER CONTRACTUAL SERVICES 591.25WOLFE LAKE COMMERCIAL TIF G&A OTHER CONTRACTUAL SERVICES 908.25SHOREHAM TIF DIST G&A OTHER CONTRACTUAL SERVICES 591.25AQUILA COMMONS G & A OTHER CONTRACTUAL SERVICES 908.25HWY 7 BUSINESS CENTER G & A OTHER CONTRACTUAL SERVICES 20,233.75 5,000.00FRANZEN LAW & POLICY GROUP LLC HRA LEVY G&A LEGAL SERVICES 5,000.00 1,000.00JORDAN HART, PH.D.DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 1,000.00 80.00KENNEDY & GRAVEN BELTLINE SWLRT DEVELOPMENT LEGAL SERVICES 1,885.70WOODDALE STATION TIF DIST LEGAL SERVICES 1,513.00DEVELOPMENT - EDA G&A LEGAL SERVICES 2,874.00MILL CITY G&A LEGAL SERVICES 6,352.70 606.00LHB INC DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 606.00 Economic development authority meeting of April 5, 2021 (Item No. 4a) Title: Approval of EDA disbursements Page 2 3/30/2021CITY OF ST LOUIS PARK 10:25:44R55CKS2 LOGIS400V 2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 15,000.00LONDON SQUARE ASSOCIATES, LLC.DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 15,000.00 6,250.00MCCDDEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 6,250.00 1,750.00METROPOLITAN REGIONAL ARTS COUNCIL PUBLIC ART PLANNING 1,750.00 1,000.00MMKRDEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 1,000.00 39.60MONSON, DARLA MILL CITY G&A POSTAGE 39.60 1,000.00ORLANDO DAPHNE DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 1,000.00 5,000.00PARK TAVERN DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 5,000.00 6,000.00PRIMACY STRATEGY GROUP LLC.DEVELOPMENT - EDA G&A LEGAL SERVICES 6,000.00 1,000.00SCHINDELSEGAL, PLLC DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 1,000.00 11,118.64ST LOUIS PARK CONV & VISITORS BUREAU CONVENTION & VISITORS BUREAU COST REIMBURSEMENT-CVB 11,118.64 20,000.00ST LOUIS PARK FRIENDS OF THE ARTS PUBLIC ART OTHER CONTRACTUAL SERVICES 20,000.00 650.00TECHTRON ENGINEERING INC 6211 CEDAR LK RD (DAHL PROP)OTHER CONTRACTUAL SERVICES 650.00 94.75XCEL ENERGY MTKA BLVD PROPERTIES ELECTRIC SERVICE 30.596211 CEDAR LK RD (DAHL PROP)ELECTRIC SERVICE 125.34 1,000.00ZARTHAN CO. LLC.DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES Economic development authority meeting of April 5, 2021 (Item No. 4a) Title: Approval of EDA disbursements Page 3 3/30/2021CITY OF ST LOUIS PARK 10:25:44R55CKS2 LOGIS400V 3Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 1,000.00 Report Totals 104,464.00 Economic development authority meeting of April 5, 2021 (Item No. 4a) Title: Approval of EDA disbursements Page 4 Meeting: Economic development authority Meeting date: April 5, 2021 Consent agenda item: 4b Executive summary Title: Authorize bank signatories for the EDA Recommended action: Motion to adopt EDA Resolution authorizing bank signatories for the EDA . Policy consideration: Does the EDA board authorize the bank signatories for the EDA checking account? Summary: The EDA has a checking account at Citizens Independent Bank in St. Louis Park. This account is used for all EDA vendor payments. The EDA bylaws state that the signatures of the EDA president and the e xecutive director are required on EDA checks. The bylaws also state that in the absence of the EDA president, the EDA vice president assumes the powers and duties of the president, and in the absence of the e xecutive director, the deputy city manager/deputy e xecutive director assumes the powers and duties of the e xecutive director. Banking procedures require approval by resolution when adding or removing signers from a bank account. It is necessary at this time to update the EDA bank signatories to add Tim Brausen, EDA board president, as a check signer and remove Rachel Harris , former EDA board president. Margaret Rog, EDA vice president, and Cindy Walsh , deputy city manager/deputy e xecutive director are being added as secondary signers in accordance with the bylaws to assume powers and duties when necessary. The following signatories are recommended for the EDA account: Thomas Harmening, executive director Check signer as required by EDA bylaws Tim Brausen , EDA president Check signer as required by EDA bylaws Margaret Rog, EDA vice president Secondary authority Cindy Walsh, interim deputy executive director Secondary authority Financial or budget considerations: The action recommended will ensure that the EDA is compliant with banking and audit requirements and adheres to the current EDA bylaws. Strategic priority consideration: Not applicable. Supporting documents: EDA resolution Prepared by: Darla Monson, accountant Reviewed by: M elanie S chmitt , chi ef f inancial officer Approve d by: Tom Harmening, EDA executive director Economic development authority meeting of April 5, 2021 (Item No. 4b ) Page 2 Title: Authorize bank signatories for the EDA EDA Resolution No. 21-____ Resolution authorizing bank signatories Whereas, the Economic Development Authority of St. Louis Park has a checking account at Citizens Independent Bank; and Whereas, it is necessary to update the current bank signatories as stated in the bylaws; Now therefore be it resolved by the St. Louis Park Economic Development Authority that approval is hereby given to authorize the following bank signatories on the Citizens Independent Bank Economic Development Authority checking account. Thomas Harmening, executive director Tim Brausen, EDA president Margaret Rog, EDA vice president Cindy Walsh, interim deputy executive director Reviewed for administration: Adopted by the Economic Development Authority April 5, 2021 Thomas K. Harmening, executive director Tim Brausen, president Attest: Melissa Kennedy, secretary Meeting: Economic development authority Meeting date: April 5, 2021 Action agenda item: 7a Executive summary Title: Establishment of the Texa Tonka Tax Increment Financing District Recommended action: • Motion to adopt EDA Resolution approving the establishment of the Texa Tonka Tax Increment Financing District (a housing district). • Motion to adopt EDA Resolution authorizing an Interfund Loan for advance of certain costs in connection with the administration of the Texa Tonka TIF District. Policy consideration: Does the EDA wish to support the establishment of a housing tax increment financing district to facilitate construction the proposed Texa Tonka Apartments development? Summary: A staff report regarding Paster Development’s (“Redeveloper”) application for tax increment financing (TIF) assistance in connection with its proposed Texa Tonka Apartments project was provided at the January 11, 2021 study session. As stated in the report, constructing the 112-unit multi-family housing development is not financially feasible but for the use of the proposed tax increment assistance for which there was consensus support. It is now time to take the final steps in the TIF process which is to formally authorize the establishment of the housing TIF district and approve the related Redevelopment Contract. Such authorizations enable the EDA to designate tax increment generated from the Texa Tonka Apartments project as partial reimbursement for certain qualified Public Redevelopment Costs incurred in connection with the construction of the project make it financially feasible. Financial or budget considerations: Authorizing the establishment of the Texa Tonka TIF District does not commit the city to any specific level of financial assistance for the proposed project. Procedurally, it simply creates the funding vehicle to reimburse the Redeveloper for a portion of its qualified Public Redevelopment Costs. The terms and amount of TIF assistance are specified within the Redevelopment Contract with Paster Development (“Texa Tonka Apartments, LLC”) which is also scheduled for consideration by the EDA April 5, 2021. Authorizing an Interfund Loan allows the EDA to recoup certain costs up to $50,000 in connection with the administration of the new TIF District. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion EDA resolution - TIF district EDA resolution - Interfund Loan TIF District Overview Prepared by: Greg Hunt, economic development coordinator Reviewed by: Karen Barton, community development director Approved by: Tom Harmening, city manager, EDA executive director Economic development authority meeting of April 5, 2021 (Item No. 7a) Page 2 Title: Establishment of the Texa Tonka Tax Increment Financing District Discussion Background: Paster Development is proposing to redevelop a 1.9-acre site consisting of nine adjoining parcels located at the northeast corner of Texas Avenue and Minnetonka Boulevard. The Redeveloper plans to remove the vacant 4,500 square foot office building at the intersection along with the vacant parking lot to the north, and construct a 101-unit, three to five -story apartment building on the northeast corner of Texas Avenue and Minnetonka Boulevard, and an 11-unit, two-story townhouse building south of 29th Stree t West. The proposed 112-unit apartment/townhouse development would be mixed-income with 89 units (80 percent) leasable at market rate and 23 units (20 percent) affordable to households at 50 percent of area median income (AMI). Redeveloper’s request for public financing assistance and TIF Application review: The Redeveloper previously indicated that Texa Tonka Apartments’ financial proforma exhibited a gap preventing it from achieving a market rate of return sufficient to attract financing. To offset this gap, the Redeveloper applied to the EDA for tax increment financing (TIF) assistance. Ehlers, the EDA’s financial consultant, examined the project’s pro forma to determine what, if any, level of financial assistance was necessary for the project to become financially feasible. After review, Ehlers determined that up to $2.6 million in TIF assistance is warranted to enable the project to proceed. Such assistance would be provided via a pay-as-you-go TIF Note and would derive from the establishment of a new housing TIF district. The EDA/city council received a staff report detailing the Redeveloper’s TIF Application at the January 11, 2021 study session along with the recommendation for the level of assistance for which there was consensus support. TIF District Overview and Plan: The attached Tax Increment Financing District Overview summarizes the basic elements of the proposed Texa Tonka TIF District (a housing district). Additional details of the proposed TIF District may be found in the larger Texa Tonka TIF District Plan (available by contacting the Community Development Department). Both the Overview and TIF Plan were prepared by Ehlers. In a general sense, TIF Plans may be viewed as enabling legislation. They establish the proposed TIF district’s classification, geographic boundaries, maximum duration, maximum budget authority for tax increment revenues and expenditures, fiscal disparities election as well as estimated impact on various taxing jurisdictions along with findings which statutorily qualify the district. The specific mutual obligations between the EDA and the Redeveloper as well as the specific terms of the financial assistance are contained in the separate Redevelopment Contract between the parties. Both the TIF Plan and the Redevelopment Contract need to be approved for redevelopment projects requiring tax increment to proceed. Synopsis of the proposed Texa Tonka TIF District: In order to provide the Redeveloper with the proposed tax increment, a new housing TIF district need s to be established. The MN TIF Act requires that proposed TIF districts must be located within a city’s Redevelopment Project Area(s). The boundaries of St. Louis Park’s Redevelopment Project Area No. 1 are coterminous with the municipal boundaries of the city. Given that the Texa Tonka Apartments redevelopment site and the proposed Texa Tonka TIF District are located within the city, the proposed Texa Tonka TIF District is also located within the city’s Redevelopment Project Area No. 1 as required. The location of the proposed Texa Tonka TIF District is shown in the map below. Economic development authority meeting of April 5, 2021 (Item No. 7a) Page 3 Title: Establishment of the Texa Tonka Tax Increment Financing District Location of proposed Texa Tonka TIF District The entirety of the tax increment to be provided to the Redeveloper would be derived from the subject redevelopment site which constitutes the proposed housing TIF district. Therefore, the proposed TIF district include s the following nine parcels and adjacent roads and internal rights of-way: • 7916 Minnetonka Blvd • 2939 Texas Ave S • 2929 Texas Ave S • 2925 Texas Ave S • 2921 Texas Ave S • 2917 Texas Ave S • 2913 Texas Ave S • 2907 Texas Ave S • 2901 Texas Ave S Economic development authority meeting of April 5, 2021 (Item No. 7a) Page 4 Title: Establishment of the Texa Tonka Tax Increment Financing District Subject properties within proposed housing TIF district Qualifications of the proposed TIF district: Paster Development is proposing to redevelop nine adjoining parcels (depicted above) located at the northeast corner of Texas Avenue and Minnetonka Boulevard. The Redeveloper plans to remov e the vacant 4,500 square foot office building at the intersection along with the vacant parking lot to the north, and construct a 101- unit, three to five -story apartment building on the northeast corner of Texas Avenue and Minnetonka Boulevard, and an 11-unit, two-story townhouse building south of 29th Street West. The proposed 112-unit apartment/townhouse development would be mixed income with 89 units (80 percent) leasable at market rate and 23 units (20 percent) affordable to households at 50 percent of area median income (AMI). The proposed amount of affordable housing exceeds the city’s inclusionary housing requirements. To qualify as a housing TIF district, the MN TIF Act require s that at least 20 percent of the proposed units within a housing development must be affordable to households at or below 50 percent of AMI or 40 percent of the proposed units must be affordable to households at or below 60 percent of AMI. With 23 housing units (20 percent) affordable to households at or below 50 percent of AMI , the proposed Texa Tonka Apartments development qualifies under Economic development authority meeting of April 5, 2021 (Item No. 7a) Page 5 Title: Establishment of the Texa Tonka Tax Increment Financing District the statute as a housing TIF district. Other findings for the qualification of the proposed TIF district are contained in Appendix C of the TIF Plan. The MN TIF Act also requires cities to determine if a proposed TIF district is in conformance with its city’s Comprehensive Plan. On February 1, 2021, the city council approved an amendment to the 2040 Comprehensive Plan Future Land Use Plan which revised the future land use designation of the subject redevelopment site from commercial and medium density residential to RH - high density residential. The Metropolitan Council subsequently approved that amendment on March 1, 2021. The density of the proposed Texa Tonka Apartments redevelopment meets the requirements for RH – high density residential land use. Therefore, in the proposed TIF district resolution of approval, there is a statement indicating that the city council finds the proposed Texa Tonka TIF District Plan conforms to the general plan for development of the City . Duration of the proposed TIF district: Under the MN TIF Act, the duration of housing districts is up to 25 years after receipt of the first increment by the city (a total of 26 years of tax increment). The first tax increment for this development is expected to be received in 2023. Thus, the full term of the district is estimated to terminate after 2048. The EDA and city have the right to decertify the district prior to the legally required date. The city’s expressed obligations to the Redeveloper, per the terms of the Redevelopment Contract, are estimated to be satisfied in approximately 12 years. Once those obligations are satisfied, the city may terminate the district or elect to retain it to assist other affordable housing projects and programs into the future. TIF district budget: The Texa Tonka TIF District Plan authorizes the use of tax increment funds generated by the new housing TIF district to reimburse the Redeveloper for qualified Public Redevelopment Costs incurred in connection with the construction of the Texa Tonka Apartments. It should be noted that the Sources of Revenue and Uses of Funds within the TIF Plan is a not-to-exceed budget and not the actual expected project budget. Recommendation: The EDA’s financial consultant, Ehlers, prepared the Texa Tonka TIF District Plan in consultation with the EDA’s legal counsel, Kennedy & Graven and staff; all of whom recommend approval of the establishment the Texa Tonka Tax Increment Financing District and authorization of an Interfund Loan in connection with the administration of the new TIF District. Next steps: The redevelopment contract between the EDA and Paster Development which specifies the terms, conditions and amount of TIF assistance related to the proposed Texa Tonka Apartments project is also scheduled for consideration by the EDA on April 5, 2021. Economic development authority meeting of April 5, 2021 (Item No. 7a) Page 6 Title: Establishment of the Texa Tonka Tax Increment Financing District EDA Resolution No. 21 - ____ Resolution approving a modification to the Development Program for Redevelopment Project No. 1 and the establishment of Texa Tonka Tax Increment Financing District within the Redevelopment Project, and adopting a Tax Increment Financing Plan for the TIF District Whereas, the City of St. Louis Park, Minnesota (the “City”) and the St. Louis Park Economic Development Authority (the “Authority”) have previously e stablished Redevelopment Project No. 1 (the “Redevelopment Project”) within the City, pursuant to Minnesota Statutes, S ections 469.001 through 469.047, as am end ed, and M inn esota S tatut es, S ections 469.090 through 469.1081, as am end ed ; and Whereas, the City and the Authority have proposed to approve a modification to the Development Program for the Redevelopment Project (the “Program Modification”) and a tax increment financing plan (the “TIF Plan”) for Texa Tonka Tax Increment Financing District (the “TIF District”), a housing district, within the Redevelopment Project, pursuant to Minnesota Statut es, S ections 469.174 through 469.1794, as am end ed (the “TIF Act”), all as d escrib ed in a plan document presented to the Board on the date he reof.; and Whereas, pursuant to Section 469.175, subdivision 2 of the TIF Act, the proposed Program Modification and TIF Plan and the estimates of the fiscal and economic implications of the TIF Plan were presented to the Board of Education of Independent School District No. 283 (St. Louis Park Public Schools) and to the Board of Commissioners of Hennepin County, Minnesota (the “County”) at least thirty (30) days prior to the date of publication of the notice of public hearing on establishment of the TIF District; and Whereas, immediately following the meeting of the Authority on the date hereof, the City Council will hold a duly noticed public he aring on the Program Modification and establishment of the TIF District, and is expecte d to approve the creation of the TIF District and the associated TIF Plan following such public hearing. Now therefore, be it resolved as follows: 1.Subject to their approval by the City Council, the creation of the Program Modification, the establishment of the TIF District, and the TIF Plan for the TIF District are hereby approved. 2.Authority staff is hereby authorized and directed to file a request for certification of the TIF District with the Taxpayer Services Division Manager of the County and to file a copy of the TIF Plan with the Minnesota Commissioner of Revenue and the Office of the State Auditor as required by the TIF Act. Economic development authority meeting of April 5, 2021 (Item No. 7a) Page 7 Title: Establishment of the Texa Tonka Tax Increment Financing District 3.The Taxpayer Services Division Manager of the County is requested to certify the original net tax capacity of the TIF District, as described in the TIF Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased. 4.Authority staff, consultants, and legal counsel are authorized to take all actions necessary to implement the TIF Plan and to negotiate, draft, prepare and present to the Board for its consideration all further plans, resolutions, documents, and contracts necessary for this purpose. Approval of the TIF Plan does not constitute approval of any project or a development agreement with any developer. Reviewed for Administration: Adopted by the Economic Development Authority April 5, 2021 Thomas K. Harmening, executive director Tim Brausen, president Attest: Melissa Ken nedy, secretary Economic development authority meeting of April 5, 2021 (Item No. 7a) Page 8 Title: Establishment of the Texa Tonka Tax Increment Financing District EDA Resolution No. 21 -____ Resolution Authorizing an Interfund Loan for Advance of Certain Costs in Connection with the Texa Tonka Tax Increment Financing District Whereas, the City Council for the City of St. Louis Park, Minnesota (the "City"), intends to e stablish Texa Tonka Tax Increment Financing District (the "TIF District") within Redevelopment Project No. 1 (the "Project"), and will adopt a Tax Increment Financing Plan (the "TIF Plan") for the purpose of financing certain improvements within the Project; and Whereas, the St. Louis Park Economic Development Authority (the “Authority”) has determined to use tax increments from the TIF District to pay for certain administrative costs identifie d in the TIF Plan (the "Qualified Costs"), which costs may be finance d on a temporary basis from Authority funds available for such purposes; and Whereas, under Minnesota Statutes, Se ction 469.178, Subd. 7, the Authority is authorized to advance or loan money from the Authority's general fund or any other fund from which such advances may be legally authorized, in order to finance the Qualified Costs; and Whereas, the Authority intends to reimburse itself for the Qualifi ed C osts from tax increments de rived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Now therefore be it resolved as follows: 1.The Authority hereby authorizes the advance of up to $50,000 from any legally authorized Authority fund or so much thereof as may be paid as Qualified Costs. The Authority shall reimburse itself for such advances together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 4% and will not fluctuate. 2.Principal and interest ("Payments") on the Interfund Loan shall be paid semi-annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first Payment Date on which the Authority has Available Tax Increment (defined below), or on any other dates determined by the Executive Director of the Authority, through the date of last receipt of tax increment from the TIF District. 3.Payments on this Interfund Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, tax increment available after other obligations have been paid, or as determined by the Executive Director of the Authority, generated in the preceding six (6) months with respect to the property within the TIF District and Economic development authority meeting of April 5, 2021 (Item No. 7a) Page 9 Title: Establishment of the Texa Tonka Tax Increment Financing District remitted to the City by Hennepin County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1794, as amended. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 4.The principal sum and all accrued interest payable under this Interfund Loan are pre - payable in whole or in part at any time by the Authority without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. 5.This Interfund Loan is evidence of an internal borrowing by the Authority in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. The Authority shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 6.The Authority may amend the terms of this Interfund Loan at any time by resolution of the Board, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Reviewed for Administration: Adopted by the Economic Development Authority April 5, 2021 Thomas K. Harmening, executive director Tim Brausen, president Attest: Melissa Kennedy, secretary TAX INCREMENT FINANCING DISTRICT OVERVIEW St. Louis Park Economic Development Authority Texa Tonka Tax Increment Financing District The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for the Texa Tonka Tax Increment Financing District. More detailed information on each of these topics may be found in the complete Tax Increment Financing Plan. Proposed action: •Modification to the Development Program for Redevelopment Project No. 1. The modification represents a continuation of the goals and objectives set forth in the Development Program for Redevelopment Project No. 1. •Establishment of the Texa Tonka Tax Increment Financing District (District) and the adoption of a Tax Increment Financing Plan (TIF Plan). Type of TIF District: Housing District Affordability: At least 20% of the units will be occupied by person with incomes less than 50% of the area median income. Parcel Numbers: 08-117-21-33-0165 08-117-21-33-0170 08-117-21-33-0166 08-117-21-33-0171 08-117-21-33-0167 08-117-21-33-0172 08-117-21-33-0168 08-117-21-33-0173 08-117-21-33-0169 Proposed Development: The District is being created to facilitate the construction of approximately 101 apartment units and 11 townhome units in the City. The EDA intends to enter into an agreement with Texa Tonka Apartments, LLC and construction is anticipated to commence in mid to late 2021. Please see Appendix A of the TIF Plan for a more detailed project description. Maximum duration: The duration of the District will be 25 years from the date of receipt of the first increment (26 years of increment). The EDA elects to receive the first tax increment in 2023. It is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after December 31, 2048, or when the TIF Plan is satisfied. Estimated annual tax increment: Up to $707,349 Page 10 Economic development authority meeting of April 5, 2021 (Item No. 7a) Title: Establishment of the Texa Tonka Tax Increment Financing District City of St. Louis Park Parkway Residences TIF District 2 Authorized uses:The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land/Building Acquisition ...................................... $ 1,500,000 Site Improvements/Preparation ............................ $ 1,500,000 Affordable Housing ............................................... $ 3,000,000 Utilities .................................................................. $ 500,000 Other Qualifying Improvements ............................ $ 1,091,185 Administrative Costs (up to 10%) ......................... $ 1,256,812 PROJECT COSTS TOTAL .................................. $ 8,847,997 Interest .................................................................. $ 4,976,938 PROJECT COSTS TOTAL .................................. $ 13,824,935 See Uses of Funds on page 8 of the TIF Plan for the full budget authorization. Form of financing: The project is proposed to be financed by a pay-as-you-go note and interfund loan. Administrative fee: Up to 5% of annual increment, if costs are justified. Interfund Loan Requirement: The EDA will be approving an interfund loan to pay for administrative and/or capital expenses that will be incurred prior to receiving the first TIF dollars from the District. 4 Year Activity Rule (§ 469.176 Subd. 6) After four years from the date of certification of the District one of the following activities must have been commenced on each parcel in the District: •Demolition •Rehabilitation •Renovation •Other site preparation (not including utility services such as sewer and water) If the activity has not been started by approximately May 2025, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity. 5 Year Rule (§ 469.1763 Subd. 3) Within 5 years of certification revenues derived from tax increments must be expended or obligated to be expended. Any obligations in the District made after approximately May 2026, will not be eligible for repayment from tax increments. The reasons and facts supporting the findings for the adoption of the TIF P lan for the District, as required pursuant to M.S., Section 469.175, Subd. 3, are included in Exhibit A of the City resolution. Page 11 Economic development authority meeting of April 5, 2021 (Item No. 7a) Title: Establishment of the Texa Tonka Tax Increment Financing District City of St. Louis Park Parkway Residences TIF District 3 Page 12 Economic development authority meeting of April 5, 2021 (Item No. 7a) Title: Establishment of the Texa Tonka Tax Increment Financing District City of St. Louis Park Parkway Residences TIF District 4 Page 13 Economic development authority meeting of April 5, 2021 (Item No. 7a) Title: Establishment of the Texa Tonka Tax Increment Financing District Meeting: Economic development authority Meeting date: April 5, 2021 Action agenda item: 7b Executive summary Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments Recommended action: Motion to adopt EDA Resolution approving the Redevelopment Contract between the EDA and Paster Development. Policy consideration: Does the EDA wish to approve the proposed redevelopment contract with Paster Development to facilitate it’s proposed Texa Tonka Apartments project? Summary: Texa Tonka Apartments, LLC (an affiliate of Paster Development and “Redeveloper”) is proposing to redevelop nine adjoining parcels located at the northeast corner of Texas Avenue and Minnetonka Boulevard. The Redeveloper’s proposed plans call for the removal of the vacant 4,500 square foot office building at the intersection along with the vacant parking lot to the north, and construction of a 101-unit, three to five -story apartment building on the northeast corner of Texas Avenue and Minnetonka Boulevard, and an 11-unit, two-story townhouse building south of 29th Street West. The proposed $26.4 million project includes a mix of studios, one -, and two-bedroom units. The apartment/townhome buildings would be mixed-income with 89 units (80 percent) leasable at market rate and 23 units (20 percent) affordable to households at 50 percent of area median income for 25 years , exceeding the city's Inclusionary Housing Policy requirements. For the redevelopment to achieve a market rate of return and attract private financing, the Redeveloper applied to the EDA for tax increment financing (TIF) assistance. The EDA/city council received a staff report detailing the Redeveloper’s TIF Application at the January 11, 2021 study session along with a recommendation for the appropriate level of assistance. Key business terms for provision of the proposed financial assistance were provided in the March 8, 2021 study session staff report. Financial or budget considerations: Under the proposed redevelopment contract, the Redeveloper agrees to construct the proposed Texa Tonka Apartments project as specified under the PUD approved February 1, 2021. The EDA agrees to reimburse the Redeveloper for qualified Public Redevelopment Costs in connection with the project up to $2.6 million in pay - as-you-go tax increment generated by the development upon its completion. It is estimated that a TIF Note in the above amount would be paid off in approximately 12 years (on a net- present value basis). Such assistance would derive from the establishment of a new housing TIF district. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion EDA resolution Prepared by: Greg Hunt, e conomic development coordinator Reviewed by: Karen Barton, community development director Approved by: Tom Harmening, city manager, EDA executive director Economic development authority meeting of April 5, 2021 (Item No. 7b ) Page 2 Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments Discussion Background: Texa Tonka Apartments, LLC (an affiliate of Paster Development and “Redeveloper”) has an option agreement to acquire the vacant commercial building and vacant parking lot on the northeast corner of Texas Avenue and Minnetonka Boulevard. The Redeveloper propose s two multifamily buildings on the 1.9-acre site : a four- to five -story apartment building on the south side of the site with 101 rental units, and a two-story townhouse building with 11 rental units on the northern portion of the site. Both buildings would feature walk -up units. The development includes amenity spaces, underground parking, first -floor enclosed parking as well as surface and bicycle parking. Additionally, a public trail connection would be constructed through the site to help connect the adjacent neighborhood to the Texa-Tonka Shopping Center, Rainbow Park and North Cedar Lake Regional Trail. The proposed 112-unit apartment/townhouse development would be mixed-income with 89 units (80 percent) leasable at market rate and 23 units (20 percent) affordable to households at 50 percent of area median income (AMI). Per the Metropolitan Council, the 50 percent AMI for a family of four is $51,700. Monthly gross maximum rental rates at 50 percent AMI range from $905 for a studio unit to and $1,163 f or a two-bedroom unit. The proposed amount of affordable housing exceeds the city’s inclusionary housing requirements. The affordable units would be spread evenly through all the units in both buildings. The Redeveloper has also agreed to include a number of energy efficient design features and components into the development (including a rooftop solar array installation capable of generating a minimum of 26 kW) which exceed the city’s Green Building Policy requirements and consequently the Climate Action Plan. Rendering of proposed Texa-Tonka Apartments Economic development authority meeting of April 5, 2021 (Item No. 7b ) Page 3 Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments Texa-Tonka Apartments would be a single-phased residential development. Pending approval of its financing, the Redeveloper plans to commence construction by October 31, 2021 and substantially complete it by October 31, 2023. The Redeveloper’s parent company, Paster Properties, would own and manage the new housing for the long term. The amendments to the 2040 Comprehensive Plan Future Land Use Plan Map, final plat and Second Reading of the Ordinance creating the PUD to allow construction of the proposed development were approved by the city council on February 1, 2021. The Metropolitan Council subsequently approved the Comprehensive Plan amendment on March 1, 2021. Redeveloper’s request for tax increment financing assistance: The Redeveloper indicated at the outset that there were substantial extraordinary costs associated with redeveloping the subject site including building demolition, environmental remediation as well as soil correction and stabilization . Those costs along with the cost of the affordable housing created a gap in the project’s financial proforma preventing it from achieving a market rate of return sufficient to attract financing. To offset this gap, the Redeveloper applied to the EDA for tax increment financing (TIF) assistance. The EDA/city council received a staff report detailing the Redeveloper’s TIF Application at the January 11, 2021 study session along with a recommendation for the appropriate level of assistance for which there was consensus support. Level and type of financial assistance : In summary, the Redeveloper’s sources and uses statements, cash flow projections, and investor rate of return (ROR) related to the proposed multi-family development was reviewed by staff and Ehlers (the EDA’s financial consultant). Based upon its analysis of the Redeveloper’s financial proforma, Ehlers determined that the development would not be reasonably expected to occur on the site in the foreseeable future but/for the provision of up to $2,600,000 in tax increment assistance. The TIF assistance would be made available to reimburse the Redeveloper for a portion of its Public Redevelopment Costs (which includes the costs of building demolition, environmental remediation, and construction of the affordable housing). Upon completion of both buildings and verification of the Redeveloper’s qualified Public Redevelopment Costs, tax increment generated from the increased value of the property would be provided to the Redeveloper on a "pay-as-you-go" basis, which is the preferred financing method under the city's TIF Policy. It is projected that the TIF Note would be paid off in approximately 12 years with increment generated by the development which is consistent with other projects the EDA previously facilitated. Property value and taxes: The current combined assessed market value of the nine parcels constituting the subject redevelopment site is just over $2.1 million. This is the proposed TIF district’s Base Value. The combined estimated market value of these properties upon the proposed development’s completion (for TIF estimation purposes) is $26.4 million. Most of this value (minus the Base Value) would be captured as tax increment and used to make payments on the TIF Note to the Redeveloper until it is paid off. The city, county and school district would continue to receive the property taxes collected on the subject site’s Base Value. Economic development authority meeting of April 5, 2021 (Item No. 7b ) Page 4 Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments Proposed redevelopment contract: Key business terms for providing the proposed financial assistance were provided in the March 8, 2021 study session staff report. The proposed redevelopment contract specifies the mutual obligations between the EDA and the Paster Development as well as the terms of the financial assistance to be provided. The following is a summary of the proposed business terms between the EDA and Texa Tonka Apartments, LLC (“Redeveloper”) which are consistent with the EDA ’s TIF Policy, past practices and previous discussions with the EDA/city council. The Redevelopment Property consists of those properties highlighted in the aerial photo below. Properties comprising the Texa Tonka Apartments’ “Redevelopment Property” 1.The Redeveloper agrees to construct a multifamily housing development on the Redevelopment Property consisting of a 101-unit apartment building and 11-unit townhome building, along with associated below -level and surface parking (the “Development”) as outlined under the PUD approved February 1, 2021. 2.The EDA agrees to reimburse the Redeveloper for a portion of its Public Redevelopment Costs (defined as the costs of building demolition, environmental remediation , and construction of affordable housing) associated with the Development through tax increment financing (TIF) up to $2,600,000. Economic development authority meeting of April 5, 2021 (Item No. 7b ) Page 5 Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments 3.The EDA agrees to issue a tax increment revenue note (“TIF Note”) to the Redeveloper in the maximum principal amount of $2,600,000 payable from available tax increment, generated by the Development on a “pay-as-you-go” basis, over a period of approximately 12 years. The TIF Note will bear interest at the lesser of 4.25% or Redeveloper’s actual financing interest rate. The TIF assistance will not constitute a business subsidy under Minnesota statutes because the assistance is for housing. 4.In order to provide the tax increment to the Redeveloper, the EDA agrees to establish a new housing TIF district includ ing the following nine parcels: •7916 Minnetonka Blvd •2939 Texas Ave S •2929 Texas Ave S •2925 Texas Ave S •2921 Texas Ave S •2917 Texas Ave S •2913 Texas Ave S •2907 Texas Ave S •2901 Texas Ave S 5.The EDA will issue the TIF Note to the Redeveloper upon Redeveloper providing the EDA with a statement specifying the Public Redevelopment Costs incurred by the Redeveloper related to the Development along with evidence that each identified Public Redevelopment Cost has been paid or incurred by the Redeveloper. 6.The TIF assistance will be subject to a "look back" analysis to be performed by Ehlers, the EDA’s financial consultant, upon: (1) completion of the Development (2) the date the Development achieve s stabilization (95% lease -up) or (3) if Redeveloper sells or refinances the Development within six years after completion . Under the provision, the Redeveloper would be required to submit final project costs related to the Development and reports detailing the Development’s actual financial performance. The look back provision ensures that if the Development’s total Public Redevelopment Costs are lower or if the project performs financially better upon stabilization than the Redeveloper’s estimates, the EDA shares economically in the success of the project by reducing the amount of TIF assistance provided. 7.Construction of the Development will commence by October 31, 2021 and will be substantially completed by October 31, 2023. 8.Redeveloper will construct the Development and maintain it in good condition by a property management company with substantial experience until the Contract terminates. 9.Redeveloper will comply with the city’s current Inclusionary Housing Policy. Specifically, Redeveloper agrees to a 25-year covenant designating at least 23 (20 percent) of the total rental housing units will be reserved for households at or below 50% AMI. Economic development authority meeting of April 5, 2021 (Item No. 7b ) Page 6 Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments 10.Redeveloper will design the Development to Green Communities criteria and will comply with the city’s current Green Building Policy in its construction and operation. Among the sustainability features to be included is a rooftop solar array installation capable of generating a minimum of 26 kW. 11.Redeveloper will install the following items, at a minimum, in conformity with the city’s Planning Development Contract: •Level-two electric vehicle charging stations ; •Landscaping and public art on the Redevelopment Property; •Trail connection to Rainbow Park; •Dedicated broadband wired connections and conduit; •Installation of a video surveillance system to provide coverage of the parking facility, as well as entrances to stairs and elevators; and •Installation of an approved bi-directional 800 MHz emergency signal enhancement system. 12.Redeveloper and EDA mutually agree to enter into a Minimum Market Value Assessment Agreement setting a minimum property tax value for the Development. 13.Redeveloper agrees to pay reasonable administrative costs incurred by the EDA, including consultant and attorney fees, in connection with the Development. 14.If Redeveloper defaults under the Contract, the EDA may (among other things) terminate the TIF Note and the Contract. 15.The Contract and TIF Note will terminate upon the earliest of the final payment of principal and interest on the TIF Note, the required decertification of the TIF District, or an uncured Event of Default under the Contract. A copy of the redevelopment contract is available for review in the community development department. Summary: As indicated in the January 11, 2021 study session staff report, the proposed $26.4 million Texa Tonka Apartments development has a verified financial gap and is not financially feasible but for the provision of tax increment financing. To offset this gap, it is proposed that the EDA consider reimbursing the Redeveloper up to $2.6 million in pay -as-you-go tax increment generated by the redevelopment for a term of approximately 12 years. Providing tax increment financing assistance to the proposed Texa Tonka Apartments makes it possible to: •redevelop underutilized and environmentally impacted property . •further diversify the city’s housing stock with new multi-family apartment and townhouse offerings consistent with the Comprehensive Plan. •provide the community with 89 additional market rate and 23 affordable housing units. •facilitate $26.4 million of new investment further invigorating the surrounding neighborhood. Economic development authority meeting of April 5, 2021 (Item No. 7b ) Page 7 Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments •create a more mixed-use e nvironment around the recently renovated Texa Tonka Shopping Center and further stabilize the commercial businesses in the area by increasing the potential customer base. •bring the subject properties to optimal market value and add to the city’s tax capacity . •construct quality buildings (e.g. sound architectural design, quality construction and materials) with underground parking, public features, and sustainable elements. Paster Development’s proposed Texa Tonka Apartments project meets the minimum and desired qualifications , and the city’s objectives for the provision of Tax Increment Financing as specified in the city’s TIF Policy. The proposed amount of TIF assistance is in -line with other developments the EDA has previously assisted. Recommendation: Staff supports approval of the proposed redevelopment contract with Texa Tonka Apartments, LLC as outlined above so as to advance the Tonka Apartments project. The attached resolution of approval allows for modifications to the contract that do not alter the substance of the transaction without bringing the contract back to the EDA for amendment. Next steps: Upon execution of the redevelopment contract, the Redeveloper plans to close on its project financing and commence construction by October 31, 2021. Economic development authority meeting of April 5, 2021 (Item No. 7b ) Page 8 Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments EDA Resolution No. 21 - ____ Resolution approving contract for private redevelopment and authorizing the issuance of a tax increment revenue note (Texa Tonka Project) to Texa Tonka Apartments, LLC Be it resolved by the Board of Commissioners (the “Board”) of the St. Louis Park Economic Development Authority (the “Authority”) as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The Authority and the City of St. Louis Park, Minnesota (the “City”) have approved the establishment of the Texa Tonka Tax Increment Financing District (the “TIF District”), a housing district, within Redevelopment Project No. 1 (the “Project”) and have adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Project. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that it issue and sell its Tax Increment Revenue Note (Texa Tonka Project) (the “Note”) for the purpose of financing certain public redevelopment costs of the Project. 1.02. Approval of Agreement; Issuance, Sale, and Terms of the Note . (a)The Contract for Private Redevelopment (the “Agreement”) between the Authority and Texa Tonka Apartments, LLC, a Minnesota limited liability company (the “Owner”), as presented to the Board, is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the Agreement by such officials shall be conclusive evidence of approval. Authority staff and officials are authorized to take all actions necessary to perform the Authority’s obligations under the Agreement as a whole, including without limitation execution of any documents to which the Authority is a party referenced in or attached to the Agreement, all as described in the Agreement. (b)The Authority hereby authorizes the President and Executive Director to issue the Note in accordance with the Agreement. All capitalized terms in this resolution have the meaning provided in the Agreement unless the context require s otherwise. (c)The Note shall be issued to the Owner in the maximum aggregate principal amount of $2,600,000 in consideration of certain eligible costs incurred by the Owner under the Agreement, shall be dated the date of delivery thereof, and shall bear interest at the lesser of 4.25% or the actual rate of financing obtained by the Owner, from the date of issue per annum to the earlier of maturity or prepayment. The Note will be issued in the principal amount of Economic development authority meeting of April 5, 2021 (Item No. 7b ) Page 9 Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments Public Redevelopment Costs submitted and approved in accordance with Section 3.4 of the Agreement. The Note is secured by Available Tax Increment, as further described in the form of the Note herein. The Authority hereby delegates to the Executive Director the determination of the date on which the Note is to be delivered, in accordance with the Agreement. Section 2. Form of Note . The Note shall be in substantially the form attached hereto as Exhibit A, with the blanks to be properly filled in and the principal and interest rate amounts adjusted as of the date of issue. Section 3. Terms, Execution and Delivery. 3.01. Denomination, Payment. The Note shall be issued as a single typewritten note numbered R-1. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The Authority hereby appoints the Chief Financial Officer of the City to perform the functions of registrar, transfer agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note . Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. Economic development authority meeting of April 5, 2021 (Item No. 7b ) Page 10 Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments (e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner’s order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note . In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, Termination Dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of its President and Executive Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be delivered by the Executive Director to the Owner thereof in accordance with the Agreement. Section 4. Security Provisions. 4.01. Pledge . The Authority hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment, as defined in the Note. Available Tax Increment shall be applied to payment of the principal of and interest on the Note in accordance with the terms of the form of Note set forth in Section 2 of this resolution. 4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall maintain a separate and special “Bond Fund” to be used for Economic development authority meeting of April 5, 2021 (Item No. 7b ) Page 11 Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments no purpose other than the payment of the principal of and interest on the Note. The Authority irrevocably agrees to appropriate to the Bond Fund on or before each Payment Date the Available Tax Increment in an amount equal to the Payment then due, or the actual Available Tax Increment, whichever is less. Any Available Tax Increment remaining in the Bond Fund shall be transferred to the Authority’s account for the TIF District upon the termination of the Note in accordance with its terms. 4.03. Additional Obligations. The Authority will issue no other obligations secured in whole or in part by Available Tax Increment unless such pledge is on a subordinate basis to the pledge on the Note. Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the Authority, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. Section 6. Effective Date . This resolution shall be effective upon approval. (The remainder of this page is intentionally blank.) Economic development authority meeting of April 5, 2021 (Item No. 7b ) Page 12 Title: Redevelopment Contract with Paster Development – Texa Tonka Apartments Reviewed for Administration: Adopted by the Economic Development Authority April 5, 2021 Thomas K. Harmening, executive director Tim Brausen, president Attest: Melissa Kennedy, secretary 710521v1 MNI SA285-132 Meeting: City council Meeting date: April 5, 2021 Minutes: 3a Unofficial minutes City council meeting St. Louis Park, Minnesota Feb. 16, 2021 1. Call to order Mayor Spano called the meeting to order at 6:52 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Jake Spano, Tim Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, Nadia Mohamed, and Margaret Rog Councilmembers absent: none Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Director of Community Development (Ms. Barton), Deputy City Manager/Human Resources Director (Mr. Deno), Operations & Recreation Director (Ms. Walsh), Assistant Housing Supervisor (Ms. Olson), Assistant Zoning Administrator (Mr. Morrison), Senior Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas) Guests: Kori Shingles, Jason West, Brenda Lano-Wolke, Becky Bakken 2. Presentations 2a. Recognition of Kori Shingles and Jason West for MRPA Presidential Award for work on race, equity, and inclusion REI Ms. Walsh presented awards for Ms. Shingles and Mr. West for their work on race, equity, and inclusion. Ms. Walsh stated both were awarded the 2020 presidential award for work on race equity and inclusion, adding St. Louis Park has done a great deal of training and she is extremely proud of them, noting they are both outstanding assets for the city. Ms. Shingles stated she and Mr. West are both members of MRPA and very proud of the work this group is doing, as this is an opportunity to show off St. Louis Park and the city’s good work in this area. Mr. West added his thanks to the city and for the opportunity to educate others and be advocates. He thanked the council for the opportunity they have given to them as well. Mayor Spano stated this is very important work, adding that both Ms. Shingles and Mr. West are tremendous additions to the city. He stated on behalf of city residents, he City council meeting of April 5, 2021 (Item No. 3a) Page 2 Title: City council meeting minutes of February 16, 2021 thanked them for their work and critical programming that can be accessed by all residents. Councilmember Harris added her congratulations and asked how conversations with colleagues are going. Ms. Shingles stated people have been very receptive and there have been great conversations about tangible, actionable things they want to do to move forward. She added there has been very exciting action and not just lip service. Ms. Shingles added the goal is for the advisory board to be able to go away, and the work being done becomes an automatic thing. Councilmember Kraft stated he honors the leadership that both Mr. West and Ms. Shingles have shown and added he loves that they are helping others on this journey. Councilmember Mohamed stated it was good to see both Mr. West and Ms. Shingles and she is happy for their reward, while encouraging them to continue to do their good work. 2b. Recognition of donations Mayor Spano thanked Linda Mell for a $200 donation for purchase of a tree in Wolfe Park, and for a $300 donation from Lynn Camp and Lesley Dionne for purchase of a memorial tree in Wolfe Park in honor of Dave and Ruth Bowman. 2c. Discover St. Louis Park (DSLP) update Ms. Bakken provided a year-end summary. She noted 2020 was a difficult year and highlighted both positive and negative aspects of the business. Councilmember Dumalag asked if the city’s bulk of its hotel inventory is along Hwy. 394. Ms. Bakken stated yes. Councilmember Dumalag asked if most visitors to the city, prior to COVID, came because of events. Ms. Bakken stated yes, including professional sporting events, concerts, activities, and youth sports. Councilmember Kraft thanked Ms. Bakken for the great job done in 2020, under the circumstances, and noted the data on restaurants and hotels she presented. He asked about marketing in 2021. Ms. Bakken stated there is still concern with COVID and they are hopeful, adding a vaccine will be a game changer, but noted their financial situation was worse than feared. She stated Discover St. Louis Park made good decisions early in 2020 and while their income was challenged, they reacted immediately and with their reserves and CARES funding, were able to preserve the business. She added the PPP funding recently received will allow them to stay cautious and careful, while being able to add funds to their budget and begin marking again. City council meeting of April 5, 2021 (Item No. 3a) Page 3 Title: City council meeting minutes of February 16, 2021 Councilmember Kraft asked Ms. Bakken to keep the council informed if there are financial issues that arise again this year. Councilmember Harris stated she is looking forward to the time when the coffers are full again. She added she is curious about other sectors of the business that are positively impacted from hotel stays and food and beverage, along with transportation. She asked how far out the ring of impact is from a hotel location. Ms. Bakken stated it is typically 5 miles out from the city’s hotel district. Councilmember Harris asked about the hospitality industry, noting that the forecast of 50% insolvency is saddening, especially since it draws people to the city, and the West End. She asked how the West End is doing. Ms. Bakken stated they have been challenged, but stimulus has helped. Councilmember Brausen stated this is a heartbreaking year for Ms. Bakken and her staff, adding they have his greatest sympathy during this tragedy. He asked what Discover St. Louis Park needs from the council, besides support. Ms. Bakken stated the council’s support is very needed, and knowing the council is there for the business community is huge. Councilmember Rog agreed with Councilmember Brausen adding she hopes Discover St. Louis Park can rebuild going forward. She stated corporate travel may not return to business as usual and asked Ms. Bakken what her thoughts are about that, what challenges there are, and how the council can provide support. Ms. Bakken stated this is true and she is not sure how things will look in the future. She stated they are working closely with Meet Minneapolis, adding that corporate travel will return, but there will be a new normal going into 2021, 2022, and 2023. Councilmember Rog stated Minneapolis and Edina have enacted ordinances related to delivery fees to help small businesses by limiting fees charged. Ms. Bakken stated she has not heard specifics from restaurants yet on this. 3. Approval of minutes 3a. City council meeting minutes of Jan. 4, 2021 It was moved by Councilmember Brausen seconded by Councilmember Harris, to approve the Jan. 4, 2021 city council meeting minutes as presented. The motion passed 7-0. 3b. Study session meeting minutes of Jan. 11, 2021 Councilmember Kraft stated on page 7, 3rd paragraph it should read, “…could…” instead of should, and later “…onramp to climate action to the community…” City council meeting of April 5, 2021 (Item No. 3a) Page 4 Title: City council meeting minutes of February 16, 2021 Councilmember Kraft stated on page 8, 2nd paragraph under NOAH housing, it should read “…not be energy efficient…” It was moved by Councilmember Brausen, seconded by Councilmember Kraft, to approve the Jan. 11, 2021 study session meeting minutes as amended. The motion passed 7-0. After the motion, Councilmember Harris stated on page 3 in the 5th paragraph, it should read “Councilmember Rog…” and not Councilmember Harris. An amendment was moved to the above motion by Councilmember Harris, seconded by Councilmember Brausen, to approve the Jan. 11, 2021 study session meeting minutes with additional amendments. The motion passed 7-0. 4. Approval of agenda and items on consent calendar 4a. Adopt Resolution No. 21-017 approving renewal of liquor licenses for the license term March 1, 2021 through March 1, 2022. 4b. Approve the amendment to the amended and restated agreement, between the city and T-Mobile Central LLC, for communication antennas and related equipment on the city’s water tower at 8301 West 34th Street for Agreement No. 21-17. 4c. Approve Amendment No. 2 to City Agreement No. 14-04, between the city and T- Mobile for communication antennas on the city’s water tower at 2541 Nevada Avenue South. 4d. Adopt Resolution No. 21-018 approving acceptance of a $200 donation from Linda Mell for the purchase of a tree in Wolfe Park and a $300 donation from Lynn Camp and Lesley Dionne for the purchase of a memorial tree in Wolfe Park in honor of Dave and Ruth Bowman. 4e. Designate Northdale Construction Company as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $348,900 for the Booster Station at Water Treatment Plant #8, Project No. 5321-5004. 4f. Adopt resolution authorizing staff to amend the cooperative agreement with Hennepin County. The agreement is for a feasibility study to consider connections across the BNSF Railroad adjacent to Highway 100 - Project No. 4018-2000. (This item was removed from the consent calendar and considered as regular agenda as item 8b.) 4g. Adopt Resolution No. 21-019 delegating authority to make electronic fund transfers to the chief financial officer. 4h. Adopt Resolution No. 21-020 setting liquor license fees for the license term March 1, 2021 – March 1, 2022 pursuant to Minnesota statute 340A.408 and section 3-59 of the St. Louis Park City Code. City council meeting of April 5, 2021 (Item No. 3a) Page 5 Title: City council meeting minutes of February 16, 2021 4i. Designate Bituminous Roadways, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $557,979.17 for the 2021 Street Maintenance– Project No. 4021-1200. 4j. Adopt Resolution No. 21-021 providing for the sale of general obligation bonds in the amount of approximately $12,385,000. (Requires 6 of 7 affirmative votes.) 4k. Approve for filing planning commission minutes of Jan. 6, 2021 Councilmember Brausen requested that consent calendar item 4f be removed and placed on the Regular Agenda to 8b. It was moved by Councilmember Brausen, seconded by Councilmember Harris, to approve the agenda and items listed on the consent calendar as amended to move consent calendar item 4f to the regular agenda as item 8b; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and commissions - none 6. Public hearings 6a. Public hearing to consider allocation of 2021 Community Development Block Grant (CDBG) funds Ms. Olson presented the staff report. Mayor Spano opened the public hearing and Ms. Lano-Wolke addressed the council while the line was open for potential callers. Ms. Lano-Wolke, the new Executive Director for Homes Within Reach, stated this is a proven model and effective tool to address housing goals. She added this program provides opportunities for hardworking individuals to live in communities they work in, which helps them be more involved in their communities, become great citizens, and helps reduce crime also. Ms. Lano-Wolke added they buy homes that are not energy efficient and do extensive rehab to make them energy efficient. She noted they rely on cities like St. Louis Park to help and since 2006, she stated they have added 19 homes in the city. Ms. Lano-Wolke stated the land trust model works and thanked the city for their support, adding they will continue to be good community partners and stewards of the land in St. Louis Park. No speakers were present. Mayor Spano closed the public hearing. Councilmember Dumalag asked if the $30,000 designated to land in St. Louis Park is not just an opportunity for this organization. Ms. Olson stated yes, the CDBG funds are allocated to a home in a certain address in St. Louis Park property. She added the city City council meeting of April 5, 2021 (Item No. 3a) Page 6 Title: City council meeting minutes of February 16, 2021 then funds the home as it becomes available and meets the criteria and funds are allocated. Councilmember Kraft asked if the city provides more than $30,000. Ms. Olson stated yes, adding the city provides more and does allocate an additional $70,000 as well as $10,000 if the property is foreclosed – for two homes per year. Councilmember Kraft asked if the city’s money is leveraged with the county or state. Ms. Lano-Wolke stated yes, adding that funding is leveraged through the county and super RFPs to MN housing financing. She added there is also housing infrastructure bonding and funding from the Met Council as well, while small grants cover overhead. Councilmember Kraft asked why the city settles on doing only two per year, and why not do more. Ms. Lano-Wolke stated capacity is an issue. Ms. Olson stated the goal has always been two homes, but it depends on the market also, and there is a limited amount we are able to give to homes within reach. Ms. Lano-Wolke added they would love to do more, but they are also competing with home flippers and distant landlords. She added the goal is to do two homes and this is a good fit in this economy with the market as it is. Councilmember Mohamed added she is happy with this work that is helping families, and these programs make it affordable – especially for those who work in hospitality. She stated she is happy to see this as homeownership is the key to building wealth. Councilmember Mohamed stated in St. Louis Park we are very much homeowners versus renters and sometimes ideologies as to why homes are purchased leads to a hierarchy of sorts, and then puts renters down. However, she stated overall she is happy with this program. Ms. Lano-Wolke agreed stating homeownership is not for everyone, and some prefer to be renters, and still want the mobility. She stated there are studies behind the models but giving people the chance to have home ownership should be there for all regardless of what they choose to do for a living. Councilmember Rog agreed with Councilmember Mohamed adding she believes in homeownership as well and agrees with the studies but noted there is a nuance on homeownership is viewed versus renting and she wants to avoid that. Councilmember Rog asked if there is potential for St. Louis Park to apply for additional funds through grants in the county. Ms. Olson stated prior to 2018 the city would get the entire allocation and then would determine how the allocated funds were used and could allocate up to 15%, adding this was how it was used for the Meadowbrook program. Ms. Olson added now STEP is applying for those programs for a wide variety of projects and she is not sure if the city is eligible but noted the city has provided support letters for STEP. City council meeting of April 5, 2021 (Item No. 3a) Page 7 Title: City council meeting minutes of February 16, 2021 Councilmember Brausen stated he supports the use of these funds and keeping housing affordable. Councilmember Harris noted the staff report says 44 households are on the waiting list and asked what the process is for moving them off the wait list. Ms. Olson stated households will apply through Hennepin County and they determine eligibility. She stated homeowners stay on the list and then emergency situations are triaged and not everyone on the wait list chooses to move forward with a loan, and some do move forward if they want to. She added some drop off and will go with a different program as well. Councilmember Harris asked how many are served per year. Ms. Olson stated the city serves about 4-5 households per year. It was moved by Councilmember Brausen, seconded by Councilmember Harris, to adopt Resolution No. 20-022, approving proposed use of 2021 Urban Hennepin County Community Development Block Grant (CDBG) funds an authorize execution of sub- recipient agreement with Hennepin county and third-party agreements. The motion passed 7-0. 7. Requests, petitions, and communications from the public – none 8. Resolutions, ordinances, motions, and discussion items 8a. First reading of ordinance pertaining to outdoor seating in the I-G general industrial zoning district Mr. Morrison presented the staff report. Mayor Spano asked about the safety of having people seated outside and what the ordinance says. Mr. Morrison stated the planning department does review this and looks at safety. He stated it is a concern and is taken into consideration, adding when the outdoor seating area encroaches into the public right-of-way, fencing is required. He added on private property, however, they are reviewed on a case-by-case basis. Councilmember Kraft asked about this use historically not being allowed and what the downsides might be. Mr. Morrison stated outdoor seating that is open to the public is not allowed. Seating is permitted for employees of businesses in this district. The city recently allowed businesses such as taprooms and cocktail rooms in this district. These uses typically utilize outdoor seating areas, which is why this application was submitted to the city. He stated bringing commercial uses into industrial areas does raise some concerns about safety and security. For the most part, outdoor seating will be utilized when most industrial uses are closed for the day, but this can’t be guaranteed as some industrial uses may have second or third shifts. Additionally, the industrial uses may City council meeting of April 5, 2021 (Item No. 3a) Page 8 Title: City council meeting minutes of February 16, 2021 have concerns about security for their buildings or materials and equipment stored outside. Councilmember Kraft asked if this is looked at on a case-by-case basis. Mr. Morrison stated yes, we review traffic patterns as well as where the seating is being placed and as it relates to parking. Councilmember Dumalag asked what type of uses are permitted in the general industrial district. Mr. Morrison stated common uses include manufacturing, outside storage, office uses, automobile repair uses. Councilmember Dumalag asked if this can be applied in that zoning area, but by staff review. Mr. Morrison stated yes, adding this use as an accessory use gives the business a right to do so, but only if they meet conditions will the application be approved. Councilmember Dumalag asked if staff reviews the size also. Mr. Morrison stated yes, size becomes an issue especially with parking, which can be restrictive and may limit the size. Councilmember Dumalag asked about impacts on capacity for restroom use and if owners will be charged for sac and wac. Mr. Morrison stated yes. Staff also reviews the emergency exits to make sure they are not blocked. Councilmember Brausen stated he does not see much of a safety concern with this, adding he thinks people are cautious. He noted if there is a problem in the future it can be addressed, and this seems like it is leveling the playing field. It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to approve the first reading of ordinance amending Section 36-244(e) pertaining to outdoor seating in the I-G general industrial zoning district and set second reading for March 1, 2021. The motion passed 7-0. 8b. Cooperative agreement with Hennepin County for a feasibility study to consider connections across the BNSF Railroad adjacent to Highway 100 – project no. 4018-2000. Resolution No. 21-023 Councilmember Brausen stated it was previously agreed to enter into this agreement with Hennepin County for a bike and pedestrian bridge over the railroad tracks adjacent to Highway 100. He added that Councilmember Rog and he have been interested in this opportunity for a crossing there. Councilmember Brausen added given the Dakota and Edgewood Bridge, this would be another great location for the purposes of “Connect the Park”. He raised this issue for visibility of this project for area residents and unfortunately, due to COVID, it was postponed a year. He noted options will continue to be explored not on this project. City council meeting of April 5, 2021 (Item No. 3a) Page 9 Title: City council meeting minutes of February 16, 2021 It was moved by Councilmember Brausen, seconded by Councilmember Rog, to adopt Resolution No. 21-023 authorize staff to amend the cooperative agreement with Hennepin County for a feasibility study to consider connections across the BNSF Railroad adjacent to Highway 100 – project no. 4018-2000. The motion passed 7-0. 9. Communications Councilmember Rog thanked the council for reaching out to offer support this past week when the community was reeling from a tragic death. She appreciated all and stated it meant a lot to her. Councilmember Harris stated the Texatonka shopping center has a new tenant which is a taco burrito restaurant called Rito’s Burritos. She added Revival is also building out there space as well. 10. Adjournment The meeting adjourned at 8:47 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: April 5, 2021 Minutes: 3b Unofficial minutes City council meeting St. Louis Park, Minnesota March 1, 2021 1. Call to order Mayor Spano called the meeting to order at 7:05 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Jake Spano, Tim Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, and Margaret Rog Councilmembers absent: Nadia Mohamed Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Assistant Zoning Administrator (Mr. Morrison), Senior Management Analyst (Ms. Solano) Guests: Chris Cult, Excelsior Group 2. Presentations 2a. Colorectal cancer awareness month – March 2021 Mayor Spano read the Colorectal Cancer awareness month proclamation for March 2021. 2b. Recognition of donations Mayor Spano noted the following donations and thanked donors on behalf of the council: • A $300 donation from Jody Winger for the purchase of a tree to be placed in Wolfe Park in honor of Bill Rosenfeld. • A $100 donation to the fire department from Bryan and Ronna Bartness for fire prevention programs and equipment. 3. Approval of minutes 3a. City council meeting minutes of Jan. 19, 2021 Councilmember Brausen noted on page 7 the street name is spelled “Burd Place”. City council meeting of April 5, 2021 (Item No. 3b) Page 2 Title: City council meeting minutes of March 1, 2021 It was moved by Councilmember Brausen seconded by Councilmember Rog to approve the Jan. 19, 2021 city council meeting minutes as amended. The motion passed 6-0 (Councilmember Mohamed absent). 3b. Special study session meeting minutes of Jan. 19, 2021 It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve the Jan. 19, 2021 special study session meeting minutes as presented. The motion passed 6-0 (Councilmember Mohamed absent). 3c. City council meeting minutes of Feb. 1, 2021 Councilmember Dumalag noted on page 1, 2A it should read “…parking garage” vs. “parking”. Councilmember Kraft noted on page 2, 8th paragraph down it should read, “… don’t know how long, don’t know how much, don’t know when we can tell you how long or how much. He also stated he wanted to know at least a date for when we will know information.” It was moved by Councilmember Brausen, seconded by Councilmember Kraft, to approve the Feb. 1, 2021 city council meeting minutes as amended. The motion passed 6-0 (Councilmember Mohamed absent). 4. Approval of agenda and items on consent calendar 4a. Accept for filing city disbursement claims for the period of January 23, through February 19, 2021. 4b. Approve second reading and adopt Ordinance No. 2607-21 amending Chapter 36 pertaining to zoning and approve summary ordinance for publication. 4c. Designate Standard Sidewalk, Inc. the lowest responsible bidder, and authorize execution of a contract with the firm in the amount of $188,266.75 for concrete replacement – Project No. 4021-0003. 4d. Designate G.L. Contracting, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $526,407.10 for the Alley Reconstruction Project No. 4020-1500. 4e. Adopt Resolution No. 21-024 accepting work and authorizing final payment in the amount of $34,121.60 for Project No. 4018-1050, which is the Historic Walker Lake Phase 1 improvement project with Minger Construction Inc., Contract No. 96-19. 4f. Adopt Resolution No. 21-025 approving acceptance of a $300 donation from Jody Winger for the purchase of a tree to be placed in Wolfe Park in honor of Bill Rosenfeld. 4g. Adopt Resolution No. 21-026 accepting donation to the fire department from Bryan and Ronna Bartness for fire prevention programs and equipment. City council meeting of April 5, 2021 (Item No. 3b) Page 3 Title: City council meeting minutes of March 1, 2021 4h. Adopt Resolution No. 21-027 in support of application for MnDOT Local Road Improvement program funding for the Louisiana Avenue/Cedar Lake Road improvement project no. 4023-1101. It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0. (Councilmember Mohamed absent). 5. Boards and commissions - none 6. Public hearings 6a. Excelsior Blvd., LLC dba Hazelwood Food and Drink – St. Louis Park Ms. Solano presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Councilmember Harris asked if this is in the Bremer Bank building. Ms. Solano stated it is in the Bridgewater Bank Building. Councilmember Harris asked if this is a locally-owned franchise. Ms. Solano stated the owners have other restaurants under the Hazelwood name. It was moved by Councilmember Kraft, seconded by Councilmember Dumalag, to approve application from Excelsior Blvd., LLC dba Hazelwood Food and Drink – St. Louis Park for an on-sale intoxicating liquor license for the premises located at 4450 Excelsior Blvd. unit 120. The motion passed 6-0 (Councilmember Mohamed absent). 7. Requests, petitions, and communications from the public – none 8. Resolutions, ordinances, motions, and discussion items 8a. First reading of ordinance pertaining to signs on rooftop screening Mr. Morrison presented the staff report. Councilmember Dumalag recused herself from the discussion and vote due to a conflict of interest, as she is employed at JLLHGR which is entering a long-term lease agreement with Excelsior Group. City council meeting of April 5, 2021 (Item No. 3b) Page 4 Title: City council meeting minutes of March 1, 2021 Councilmember Brausen asked the size of the proposed sign of the 10 West office building. Mr. Morrison stated a 300-square-foot maximum sign is proposed on the exhibit, but the proposed HDR sign is considerably smaller. Councilmember Brausen stated he trusts staff and understands how large of a sign this will be. He asked if adoption of this ordinance will apply to other buildings as well. Mr. Morrison stated given the criteria of the building having to be zoned PUD and at least 8 stories and an office building, 10 West is the only building this applies to at this time, so it is narrowly defined. Councilmember Brausen asked if the ordinance points out that signs can only advertise businesses in that property. Mr. Morrison stated yes. Councilmember Brausen stated he will support this. Councilmember Rog stated she is hesitating on this. She asked about the language related to special provisions for political signs, directional signs, and real estate signs and for clarification. Mr. Morrison stated those signs are permitted with their own set of conditions and reiterated that the sign can only advertise businesses in that building and are bound by the square foot limits. Councilmember Rog asked about rooftop screening. Mr. Morrison stated this usually surrounds HVAC equipment. He noted the screening on the 10 West building was intentionally oversized to cover more of the roof to incorporate it into the overall design of the building. He stated rooftop screening is required by code. Councilmember Rog asked about buildings that may not have those components on the roof, and thus no screening, or are within the structure of the building, would the ordinance still allow for signs on the rooftop. Mr. Morrison stated that’s the advantage of only allowing it in the PUD districts, the building design would be reviewed and approved or disapproved by the planning commission and the city council. Councilmember Rog stated she prefers less large advertising and is not a big fan of this. Councilmember Harris asked how what’s proposed, signage on screening, is different than what other buildings have done. Mr. Morrison stated currently these signs are on the sides of buildings, sometimes covering windows. He noted on 10 West, with the PUD, the sign is incorporated into the design of the building. Councilmember Harris asked if there are other businesses in the building. Mr. Morrison stated yes, and they would be allowed smaller signage on the side of the building. Councilmember Harris asked if this screen structure design element is more of a high- end signage. Mr. Morrison stated that’s the intent to have it incorporated into the design of the building. Councilmember Harris stated she will support the ordinance. City council meeting of April 5, 2021 (Item No. 3b) Page 5 Title: City council meeting minutes of March 1, 2021 Councilmember Kraft asked about 8 story versus 7 or 6 story. Mr. Morrison stated staff looks at the code to be consistent with other similar code provisions and not create various tier levels. He added 8 stories gets above most residential buildings. Councilmember Kraft noted he does not view the PUD process as positive as it requires so much subjectivity. Mr. Morrison stated that is correct, but the alternative of trying to draft a general code provision that allows it city wide with specific conditions is a big task in trying to catch all the unintended consequences. He added the PUD process has advantages by allowing the planning commission and council some input into the design of the screening structure and signage. Mr. Morrison stated the PUD helps avoid variances as well. Councilmember Kraft added his concern is if we are making an exception for one property or does this allow for an evolution as to how the city thinks about this. Mr. Morrison stated the PUD option makes architects and property owners think about how they can incorporate signage into the design of the building as opposed to treating signage as an afterthought. Councilmember Kraft stated he is will support this as it addresses the evolution of the process. Mayor Spano asked how many buildings in the city are 8 stories or higher. Mr. Morrison estimated about four office buildings, but none are zoned PUD. Mayor Spano stated he does not have a problem with signs like this on high buildings, adding he understands why the ordinance changed in the 1970s because of aesthetics. He noted many signs in various cities become iconic. Mayor Spano stated we should not be so concerned about them and pointed out he lives behind Park Nicollet and their signage is acceptable and appropriate and he will support this. Councilmember Brausen stated the illustration in the packet gives reference to the size of the sign. He asked about the message on the sign proposed. Mr. Culp stated the sign will be the name of a tenant in the building. He noted “HDR” will be on the sign, the name and logo of an engineering firm, and they are limited to 60 square feet per the lease agreement. It was moved by Councilmember Brausen, seconded by Councilmember Harris, to approve the first reading of Ordinance amending Section 36-362(h) pertaining to signs on rooftop equipment screening structures and set second reading for March 15, 2021. The motion passed 5-0 (Councilmember Dumalag abstained, Councilmember Mohamed absent). 9. Communications Mr. Harmening reminded the council of the Children First virtual breakfast on Thursday March 4, noting that sign up can be done on the website. City council meeting of April 5, 2021 (Item No. 3b) Page 6 Title: City council meeting minutes of March 1, 2021 10. Adjournment The meeting adjourned at 8:03 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: April 5, 2021 Minutes: 3c Unofficial minutes City council special study session St. Louis Park, Minnesota March 1, 2021 The meeting convened at 5:40 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, and Margaret Rog Councilmembers absent: Nadia Mohamed Staff present: City Manager (Mr. Harmening) Engineering Director (Ms. Heiser), Senior Engineering Project Manager (Mr. Sullivan), Transportation Engineer (Mr. Manibog), Senior Management Analyst (Ms. Solano) Guests: none 1. Connect the Park update Mr. Sullivan presented the reports. Councilmember Harris commented on way-finding signs and noted a group in the past that focused on these signs. She stated a group of graduate students is currently working on this initiative, adding it would be helpful for them to be referenced in this area. Councilmember Rog stated she agrees with the goals and noted on goal 2, she would like to add “through better pedestrian, bike and mass transit connections in the city”. She stated this would be an improvement and the same can be added to goal 3. Councilmember Kraft agreed with the goals. He asked on goal 1 if adding “reduce carbon output” would be a better way to phrase the goal. He stated it is assumed but not explicit in the goal. Mayor Spano stated he is fine with the current phrasing of the goal and given the language in the CAP, it is clear the city is working to reduce its carbon footprint. Councilmember Brausen agreed with Mayor Spano and stated he does not want to spend time wordsmithing the goals. Councilmember Dumalag agreed with the goals and asked if goal 1 should be a separate goal to address reduction of carbon output. Councilmember Kraft stated if the council is fine with this, he is in agreement as well. Mayor Spano asked about the interested and concerned bicyclist. Mr. Sullivan stated this will be addressed within goal 2 and will be inclusive and easy for the community to understand. City council meeting of April 5, 2021 (Item No. 3c) Page 2 Title: Special study session minutes of March 1, 2021 Councilmember Rog noted the first bullet on goal 3, strategies, which mentions reduce versus eliminate and she asked why. Mr. Sullivan stated this is in the context of Connect the Park, but that they will look at other words to include here. Councilmember Brausen noted from a legal point of view the word “eliminate” might be brought up in court later and might have an impact on discretionary decisions. Councilmember Rog referenced the metrics and asked about public input as part of the evaluative stage and how it will influence the metrics selected. Ms. Heiser stated there is the overall plan metrics and then a segment-by-segment metrics component as well. Councilmember Rog asked if neighbors with the loudest voice will get a sidewalk versus others that may not voice their wants or needs. Mr. Harmening stated amendments can be added to the implementation plan, but there is no set process for this. He stated staff will work on formalizing that process versus making changes on a one-by-one basis. Councilmember Kraft asked if goals will be set against the metrics and measured over time. Ms. Heiser stated there have been no goals set on the metrics as yet but noted that is a good suggestion. Ms. Heiser stated staff will work with ESC liaison Ms. Ziring on this. Councilmember Harris stated a great deal of thought has gone into the metrics matrix to create a system to attain goals and how we are getting there, which is important for citizen engagement. She recalled the visioning 3.0 effort to gather feedback from people of color communities and asked if city-wide attitude surveys will be conducted with BIPOC communities or will their information be weighted. Mr. Sullivan stated there has been some attitude surveying done and more to come this summer, adding this will be an ever-evolving process and with better methods to grow and expand as well. Councilmember Harris asked for clarification on living streets sidewalks and if adding a living street sidewalk would be more feasible in some areas. Ms. Heiser stated each year a living street project will be conducted, and sidewalks included, especially when a living streets project is in process. Councilmember Harris asked about outreach to neighborhoods and if it has been made known that folks can ask for a sidewalk. Ms. Heiser stated staff is asking neighbors for input about adding sidewalks and has had a good response so far. Councilmember Harris noted people are asking for different modes of transit and asked for a metric that relates to behavior change, noting a buddy system for cautious bikers. She asked if this type of model of encouragement has been used. Ms. Heiser stated that has not been used but added staff can explore questions about this within the attitude survey. Councilmember Harris noted the Health in the Park program within the city could demonstrate routes through the city, to encourage folks to bike. City council meeting of April 5, 2021 (Item No. 3c) Page 3 Title: Special study session minutes of March 1, 2021 Councilmember Dumalag asked if the metrics noted are still applicable. Mr. Sullivan stated the metrics will be the check-up on Connect the Park and will help to see if the city is hitting the mark on the goals, and over time. Councilmember Dumalag asked about the timeline as it relates to the BIPOC community, and if there will be enough time to meet the goals here especially with the departure of Mx. Sojourner. Mr. Sullivan stated staff can carry on but that is a good question to evaluate and will be brought back to council for further discussion. Councilmember Brausen stated the more data the better. He likes the use of the suggested metrics and added usage and safety will show how Connect the Park is working the past 7 years. He added another metric to add will be about carbon emissions and clean air. Councilmember Brausen added in Ward 4 there is still more buildout to be done. He is concerned about pushing out the completion date of Connect the Park and that means some of it might not ever be done due to the CAP needs. He added he looks forward to the metrics and data to come. Mayor Spano appreciated the quantitative and qualitative information of the goals and metrics. He asked about the People for Bikes group and who they are. Mr. Sullivan stated this group can provide good data that is readily available and at a good price, with cutting edge information. Mayor Spano stated he is concerned about the interested but concerned bikers. He noted this is the area where he wants the most data, and he is disappointed the report does not address targeting the interested but concerned user. Ms. Heiser stated the goals will address all ages and abilities, adding in next steps the interested but concerned person will be addressed, and options included. Mayor Spano asked if the interested but concerned person will be the default design. Ms. Heiser stated the proposed bike lanes on Wooddale will address the interested but concerned biker as an option and look at routes, materials, and costs. Councilmember Rog noted throughout the report it notes residents are concerned about winter use of sidewalks and hoping we can address this in future discussions. The meeting adjourned at 6:55 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: April 5, 2021 Consent agenda item: 4a Executive summary Title: Approval of city disbursements Recommended action: Motion to accept for filing city disbursement claims for the period of Feb. 20 through March 26, 2021. Policy consideration: Does the city council desire to approve city disbursements in accordance with Section 6.11 – Disbursements – How Made, of the City’s Charter? Summary: The Finance Division prepares this report on a monthly basis for the city council to review and approve. The attached reports show both City disbursements paid by physical check and those by wire transfer or Automated Clearing House (ACH) when applicable. Financial or budget considerations: Review and approval of the information follows the city’s charter and provides another layer of oversight to further ensure fiscal stewardship. Strategic priority consideration: Not applicable. Supporting documents: City d isbursements Prepared by: Kari Mahan, accounting clerk Reviewed by: Melanie Schmitt , chief financial officer Approve d by: Tom Harmening, city manager 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 1.00 EARLY BIRD ELECTRIC BLDG & ENERGY G & A DUE TO OTHER GOVTS 100.00BLDG & ENERGY G & A ELECTRICAL 101.00 21.602618 BURD LLC WATER UTILITY G&A GENERAL CUSTOMERS 21.60 114.21A-1 OUTDOOR POWER INC TREE MAINTENANCE GENERAL SUPPLIES 114.21 367.89ABRA AUTOBODY GLASS WATER UTILITY G&A GENERAL CUSTOMERS 367.89 887.40ABRITER PLLC BLDG & ENERGY G & A RENTAL HOUSING 887.40 4,216.65ACE ELECTRICAL CONTRACTORS, INC. REC CENTER BUILDING BUILDING MTCE SERVICE 4,216.65 2,796.50ACROSS THE STREET PRODUCTIONS FIRE OPERATIONS TRAINING 2,796.50 6,600.00ACTIVE NETWORK LLC EQUIP/VEHICLE REPLACEMENT OFFICE EQUIPMENT 6,600.00 75.84ADDUCCI JUSTIN WATER UTILITY G&A GENERAL CUSTOMERS 75.84 148.15ADELMANN MATT WATER UTILITY G&A GENERAL CUSTOMERS 148.15 4,500.40ADVANCED ENG & ENVIRONMENTAL SRVCS WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 4,500.40SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES 4,500.41STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 13,501.21 475.00AGREN JAN GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 475.00 104.75AHLBERG CINDY WATER UTILITY G&A GENERAL CUSTOMERS 104.75 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 2 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 3,415.00AIM ELECTRONICS REC CENTER BUILDING OTHER 3,415.00 25.03AJ MOORE ELECTRIC BLDG & ENERGY G & A BUILDING 25.03 91.25ALBERS JUSTIN BLDG & ENERGY G & A PLUMBING 91.25 75.00ALDRICH STACEY GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 75.00 3,750.00ALL TRAFFIC SOLUTIONS, INC.EQUIP/VEHICLE REPLACEMENT POLICE EQUIPMENT 3,750.00 4,232.00ALLIANCE MECH SRVCS INC FACILITIES MCTE G & A BUILDING MTCE SERVICE 4,232.00 2,699.60ALLSTREAMIT G & A TELEPHONE 2,699.60 410.76AMAZON CAPITAL SERVICES FACILITIES MCTE G & A GENERAL SUPPLIES 333.34POLICE G & A GENERAL SUPPLIES 1,074.07POLICE G & A OPERATIONAL SUPPLIES 184.97TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 59.97CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 2,063.11 350.00AMC/MCCFMA FACILITIES MCTE G & A SUBSCRIPTIONS/MEMBERSHIPS 350.00 22.00AMERICAN PRESSURE, INC.GENERAL FUND BALANCE SHEET INVENTORY 22.00 37.50ANCOM TECHNICAL CENTER E-911 PROGRAM EQUIPMENT MTCE SERVICE 37.50 83.31ANDERSON MICHAEL & KAYLA KIENZLE WATER UTILITY G&A GENERAL CUSTOMERS 83.31 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 3 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 3Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 192.94ANDREINI ANTHONY WATER UTILITY G&A GENERAL CUSTOMERS 192.94 3.46APADANA LLC.WATER UTILITY G&A GENERAL CUSTOMERS 3.46 485.00APPLIED CONCEPTS INC POLICE G & A REPAIRS 3,283.00DWI ENFORCEMENT POLICE EQUIPMENT 3,768.00 133.14ARAMARKFIRE OPERATIONS GENERAL PROFESSIONAL SERVICES 288.74FIRE OPERATIONS HEALTH & WELLNESS 421.88 603.75ARC DOCUMENT SOLUTIONS, LLC TECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICE 603.75 6,729.67ARCADIS US., INC.WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 6,729.67 30.48ASPEN EQUIPMENT CO GENERAL FUND BALANCE SHEET INVENTORY 30.48 138.85ASPEN MILLS FIRE OPERATIONS SMALL TOOLS 1,072.56FIRE OPERATIONS UNIFORMS 329.50FIRE OPERATIONS PROTECTIVE CLOTHING 1,540.91 133.02AT&T MOBILITY CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 133.02 210.00ATIR ELECTRIC CORPORATION FACILITIES MCTE G & A BUILDING MTCE SERVICE 210.00 212.00ATOMIC RECYCLING FACILITIES MCTE G & A GARBAGE/REFUSE SERVICE 212.00 125.00AUTO ELECTRIC OF BLOOMINGTON INC GENERAL REPAIR EQUIPMENT MTCE SERVICE 125.00 1,241.90AXON ENTERPRISE, INC.POLICE G & A OPERATIONAL SUPPLIES City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 4 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 4Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 18,228.10POLICE G & A POLICE EQUIPMENT 19,470.00 235.00BAHA EMRAN BLDG & ENERGY G & A CERTIFICATE OF COMPLIANCE 235.00 2,042.50BAKER TILLY VIRCHOW KRAUSE, LLP BLDG & ENERGY G & A GENERAL PROFESSIONAL SERVICES 2,042.50 35.00BARKER EMILY NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 35.00 2,520.00BARNA, GUZY & STEFFEN LTD HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 2,520.00 15.00BASSETT KIMBERLY WATER UTILITY G&A GENERAL CUSTOMERS 15.00 37.50BATTERIES + BULBS SNOW PLOWING EQUIPMENT PARTS 37.50 84.12BATTERIES PLUS BULBS WATER UTILITY G&A GENERAL SUPPLIES 84.12 1,910.98BEDFORD TECHNOLOGY LLC PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 1,910.98 218,500.00BELT LINE PROPERTIES INC RIGHT-OF-WAY IMPROVEMENTS OTHER THAN BUILDI 218,500.00 45.98BENDER KARA WATER UTILITY G&A GENERAL CUSTOMERS 45.98 6,000.00BENNETT JACK ESCROWS PMC ESCROW 6,000.00 236.16BENSON CLIFFORD & JESSICA WATER UTILITY G&A GENERAL CUSTOMERS 236.16 82.62BENUSA BRENT WATER UTILITY G&A GENERAL CUSTOMERS 82.62 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 5 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 5Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 120.23BERENTSON RYAN WATER UTILITY G&A GENERAL CUSTOMERS 120.23 110.17BERG TERRY WATER UTILITY G&A GENERAL CUSTOMERS 110.17 88.60BIROS MYRON WATER UTILITY G&A GENERAL CUSTOMERS 88.60 48.97BLATTNER BRANDON WATER UTILITY G&A GENERAL CUSTOMERS 48.97 1,215.24BOLTON & MENK INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 248.40PAVEMENT MANAGEMENT G&A GENERAL PROFESSIONAL SERVICES 462.72WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 38.28SEWER CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 243.36STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 2,208.00 55.00BOORTZ JUSTIN BROOMBALL REFUNDS & REIMBURSEMENTS 55.00 490.08BOUND TREE MEDICAL, LLC POLICE G & A OPERATIONAL SUPPLIES 681.91FIRE OPERATIONS OPERATIONAL SUPPLIES 1,171.99 44.80BOYEE TAYLOR WATER UTILITY G&A GENERAL CUSTOMERS 44.80 38.16BRAUER JR RICHARD WATER UTILITY G&A GENERAL CUSTOMERS 38.16 339.65BRAUN INTERTEC CORPORATION FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 1,768.31STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 5,422.83PAVEMENT MANAGEMENT G&A GENERAL PROFESSIONAL SERVICES 3,182.96WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 471.55SEWER CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 943.10STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 12,128.40 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 6 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 6Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 20.00BRECKLE WILLIAM FIRE OPERATIONS TRAINING 20.00 407.95BREHN JOHN WATER UTILITY G&A GENERAL CUSTOMERS 407.95 51.09BRENNER ANDREW WATER UTILITY G&A GENERAL CUSTOMERS 51.09 115.69BROWN GRACE WATER UTILITY G&A GENERAL CUSTOMERS 115.69 68.41BTR OF MINNESOTA LLC GENERAL FUND BALANCE SHEET INVENTORY 68.41 20.00BUCKEL, KARI FIRE OPERATIONS TRAINING 20.00 80.00BUDGET SIGN POLICE G & A OFFICE SUPPLIES 80.00 55.00BULLDOGSBROOMBALLREFUNDS & REIMBURSEMENTS 55.00 102.40BUSINESS ESSENTIALS COMM & MARKETING G & A OFFICE SUPPLIES 261.36PARK BUILDING MAINTENANCE GENERAL SUPPLIES 1,209.75REC CENTER BUILDING OPERATIONAL SUPPLIES 1,573.51 5.15CALDWELL TYLER BLDG & ENERGY G & A DUE TO OTHER GOVTS 70.25BLDG & ENERGY G & A ELECTRICAL 325.00BLDG & ENERGY G & A PLUMBING 400.40 22.94CAMAS TAYLER WATER UTILITY G&A GENERAL CUSTOMERS 22.94 4,267.62CAMPBELL KNUTSON PROF ASSOC ADMINISTRATION G & A LEGAL SERVICES 627.00IT G & A OTHER CONTRACTUAL SERVICES 82.50PUBLIC WORKS G & A GENERAL PROFESSIONAL SERVICES 198.00ENGINEERING G & A LEGAL SERVICES City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 7 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 7Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 148.50PUBLIC WORKS OPS G & A GENERAL PROFESSIONAL SERVICES 886.15SIDEWALK & TRAILS G&A IMPROVEMENTS OTHER THAN BUILDI 640.40STREET CAPITAL PROJ G & A LEGAL SERVICES 6,850.17 160.55CANADIAN PACIFIC RAILWAY COMPANY WATER UTILITY G&A LICENSES 160.55 625.00CANOE SYMPOSIUM INSTRUCTIONAL SKATING LESSONS REFUNDS & REIMBURSEMENTS 625.00 2,241.10CANON FINANCIAL IT G & A EQUIPMENT MTCE SERVICE 2,241.10 5,000.00CAR WASH PARTNERS, INC.PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICE 5,000.00 8,332.00CARE RESOURCE CONNECTION FIRE OPERATIONS GENERAL PROFESSIONAL SERVICES 8,332.00 85.00CARENOWHUMAN RESOURCES RECRUITMENT 85.00 65.00CARTER RYAN & NICOLE BLDG & ENERGY G & A ELECTRICAL 65.00 4,248.14CDW GOVERNMENT INC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 4,248.14 14,192.68CENTERPOINT ENERGY FACILITIES MCTE G & A HEATING GAS 5,461.59FACILITY OPERATIONS HEATING GAS 9,430.39WATER UTILITY G&A HEATING GAS 864.25REILLY G & A HEATING GAS 469.23SEWER UTILITY G&A HEATING GAS 3,213.22PARK MAINTENANCE G & A HEATING GAS 6,893.24REC CENTER BUILDING HEATING GAS 40,524.60 12.75CENTRAL MCGOWAN CONCESSIONS OPERATIONAL SUPPLIES 12.75 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 8 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 8Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 16,180.00CENTRAL PENSION FUND EMPLOYEE BENEFITS FUND BAL SHT OTHER RETIREMENT 16,180.00 459.43CENTURY LINK CELLPHONES, IPADS, ETC.TELEPHONE 459.43 150.00CHEF MARSHALL O'BRIEN LLC FIRE OPERATIONS TRAINING 150.00 200.00CHET'S SAFETY SALES INC BLDG & ENERGY G & A GENERAL SUPPLIES 200.00 110.00CHRISTENSON MATT BROOMBALL REFUNDS & REIMBURSEMENTS 110.00 450.00CHRISTOPHER STROM ARCHITECTS MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES 450.00 250.00CHUX PRINT INSTRUCTIONAL SKATING LESSONS GENERAL SUPPLIES 250.00 194.81CINTAS CORPORATION FACILITIES MCTE G & A OPERATIONAL SUPPLIES 499.99FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 664.22REC CENTER BUILDING OPERATIONAL SUPPLIES 113.75REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 334.70VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 1,807.47 419.82CITIZENS INDEPENDENT BANK GENERAL FUND BALANCE SHEET INVENTORY 13.94ADMINISTRATION G & A OFFICE SUPPLIES 365.12ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS 792.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 39.42ADMINISTRATION G & A TRAVEL/MEETINGS 6.40ADMINISTRATION G & A INTEREST/FINANCE CHARGES 40.00ADMINISTRATION G & A BANK CHARGES/CREDIT CD FEES 138.86RACE EQUITY & INCLUSION G&A GENERAL PROFESSIONAL SERVICES 21.50HUMAN RESOURCES OFFICE SUPPLIES 554.00HUMAN RESOURCES RECOGNITION 82.82HUMAN RESOURCES MEETING EXPENSE 299.00COMM & MARKETING G & A SEMINARS/CONFERENCES/PRESENTAT 55.48IT G & A GENERAL SUPPLIES City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 9 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 9Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 315.00ASSESSING G & A LICENSES 70.00FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPS 49.97FACILITIES MCTE G & A GENERAL SUPPLIES 1,241.43POLICE G & A OPERATIONAL SUPPLIES 1,028.43POLICE G & A OTHER CONTRACTUAL SERVICES 14.63POLICE G & A POSTAGE 290.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 1,242.42POLICE G & A TRAINING 1,524.54POLICE G & A TRAVEL/MEETINGS 73.48POLICE G & A MEETING EXPENSE 53.69FIRE OPERATIONS OFFICE SUPPLIES 41.39FIRE OPERATIONS GENERAL SUPPLIES 503.09FIRE OPERATIONS SMALL TOOLS 170.00FIRE OPERATIONS UNIFORMS 1,032.24FIRE OPERATIONS PROTECTIVE CLOTHING 13.97FIRE OPERATIONS SUBSCRIPTIONS/MEMBERSHIPS 505.00FIRE OPERATIONS TRAINING 119.32FIRE OPERATIONS SEMINARS/CONFERENCES/PRESENTAT 498.99BLDG & ENERGY G & A GENERAL SUPPLIES 184.00SUSTAINABILITY G&A SUBSCRIPTIONS/MEMBERSHIPS 84.82PUBLIC WORKS G & A OFFICE SUPPLIES 499.00PUBLIC WORKS G & A TRAINING 120.00ENGINEERING G & A SUBSCRIPTIONS/MEMBERSHIPS 450.00ENGINEERING G & A TRAINING 875.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT 200.92PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 188.12ROUTINE MAINTENANCE GENERAL SUPPLIES 614.99TRAININGSEMINARS/CONFERENCES/PRESENTAT 368.45WATER UTILITY G&A GENERAL SUPPLIES 152.10WATER UTILITY G&A OPERATIONAL SUPPLIES 24.71WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 330.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 173.85WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 315.00SEWER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 202.63SOLID WASTE G&A PRINTING & PUBLISHING 325.00SOLID WASTE G&A SEMINARS/CONFERENCES/PRESENTAT 280.00STORM WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS 270.00STORM WATER UTILITY G&A TRAINING 200.00EQUIP/VEHICLE REPLACEMENT RENTAL EQUIPMENT 105.67ORGANIZED REC G & A GENERAL SUPPLIES 285.52ORGANIZED REC G & A ADVERTISING City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 10 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 10Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 160.00ORGANIZED REC G & A TRAINING 164.51SPECIAL EVENTS GENERAL SUPPLIES 157.14PARK MAINTENANCE G & A GENERAL SUPPLIES 13.97PARK MAINTENANCE G & A SUBSCRIPTIONS/MEMBERSHIPS 180.00NATURAL RESOURCES G & A TRAINING 16.99WESTWOOD G & A OFFICE SUPPLIES 1,049.10WESTWOOD G & A GENERAL SUPPLIES 709.40WESTWOOD G & A OTHER 534.81REC CENTER BUILDING OPERATIONAL SUPPLIES 200.00REC CENTER BUILDING SUBSCRIPTIONS/MEMBERSHIPS ENTERPRISE G & A PROGRAM REVENUE 47.45INSTRUCTIONAL SKATING LESSONS GENERAL SUPPLIES 1,423.60AQUATIC PARK G & A OPERATIONAL SUPPLIES 100.00-VEHICLE MAINTENANCE G&A REFUNDS & REIMBURSEMENTS 200.00VEHICLE MAINTENANCE G&A LICENSES 68.50PREVENTATIVE MAINTENANCE GENERAL SUPPLIES 22,691.20 148.91CLEANLITES RECYCLING, INC.RELAMPING OTHER CONTRACTUAL SERVICES 148.91 335.00COHEN ZOHARA PLAYGROUNDS REFUNDS & REIMBURSEMENTS 335.00 17,347.41COLICH & ASSOCIATES ADMINISTRATION G & A LEGAL SERVICES 17,347.41 18.01COLLIERS INTERNATIONAL WATER UTILITY G&A GENERAL CUSTOMERS 18.01 31,465.40COLLINS ELECTRICAL CONSTRUCTION CO INSTALLATION OTHER CONTRACTUAL SERVICES 2,316.03INSURANCE FUND G&A UNINSURED LOSS 33,781.43 131.44COMCASTFIRE OPERATIONS EMERGENCY PREPAREDNESS 226.06CABLE TV G & A OTHER CONTRACTUAL SERVICES 34.13OTHER CITY DEPARTMENTS OTHER CONTRACTUAL SERVICES 29.21REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 420.84 19,350.25COMPASS MINERALS AMERICA SANDING/SALTING OTHER IMPROVEMENT SUPPLIES City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 11 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 11Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 19,350.25 3,612.00CORE & MAIN LP WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 3,612.00 500.00CORR BRANDON ESCROWS PMC ESCROW 500.00 4,865.85COSTAR REALTY INFORMATION, INC.ASSESSING G & A OTHER CONTRACTUAL SERVICES 4,865.85 33.72COTTOR ALEC WATER UTILITY G&A GENERAL CUSTOMERS 33.72 2,625.76CP4 WALDEN WOODS LLC WATER UTILITY G&A GENERAL CUSTOMERS 2,625.76 116.06CREATIVE RESOURCES SPECIAL EVENTS GENERAL SUPPLIES 116.06 31.20CREEKSIDE NEIGHBORHOOD NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 31.20 74.40CREW2BLDG & ENERGY G & A BUILDING 74.40 291.91CROWN MARKING INC FIRE OPERATIONS UNIFORMS 291.91 446.61CROWN MARKING INC.FIRE OPERATIONS UNIFORMS 446.61 4,000.00CTW GROUP, INC.ESCROWS PMC ESCROW 82.74WATER UTILITY G&A GENERAL CUSTOMERS 4,082.74 201.51CULLIGAN BOTTLED WATER FACILITIES MCTE G & A BUILDING MTCE SERVICE 201.51 1,516.94CUMMINS SALES AND SERVICE FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 884.95WATER UTILITY G&A EQUIPMENT MTCE SERVICE City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 12 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 12Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 531.07REC CENTER BUILDING EQUIPMENT MTCE SERVICE 2,932.96 6,460.17CURB MASTERS, INC.GO BONDS - NATURE CTR BAL SH RETAINAGE PAYABLE 25,931.40GO BONDS - NATURE CENTER G&A BUILDINGS & STRUCTURES 32,391.57 291.46CUSHMAN MOTOR CO INC GENERAL REPAIR EQUIPMENT MTCE SERVICE 291.46 1,623.60CUSTOM REFRIGERATION INC FACILITIES MCTE G & A BUILDING MTCE SERVICE 1,623.60 608.38DALCO ENTERPRISES INC FACILITIES MCTE G & A CLEANING/WASTE REMOVAL SUPPLY 3,997.05FACILITIES MCTE G & A OTHER 100.00REC CENTER BUILDING EQUIPMENT MTCE SERVICE 4,705.43 290.88DAMA METAL PRODUCTS, INC.FIRE OPERATIONS FIRE PREVENTION SUPPLIES 290.88 244.04DANIELSON DEBBIE WATER UTILITY G&A GENERAL CUSTOMERS 244.04 45.50DAVCO TECHNOLOGIES BLDG & ENERGY G & A BUILDING 45.50 254.54DAVID EVAN JENKINS & FIDUCIARY FOUNDATIO WATER UTILITY G&A GENERAL CUSTOMERS 254.54 94.45DE LA MORA ALEJANDRO WATER UTILITY G&A GENERAL CUSTOMERS 94.45 165.00DECKER CHRISTOPHER BROOMBALL REFUNDS & REIMBURSEMENTS 165.00 461.80DELEGARD TOOL CO PARK MAINTENANCE G & A GENERAL SUPPLIES 461.80 5,341.35DEPT LABOR & INDUSTRY BLDG & ENERGY G & A DUE TO OTHER GOVTS 5,341.35 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 13 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 13Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 189.75DIERSEN TRAVAS POLICE G & A TRAVEL/MEETINGS 189.75 49.15DIOUF JENNIFER WATER UTILITY G&A GENERAL CUSTOMERS 49.15 22,000.00DJ ELECTRIC SERVICES INC PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 22,000.00 13.50DNA HEATING AND COOLING BLDG & ENERGY G & A DUE TO OTHER GOVTS 537.50BLDG & ENERGY G & A MECHANICAL 551.00 21.03DODD ANGELA WATER UTILITY G&A GENERAL CUSTOMERS 21.03 4,715.06DO-GOOD.BIZ INC COMM & MARKETING G & A POSTAGE 4,715.06 229.86DONESKY TRACEY WATER UTILITY G&A GENERAL CUSTOMERS 229.86 200.00DONTE CURTIS/ CATCH YOUR DREAMS CONSULT.NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 200.00 71.13DORFMAN GAIL WATER UTILITY G&A GENERAL CUSTOMERS 71.13 150.00DOWNTOWN RESOURCE GROUP BLDG & ENERGY G & A 1&2 SINGLE FAM. RENTAL 150.00 122.82DR. JACKSON WATER UTILITY G&A GENERAL CUSTOMERS 122.82 525.00DTN, LLC.PUBLIC WORKS OPS G & A OTHER CONTRACTUAL SERVICES 525.00 7,485.00DUCTS & CLEATS FACILITIES MCTE G & A OTHER 7,485.00 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 14 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 14Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 125.06DUNN STEVE WATER UTILITY G&A GENERAL CUSTOMERS 125.06 5,500.00DZURIK DOUGLAS ESCROWS PMC ESCROW 5,500.00 52.83ECCLES SYMANTHA WATER UTILITY G&A GENERAL CUSTOMERS 52.83 1,130.50ECM PUBLISHERS INC ADMINISTRATION G & A LEGAL NOTICES 1,130.50 6,975.00EHLERS & ASSOCIATES INC ESCROWS CSM/ROTTLUND 9,150.00ESCROWSMSP REAL ESTATE - EDA 1,050.00ESCROWSAT THE PARK APTS 382.50FINANCE G & A GENERAL PROFESSIONAL SERVICES 405.00BRIDGWALK HIA OTHER CONTRACTUAL SERVICES 17,962.50 1,000.00ELIASON ERIK ESCROWS PMC ESCROW 1,000.00 233.83ELLANSON, LUKE POLICE G & A TRAVEL/MEETINGS 233.83 10.91ELSTROM MARTHA WATER UTILITY G&A GENERAL CUSTOMERS 10.91 1,224.78EMERGENCY APPARATUS MTNCE GENERAL FUND BALANCE SHEET INVENTORY 1,224.78 5,550.99ENTERPRISE FM TRUST EQUIP/VEHICLE REPLACEMENT RENTAL EQUIPMENT 5,550.99 2,446.92ENVIROTECH SERVICES INC SANDING/SALTING OTHER IMPROVEMENT SUPPLIES 2,446.92 450.00ERIC J. HANSEN, AIA MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES 450.00 20.00EVANS MATT FIRE OPERATIONS TRAINING City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 15 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 15Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 20.00 95.61EVERS LUANN & MICHAEL BILLET REFORESTATION FUND OTHER CONTRACTUAL SERVICES 95.61 2,294.50FACTORY MOTOR PARTS CO GENERAL FUND BALANCE SHEET INVENTORY 392.82FACILITIES MCTE G & A GENERAL SUPPLIES 449.00PREVENTATIVE MAINTENANCE GENERAL SUPPLIES 3,136.32 1.00FARR PLUMBING AND HEATING BLDG & ENERGY G & A DUE TO OTHER GOVTS 65.00BLDG & ENERGY G & A PLUMBING 66.00 13.25FASTENAL COMPANY PARK MAINTENANCE G & A GENERAL SUPPLIES 13.25 8,252.69FERGUSON WATERWORKS WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 8,252.69 129.60FERRELLGASGENERAL FUND BALANCE SHEET INVENTORY 108.38REC CENTER BUILDING MOTOR FUELS 237.98 329.00FINANCE & COMMERCE ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPS 329.00 196.62FINANCE & COMMERCE, INC.PAVEMENT MANAGEMENT G&A IMPROVEMENTS OTHER THAN BUILDI 105.87STORM WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI 302.49 179.82FIRE-DEX GW, LLC.FIRE OPERATIONS EQUIPMENT MTCE SERVICE 179.82 98.54FIRST ADVANTAGE HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 98.54 1,745.00FIRST ARRIVING LLC FIRE OPERATIONS GENERAL PROFESSIONAL SERVICES 1,745.00 2,045.00FLAGSHIP RECREATION LLC PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIES City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 16 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 16Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 2,045.00 1.00FLOOD SHANNON BLDG & ENERGY G & A DUE TO OTHER GOVTS 145.00BLDG & ENERGY G & A BUILDING 146.00 716.38FLOYD TOTAL SECURITY WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 716.38 2,725.04FORCE AMERICA DISTRIBUTING LLC GENERAL FUND BALANCE SHEET INVENTORY 1,625.37PUBLIC WORKS OPS G & A EQUIPMENT PARTS 304.32PUBLIC WORKS OPS G & A MACHINERY & AUTO EQUIPMENT 316.25WATER UTILITY G&A MACHINERY & AUTO EQUIPMENT 316.25SEWER UTILITY G&A MACHINERY & AUTO EQUIPMENT 316.25STORM WATER UTILITY G&A MACHINERY & AUTO EQUIPMENT 5,603.48 112.88FORESTRY SUPPLIERS INC TREE MAINTENANCE OTHER IMPROVEMENT SUPPLIES 112.88 193.80FORKLIFTS OF MN INC.PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICE 848.93GENERAL REPAIR EQUIPMENT MTCE SERVICE 1,042.73 500.00FRANKLIN MATT GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 500.00 5.00FRASER MORRIS ELECTRIC BLDG & ENERGY G & A DUE TO OTHER GOVTS 354.75BLDG & ENERGY G & A BUILDING 359.75 13.96-FRATTALLONE'S HARDWARE WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 76.47REC CENTER BUILDING OPERATIONAL SUPPLIES 62.51 23.94FREDRICKSON MORIA WATER UTILITY G&A GENERAL CUSTOMERS 23.94 134.00FRONTIER AG & TURF GENERAL FUND BALANCE SHEET INVENTORY 134.00 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 17 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 17Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 17,237.83GALLS, LLC - DBA UNIFORMS UNLIMITED POLICE G & A OPERATIONAL SUPPLIES 17,237.83 6,640.00GERTENSPARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 6,640.00 255.00GIRARD JOANNE GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 255.00 236.00GOPHER STATE FIRE EQUIPMENT CO.REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 236.00 236.25GOPHER STATE ONE-CALL INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 236.25 41.76GORMAN JEFF WATER UTILITY G&A GENERAL CUSTOMERS 41.76 5,834.00GOVHR USA, LLC HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 5,834.00 20.30GRAINGER INC, WW GENERAL FUND BALANCE SHEET INVENTORY 196.03FACILITIES MCTE G & A GENERAL SUPPLIES 234.10WATER UTILITY G&A GENERAL SUPPLIES 53.16PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 503.59 61.20GREEN THOMAS WATER UTILITY G&A GENERAL CUSTOMERS 61.20 1,041.40GUARDIAN FLEET SUPPLY GENERAL FUND BALANCE SHEET INVENTORY 413.80CAPITAL REPLACEMENT B/S INVENTORY 1,455.20 1,000.00GULLICKSON ERIC ESCROWS PMC ESCROW 1,000.00 74.47GUNDRUM NATE WATER UTILITY G&A GENERAL CUSTOMERS 74.47 52.48HALL DARIAN WATER UTILITY G&A GENERAL CUSTOMERS City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 18 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 18Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 52.48 75.81HAMILTON MARK WATER UTILITY G&A GENERAL CUSTOMERS 75.81 5.29HANSON CHARLES WATER UTILITY G&A GENERAL CUSTOMERS 5.29 65.50HANSON ROBERT WATER UTILITY G&A GENERAL CUSTOMERS 65.50 32.27HARCEY, MICHAEL POLICE G & A TRAVEL/MEETINGS 32.27 48.97HARVEY JOE WATER UTILITY G&A GENERAL CUSTOMERS 48.97 40.00HASLERUD CHET BABIES AND TOTS REFUNDS & REIMBURSEMENTS 40.00 327.89HAUGEN DANIEL WATER UTILITY G&A GENERAL CUSTOMERS 327.89 199.00HAVISTECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 199.00 24,082.48HAWKINS INC WATER UTILITY G&A OPERATIONAL SUPPLIES 24,082.48 20.00HEAD JUSTIN FIRE OPERATIONS TRAINING 20.00 57.00HEALTHPARTNERSHUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 1,393.00HUMAN RESOURCES RECRUITMENT 1,450.00 191.00HEFFERNAN SAM POLICE G & A TRAVEL/MEETINGS 191.00 100.00HENNEPIN COUNTY FIRE CHIEFS ASSOC FIRE OPERATIONS TRAINING 100.00 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 19 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 19Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 406.00HENNEPIN COUNTY TREASURER IT G & A COMPUTER SERVICES 190.00ASSESSING G & A OTHER CONTRACTUAL SERVICES 255.00FACILITIES MCTE G & A LICENSES 3,314.25POLICE G & A EQUIPMENT MTCE SERVICE 2,873.68POLICE G & A JAIL/DETENTION SERVICES 5,204.60FIRE OPERATIONS RADIO COMMUNICATIONS 24.00HIA ADMIN OTHER CONTRACTUAL SERVICES 6.00SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 275.72PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICE 382.00PARK MAINTENANCE G & A LICENSES 195.00WESTWOOD G & A OTHER CONTRACTUAL SERVICES 64.00REC CENTER BUILDING LICENSES 13,190.25 6,525.00HENNEPIN HEALTHCARE FIRE OPERATIONS HEALTH & WELLNESS 6,525.00 87.33HERBST HELENE WATER UTILITY G&A GENERAL CUSTOMERS 87.33 380.73HINZ EMILY INSTRUCTIONAL SKATING LESSONS GENERAL SUPPLIES 380.73 16.93HOFSTEDT RONALD WATER UTILITY G&A GENERAL CUSTOMERS 16.93 197.04HOGUE JOHN WATER UTILITY G&A GENERAL CUSTOMERS 197.04 36.84HOLLAND SHAD WATER UTILITY G&A GENERAL CUSTOMERS 36.84 305.45HOLM AUSTIN WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 1,032.00EMPLOYEE BENEFITS FUND G&A TUITION 1,337.45 227.40HOME DEPOT CREDIT SERVICES FACILITIES MCTE G & A GENERAL SUPPLIES 500.94PUBLIC WORKS OPS G & A GENERAL SUPPLIES 91.62PUBLIC WORKS OPS G & A OTHER CONTRACTUAL SERVICES 200.16ROUTINE MAINTENANCE GENERAL SUPPLIES City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 20 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 20Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 230.26WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 635.08PARK MAINTENANCE G & A GENERAL SUPPLIES 622.94PARK MAINTENANCE G & A SMALL TOOLS 64.30PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICES 501.63PARK BUILDING MAINTENANCE GENERAL SUPPLIES 92.72PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 120.73PARK BUILDING MAINTENANCE OTHER IMPROVEMENT SUPPLIES 187.11PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 35.72PARK GROUNDS MAINTENANCE GENERAL SUPPLIES 31.54PARK GROUNDS MAINTENANCE OPERATIONAL SUPPLIES 116.39REC CENTER BUILDING OPERATIONAL SUPPLIES 3,658.54 203.82HOME DEPOT CREDIT SRVCS WW RENTAL HOUSE (1322)OTHER IMPROVEMENT SUPPLIES 53.70WESTWOOD G & A GENERAL SUPPLIES 257.52 776.83HOTSY OF MN BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIES 776.83 3,640.00I.U.O.E. LOCAL NO 49 EMPLOYEE BENEFITS FUND BAL SHT UNION DUES 3,640.00 20.00IAFC MEMBERSHIP FIRE OPERATIONS SUBSCRIPTIONS/MEMBERSHIPS 20.00 50.00IAPEPOLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 50.00 680.00ICCBLDG & ENERGY G & A GENERAL SUPPLIES 680.00 1,890.00IMA GROUP MANAGEMENT CO.HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 1,950.00HUMAN RESOURCES RECRUITMENT 3,840.00 397.53IMPACT POWER TO CONNECT WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 281.51WATER UTILITY G&A POSTAGE 397.53SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 281.50SEWER UTILITY G&A POSTAGE 397.54SOLID WASTE G&A OTHER CONTRACTUAL SERVICES City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 21 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 21Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 281.50SOLID WASTE G&A POSTAGE 397.54STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 281.50STORM WATER UTILITY G&A POSTAGE 2,716.15 11.29INDELCOSANDING/SALTING EQUIPMENT PARTS 103.93WATER UTILITY G&A EQUIPMENT MTCE SERVICE 115.22 700.00INDEPENDENT SCHOOL DIST. #283 HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 700.00 742.54INGADSON SPENCER WATER UTILITY G&A GENERAL CUSTOMERS 742.54 45.50INTEGRITY REMODELING & DESIGN GROUP BLDG & ENERGY G & A BUILDING 45.50 145.00INTERNATIONAL CODE COUNCIL INC BLDG & ENERGY G & A SUBSCRIPTIONS/MEMBERSHIPS 145.00 108.00INTOXIMETERS INC POLICE G & A OPERATIONAL SUPPLIES 108.00 248.02INVER GROVE FORD GENERAL FUND BALANCE SHEET INVENTORY 248.02 1,166.08I-STATE TRUCK CENTER GENERAL FUND BALANCE SHEET INVENTORY 1,166.08 16.17-J & F REDDY RENTS ADMINISTRATION G & A RENTAL EQUIPMENT 183.19WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 94.60PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES 261.62 179.69J. H. LARSON CO.FACILITIES MCTE G & A GENERAL SUPPLIES 179.69 96.00JACKSON DIANE WINTER BREAK REFUNDS & REIMBURSEMENTS 96.00 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 22 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 22Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 45.37JAY HAWK MECHANICAL, INC.BLDG & ENERGY G & A PLUMBING 45.37 11.50JD MECHANICAL BLDG & ENERGY G & A DUE TO OTHER GOVTS 692.50BLDG & ENERGY G & A PLUMBING 704.00 225.00JDA DESIGN ARCHITECTS, INC.MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES 225.00 48.79JECH JAMES WATER UTILITY G&A GENERAL CUSTOMERS 48.79 192.01JEFFERSON FIRE & SAFETY INC FIRE OPERATIONS SMALL TOOLS 192.01 90.60JENNINGS CHRISTINE WATER UTILITY G&A GENERAL CUSTOMERS 90.60 3.23JERRY'S HARDWARE FACILITIES MCTE G & A GENERAL SUPPLIES 4.48POLICE G & A GENERAL SUPPLIES 58.71POLICE G & A OPERATIONAL SUPPLIES 18.29PARK MAINTENANCE G & A GENERAL SUPPLIES 11.69PARK BUILDING MAINTENANCE OTHER IMPROVEMENT SUPPLIES 38.68PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 2.69PARK GROUNDS MAINTENANCE GENERAL SUPPLIES 1.78PARK GROUNDS MAINTENANCE OPERATIONAL SUPPLIES 23.39WW RENTAL HOUSE (1322)OTHER IMPROVEMENT SUPPLIES 7.91OFF-LEASH DOG PARK GENERAL SUPPLIES 15.96VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 186.81 52.62JOHNSON BEN WATER UTILITY G&A GENERAL CUSTOMERS 52.62 40.00JOHNSON LAUREN INSTRUCTIONAL SKATING LESSONS REFUNDS & REIMBURSEMENTS 40.00 77.17JONES BRYANT WATER UTILITY G&A GENERAL CUSTOMERS 77.17 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 23 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 23Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 235.00JONES DAVID BLDG & ENERGY G & A CERTIFICATE OF COMPLIANCE 235.00 80.11JOSLIN WENDY WATER UTILITY G&A GENERAL CUSTOMERS 80.11 50.00JR'S ADVANCED RECYCLERS FACILITIES MCTE G & A CLEANING/WASTE REMOVAL SUPPLY 50.00 680.00K.A. WITT CONSTRUCTION, INC.PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 680.00 80.31KAMPA, MARK POLICE G & A TRAVEL/MEETINGS 80.31 1.00KELSEY ELIZABETH BLDG & ENERGY G & A DUE TO OTHER GOVTS 65.00BLDG & ENERGY G & A ELECTRICAL 66.00 1,200.00KENNEDY & GRAVEN ESCROWS MSP REAL ESTATE - EDA 442.00HOUSING REHAB G & A GENERAL PROFESSIONAL SERVICES 1,642.00 105.00KID ZONE EARLY LEARNING WOLFE PARK AMPHITHEATER REFUNDS & REIMBURSEMENTS 105.00 131.20KIEFER DARRIN WATER UTILITY G&A GENERAL CUSTOMERS 131.20 70,651.52KIMLEY-HORN AND ASSOCIATES, INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 759.70PAVEMENT MANAGEMENT G&A GENERAL PROFESSIONAL SERVICES 2,279.08WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 2,279.08STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 75,969.38 250.00KIRKWOOD DYLAN GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 250.00 48.98KITZROW NATHANIEL WATER UTILITY G&A GENERAL CUSTOMERS 48.98 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 24 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 24Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 64.95KOHL JEFFREY WATER UTILITY G&A GENERAL CUSTOMERS 64.95 60.00KOWSKI CRAIG BLDG & ENERGY G & A MECHANICAL 60.00 125.62KRALICK KRISTEN WATER UTILITY G&A GENERAL CUSTOMERS 125.62 964.75KRISS PREMIUM PRODUCTS INC REC CENTER BUILDING GENERAL SUPPLIES 964.75 75.00KRUEGER WALTER GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 75.00 1,848.00KRUELLE, BRYAN EMPLOYEE BENEFITS FUND G&A TUITION 1,848.00 32.45KUSHI LAWRENCE & GABRIELE WATER UTILITY G&A GENERAL CUSTOMERS 32.45 55.00LACROSSE LAVIN BROOMBALL REFUNDS & REIMBURSEMENTS 55.00 12.43LANGAN AARON WATER UTILITY G&A GENERAL CUSTOMERS 12.43 288.39LANGUAGE LINE SERVICES INC POLICE G & A OTHER CONTRACTUAL SERVICES 288.39 94.38LARSEN JANICE PUBLIC WORKS G & A OFFICE SUPPLIES 94.38 7,486.56LAW ENFORCEMENT LABOR SERVICES INC EMPLOYEE BENEFITS FUND BAL SHT UNION DUES 7,486.56 75.50LAWRENCE JOE FIRE OPERATIONS GENERAL SUPPLIES 75.50 365.49LAWSON PRODUCTS INC GENERAL REPAIR GENERAL SUPPLIES 365.49 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 25 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 25Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 9,932.22LEAGUE OF MINNESOTA CITIES EMPLOYEE BENEFITS FUND G&A League of MN Cities dept'l exp 9,932.22 2,294.79LEAGUE OF MN CITIES INSURANCE TRUST P&C INSURANCE FUND G&A UNINSURED LOSS 2,294.79 100.00LEAGUE OF MN HUMAN RIGHTS COMMISSIONS POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 100.00 125.15LEE WINNIE WATER UTILITY G&A GENERAL CUSTOMERS 125.15 755.00LEGEND TECHNICAL SERVICES REILLY G & A OTHER CONTRACTUAL SERVICES 755.00 110.00LEGION OF BROOM BROOMBALL REFUNDS & REIMBURSEMENTS 110.00 1,552.78LENHART PROPERTY MGT WATER UTILITY G&A GENERAL CUSTOMERS 1,552.78 15.00LENTNER CARLEY WATER UTILITY G&A GENERAL CUSTOMERS 15.00 40.00LERNER ALICIA INSTRUCTIONAL SKATING LESSONS REFUNDS & REIMBURSEMENTS 40.00 98.30LEROUX BRIAN WATER UTILITY G&A GENERAL CUSTOMERS 98.30 89.01LEVY CINDY WATER UTILITY G&A GENERAL CUSTOMERS 89.01 11.94LEWIS TEENA WATER UTILITY G&A GENERAL CUSTOMERS 11.94 2,530.95LITTLE FALLS MACHINE INC GENERAL FUND BALANCE SHEET INVENTORY 2,530.95 55.00LOCHNER JESSICA BROOMBALL REFUNDS & REIMBURSEMENTS City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 26 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 26Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 55.00 863.09LOCKRIDGE GRINDAL NAUEN PLLP REILLY G & A LEGAL SERVICES 863.09 26.00LOFFLERIT G & A EQUIPMENT MTCE SERVICE 26.00 768.02LOFFLER COMPANIES IT G & A EQUIPMENT MTCE SERVICE 768.02 42,055.00LOGISIT G & A COMPUTER SERVICES 750.00CABLE TV G & A CAPITAL REPLACEMENT FUND 26,695.73TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 69,500.73 81.51LORENTZSON PAIGE WATER UTILITY G&A GENERAL CUSTOMERS 81.51 483.18LUBE-TECH & PARTNERS LLC GENERAL FUND BALANCE SHEET INVENTORY 255.00GENERAL REPAIR CLEANING/WASTE REMOVAL SERVICE 738.18 78,650.00LUMCAINSTALLATIONOTHER IMPROVEMENT SUPPLIES 78,650.00 110.00LUND JANET BROOMBALL REFUNDS & REIMBURSEMENTS 110.00 15.00LYNCH MELISSA WATER UTILITY G&A GENERAL CUSTOMERS 15.00 15.38LYNCH STACIA WATER UTILITY G&A GENERAL CUSTOMERS 15.38 951.65MACQUEEN EQUIP CO GENERAL FUND BALANCE SHEET INVENTORY 3,920.49SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 484.78GENERAL REPAIR EQUIPMENT MTCE SERVICE 5,356.92 69.94MAGGIOTTO MARK & BROOKE WATER UTILITY G&A GENERAL CUSTOMERS City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 27 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 27Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 69.94 514.93MANAGED SERVICES INC WATER UTILITY G&A BUILDING MTCE SERVICE 514.93 26,897.90MANSFIELD OIL COMPANY OF GAINSVILLE, INC GENERAL FUND BALANCE SHEET INVENTORY 26,897.90 2,740.00MARIE RIDGEWAY LICSW LLC POLICE G & A GENERAL PROFESSIONAL SERVICES 2,740.00 191.20MARSHALL EMILY WATER UTILITY G&A GENERAL CUSTOMERS 191.20 139.78MARTINEZ THOMAS POLICE G & A TRAINING 139.78 140.67MATHESON TRI-GAS, INC.VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 140.67 80.77MAVITY, ANN WATER UTILITY G&A GENERAL CUSTOMERS 80.77 225.00MAXIM'S SNOW REMOVAL SNOW PLOWING OTHER CONTRACTUAL SERVICES 225.00 360.38MCCASKILL RONALD WATER UTILITY G&A GENERAL CUSTOMERS 360.38 3.53MCGILL DEBRA WATER UTILITY G&A GENERAL CUSTOMERS 3.53 41.27MCGINTY PATRICIA WATER UTILITY G&A GENERAL CUSTOMERS 41.27 67.27MEIUSI ELIZABETH WATER UTILITY G&A GENERAL CUSTOMERS 67.27 172.87MENARDSFACILITIES MCTE G & A GENERAL SUPPLIES 809.00FACILITIES MCTE G & A OTHER 15.85ROUTINE MAINTENANCE GENERAL SUPPLIES City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 28 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 28Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 17.97SNOW HAULING GENERAL SUPPLIES 193.44PARK MAINTENANCE G & A GENERAL SUPPLIES 29.97PARK GROUNDS MAINTENANCE OPERATIONAL SUPPLIES 76.59WW RENTAL HOUSE (1322)OTHER IMPROVEMENT SUPPLIES 61.56WESTWOOD G & A OTHER 1,377.25 100.00MENTAL HEALTH MINNESOTA BLDG & ENERGY G & A RENTAL HOUSING 100.00 272.29MENZEL JEFF WATER UTILITY G&A GENERAL CUSTOMERS 272.29 29.58METIL JILL WATER UTILITY G&A GENERAL CUSTOMERS 29.58 399.00METRO VOLLEYBALL OFFICIALS ASSOC. BROOMBALL OTHER CONTRACTUAL SERVICES 896.00VOLLEYBALLOTHER CONTRACTUAL SERVICES 1,295.00 14,760.90METROPOLITAN COUNCIL BLDG & ENERGY G & A DUE TO OTHER GOVTS 10,760.28WATER UTILITY G&A CLEANING/WASTE REMOVAL SERVICE 388,094.20OPERATIONSCLEANING/WASTE REMOVAL SERVICE 413,615.38 250.57MEYER EMILY WATER UTILITY G&A GENERAL CUSTOMERS 250.57 1,785.00MHSRC/RANGE POLICE G & A TRAINING 1,785.00 159.74MILLER DANIEL WATER UTILITY G&A GENERAL CUSTOMERS 159.74 250.00MILLER KAY GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 250.00 160,010.00MILLERBERND MFG CO SPEC ASSMT CONSTRUCTION OTHER IMPROVEMENT SUPPLIES 160,010.00 9,900.00MINGER CONSTRUCTION INC STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 29 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 29Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 22,221.60PAVEMENT MANAGEMENT B/S RETAINAGE PAYABLE 2,000.00PAVEMENT MANAGEMENT G&A IMPROVEMENTS OTHER THAN BUILDI 34,121.60 45.00MINNEAPOLIS WINDOW SHADE CO FACILITIES MCTE G & A BUILDING MTCE SERVICE 45.00 172.00MINNESOTA CHIEFS OF POLICE ASSOCIATION POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 172.00 1,272.24MINNESOTA CHILD SUPPORT PYT CTR EMPLOYEE BENEFITS FUND BAL SHT WAGE GARNISHMENTS 1,272.24 300.00MINNESOTA DEPARTMENT OF HEALTH WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 300.00 2,440.00MINNESOTA NATIVE LANDSCAPES BEAUTIFICATION / FLOWERS OTHER CONTRACTUAL SERVICES 2,440.00 260.00MINNESOTA POLLUTION CONTROL AGENCY SEWER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 260.00 150.00MINNESOTA RECREATION & PARK ASSOC HUMAN RESOURCES RECRUITMENT 150.00 400.00MINUTEMAN PRESS COMM & MARKETING G & A OFFICE SUPPLIES 400.00 2.36MINVALCO INC WATER UTILITY G&A OPERATIONAL SUPPLIES 2.36 69.16MITCHELL MICHAEL WATER UTILITY G&A GENERAL CUSTOMERS 69.16 10.00MN DEPT LABOR & INDUSTRY WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 10.00 449.15MN DEPT OF TRANSPORTATION ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICES 249.98SIDEWALK & TRAILS G&A IMPROVEMENTS OTHER THAN BUILDI 699.13 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 30 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 30Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 70.00MN GOVERNMENT FINANCE OFFICERS ASSOC. FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPS 70.00 203.50MOE COLLEEN WATER UTILITY G&A GENERAL CUSTOMERS 203.50 15.00MOHAMUD ABDIMAHAD WATER UTILITY G&A GENERAL CUSTOMERS 15.00 193.68MORANTZ SITA WATER UTILITY G&A GENERAL CUSTOMERS 193.68 65.00MORD RYAN BLDG & ENERGY G & A ELECTRICAL 65.00 47.49MORGAL CHRIS WATER UTILITY G&A GENERAL CUSTOMERS 47.49 4,685.00MOSS & BARNETT CABLE TV G & A OTHER CONTRACTUAL SERVICES 4,685.00 15.00MPLS COMMUNITY KOLLEL WATER UTILITY G&A GENERAL CUSTOMERS 15.00 130.00MR CUTTING EDGE REC CENTER BUILDING EQUIPMENT MTCE SERVICE 130.00 1,600.00MRA-THE MANAGEMENT ASSOC HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPS 1,600.00 251.50MSC INDUSTRIAL SUPPLY CO.GENERAL FUND BALANCE SHEET INVENTORY 98.00VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 31.24GENERAL REPAIR GENERAL SUPPLIES 121.45GENERAL REPAIR SMALL TOOLS 502.19 24.31MTI DISTRIBUTING CO GENERAL FUND BALANCE SHEET INVENTORY 24.31 76.34MULLER ROBERTA WATER UTILITY G&A GENERAL CUSTOMERS 76.34 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 31 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 31Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 200.00MVTL LABORATORIES REILLY G & A OTHER CONTRACTUAL SERVICES 200.00 1,903.37NAPA (GENUINE PARTS CO)GENERAL FUND BALANCE SHEET INVENTORY 108.24SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES 71.97PARK GROUNDS MAINTENANCE GENERAL SUPPLIES 9.79VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 101.45GENERAL REPAIR GENERAL SUPPLIES 2,194.82 861.24ND CHILD SUPPORT DIVISION EMPLOYEE BENEFITS FUND BAL SHT WAGE GARNISHMENTS 861.24 38.97NELSON ABIGAIL WATER UTILITY G&A GENERAL CUSTOMERS 38.97 61.47N-E-P CORPORATION VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 61.47 56.08NEVER ENOUGH THYME WATER UTILITY G&A GENERAL CUSTOMERS 56.08 115.95NEW CONVENANT MISSONARY BAPTIST WATER UTILITY G&A GENERAL CUSTOMERS 115.95 60.00NOKOMIS SHOE SHOP PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 400.00WATER UTILITY G&A OPERATIONAL SUPPLIES 574.85PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 1,034.85 20.00NORDBY MATT FIRE OPERATIONS TRAINING 20.00 200.60NORDRUM ERIN POLICE G & A TRAVEL/MEETINGS 200.60 2,550.54NORTH AMERICAN SAFETY INC BLDG & ENERGY G & A GENERAL SUPPLIES 1,716.61PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 4,267.15 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 32 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 32Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 155.00NORTH LARRY GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 155.00 234.00NORTHERN SAFETY TECHNOLOGY INC GENERAL FUND BALANCE SHEET INVENTORY 60.88CAPITAL REPLACEMENT B/S INVENTORY 294.88 2,500.00NORTHERN STAR JUVENILE DIVERSION POLICE G & A OTHER CONTRACTUAL SERVICES 2,500.00 23.98NORTHERN TOOL AND EQUIPMENT GENERAL REPAIR GENERAL SUPPLIES 23.98 2,022.73NORTHLAND MECHANICAL CONTRACTORS INC FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 1,735.27FACILITIES MCTE G & A BUILDING MTCE SERVICE 3,758.00 1,512.50NORTHSTAR COMPANIES NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 1,512.50 68.80NRH PLUMBING INC.BLDG & ENERGY G & A PLUMBING 68.80 200.67NRT RELOCATION LLC WATER UTILITY G&A GENERAL CUSTOMERS 200.67 8.79NUSSBAUM LESLIE WATER UTILITY G&A GENERAL CUSTOMERS 8.79 600.00OAK KNOLL ANIMAL HOSPITAL POLICE G & A OTHER CONTRACTUAL SERVICES 600.00 89.95OFFICE DEPOT ADMINISTRATION G & A OFFICE SUPPLIES 54.60HUMAN RESOURCES OFFICE SUPPLIES 68.61FINANCE G & A OFFICE SUPPLIES 90.83COMM DEV PLANNING G & A OFFICE SUPPLIES 151.24FACILITIES MCTE G & A GENERAL SUPPLIES 230.84POLICE G & A OFFICE SUPPLIES 199.80POLICE G & A GENERAL SUPPLIES 60.07BLDG & ENERGY G & A GENERAL SUPPLIES 98.46ENGINEERING G & A OFFICE SUPPLIES City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 33 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 33Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 114.27ORGANIZED REC G & A OFFICE SUPPLIES 72.63WESTWOOD G & A OFFICE SUPPLIES 1,231.30 120.00OFFICE OF THE SECRETARY OF STATE BLDG & ENERGY G & A SUBSCRIPTIONS/MEMBERSHIPS 120.00 55.00OIEN ADAM BROOMBALL REFUNDS & REIMBURSEMENTS 55.00 187.32OLSEN CHAIN & CABLE CO INC GENERAL FUND BALANCE SHEET INVENTORY 1,185.22WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,372.54 427.08OLSEN REID WATER UTILITY G&A GENERAL CUSTOMERS 427.08 54.50ON SITE SANITATION NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 863.25FIELD MAINT OTHER CONTRACTUAL SERVICES 211.00OFF-LEASH DOG PARK OTHER CONTRACTUAL SERVICES 1,128.75 115.09OSBORN BRANDON WATER UTILITY G&A GENERAL CUSTOMERS 115.09 4,250.00OVERLAY CONSULTING SUSTAINABILITY G&A GENERAL PROFESSIONAL SERVICES 4,250.00 310.89OXYGEN SERVICE COMPANY INC FIRE OPERATIONS OPERATIONAL SUPPLIES 310.89 445.00PAPER ROLL PRODUCTS POLICE G & A OPERATIONAL SUPPLIES 445.00 110.00PAPILLON MOLLY BROOMBALL REFUNDS & REIMBURSEMENTS 110.00 737.77PARK CHRYSLER JEEP GENERAL REPAIR EQUIPMENT MTCE SERVICE 737.77 110.00PARK TAVERN BOMBS BROOMBALL REFUNDS & REIMBURSEMENTS City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 34 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 34Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 110.00 110.00PARK TAVERN DAKOTA GANG BROOMBALL REFUNDS & REIMBURSEMENTS 110.00 165.54PARSONS AMY WATER UTILITY G&A GENERAL CUSTOMERS 165.54 440.31PARTSMASTERGENERAL REPAIR GENERAL SUPPLIES 440.31 74.68PARTSTREE.COM GENERAL FUND BALANCE SHEET INVENTORY 74.68 245.41PATHWAYS TO COMMUNITY INC WATER UTILITY G&A GENERAL CUSTOMERS 245.41 1.04PAULSON JOLENE & SEAN R WATER UTILITY G&A GENERAL CUSTOMERS 1.04 171.05PEEK TROY POLICE G & A TRAVEL/MEETINGS 171.05 122.77PERSONAL PRIDE CONSTRUCTION LTD WATER UTILITY G&A GENERAL CUSTOMERS 122.77 45.42PETERSON WENDY WATER UTILITY G&A GENERAL CUSTOMERS 45.42 136.49PETTIT ROBERT WATER UTILITY G&A GENERAL CUSTOMERS 136.49 24.91PETTY CASH POLICE G & A TRAVEL/MEETINGS 24.91 2,655.03PFM ASSET MANAGEMENT FINANCE G & A OTHER CONTRACTUAL SERVICES 2,655.03 15.00PHILLIPS KATIE WATER UTILITY G&A GENERAL CUSTOMERS 15.00 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 35 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 35Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 315.27PIONEER RIM & WHEEL CO GENERAL FUND BALANCE SHEET INVENTORY 315.27 347.00PLANT & FLANGED EQUIPMENT WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 347.00 1,160.00POMP'S TIRE SERVICE INC GENERAL FUND BALANCE SHEET INVENTORY 1,160.00 29.34POWERPLAN OIB TREE MAINTENANCE GENERAL SUPPLIES 29.34 60.13PREMIER ELECTRIC CORP BLDG & ENERGY G & A BUILDING 60.13 668.79PREMIUM WATERS INC FIRE OPERATIONS OPERATIONAL SUPPLIES 668.79 372.62PRO HEADSETS, LLC.E-911 PROGRAM OFFICE FURNITURE & EQUIPMENT 372.62 8,000.00PULSEPOINT FOUNDATION FIRE OPERATIONS EMERGENCY PREPAREDNESS 8,000.00 6,000.00PUZAK TOM ESCROWS PMC ESCROW 81.43WATER UTILITY G&A GENERAL CUSTOMERS 6,081.43 718.53QUALITY FLOW SYSTEMS INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 718.53 123.51QUICKSILVER EXPRESS COURIER GENERAL REPAIR POSTAGE 123.51 692.11RAILROAD MANAGEMENT COMPANY III LLC WATER UTILITY G&A LICENSES 692.11 1,735.00RAINBOW COMPANIES TREE MAINTENANCE CLEANING/WASTE REMOVAL SERVICE 1,735.00 90.69RAJU ASHWIN WATER UTILITY G&A GENERAL CUSTOMERS City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 36 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 36Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 90.69 4,638.28RANDY'S ENVIORMENTAL SERVICES FACILITIES MCTE G & A GARBAGE/REFUSE SERVICE 2,485.75REC CENTER BUILDING GARBAGE/REFUSE SERVICE 7,124.03 58.69REAL ESTATE SERVICES OF MN LLC WATER UTILITY G&A GENERAL CUSTOMERS 58.69 39.64REALTY PROS LLC WATER UTILITY G&A GENERAL CUSTOMERS 39.64 118.99RED WING BUSINESS ADVANTAGE ACCOUNT BLDG & ENERGY G & A GENERAL SUPPLIES 350.98PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 588.77WATER UTILITY G&A OPERATIONAL SUPPLIES 199.31PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 588.99VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 1,847.04 586.75RED WING STORE PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 197.99PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 784.74 2,426.77REFERRAL COLLISION INSURANCE FUND G&A UNINSURED LOSS 2,426.77 500.00RENT IT, LLC ESCROWS PMC ESCROW 500.00 60.27RENT MONEY LLC WATER UTILITY G&A GENERAL CUSTOMERS 60.27 15.00RICH GREGORY WATER UTILITY G&A GENERAL CUSTOMERS 15.00 1.00RIDLER DBA HERO PHC BLDG & ENERGY G & A DUE TO OTHER GOVTS 65.00BLDG & ENERGY G & A PLUMBING 66.00 57.97RIGID HITCH INC GENERAL FUND BALANCE SHEET INVENTORY 57.97 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 37 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 37Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 14.18RITTER MELISSA WATER UTILITY G&A GENERAL CUSTOMERS 14.18 350.52ROBERT B HILL CO REC CENTER BUILDING BLDG/STRUCTURE SUPPLIES 350.52 4,486.33ROBERT HALF TECHNOLOGY FIRE OPERATIONS GENERAL PROFESSIONAL SERVICES 4,486.33 21.29ROBERTS MARTHA WATER UTILITY G&A GENERAL CUSTOMERS 21.29 104.85ROGERS TRAVIS WATER UTILITY G&A GENERAL CUSTOMERS 104.85 50.91ROMAIN CHARLOTTE WATER UTILITY G&A GENERAL CUSTOMERS 50.91 115.66ROSEVILLE MIDWAY FORD GENERAL FUND BALANCE SHEET INVENTORY 115.66 20.00ROSHOLT, PAUL FIRE OPERATIONS TRAINING 20.00 46.42RUE MOLLY WATER UTILITY G&A GENERAL CUSTOMERS 46.42 22.61RUIZ KANESHA WATER UTILITY G&A GENERAL CUSTOMERS 22.61 1,119.50SAFE-FAST, INC.WATER UTILITY G&A OPERATIONAL SUPPLIES 1,119.50 477.04SAFELITE AUTO GLASS VEHICLE MAINTENANCE G&A EQUIPMENT MTCE SERVICE 477.04 2,989.92SAMBATEK, INC.WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 2,989.92 353.47SAMPY SARA WATER UTILITY G&A GENERAL CUSTOMERS City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 38 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 38Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 353.47 42.86SAM'S CLUB PUBLIC WORKS G & A SUBSCRIPTIONS/MEMBERSHIPS 171.42ORGANIZED REC G & A SUBSCRIPTIONS/MEMBERSHIPS 46.26ORGANIZED REC G & A INTEREST/FINANCE CHARGES 42.86PARK MAINTENANCE G & A SUBSCRIPTIONS/MEMBERSHIPS 42.86WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPS 346.26 1,337.00SAVATREETREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICE 1,337.00 384.06SCHAAKE COMPANY, AJ HUMAN RESOURCES RECOGNITION 384.06 80.00SCHAD TRACY SIGNS, INC.ZONING ZONING 80.00 31.55SCHIAVO SHANE WATER UTILITY G&A GENERAL CUSTOMERS 31.55 55.51SCHMIDT ELECTRIC INC BLDG & ENERGY G & A ELECTRICAL 55.51 55.00SCHMILLEN JARED BROOMBALL REFUNDS & REIMBURSEMENTS 55.00 788.15SCHMITZ AMBER INSTRUCTIONAL SKATING LESSONS OPERATIONAL SUPPLIES 788.15 20.00SCHNEIDER CHAD FIRE OPERATIONS TRAINING 20.00 306.71SCHWAAB, INC.BLDG & ENERGY G & A GENERAL SUPPLIES 306.71 20.98SCULLY MARY WATER UTILITY G&A GENERAL CUSTOMERS 20.98 1,941.92SELA GROUP LLC WATER UTILITY G&A GENERAL CUSTOMERS 1,941.92 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 39 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 39Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 19.74SELMECKI ABIGAIL WATER UTILITY G&A GENERAL CUSTOMERS 19.74 315.00SETS DESIGN INC.POLICE G & A OPERATIONAL SUPPLIES 315.00 1,970.00SHADYWOOD TREE EXPERTS & LANDSCAPING TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICE 1,970.00 31.18SHAFFER CHARLES & MELISSA WATER UTILITY G&A GENERAL CUSTOMERS 31.18 112.98SHAUGNESSY PATRICK WATER UTILITY G&A GENERAL CUSTOMERS 112.98 95.94SHEARER NICOLE WATER UTILITY G&A GENERAL CUSTOMERS 95.94 46.94SHEEHAN MEAGAN WATER UTILITY G&A GENERAL CUSTOMERS 46.94 25,479.00SHITECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 25,479.00 452.70SHORT ELLIOTT HENDRICKSON, INC.SIDEWALK & TRAILS G&A IMPROVEMENTS OTHER THAN BUILDI 452.70 17.87SHRED-IT USA MINNEAPOLIS ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICES 19.58FINANCE G & A GENERAL PROFESSIONAL SERVICES 667.35POLICE G & A OTHER CONTRACTUAL SERVICES 19.58WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 255.61WESTWOOD G & A GENERAL PROFESSIONAL SERVICES 979.99 362.10SHUBEEBLDG & ENERGY G & A GENERAL SUPPLIES 362.10 2,727.00SIDAL CROSSROADS CO. LLC.BLDG & ENERGY G & A RENTAL HOUSING 666.40WATER UTILITY G&A GENERAL CUSTOMERS 3,393.40 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 40 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 40Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 205.00SIGNATURE MECHANICAL INC WW RENTAL HOUSE (1322)OTHER CONTRACTUAL SERVICES 205.00 162.17SIGNPOST HOMES, INC.WATER UTILITY G&A GENERAL CUSTOMERS 162.17 176.19SIMONETT JEFFERY WATER UTILITY G&A GENERAL CUSTOMERS 176.19 100.61SINDT ORPAH WATER UTILITY G&A GENERAL CUSTOMERS 100.61 55.00SIR MOIST BEF BROOMBALL REFUNDS & REIMBURSEMENTS 55.00 3,509.82SLP FF ASSOC IAFF LOCAL #993 EMPLOYEE BENEFITS FUND BAL SHT UNION DUES 3,509.82 250.00SMITH ANTHONY GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 250.00 10.00SMITH MAURICE JR POLICE G & A TRAVEL/MEETINGS 10.00 273.83SMITH SHAWN WATER UTILITY G&A GENERAL CUSTOMERS 273.83 406.88SOMMERS RYAN WATER UTILITY G&A GENERAL CUSTOMERS 406.88 131,753.65SOUTH CEDAR TRAILS HOMEOWNERS ASSOC. S. CEDAR TRAILS HIA OTHER CONTRACTUAL SERVICES 131,753.65 300.00SOUTHWEST HIGH SCHOOL ROC DRY FLOOR RENTAL REFUNDS & REIMBURSEMENTS 300.00 597.00SPACK SOLUTIONS, INC.STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 1,830.80PAVEMENT MANAGEMENT G&A GENERAL PROFESSIONAL SERVICES 1,074.60WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 159.20SEWER CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 41 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 41Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 318.40STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 3,980.00 7,553.64SPECIALIZED ENVIRONMENTAL TECH INC SOLID WASTE G&A ORGANICS 7,553.64 101.41SPENCER RYAN WATER UTILITY G&A GENERAL CUSTOMERS 101.41 236.13SPS COMPANIES INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 141.36PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 377.49 19,309.76SRF CONSULTING GROUP INC SIDEWALK & TRAILS G&A IMPROVEMENTS OTHER THAN BUILDI 19,309.76 110.77ST. CROIX CHILD SUPPORT EMPLOYEE BENEFITS FUND BAL SHT WAGE GARNISHMENTS 110.77 65,000.00ST. LOUIS PARK EMERGENCY PROGRAM HOUSING REHAB G & A OTHER CONTRACTUAL SERVICES 65,000.00 529.36STAR TRIBUNE POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 529.36 189.14STEBNER EARL WATER UTILITY G&A GENERAL CUSTOMERS 189.14 9.00STEPP MANUFACTURING CO INC GENERAL FUND BALANCE SHEET INVENTORY 9.00 15.00STEVENSON JAIMIE WATER UTILITY G&A GENERAL CUSTOMERS 15.00 332.26STRATMAN PAUL WATER UTILITY G&A GENERAL CUSTOMERS 332.26 16,811.10STREICHER'S POLICE G & A OPERATIONAL SUPPLIES 16,811.10 16.90STROHL, JUDITH WATER UTILITY G&A GENERAL CUSTOMERS City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 42 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 42Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 16.90 171.10STUMPF JON WATER UTILITY G&A GENERAL CUSTOMERS 171.10 768.33SUBURBAN RATE AUTHORITY WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS 768.33SEWER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS 768.34STORM WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS 2,305.00 166.27SULLIVAN KELLY WATER UTILITY G&A GENERAL CUSTOMERS 166.27 108.00SUMMIT COMPANIES FIRE OPERATIONS REPAIRS 108.00 877.50SWANSON FLO-SYSTEMS CO WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 877.50 179.94SYSKO KENNETH POLICE G & A TRAVEL/MEETINGS 179.94 1,944.00TACTICAL ADVANTAGE POLICE G & A POLICE EQUIPMENT 1,944.00 85.70TECH DUMP CLEANING/DEBRIS REMOVAL CLEANING/WASTE REMOVAL SUPPLY 85.60WATER UTILITY G&A CLEANING/WASTE REMOVAL SUPPLY 85.60PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICES 256.90 33.54TELELANGUAGE INC ADMINISTRATION G & A OTHER CONTRACTUAL SERVICES 33.54 138.04TERMINAL SUPPLY CO VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 138.04 804.96TERMINIX PROCESSING CENTER FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 92.00BRICK HOUSE (1324)BUILDING MTCE SERVICE 92.00WW RENTAL HOUSE (1322)BUILDING MTCE SERVICE 1,729.92REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 2,718.88 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 43 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 43Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 50.00TEXA TONKA TAILORING FIRE OPERATIONS GENERAL PROFESSIONAL SERVICES 75.00FIRE OPERATIONS REPAIRS 125.00 944.00THE KNOX COMPANY FIRE OPERATIONS FIRE PREVENTION SUPPLIES 944.00 186.48THE SHERWINN WILLIAMS CO PARK MAINTENANCE G & A OTHER IMPROVEMENT SUPPLIES 208.80PARK BUILDING MAINTENANCE GENERAL SUPPLIES 273.40PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 668.68 117.60THE STANDARD ADMINISTRATION G & A LIFE INSURANCE 120.42ADMINISTRATION G & A LONG TERM DISABILITY 42.80RACE EQUITY & INCLUSION G&A LIFE INSURANCE 41.95RACE EQUITY & INCLUSION G&A LONG TERM DISABILITY 91.95HUMAN RESOURCES LIFE INSURANCE 95.09HUMAN RESOURCES LONG TERM DISABILITY 65.79COMM & MARKETING G & A LIFE INSURANCE 64.47COMM & MARKETING G & A LONG TERM DISABILITY 119.76IT G & A LIFE INSURANCE 131.12IT G & A LONG TERM DISABILITY 112.01ASSESSING G & A LIFE INSURANCE 110.59ASSESSING G & A LONG TERM DISABILITY 124.97FINANCE G & A LIFE INSURANCE 124.51FINANCE G & A LONG TERM DISABILITY 297.82COMM DEV G & A LIFE INSURANCE 296.23COMM DEV G & A LONG TERM DISABILITY 82.30FACILITIES MCTE G & A LIFE INSURANCE 80.46FACILITIES MCTE G & A LONG TERM DISABILITY 1,035.43POLICE G & A LIFE INSURANCE 1,021.64POLICE G & A LONG TERM DISABILITY 116.84COMMUNICATIONS/DISPATCH LIFE INSURANCE 114.50COMMUNICATIONS/DISPATCH LONG TERM DISABILITY 524.76FIRE OPERATIONS LIFE INSURANCE 520.60FIRE OPERATIONS LONG TERM DISABILITY 291.22BLDG & ENERGY G & A LIFE INSURANCE 309.28BLDG & ENERGY G & A LONG TERM DISABILITY 34.16SUSTAINABILITY G&A LIFE INSURANCE 33.43SUSTAINABILITY G&A LONG TERM DISABILITY City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 44 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 44Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 69.34PUBLIC WORKS G & A LIFE INSURANCE 50.05PUBLIC WORKS G & A LONG TERM DISABILITY 244.40ENGINEERING G & A LIFE INSURANCE 250.93ENGINEERING G & A LONG TERM DISABILITY 228.09PUBLIC WORKS OPS G & A LIFE INSURANCE 229.01PUBLIC WORKS OPS G & A LONG TERM DISABILITY 52.83CABLE TV G & A LIFE INSURANCE 51.71CABLE TV G & A LONG TERM DISABILITY 21.21HOUSING REHAB G & A LIFE INSURANCE 20.86HOUSING REHAB G & A LONG TERM DISABILITY 141.48WATER UTILITY G&A LIFE INSURANCE 139.24WATER UTILITY G&A LONG TERM DISABILITY 73.41SEWER UTILITY G&A LIFE INSURANCE 86.11SEWER UTILITY G&A LONG TERM DISABILITY 46.86SOLID WASTE G&A LIFE INSURANCE 45.90SOLID WASTE G&A LONG TERM DISABILITY 87.00STORM WATER UTILITY G&A LIFE INSURANCE 71.03STORM WATER UTILITY G&A LONG TERM DISABILITY 7,366.89EMPLOYEE BENEFITS FUND G&A LIFE INSURANCE 132.08ORGANIZED REC G & A LIFE INSURANCE 134.53ORGANIZED REC G & A LONG TERM DISABILITY 161.80PARK MAINTENANCE G & A LIFE INSURANCE 158.33PARK MAINTENANCE G & A LONG TERM DISABILITY 21.21NATURAL RESOURCES G & A LIFE INSURANCE 20.86NATURAL RESOURCES G & A LONG TERM DISABILITY 73.53WESTWOOD G & A LIFE INSURANCE 71.99WESTWOOD G & A LONG TERM DISABILITY 120.02REC CENTER SALARIES LIFE INSURANCE 117.58REC CENTER SALARIES LONG TERM DISABILITY 87.50VEHICLE MAINTENANCE G&A LIFE INSURANCE 85.78VEHICLE MAINTENANCE G&A LONG TERM DISABILITY 16,583.26 110.00THEUNISSEN WILLIAM BROOMBALL REFUNDS & REIMBURSEMENTS 110.00 239.59THOMPSON JAMES WATER UTILITY G&A GENERAL CUSTOMERS 239.59 319.98THOMSON REUTERS WEST PAYMENT CENTER POLICE G & A OTHER CONTRACTUAL SERVICES 319.98 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 45 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 45Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 200.00THRIVEPASSEMPLOYEE BENEFITS FUND G&A GENERAL PROFESSIONAL SERVICES 200.00 1,902.00TIMESAVER OFF SITE SECRETARIAL ADMINISTRATION G & A OTHER CONTRACTUAL SERVICES 633.00COMM DEV PLANNING G & A OTHER CONTRACTUAL SERVICES 2,535.00 381.73TOWMASTERGENERAL FUND BALANCE SHEET INVENTORY 381.73 816.00TRAFFIC CONTROL CORP SYSTEM REPAIR OTHER CONTRACTUAL SERVICES 816.00 320.00TRAFFIC LOGIX CORP.SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES 320.00 418.99TRI STATE BOBCAT GENERAL FUND BALANCE SHEET INVENTORY 634.61WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,053.60 3,595.69TRI-CITY/WILLIAM LLOYD ANALYTICAL LAB REILLY G & A OTHER CONTRACTUAL SERVICES 3,595.69 1.50TRINITY EXTERIORS BLDG & ENERGY G & A DUE TO OTHER GOVTS 110.00BLDG & ENERGY G & A BUILDING 111.50 13,478.00TRITECH SOFTWARE SYSTEMS POLICE & FIRE PENSION G&A OFFICE EQUIPMENT 13,478.00 149.01TUREK KRISTIN WATER UTILITY G&A GENERAL CUSTOMERS 149.01 9,820.00TWIN CITIES SEWER & WATER SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 9,820.00 176.75TWIN CITY GARAGE DOOR CO FACILITIES MCTE G & A BUILDING MTCE SERVICE 176.75 250.00TWIN CITY METALSEAL INC.PARK BUILDING MAINTENANCE OTHER IMPROVEMENT SUPPLIES City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 46 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 46Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 250.00 1,108.08TWIN CITY OUTDOOR SERVICES INC SNOW PLOWING OTHER CONTRACTUAL SERVICES 2,100.00SSD 1 G&A OTHER CONTRACTUAL SERVICES 735.00SSD 3 G&A OTHER CONTRACTUAL SERVICES 3,943.08 838.53UHL CO INC PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES 838.53 126.40ULTIMATE MARTIAL ARTS FITNESS PROGRAMS OTHER CONTRACTUAL SERVICES 126.40 1,583.01ULTIMATE SAFETY CONCEPTS INC FIRE OPERATIONS EQUIPMENT MTCE SERVICE 1,583.01 255.96US AUTOFORCE GENERAL FUND BALANCE SHEET INVENTORY 255.96 45.16US DEPARTMENT OF TREASURY EMPLOYEE BENEFITS FUND BAL SHT WAGE GARNISHMENTS 45.16 1,700.00USDNSUSTAINABILITY G&A SUBSCRIPTIONS/MEMBERSHIPS 1,700.00 16,922.27VALLEY-RICH CO INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 16,922.27 40.44VANDUSARTZ PATRINA WATER UTILITY G&A GENERAL CUSTOMERS 40.44 40.00VERIFIED CREDENTIALS HUMAN RESOURCES RECRUITMENT 40.00 2,452.44VERIZONSEWER UTILITY G&A TELEPHONE 19,599.53CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 73.74CELLPHONES, IPADS, ETC.TELEPHONE 22,125.71 464.20VESSCO INC WATER UTILITY G&A EQUIPMENT PARTS 464.20 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 47 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 47Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 282.50VOLKMANN BRETT GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 282.50 275.00WARNER TED GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 275.00 4,173.63WASHINGTON COUNTY E-911 PROGRAM OTHER CONTRACTUAL SERVICES 4,173.63 14,715.69-WASTE MANAGEMENT OF WI-MN SOLID WASTE G&A GENERAL CUSTOMERS 235,226.50SOLID WASTE G&A GARBAGE/REFUSE SERVICE 93,263.13SOLID WASTE G&A RECYCLING SERVICE 59,954.85SOLID WASTE G&A YARD WASTE SERVICE 88,430.78SOLID WASTE G&A ORGANICS 462,159.57 611.32WATER CONSERVATION SERVICE INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 611.32 20.00WATKINS, COTY FIRE OPERATIONS TRAINING 20.00 50.01WEIGEL, GREG POLICE G & A TRAVEL/MEETINGS 50.01 70.00WELLER APRIL FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPS 70.00 75.01WESTPHAL SHAUN WATER UTILITY G&A GENERAL CUSTOMERS 75.01 15.00WILLIAMS CASSANDRA WATER UTILITY G&A GENERAL CUSTOMERS 15.00 990.05WINSUPPLY OF EDEN PRAIRIE RELAMPING OTHER IMPROVEMENT SUPPLIES 1,327.74SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES 2,317.79 193.99WITMER PUBLIC SAFETY GROUP INC FIRE OPERATIONS PROTECTIVE CLOTHING 193.99 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 48 3/30/2021CITY OF ST LOUIS PARK 10:20:55R55CKS2 LOGIS400V 48Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/26/20212/20/2021 - Amount ObjectVendorBU Description 1,190.00WRAP CITY GRAPHICS PUBLIC WORKS OPS G & A OTHER IMPROVEMENT SUPPLIES 1,190.00 2,986.51WSB ASSOC INC WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 10,666.13SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES 29,011.86STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 42,664.50 24,344.36XCEL ENERGY FACILITIES MCTE G & A ELECTRIC SERVICE 44,245.71PUBLIC WORKS OPS G & A ELECTRIC SERVICE 56,336.61WATER UTILITY G&A ELECTRIC SERVICE 1,513.53REILLY G & A ELECTRIC SERVICE 8,830.96SEWER UTILITY G&A ELECTRIC SERVICE 1,337.16STORM WATER UTILITY G&A ELECTRIC SERVICE 10,700.59PARK MAINTENANCE G & A ELECTRIC SERVICE 49.60BRICK HOUSE (1324)ELECTRIC SERVICE 70.07WW RENTAL HOUSE (1322)ELECTRIC SERVICE 19,655.03REC CENTER BUILDING ELECTRIC SERVICE 167,083.62 100.94YESNES LINDA WATER UTILITY G&A GENERAL CUSTOMERS 100.94 19.25ZEE MEDICAL SERVICE PUBLIC WORKS G & A GENERAL SUPPLIES 120.10PUBLIC WORKS OPS G & A GENERAL SUPPLIES 59.35WATER UTILITY G&A GENERAL SUPPLIES 160.15PARK MAINTENANCE G & A GENERAL SUPPLIES 913.80PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICES 28.40NATURAL RESOURCES G & A GENERAL SUPPLIES 91.50VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 1,392.55 Report Totals 2,859,158.26 City council meeting of April 5, 2021 (Item No. 4a) Title: Approval of city disbursements Page 49 Meeting: City council Meeting date: April 5, 2021 Consent agenda item: 4b Executive summary Title: Bid tabulation – award bid for Monterey-Belt Line -36th improvement project (4020-1101 and 4021-2000) Recommended action: •Motion to designate Thomas and Sons Construction the lowest responsible bidder and authorize a contract with the firm in the amount of $2,889,051.80 for Monterey-Belt Line-36th improvement project (4020-1101 and 4021-2000). •Motion to adopt Resolution to restrict parking on 36th Street from Webster Avenue to Belt Line Boulevard. Policy consideration: Does the city council wish staff to continue to pursue the se infrastructure improvements? Summary: A total of seven (7) bids were received for this project on March 25, 2021. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Thomas and Sons Construction $2,889,051.80 S.M. Hentges & Son, Inc.$2,928,295.75 C.S. McCrossan Construction, Inc.$2,957,847.41 Ramsey Companies $3,080,584.40 Bituminous Roadways, Inc.$3,091,072.00 Park Construction Company $3,102,802.88 Minger Construction Co., Inc.$3,267,610.50 Engineer’s estimate $3,002,476.00 The bid review indicates Thomas and Sons Construction submitted the lowest responsible bid. Thomas and Sons Construction has completed this type and size of work successfully in other cities. Staff recommends that a contract be awarded to the firm in the amount of $2,889,051.80. Financial or budget considerations: This project is included in the city’s 2021 Capital Improvement Plan (CIP). A combination of general obligation bonds, municipal state aid, sanitary sewer, storm sewer and watermain funds are expected to be utilized to pay for the project. Additional information on the breakdown of the funding can be found 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 Resolution Project map Overall 2021 f inancial summary Prepared by: Jack Sullivan, senior engineering project manager Reviewed by: Debra Heiser, engineering director Approve d by: Tom Harmening, city manager City council meeting of April 5, 2021 (Item No. 4b) Page 2 Title: Bid tabulation – award bid for Monterey-Belt Line-36th improvement project (4020-1101 and 4021-2000) Discussion Background: Council approved the final plans and specifications and authorized bidding documents on February 1, 2021. An advertisement for bids was published in the St. Louis Park Sun Sailor on March 4, 2021 and March 11, 2021, and in Finance and Commerce on March 4 through March 17, 2021. Email notification was provided to four (4) minority association s, and final printed plans were available for viewing at City Hall. In addition, plans and specifications were made available electronically via the internet on the city’s eGram website. Forty-five (45) contractors/vendors obtained plan sets, including five (5) Disadvantage Business Enterprises (DBE). Project scope : Th is is the second phase of this project and consists of improvements on three roadways near the REC Center. The project was initiated to install a bikeway along Monterey Drive / 36th Street/ Belt Line Boulevard to connect to the larger existing and proposed bike network in the city . During review of the existing infrastructure condition several maintenance and safety needs were identified. This work was added to the scope of this project. The limits of the project can be seen on Attachment 1. An overview of the project scope can be found below: • Monterey Drive from Park Commons Drive through the intersection of Belt Line Boulevard/ 36th Street o Rehabilitation of the existing pavement o Modify the 4 lanes of traffic to 3 lanes to allow for buffered on-street bike lanes o Replace the traffic signal at the intersection of Monterey Drive, Belt Line Boulevard and 36th Street with a roundabout o Install low maintenance vegetation in center median and roundabout island This vegetation will require annual maintenance by the city. o Restrict the intersection of Melrose Center driveway and Monterey Drive to a right-in / right-out access (no left turn to southbound Monterey Drive) o Complete the installation of a new sanitary sewer forcemain that was started in 2020 with the first phase of this project o Increase the sidewalk width from 5 feet to 8 feet along the east side of Belt Line Boulevard from Bridgewater Bank to the intersection of Belt Line Blvd and 36 1/2 Street o Construct a center median at the RRFB at the intersection of 36th 1/2 Street and Monterey Drive o No changes to the existing parking restrictions • Belt Line Boulevard from Monterey Drive to the north side of Park Glen Road o Modify the 4 lanes of traffic to 3 lanes (one lane in each direction and a center left -turn lane) to install on -street buffered bike lanes to connect to Belt Line Boulevard SWLRT Station o Install a crosswalk with center median at 35th Street to improve the connection between the Bass Lake Preserve trail system and the Belt Line Boulevard industrial area o No changes to the existing parking restrictions City council meeting of April 5, 2021 (Item No. 4b) Page 3 Title: Bid tabulation – award bid for Monterey-Belt Line-36th improvement project (4020-1101 and 4021-2000) • 36th Street from Belt Line Boulevard to the intersection of Hwy 100 northbound ramps, just west of Target o One of the eastbound traffic lanes between Park Center Drive and the roundabout will be removed to allow space in the right of way for an off-street multi-use trail o No changes to the westbound 36th Street lanes o Construct a new multi-use trail on the south side of 36th Street for bicycle and pedestrian use o Create a left turn lane into the ROC from westbound 36th Street o Install a crosswalk with center median at the intersection of the REC driveway /Raleigh Avenue and 36th Street. This will restrict the intersection to a right -in / right -out access (no left turns onto 36th Street) o This roadway is already signed as “No Parking”, however, we were unable to find a resolution ratifying the restrictions as they are currently posted. The attached resolution will reconcile this inconsistency. • ROC/ REC north service road o Remove the back of curb sidewalk along the north side of the service road o Widen the road from 16 feet to 20 feet. o The sidewalk on the south side of the frontage road will remain in place for pedestrian access . o The pavement along the service road will be milled and overlaid o The service road will remain one way and parking restrictions will not change Financial considerations: A combination of general obligation (GO) bonds, municipal state aid, pavement management, general obligation (GO) bonds, sanitary sewer, storm sewer, and watermain funds are expected to be utilized to pay for this project. The updated financial information is shown in the table below. Engineer’s Estimate Low bid Construction costs $3,002,476 $2,889,051.80 Engineering and administration (25%) $750,619 $722,262.95 Total $3,753,094 $3,611,314.75 Funding sources General obligation bonds $914,652 $1,000,322.40 Municipal state aid $94,781 $94,781 Pavement management $2,196,094 $1,970,373.85 Sanitary sewer $375,703 $241,150.00 Stormwater utility $142,740 $212,300.00 Watermain $29,124 $92,387.50 Total $3,753,094 $3,611,314.75 Attached is the overall financial summary for the transportation and maintenance projects included in the 2021 CIP. As each project is brought to the council for final approval and for bid award, this summary will be updated to reflect the bids received. City council meeting of April 5, 2021 (Item No. 4b) Page 4 Title: Bid tabulation – award bid for Monterey-Belt Line-36th improvement project (4020-1101 and 4021-2000) 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 bonding. To help mitigate the levy impact, a 15-year term was used for the Louisiana bridge project to reduce 2023 and 2024 levy impact to 2.3% debt levy increase; this will be discussed during the 2021 budget process. Due to the nature of our construction projects, unexpected costs do come up. To address this, past practice has been to show a contingency for all aspects of the project. What follows is a table that shows this contingency and how this would affect the project costs. Low Bid Contingency (5%) Engineering (25%) Total General obligation bonds $800,257.92 $40,012.90 $200,064.48 $1,040,335.30 Municipal state aid $75,824.80 * $18,956.20 $94,781.00 Pavement management $1,576,299.08 $82,606.19 $394,074.77 $2,052,980.04 Sanitary s ewer $192,920.00 $9,646.00 $48,230.00 $250,796.00 Stormwater utility $169,840.00 $8,492.00 $42,460.00 $220,792.00 Watermain $73,910.00 $3,695.50 $18,477.50 $96,083.00 Total $2,889,051.80 $144,452.59 $722,262.95 $3,755,767.34 *MSA funds are limited and there are not additional funds available should unexpected costs be incurred. Contingency cost for this funding source is added to the pavement management contingency. ($3,791.24) Schedule and next steps: Work is expected to start in May and should be completed in November 2021. Monterey Drive, Belt Line Boulevard and 36th Streets are active areas with limited room for contractors to complete the se improvements. Work is planned to occur in multiple phases to allow as many of the normal operations of the area to occur as possible. There will need to be access closures, lane closures, road closures and detours to complete all the necessary work. One of the most impactful construction activities is the removal of the traffic signal and construction of the roundabout near the REC Center. To plan for this construction e ngineering staff has been working with the REC Center staff to understand schedules to find times that the facility is less dependent on this access. The intersection of Monterey Drive, Belt Line Boulevard and 36th Street will need to completely close to all traffic beginning mid -August through late fall to complete the construction. During this time, traffic will be detoured to other roadways and will use alternate access to the REC/ ROC and other facilities like the Melrose Center. City council meeting of April 5, 2021 (Item No. 4b) Page 5 Title: Bid tabulation – award bid for Monterey-Belt Line-36th improvement project (4020-1101 and 4021-2000) Resolu tion No. 21-____ Authorizing installation of parking restrictions on 36th St from Webster Avenue to Belt Line Boulevard Whereas, the City Council of the City of St. Louis Park has received a report from the Project Manager related to the Monterey-Belt Line -36th Improvements project n os. 4020-1101 and 4021-2000; and, Whereas, the City Council of the City of St. Louis Park , Minnesota approved the preliminary layout on October 21, 2019; and, Whereas, the City Council approved the final plans and specifications on February 1, 2021; and, Whereas, staff evaluated the traffic controls along the corridor and determined that the parking restrictions on 36th Street from Webster Avenue to Belt Line Boulevard are appropriate and should remain in place. Now therefore be it 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 36th Street from the east right of way line of Webster Avenue to the east right of way line of Belt Line Boulevard. Reviewed for administration: Adopted by the City Council April 5, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk !( GWX GWX ?A@ 25 3 100 ZARTHANAVESPARK C E N TE R B L V D E X C E LS IO R BLVDSERVICE DR H I G H W A Y 7 RALEIGHAVESGRAND WAY 35TH ST W XENWOODAVESYOSEMITEAVESW O LFE PKWYSALEMAVESPARK C O M M O N S D RWO O D D A L E A VE XENWOODAVESW ALKERST36 1/2 STWYOSEMITEAVES PARK C O M M O N S D R GOODRICH AVE OXFORD ST LYNN AVE S HAMILTON ST 34TH ST WZARTHANAVES PRIVATE RDCAMERATA WAYWEBSTER AVE SMERID IAN LN 33RD ST W LYNNAVESWEBSTERAVESQUENTINAVESSER VI CE D R H I G H W A Y 7 YOSEMITEAVESWOODDALE AVE 33RD S T W P R IV A T E RDWEBSTERAVESUTICA AVES35TH ST W P A R K GL E N R D COUNTY ROA D 2 5 SERVIC ED R H IG H W A Y 7 0 500 1,000250 Feet Monterey Drive, Beltline Boulevard and 36th Street bikeway and street improvements Overview Map ² 36TH ST W 2021 - BELTLINE BLVD2022 - 2 0 2 0 20 2 1 M O N T E R E Y D R Proposed Roundabout 2021 - 36TH ST W City council meeting of April 5, 2021 (Item No. 4b) Title: Bid tabulation – award bid for Monterey-Belt Line-36th improvement project (4020-1101 and 4021-2000)Page 6 Overall financial summary T able 1 shows the actual costs for the projects that the city council has authorized for bidding or has awarded. The highlighted $740,382 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 . 2021 budget Louisiana bridge 4018-1700 Monterey project 4020-1101, 4021-2000 Pavement mill and overlay 4021-1200, 4022-1050 Beltline Pedestrian Improvements 4022-2000 Citywide speed limits 4021-1300 City Hall parking lot maintenance 4021-1600 Alley construction 4020-1500 Concrete replacement 4021-0003 2021 project balance GO Bonds 10,700,000 8,310,604 1,040,335 - 1,067,838 - - 281,222 Pavement management fund 3,800,122 293,043 2,052,980 697,474 427,706 65,517 263,403 Municipal state aid 752,233 657,452 94,781 - - - 0 State Of MN bridge bonds 1,502,755 1,502,755 - - - - - Federal grant 560,000 - - - 560,000 - - - Stormwater 1,077,702 532,623 220,792 - 230,303 85,850 8,134 Water 582,263 484,458 96,083 - - - 1,722 Sewer 316,250 - 250,796 - - - 65,454 Operations budget 195,000 - - - - 74,554 120,446 Total funding 19,486,325 11,780,935 3,755,767 697,474 1,627,838 658,009 225,920 740,382 Awarded Awarded Awarded Cost Estimate in design in design Awarded Awarded Table 1: 2021 Transportation and maintenance projects and funding - actual City council meeting of April 5, 2021 (Item No. 4b) Title: Bid tabulation – award bid for Monterey-Belt Line-36th improvement project (4020-1101 and 4021-2000)Page 7 Meeting: City council Meeting date: April 5, 2021 Consent agenda item: 4c Executive summary Title: Municipal state aid system revision Recommended action: Motion to adopt Resolution establishing Highway 100 East Frontage Road as a Municipal State Aid Street segment. Policy consideration: Not applicable . Summary: The City of St. Louis Park has 148.90 miles of street under its jurisdiction. A portion of these streets are designated as Municipal State Aid (MSA) streets. This makes them eligible for funds from the state gas tax. In late 2020, Minneapolis reached out to St Louis Park and Golden Valley to discuss the possibility of designating the frontage road on the south and east side of I 394/ TH100 as Municipal State Aid. This frontage road starts at the intersection of Old Cedar Lake Road and continues through Golden Valley and into Minneapolis. To be designated as MSA, all three cities need to process their designation simultaneously. Staff recommends adding this segment to the MSA system. MnDOT state aid has reviewed the recommended revision and will approve this designation request upon receipt of a city council resolution ordering the same. Financial or budget considerations: Annually, the city receives around $1.75 million in MSA funds. The MSA funding formula is based on the construction needs for the mileage reported annually and the city population. The act of designating all the mileage available to the city results in maximizing the funds available for maintenance and construction of our MSA system. Approving these revisions is expected to result in an increase to our annual funding from the state. Due to the nature of the state aid funding formula, it is difficult to give an exact number; however, staff expects it to be between $25-50,000 in additional annual funding. Strategic priority consideration: Not applicable. Supporting documents: Discussion Resolution MSA revision map Prepared by: Debra Heiser, engineering director Approved by: Tom Harmening, city manager City council meeting of April 5, 2021 (Item No. 4c) Page 2 Title: Municipal state aid system revision Discussion Background: The municipal state aid (MSA) system is a collection of higher volume and key streets located in 148 Minnesota cities, of which 84 are in the Twin Cities metropolitan area. The roughly 3,700 miles of state aid streets constitute around 16 percent of centerline miles of all city streets . The Minnesota Constitution dedicates a portion of statewide revenues for local roads and bridges. Among its features, the constitution dedicates specific transportation-related taxes to transportation purposes; allocates tax revenues by formula; and create s an MSA fund for financial assistance to citie s. The primary source of funding is nine percent of the 95 percent of the Highway Users Tax Distribution Fund (HUTD). A city must have a population over 5,000 in order to qualify for MSA aid. The Minnesota Department of Transportation (MnDOT) administers the state aid program. MnDOT determines amounts annually based on a combination of tax receipts and future estimates. Aid apportionments are released each January and distributed on a calendar-year basis. MnDOT apportions the direct aid to cities following a formula in state statute, so that: • 50 percent is divided proportionally based on the population of each city (compared to the total for all municipal state aid cities); and • 50 percent is proportional based on city construction needs. The “needs” calculation under the aid formula is structured to enable comparison across the cities and does not identify total costs to bring municipal state aid streets up to state standards. MnDOT has also adopted administrative rules governing the program, which cover topics such as minimum roadway design and engineering standards, apportionment between construction and maintenance, and contract and bidding requirements. Each year it is the city engineer’s responsibility to submit the necessary information that explains their road, structure, and railroad crossing construction needs to the Commissioner of Transportation for our MSA system. St. Louis Park’s state aid system: An urban municipality’s MSA system is comprised of 20 percent of a city’s county road and local improved street mileage. County roads and County State Aid Highways (CSAH) that have reverted to the municipality may be included above the 20 percent mileage limitation. St. Louis Park has 148.90 miles of streets under our jurisdiction. St. Louis Park can designate up to 33.14 miles of street as MSA. This is our 20 percent mileage (29.78) plus 3.54 miles of county road turnbacks included in our system. Currently, the city has designated 29.6 miles with 0.18 miles undesignated. The action of designating a street as MSA does not increase the number of vehicles using the road, rather, the road is designated as MSA because people use it. For a segment to be designated as MSA it must terminate with another state aid street, a state highway, or a county City council meeting of April 5, 2021 (Item No. 4c) Page 3 Title: Municipal state aid system revision roadway. Due to these connections, more drivers use these roads and they serve as collectors. As the term implies, collector roads, collect and distribute vehicular traffic from neighborhoods and commercial areas and provide a critical link between local streets, which are primarily designed for property access and minor arterials, which are designed for higher vehicular mobility. Collector streets have an equal emphasis on land access and vehicular mobility. Once designated as MSA routes, these street segments generate construction needs for the city . These construction needs make up 50 percent of the formula for how much funding the city receives annually . The se funds are available to the city to maintain and reconstruct the MSA roads in the city. Present considerations: In late 2020, Minneapolis reached out to St Louis Park and Golden Valley to discuss the possibility of designating the frontage road on the south and east side of I 394/ TH100 as Municipal State Aid. This frontage road starts at the intersection of Old Cedar Lake Road and continues through Golden Valley and into Minneapolis. To be designated as MSA, all three cities need to process their designation simultaneously. Upon review of our system, staff determined that there was adequate unassigned mileage available for designation , and no other modifications would be necessary to partner with Minneapolis on their request. It is recommended that this street segment be added to our state aid system. As shown below this will result in all the mileage available to us being designated. Since, it is difficult to find a combination of segments that add up exactly to the mileage available to us, the total shows a negative b alance. This is within the acceptable tolerance in the context of the MSA system. Designating th is street segment will better meet the financial and transportation needs of the city. Next steps: Designating th is street as MSA will not change how it is managed or how people use it. Rather it makes it eligible for state aid funding when it comes time to rehabilitate the pavement. The street segment is in good condition and will not require pavement rehabilitation for 15 to 20 years. From a capital planning perspective, the addition will generate higher construction needs and a subsequent increase in our annual funding. This will assist in delivering the MSA projects in our 10-year CIP and beyond. Street name Limits Segment number Length (miles) Highway 100 East Frontage Road Old Cedar Lake Road to north city limits at Douglas Avenue 324 0.19 Total additions 0.19 Unassigned mileage 0.18 Net Unassigned Mileage -0.01 City council meeting of April 5, 2021 (Item No. 4c) Page 4 Title: Municipal state aid system revision Resolution No. 21-____ Resolution establishing Highway 100 East Frontage Road as a Municipal State Aid street W hereas, it appears to the City Council of the City of St. Louis Park that the streets hereinafter should be designated Municipal State Aid Street under the provisions of Minnesota Law . Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that the roads are described as follows, to-wit: Street name Limits Highway 100 East Frontage Road Old Cedar Lake Road to north city limits at Douglas Avenue be , and hereby are established, located, and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. It is further resolved that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon the Commissioner’s approval of the designation of said street or portion thereof, that same be constructed, improved, and maintained as a Municipal State Aid Street of the City of St. Louis Park. Reviewed for administration: Adopted by the City Council April 5, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk £¤ ?A@ £¤ £¤\]^ \]^ ?A@ \]^ ?A@ GWX GWX GWX ?A@ GWX ?A@ GWX GWX GWX E TH100 Ftg Rd 169 169 169 7 394 394 100 394 100 25 5 3 100 3 7 5 5 17SERVICEDRHWY7SVIRGINIAAVESTEXAS AVE SBROOKSIDEAVESC E D A R L A K E R D LOUISIANA AVE SDAKOTA AVE SAQUILA AVE SPENNSYLVANIA AVE SMO N T E R E Y D R L OUISIANAAVES(E)SERVICE D R H W Y 3 9 4 S FLAGAVES38TH ST W 28TH ST W 2 6TH S T W PARKCENTERBLVDWALKER S T 3 7 T H S T WEDGEWOODAVESP A R K D A L E D R 3 6TH ST W (S)QUENTI NAVESCOLORADOAVESALABAMA AVE SCAMBRIDGE ST BELTLINEBLVDAQUI L A AVE S(W)WOODDALE AVELAKE ST WAQUILALNSFRANCEAVESLOUISIANAAVES(W)PARK PLACE BLVD (W)3 5 T H S T W OXFORD S T 16TH ST WSHELARDPKWYFORDRD 36TH ST W 0 0.5 10.25 Miles ´ 2021 Proposed MSA Changes Legend Proposed MSA Additions (991 ft.) Existing MSA Streets Municipal Boundary Page 5 City council meeting of April 5, 2021 (Item No. 4c) Title: Municipal state aid system revision Meeting: City council Meeting date: April 5, 2021 Consent agenda item: 4d Executive summary Title: Retirement recognition for Jayme Hamilton Recommended action: Motion to adopt Resolution to recognize Jayme Hamilton for his 31 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. Jayme has declined to attend virtually for a presentation . This consent item will officially adopt the resolution that honors Jayme for his years of service. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Ali Timpone, interim human resources officer Approve d by: Tom Harmening, city manager City council meeting of April 5, 2021 (Item No. 4d) Page 2 Title: Retirement recognition for Jayme Hamilton Resolution No. 21-____ Resolution of the City Council of the City of St. Louis Park, Minnesota recognizing the contributions and expressing appreciation to Public Service Worker Jayme Hamilton Whereas, Jayme Hamilton began his employment with the City of St. Louis Park on March 13, 1989; and Whereas, in his role on the forestry crew, Jayme has pruned and removed hundreds of trees, planted more than a thousand trees; and Whereas, Jayme served in a crew leader role for forestry staff for many years, strongly advocating for and leading by following all safety procedures in a dangerous job; and Whereas, Jayme worked with other program staff and the SLP Historical Society in 2008 to relocate the Beehive fireplace from Lilac Park to Roadside Park in order to preserve the historic stone structure; and Whereas, Jayme has helped to beautify St. Louis Park by creating landscapes, flower gardens and community gardens throughout the city; and Whereas, Jayme has done his part to help the department by plowing snow, performing extra work for storm damage cleanup and various other special landscape projects; and Whereas, Jayme will enjoy retirement by spending time with his family ; 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 Jayme for his great contributions and 31 years of dedicated service to the City of St. Louis Park and wish him the best in his retire ment. Reviewed for Administration: Adopted by the City Council April 5, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: April 5, 2021 Consent agenda item: 4e Executive summary Title: 2021 Local #993 Fire fighter Labor Agreement Recommended action: Motion to adopt Resolution approving labor agreement between the city and the firefighter employee bargaining group, establishing terms and conditions of employment for one year, from Jan. 1, 2021 – Dec. 31, 2021. Policy consideration: Does council approve of the labor agreement between the city and the union? Summary: Staff have been in active negotiations with the fire union group 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. This is our last (of five) open bargaining agreement for 2021. For future note: The fire captain position (currently three incumbents in this position) was formerly classified as non -union but in late 2020, the employees petitioned to form a union. The fire chief, HR and city manager are working with our labor attorney Scott Lepak on this petition. When the positions were added back into the fire structure in 2004, they were set up as shift supervisors to lead and manage each shift. There is a specific process that is required in order to finalize the unit determination that includes a hearing in late April with the Bureau of Mediation Service s (BMS). This process will determine whether the captains will join the fire bargaining group or stay separate and form their own separate supervisory union. Once that determination has been made by BMS, the city and fire captains will meet to negotiate terms and conditions of employment 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, interim human resources officer Approve d by: Tom Harmening, city manage r City council meeting of April 5, 2021 (Item No. 4e) Page 2 Title: 2021 Local #993 Firefighter Labor Agreement Discussion Background: The city and the fire union group have negotiated and come to agreement on the following changes to the contract: • Duration of one year (Jan. 1, 2021 – Dec. 1, 2021). • Wage increase of 2% for 2021, with additional market adjustments to move this group to the 85th percentile of our market. − Comment: Fire was the last group to agree to add “above average” performance language to their pay, and thus be compensated at the 85th percentile. • Longevity has been rolled into the pay step scale. − Comment: This is consistent with our other union contracts. • Employer contribution for benefits are the same as other groups for 2021. • Increase comp time accrual consistent with other groups (60 hours max for day employees, 84 hours max for shift employees). To comply with IRS rules, this group is allowed one voluntary cash out in 2021, then all comp time is required to remain on the books until used. • Language changes approved to clarify how time is paid for call-backs and shift exchange. • Moving language from the MOU into the contract for uniforms. − Comment: For the past several years, the chief has been working with the union to move from providing a uniform allowance (and requiring employees to purchase their own uniforms) to uniform items being issued by the city. This has been listed in a Memorandum of Understanding (MOU) and attached to the contract. As this has been successfully working, this now brings the MOU into the actual contract. • Adding an MOU to test a new way of selecting vacation picks in 2021 so that management can monitor impacts on allowing additional selections. − Comment: By putting this in a MOU, it allows the fire chief to see if this change to vacation picks will work and not cause a significant increase in overtime. 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 April 5, 2021 (Item No. 4e) Page 3 Title: 2021 Local #993 Firefighter Labor Agreement Resolution No. 21-___ Resolution approving labor agreement b etween the City of St. Louis Park and International A sso ciation o f Firefighters (IAFF) Local #993 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 IAFF Local 993, effective Jan. 1, 2021 – Dec. 31, 2021. Reviewed for administration: Adopted by the City Council April 5, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: April 5, 2021 Consent agenda item: 4f Executive summary Title: Authorize bank signatories Recommended action: Motion to adopt Resolution authorizing bank signatories. Summary: The city has three checking accounts and a money market account at Citizens Independent Bank in St. Louis Park. The vendor checking account has the largest number of transactions and is used for all city vendor payments. The payroll checking account is used solely for payroll purposes, and very few checks are written from this account, as all regular and seasonal city employees are paid via direct deposit. The EDA checking account is used for EDA vendor payments. Since all of the checking accounts are non-interest-bearing accounts, the city also has a premier money market account that has been used in the past for short term interest earning potential. There is no check writing associated with this money market account and all transactions are transfers between accounts or wires to and from other city investment accounts. Due to retirement of Nancy Deno, staff is updating signature cards and banking resolutions for all bank accounts. EDA bylaws also require changes to check signers based on the election of officers. Banking procedures require a council resolution when adding or removing signers from a bank account. The following signatories are recommended for each bank account: City vendor checking account Thomas Harmening , city manager Check signer/primary authority Melanie Schmitt , chief financial officer Check signer/primary authority Cindy Walsh, interim deputy city manager Secondary authority Payroll checking account Thomas Harmening , city manager Check signer/primary authority Melanie Schmitt , chief financial officer Check signer/primary authority Cindy Walsh, interim deputy city manager Secondary authority EDA checking account Thomas Harmening , executive director Check signer as required by EDA bylaws Tim Brausen, EDA president Check signer as required by EDA bylaws Margaret Rog, EDA vice president Secondary authority Cindy Walsh, interim deputy executive director Secondary authority Premier money market account Thomas Harmening , city manager Primary authority Melanie Schmitt , chief financial officer Primary authority Darla Monson, senior accountant Secondary authority Financial or budget considerations: The actions recommended will ensure that the city is compliant with banking and audit requirements and adhere s to the current EDA bylaws. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Darla Monson, accountant Reviewed by: Melanie Schmitt , chief f inancial officer Approve d by: Tom Harmening, city manager City council meeting of April 5, 2021 (Item No. 4f) Page 2 Title: Authorize bank signatories Resolution No. 21-____ Resolution authorizing bank signatories Whereas, the City of St. Louis Park has multiple accounts at Citizens Independent Bank; and Whereas, it is necessary to update the current bank signatories; Now therefore be it resolved by the St. Louis Park City Council that approval is hereby given to authorize the following bank signatories on the Citizens Independent Bank accounts. City vendor checking account Thomas Harmening, city manager Melanie Schmitt, chief financial officer Cindy Walsh, deputy city manager Payroll checking account Thomas Harmening, city manager Melanie Schmitt, chief financial officer Cindy Walsh, deputy city manager EDA checking account Thomas Harmening, executive director Tim Brausen, EDA president Margaret Rog, EDA vice president Cindy Walsh, deputy executive director Premier money market account Thomas Harmening, city manager Melanie Schmitt , chief financial officer Darla Monson, senior accountant Reviewed for administration: Adopted by the City Council April 5, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: April 5, 2021 Consent agenda item: 4g Executive summary Title: Bank signatories for the Home Remodeling Fair Recommended action: Motion to adopt Resolution authorizing bank signatories for the Home Remodeling Fair. Policy consideration: Does council wish to approve the bank signatories for the Home Remodeling Fair? Summary: The City of St. Louis Park has participated in the Home Remodeling Fair for many years along with the cities of Golden Valley, Hopkins and Minnetonka, as well as with St. Louis Park, Hopkins and Minnetonka Community Education. The fair provides residents with information and resources for housing improvements from exhibitors including remodeling contractors, architects, landscapers, financial lenders and city departments. The City of St. Louis Park has served as the fiscal agent for the Home Remodeling Fair since 2015 and maintains a separate checking account for Home Remodeling Fair business at Citizens Independent Bank. It is good practice to review and update bank signatories as necessary. Staff recommends that Tom Harmening continue to be the primary authorized bank signatory for the Home Remodeling Fair checking account until a new city manager is hired and that Melanie Schmitt is added as a secondary signatory. Financial or budget considerations: Any bank fees associated with the Home Remodeling Fair account are paid by the Home Remodeling Fair. Costs to the City of St. Louis Park for acting as fiscal agent are minimal consisting primarily of staff time. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Darla Monson, accountant Reviewed by: Melanie Schmitt , chief financial officer Approve d by: Tom Harmening, city manager City council meeting of April 5, 2021 (Item No. 4g) Page 2 Title: Bank signatories for the Home Remodeling Fair Resolution No. 21-____ Resolution authorizing bank signatories for the Home Remodeling Fair Whereas, the City of St. Louis Park has partnered with other local area communities to coordinate and promote the Home Remodeling Fair for several years; and Whereas, the City of St. Louis Park is the fiscal agent for the Home Remodeling Fair; and Whereas, the City of St. Louis Park maintains a bank account for the Home Remodeling Fair at Citizens Independent Bank; and Whereas, it is necessary to update the current bank signatories; Now therefore be it resolved by the St. Louis Park City Council that approval is hereby given to authorize the following bank signatories on the checking account for the Home Re modeling Fair. Thomas Harmening, city manager Check signatory/primary authority Melanie Schmitt , chief financial officer Secondary authority Reviewed for administration: Adopted by the City Council April 5, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: April 5, 2021 Consent agenda item: 4h Official minutes Fire civil service commission February 18, 2020 | 9:00 am Members present: Commissioners Bill MacMillan, Stuart Williams and Bob Tift Members absent: None Staff present: Ali Timpone, HR manager/staff liaison; Steve Koering, fire chief; John Wolff, deputy fire chief; Cary Smith, assistant chief; and Shawn Glapa, f ire lieutenant 1. The meeting was called to order at 9:03 a.m. by Commissioner Tift. 2. Minutes of the September 17, 2019 Fire Civil Service meeting were approved as presented. 3. Commissioner MacMillan was deemed commission President by virtue of 2020 being the third year of his term and chaired the meeting in accordance with statute. The commission discussed selection of secretary. Commissioner Williams will continue to serve as secretary until a successor is named in accordance with MN Statute 420.04. 4. Deputy Chief Wolff presented the completed promotional process for the position of Fire Captain. There are currently no vacancies for this position, but the list will stand for two years. Three candidates completed the promotional process which included a detailed application, simulator, interview, promotability index, and inbasket exercise. A motion was made by Commissioner William s, seconded by Commissioner Tift to approve the 2020 Fire Captain Eligibility Roster. Motion carried unanimously. 5. Chief Koering presented the annual report, which was presented in a new format, available online here: https://www.stlouispark.org/home/showdocument?id=15777. Commissioners expressed their pride and enthusiasm in being associated with such a well- regarded department and thanked the Chief for his report and continued leade rship. 6. The Commission adjourned at 9:52 a.m. Ali Timpone Ali Timpone , HR manager/city staff liaison Meeting: City council Meeting date: April 5, 2021 Consent agenda item: 4i Official minutes Fire civil service commission October 30, 2020 | 9:00 am Members present via Webex: Commissioners Bill MacMillan, Stuart Williams and Bob Tift Members absent: None Staff present via Webex: Ali Timpone, HR manager/staff liaison; Steve Koering, fire chief; John Wolff, deputy fire chief; Jacob Bolinger, union president; and Scott Heddle, IT technician 1. The meeting was called to order at 9:00 am by Commissioner Williams. 2. Minutes of the February 18, 2020 Fire Civil Service meeting were approved as presented. 3. Deputy Chief Wolff presented the recommended promotional process for the position of fire lieutenant. There are currently no vacancies for this position, but the list will stand for two years. There are no changes recommended from the previous process. The union was supportive of the process. A motion was made by Commissioner Tift, seconded by Commissioner MacMillan to approve the fire lieutenant promotional process as presented. Motion carried unanimously. 4. Chief Koering talked about the move from a combination fire department to an all-career (full-time) model, effective today. This move resulted in three new full-time firefighters being hired. 5. Deputy Chief Wolff updated the commission on the department’s efforts to advance racial equity. The fire department is joining forces with other metro cities to explore options for creating a pathway into the profession for nontraditional candidates. More work will be done in this area in the future and the commission will be updated on progress. 6. The Commission adjourned at 9:40 a.m. Ali Timpone Ali Timpone , HR manager/city staff liaison Meeting: City council Meeting date: April 5, 2021 Consent agenda item: 4j Official minutes Planning commission February 24, 2021 – 6:00 p.m. Council Chambers Members present: Imran Dagane, Matt Eckholm, Courtney Erwin, Jessica Kraft, Tom Weber Members absent: Jim Beneke Staff present: Jacquelyn Kramer, Gary Morrison, Sean Walther 1. Call to Order – Roll Call 2. Approval of Minutes of Jan. 20, 2021 Commissioner Kraft made a motion to approve the minutes. Commissioner Erwin seconded the motion, and the motion passed on a vote of 5-0. 3. Public Hearings 3a . Nordic Ware Building 9 expansion amendment to the special permit and zoning ordinance text amendment Applicant: Dahlquist Properties Case No: 21-01-SP, 21-02-ZA Ms. Kramer presented the staff report. She noted the proposed changes require an amendment to an existing special permit and a text amendment to the zoning ordinance . She added the project meets all other ordinance requirements. Ms. Kramer stated the applicant held a virtual neighborhood meeting February 11 and staff recommends approval of the amendment to the special permit and zoning text amendment subject to conditions recommended by staff. Chair Eckholm opened the public hearing. There were no callers on the line . The applicant, David Dahlquist, CEO, Nordic Ware made comments. He noted their business is growing and they want to expand their location to accommodate increased business. Mr. Dahlquist added they want to also accommodate the coming light rail users with their café concept . Commissioner Weber asked related to the café if this will be operated by Nordic Ware or if a 3rd party will run it. Mr. Dahlquist stated they are still determining that, but their intent would be to use a St. Louis Park 3rd person who runs a bakery. City council meeting of March 15, 2021 (Item No. 4i) Page 2 Title: Planning commission meeting minutes January 20, 2021 Chair Eckholm asked about the interior of the café and if they would use it as a Nordic Ware museum. Mr. Dahlquist stated this is a good thought they would consider, possibly with photographs. The Chair closed the public hearing. Commissioner Weber stated he is glad an industrial zoned company along a highly used bike trail and light rail is turning itself outward to open to the community. He is grateful to Nordic Ware for that. He suggested to staff that in the f uture the commission may want to consider changes to the IG zoning district to allow these types of uses, instead of amending the code every time a project like this comes up like this . Chair Eckholm stated Nordic Ware is being a great neighbor to the light rail and living up to the city’s expectations. He stated employment near transit is important. He added he wants Nordic Ware to stick around and he is excited to use the bike trail in this area, noting it is an excellent use of the space. He also noted the use of solar energy on the site and appreciates this as well. Chair Eckholm stated Nordic Ware will be expanding, but they also looked to this project as a way to interact with the community. He added other industrial businesses near transit could emulate this example. Commissioner Erwin made a motion, and Commissioner Weber seconded, recommending approval of the amendment for the special permit for building 9 expansion and zoning ordinance text amendment. The motion passed on a vote of 5-0. 4. Other Business 4a. Sign zoning code amendments Applicant: Audrey Janzen, Operations Director Case No: 20-30-ZA Mr. Morrison, assistant zoning administrator, presented. He noted this item was tabled since the January discussion and being brought back for discussion again this evening. He stated the planning commission conducted a public hearing on this topic on Jan. 20, 2021 and no comments were received. Staff’s recommendation is to deny the application to amend the zoning ordinance to allow rooftop signage. Chair Eckholm stated that limiting this to PUDs narrowly limits this type of signage to buildings in this area, and the design of rooftop screening structure is under the direction of properties developed in conjunction with the city’s PUD ordinance . He stated he is more comfortable with this version than the previous version. City council meeting of March 15, 2021 (Item No. 4i) Page 3 Title: Planning commission meeting minutes January 20, 2021 Commissioner Erwin asked if illuminat ion of signs and size of signs is covered in the city code or does that need to be addressed in a separate point. Mr. Morrison stated it is covered and it does not need to be addressed in this amendment. Commissioner Weber asked if there is anywhere in the code that requires annual or regular inspections to be sure it can support the sign over time . Mr. Morrison stated there is nothing in the zoning ordinance that requires annual inspections for any structures. Commissioner Weber asked with the amendment proposed today, does staff see where firefighting or wind damage concerns are still a concern . Mr. Morrison stated the advantage of requiring it to be submitted with a PUD approval is that the rooftop structure is reviewed for safety by all departments including fire and building and energy. That way the structure can be designed to accommodate fire and building concerns . Commissioner Kraft stated this is a good compromise and the language is specific on which situations are allowed . She wondered if there might be variance requests in the future and what the city’s response might be, or if further discussions would then be needed. Chair Eckh olm stated the PUD Is a nice hedge and the implication is that the city participated in the design of the structure for safety and aesthetics . The PUD provides more review authority than simply allowing the rooftop screening signs as a regular building permit or a variance. Commissioner Weber thanked city staff and the applicant for this work. Commissioner Weber made a motion, and Commissioner Kraft seconded, to recommend approval of the ordinance as presented today. 5. Communications Mr. Walther stated the city manager and deputy city manager have both announced their retirements. The city council is working on a search to hire a new city manager, and Mr. Harmening will stay until there is a replacement, but not beyond August 1. He added applications for boards and commissions close Feb ruary 28. Also, the council approved the first reading of outdoor seating for the general industrial district and it proceed to the 2nd reading and adoption. He noted SLP Living on Highways 169 and 394 requested an extension and city council has not yet considered the matter. The next meeting of the Planning Commission is March 3, with a full agenda and three public hearings. City council meeting of March 15, 2021 (Item No. 4i) Page 4 Title: Planning commission meeting minutes January 20, 2021 He noted a study session would immediately follow the regular meeting. The subject of the meeting is a transit -oriented development zoning district. 6. Adjournment The meeting was adjourned at 6:55p.m. Study session The study session commenced at 6:56 p.m. 1. Transit oriented development zoning district Mr. Walther presented the proposed approach to TOD zoning around the future LRT station area. He noted the new zoning of the area and redrawing of this district within the city. He spoke about the 2040 comprehensive plan goals and plan strategies for TOD land uses. Commission Weber asked if the commission will be looking at the language of TOD zoning, or going through the land parcels and rezoning. Mr. Walther stated the proposed approach would rezone the land near LRT stations to a newly created TOD zoning district . Chair Eckholm asked if this will look like Texa Tonka or Historic Walker Lake District areas, that feels walkable from the train station into the areas of the zoning district. Mr. Walther stated we would be adopting codes that better align with the station area planning that has been done previously, so the process isn’t starting from scratch. This will be looking more at the code and review process and setting the minimum expectations through zoning regulations. Chair Eckholm stated there is an area that is close to the Blake Station in Hopkins and asked if there is a coordinated effort here. Mr. Walther stated plans would be shared with surrounding jurisdictions . He stated the boundaries with the West Lake and Blake Road stations do not overlap as much as the stations within St. Louis Park . That coordination was built into the SWLRT and 2040 comprehensive plan processes. Commissioner Kraft asked how this more general zoning district is created but also more specific for the goals of each of the stations . Chair Eckholm asked also how closely the city will adhere to on the visions for each station and how this might be reconciled. Mr. Walther stated this will be part of the conversation and how committed the commission and city is to all these elements. He added these items may need to be recalibrated based on current citywide priorities and goals. Commissioner Weber stated he would like also to have a conversation about industrial zones along the stations that cannot change but might be made more accessible and provide additional opportunities. He stated there may be parcels still zoned industrial, but City council meeting of March 15, 2021 (Item No. 4i) Page 5 Title: Planning commission meeting minutes January 20, 2021 what changes can be made to make them more accessible to the community. He also noted the old Sam’s Club, which could also be another opportunity. Chair Eckholm added he would like to see if there is any well integrated form-based code in industrial areas, to allow for other bu ildings and businesses to come into the area, as new uses come in. Mr. Walther stated the previous plans touch on some of the items the commissioners are asking for. Mr. Walther noted in the agenda there are some links to the station area plans and maps for the commissio n to review. The meeting was adjourned at 7:24 p.m. Meeting: City council Meeting date: April 5, 2021 Action agenda item: 5a Executive summary Title: Appointment of youth representatives to boards and commissions Recommended action: Motion to appoint Li Livdahl to the Human Rights Commission and Tobias Khabie to the Police Advisory Commission as voting youth representatives with terms ending on August 31, 2021. Policy consideration: Does the city council wish to appoint Li Livdahl to serve on the Human Rights Commission and Tobias Khabie to serve on the Police Advisory Commission as youth representatives? Summary: Youth members are appointed annually to one-year terms. Last fall, councilmembers Kraft, Rog and Mohamed interviewed eight youth candidates and provided the recommendations to appoint Li Livdahl as a non-voting youth member to the Human Rights Commission and engage Tobias Khabie to participate on the Police Advisory Commission. On January 19, 2021, the city council passed an ordinance establishing a second voting youth member on certain boards and commissions including the Human Rights Commission and the Police Advisory Commission. If appointed Li Livdahl and Tobias Khabie would become the second voting youth members on the HRC and PAC respectively. Both youth members are impressive students who have dedicated their time to serve in their community. Financial or budget considerations: Not applicable. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Not applicable. Prepared by: Maria Solano, senior management analyst Approved by: Tom Harmening, city manager Meeting: City council Meeting date: April 5, 2021 Public hearing: 6a Executive summary Title: Public hearing – e stablishment of the Texa Tonka Tax Increment Financing District Recommended action: Mayor to open public hearing, take testimony, and then close the public hearing. Motion to adopt Resolution approving the establishment of the Texa Tonka Tax Increment Financing District (a housing district). (The EDA will have considered establishment of the Texa Tonka TIF District and the related Redevelopment Contract earlier in the evening.) Policy consideration: Does the city council wish to support the establishment of a housing tax increment financing district to facilitate construction the proposed Texa Tonka Apartments development? Summary: A staff report regarding Paster Development’s (“Redeveloper”) application for tax increment financing (TIF) assistance in connection with its proposed Texa Tonka Apartments project was provided at the January 11, 2021 study session. As stated in the report, constructing the 112-unit multi-family housing development is not financially feasible but for the use of the proposed tax increment assistance for which there was consensus support. It is now time to take the final steps in the TIF process which is to formally authorize the establishment of the housing TIF district. Such authorizations enable the EDA to designate tax increment generated from the Texa Tonka Apartments project as partial reimbursement for certain qualified Public Redevelopment Costs incurred in connection with the construction of the project to make it financially feasible. Financial or budget considerations: Authorizing the establishment of the Texa Tonka TIF District does not commit the city to any specific level of financial assistance for the proposed project. Procedurally, it simply creates the funding vehicle to reimburse the Redeveloper for a portion of its qualified Public Redevelopment Costs. The terms and amount of TIF assistance are specified within the Redevelopment Contract with Paster Development (“Texa Tonka Apartments, LLC”) which is also scheduled for consideration by the EDA April 5, 2021. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion Resolution – TIF District TIF District Overview (provided in the related EDA staff report) Prepared by: Greg Hunt, economic development coordinator Reviewed by: Karen Barton, community development director Approved by: Tom Harmening, city manager/EDA executive director City council meeting of April 5, 2021 (Item No. 6a) Page 2 Title: Public hearing – establishment of the Texa Tonka Tax Increment Financing District Discussion Background: Paster Development is proposing to redevelop a 1.9-acre site consisting of nine adjoining parcels located at the northeast corner of Texas Avenue and Minnetonka Boulevard. The Redeveloper plans to remove the vacant 4,500 square foot office building at the intersection along with the vacant parking lot to the north, and construct a 101-unit, three to five -story apartment building on the northeast corner of Texas Avenue and Minnetonka Boulevard, and an 11-unit, two-story townhouse building south of 29th Stree t West. The proposed 112-unit apartment/townhouse development would be mixed-income with 89 units (80 percent) leasable at market rate and 23 units (20 percent) affordable to households at 50 percent of area median income (AMI). Redeveloper’s request for public financing assistance and TIF Application review: The Redeveloper previously indicated that Texa Tonka Apartments’ financial proforma exhibited a gap preventing it from achieving a market rate of return sufficient to attract financing. To offset this gap, the Redeveloper applied to the EDA for tax increment financing (TIF) assistance. Ehlers, the EDA’s financial consultant, examined the project’s pro forma to determine what, if any, level of financial assistance was necessary for the project to become financially feasible. After review, Ehlers determined that up to $2.6 million in TIF assistance is warranted to enable the project to proceed. Such assistance would be provided via a pay-as-you-go TIF Note and would derive from the establishment of a new housing TIF district. The EDA/city council received a staff report detailing the Redeveloper’s TIF Application at the January 11, 2021 study session along with the recommendation for the level of assistance for which there was consensus support. TIF District Overview and Plan: The attached Tax Increment Financing District Overview summarizes the basic elements of the proposed Texa Tonka TIF District (a housing district). Additional details of the proposed TIF District may be found in the larger Texa Tonka TIF District Plan (available by contacting the Community Development Departme nt). Both the Overview and TIF Plan were prepared by Ehlers. In a general sense, TIF Plans may be viewed as enabling legislation. They establish the proposed TIF district’s classification, geographic boundaries, maximum duration, maximum budget authority for tax increment revenues and expenditures, fiscal disparities election as well as estimated impact on various taxing jurisdictions along with findings which statutorily qualify the district. The specific mutual obligations between the EDA and the Redeveloper as well as the specific terms of the financial assistance are contained in the separate Redevelopment Contract between the parties. Both the TIF Plan and the Redevelopment Contract need to be approved for redevelopment projects requiring tax increment to proceed. Synopsis of the proposed Texa Tonka TIF District: In order to provide the Redeveloper with the proposed tax increment, a new housing TIF district need s to be established. The MN TIF Act requires that proposed TIF districts must be located within a city’s Redevelopment Project Area(s). The boundaries of St. Louis Park’s Redevelopment Project Area No. 1 are coterminous with the municipal boundaries of the city. Given that the Texa Tonka Apartments redevelopment site and the proposed Texa Tonka TIF District are located within the city, the proposed Texa Tonka TIF District is also located within the city’s Redevelopment Project Area No. 1 as required. The location of the proposed Texa Tonka TIF District is shown in the map below. City council meeting of April 5, 2021 (Item No. 6a) Page 3 Title: Public hearing – establishment of the Texa Tonka Tax Increment Financing District Location of proposed Texa Tonka TIF District The entirety of the tax increment to be provided to the Redeveloper would be derived from the subject redevelopment site which constitutes the proposed housing TIF district. Therefore, the proposed TIF district include s the following nine parcels and adjacent roads and internal rights of-way: •7916 Minnetonka Blvd •2939 Texas Ave S •2929 Texas Ave S •2925 Texas Ave S •2921 Texas Ave S •2917 Texas Ave S •2913 Texas Ave S •2907 Texas Ave S •2901 Texas Ave S City council meeting of April 5, 2021 (Item No. 6a) Page 4 Title: Public hearing – establishment of the Texa Tonka Tax Increment Financing District Subject properties within proposed housing TIF district Qualifications of the proposed TIF district: Paster Development is proposing to redevelop nine adjoining parcels (depicted above) located at the northeast corner of Texas Avenue and Minnetonka Boulevard. The Redeveloper plans to remov e the vacant 4,500 square foot office building at the intersection along with the vacant parking lot to the north, and construct a 101- unit, three to five -story apartment building on the northeast corner of Texas Avenue and Minnetonka Boulevard, and an 11-unit, two-story townhouse building south of 29th Street West. The proposed 112-unit apartment/townhouse development would be mixed income with 89 units (80 percent) leasable at market rate and 23 units (20 percent) affordable to households at 50 percent of area median income (AMI). The proposed amount of affordable housing exceeds the city’s inclusionary housing requirements. To qualify as a housing TIF district, the MN TIF Act requires that at least 20 pe rcent of the proposed units within a housing development must be affordable to households at or below 50 percent of AMI or 40 percent of the proposed units must be affordable to households at or below 60 percent of AMI. With 23 housing units (20 percent) affordable to households at or below 50 percent of AMI , the proposed Texa Tonka Apartments development qualifies under City council meeting of April 5, 2021 (Item No. 6a) Page 5 Title: Public hearing – establishment of the Texa Tonka Tax Increment Financing District the statute as a housing TIF district. Other findings for the qualification of the proposed TIF district are contained in Appendix C of the TIF Plan. The MN TIF Act also requires cities to determine if a proposed TIF district is in conformance with its city’s Comprehensive Plan. On February 1, 2021, the city council approved an amendment to the 2040 Comprehensive Plan Future Land Use Plan which revised the future land use designation of the subject redevelopment site from commercial and medium density residential to RH - high density residential. The Metropolitan Council subsequently approved that amendment on March 1, 2021. The density of the proposed Texa Tonka Apartments redevelopment meets the requirements for RH – high density residential land use. Therefore, in the proposed TIF district resolution of approval, there is a statement indicating that the city council finds the proposed Texa Tonka TIF District Plan conforms to the general plan for development of the City. Duration of the proposed TIF district: Under the MN TIF Act, the duration of housing districts is up to 25 years after receipt of the first increment by the city (a total of 26 years of tax increment). The first tax increment for this development is expected to be received in 2023. Thus, the full term of the district is estimated to terminate after 2048. The EDA and city have the right to decertify the district prior to the legally required date. The city’s expressed obligations to the Redeveloper, per the terms of the Redevelopment Contract, are estimated to be satisfied in approximately 12 years. Once those obligations are satisfied, the city may terminate the district or elect to retain it to assist other affordable housing projects and programs into the future. TIF district budget: The Texa Tonka TIF District Plan authorizes the use of tax increment funds generated by the new housing TIF district to reimburse the Redeveloper for qualified Public Redevelopment Costs incurred in connection with the construction of the Texa Tonka Apartments. It should be noted that the Sources of Revenue and Uses of Funds within the TIF Plan is a not-to-exceed budget and not the actual expected project budget. Recommendation: The EDA’s financial consultant, Ehlers, prepared the Texa Tonka TIF District Plan in consultation with the EDA’s legal counsel, Kennedy & Graven and staff; all of whom recommend approval of the establishment the Texa Tonka Tax Increment Financing District. Next steps: The redevelopment contract between the EDA and Paster Development which specifies the terms, conditions and amount of TIF assistance related to the proposed Texa Tonka Apartments project is also scheduled for consideration by the EDA on April 5, 2021. City council meeting of April 5, 2021 (Item No. 6a) Page 6 Title: Public hearing – establishment of the Texa Tonka Tax Increment Financing District Resolution No. 21 - ____ Resolution approving a modification to the development program for Redevelopment Project No. 1, the establishment of Texa Tonka Tax Increment Financing District; and the adoption of a Tax Increment Financing Plan for the TIF District. Whereas, the City of St. Louis Park, Minnesota (the “City”) and the St. Louis Park Economic Development Authority (the “Authority”) have previously established Redevelopment Project No. 1 (the “Redevelopment Project”) within the City, pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended, and Minnesota Statutes, Sections 469.090 through 469.1081, as amended (together, the “Act”); and Whereas, the City and the Authority have proposed to approve a modification to the Development Program (the “Program Modification”) for the Redevelopment Project and a tax increment financing plan (the “TIF Plan”) for the establishment of Texa Tonka Tax Increment Financing District (the “TIF District”), a housing district, within the Redevelopment Project, pursuant to Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the “TIF Act”), as described in a plan document presented to the City Council of the City (the “City Council”) on the date hereof; and Whereas, pursuant to Section 469.175, subdivision 2 of the TIF Act, the proposed Program Modification and TIF Plan and the estimates of the fiscal and economic implications of the TIF Plan were presented to the Board of Education of Independent School District No. 283 (St. Louis Park Public Schools) and to the Board of Commissioners of Hennepin County, Minnesota (the “County”) at least 30 days prior to the date of publication of the notice of public hearing on establishment of the TIF District; and Whereas, the City Council has reviewed the contents of the Program Modification and TIF Plan and on this date conducted a duly noticed public hearing on these documents, at which the views of all interested parties were heard. Now, therefore, be it resolved as follows: S ection 1. Findings for the Program Modification for the Redevelopment Project. (a)It is hereby found and determined that within the Redevelopment Project there exist conditions of obsolescence, underutilization, and inappropriate use of land constituting blight within the meaning of the Act. (b)It is further specifically found and determined that (i) the land within the Redevelopment Project would not be made available for redevelopment without the public intervention and financial assistance described in the Program Modification; (ii) the Program Modification will afford maximum opp ortunity, consistent with the sound needs of the City as a City council meeting of April 5, 2021 (Item No. 6a) Page 7 Title: Public hearing – establishment of the Texa Tonka Tax Increment Financing District whole, for the redevelopment of the Redevelopment Project by private enterprise; and (iii) the Program Modification conforms to the general plan for the development of the City as a whole. Section 2. Findings for the Establishment of the TIF District. (a) It is found and determined that it is necessary and desirable for the sound and orderly development of the Redevelopment Project, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the City to provide financial assistance to the TIF District and the Redevelopment Project. (b) It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the TIF Plan could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value expected to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan. (c) The proposed public improvements to be financed in part through tax increment financing are necessary to permit the City to realize the full potential of the TIF District and the Redevelopment Project in terms of housing density and diversity and increased tax base. (d) The TIF Plan conforms to the general plan for development of the City as a whole, as the development has gone through extensive planning and zoning approvals and a Planned Unit Development for the development has bee n approved by ordinance. (e) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the TIF District and the Redevelopment Project by private enterprise because it will enable the construction of diverse housing options, result in additional availability of affordable housing units, and eliminate blight and blighting factors within the Project and City. (f) The TIF District is a housing district under Section 469.174, subdivision 11 of the TIF Act. (g) Background information and facts supporting all the above findings are set forth in Appendix C of the TIF Plan, and are incorporated herein by reference. The City Council has also relie d upon reports and recommendations of its staff and consultants, as well as the personal knowledge of members of the City Council, in reaching its conclusions regarding the TIF Plan. Section 3. Public Purpose. The adoption of the TIF Plan conforms in all respects to the requirements of the Act. The TIF Plan will help facilitate development that will create diverse housing opportunities and increase the number and availability of affordable housing units in the City , eliminate blighting factors, and improve the tax base. The City expressly finds that any private benefit to be received by a private developer is incidental, as the tax increment assistance is provided solely to make the development financially feasible and thus produce the City council meeting of April 5, 2021 (Item No. 6a) Page 8 Title: Public hearing – establishment of the Texa Tonka Tax Increment Financing District public benefits described. Therefore, the City finds that the public benefits of the TIF Plan exceed any private benefits. Section 4. Approvals; Further Proceedings. (a) The TIF Plan for the TIF District is hereby approved and adopted in substantially the form on file at City Hall. (b) The City Council authorizes and directs the Authority to file a request for certification of the TIF District with the Taxpayer Division Services Manager of the County and to file a copy of TIF Plan with the Minnesota Commissioner of Revenue and the Office of the State Auditor as required by the TIF Act. (c) The Taxpayer Division Services Manager of the County is requested to certify the original net tax capacity of the TIF District, as described in the TIF Plan. (d) City staff, advisors, and legal counsel are authorized and directed to proceed with the implementation of the TIF Plan and to negotiate, draft, prepare, and present to the City Council for its consideration all further plans, resolutions, documents, and contracts necessary for this purpose. Reviewed for administration: Adopted by the City Council April 5, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: April 5, 2021 Public hearing: 6b Executive summary Title: Public hearing for Nordic Ware Building 9 easement vacation Recommended action: Mayor to open the public hearing, take testimony, and then close the public hearing. The recommended action to vacate the portion of easements is included later in the meeting under agenda item 8b. Policy consideration: Are the portions of storm sewer easement, forced main sewer easement and drainage and utility easement needed for public purposes? Summary: Dalquist Properties, the owner of the Nordic Ware campus at 5005 Highway 7 requests a vacation of a portion of storm sewer easement, force main sewer easement and drainage and utility easement. Dalquist Properties is the only property owner adjacent to the easement. This request is associated with applications to amend a special permit on the site and a zoning text amendment in order to allow the construction of a building addition, small café, and surface parking lot. For more context about the project, as well as the proposed ordinance and action to vacate the portion of easement, please refer to item 8b on tonight’s city council agenda. As part of the project, new easement will be dedicated over the existing storm water main that runs east-west through the project site . Once the new easement is dedicated over this main, there will be no public purpose to retaining the easements the applicant requests that the city vacate. City staff support the vacation request. Financial or budget considerations: None Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Easement vacation exhibits A & B, new easement exhibit Prepared by: Jacquelyn Kramer, associate planner Reviewed by: Sean Walther, planning and zoning spv; Karen Baron, community development dir Approve d by: Tom Harmening, city manager Project area Nordic Ware campus City council meeting of April 5, 2021 (Item No. 6b) Page 2 Title: Public hearing for Nordic Ware Building 9 easement vacation Exhibit A: storm sewer and forced main sewer easement vacation City council meeting of April 5, 2021 (Item No. 6b) Page 3 Title: Public hearing for Nordic Ware Building 9 easement vacation Exhibit B: drainage and utility easement vacation City council meeting of April 5, 2021 (Item No. 6b) Page 4 Title: Public hearing for Nordic Ware Building 9 easement vacation New exhibit legal description City council meeting of April 5, 2021 (Item No. 6b) Page 5 Title: Public hearing for Nordic Ware Building 9 easement vacation New easement exhibit Meeting: City council Meeting date: April 5, 2021 Public hearing: 6c Executive summary Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC Recommended action: Hear a presentation by Brian Grogan, attorney at law, Moss & Barnett. Mayor then opens the public hearing, solicits comments and close s the public hearing. Motion to approve first reading of ordinance granting a cable television franchise to Comcast of Minnesota, LLC and set second reading for April, 19, 2021. Policy consideration: The city’s cable franchise attorney, city staff and Comcast representatives have reached agreement on a new 10-year cable television franchise , pending council approval. Summary: The city’s current franchise agreement with Comcast expired in January 2021; under the terms of the franchise and applicable law Comcast has continuing authority to provide cable service in the city until a new franchise agreement is approved. Upon receipt of Comcast’s request to renew its cable franchise in the city, the city notified Comcast of its intent to conduct informal renewal negotiations in accordance with the federal Cable Act. Following an assessment of Comcast’s past performance and an assessment by the city of future cable- related needs and interests, the city began ne gotiations with Comcast on a new franchise and has reached agreement, pending council approval. Financial or budget considerations: The final franchise agreement determines the franchise fee based on a percentage of gross revenues from cable service, and also includes capital funding for public-educational-government (PEG) channels, to be received by the city over the new 10- year franchise term. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: • Discussion • Draft ordinance • March 22, 2021, council study session report • September 14, 2020, council study session report • October 28, 2019, council study session report Prepared by: Jacque Smith, communications and marketing manager Reviewed by: Clint Pires, chief information officer Brian Grogan, attorney at law, Moss & Barnett Approve d by: Tom Harmening, city manager City council meeting of April 5, 2021 (Item No. 6c) Page 2 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC Discussion Background: The city’s current franchise agreement with Comcast expired in January 2021. The terms of the current franchise continue to apply under state and federal law until a new franchise agreement is approved. Following an assessment of Comcast’s past performance and a city needs assessment, the city and Comcast began negotiation of a new franchise and have reached agreement, pending council approval. Present considerations: Below are the highlights of the proposed 10-year franchise agreement: • Franchise fee (Sec. 16.1): The city will continue to receive quarterly payments of 5% of grantee’s quarterly gross revenues from the provision of cable services in the city . • PEG fee (Sec. 7.12): The city will receive quarterly PEG fees of 2% of the grantee’s quarterly gross revenues, to be used by the city to fund PEG expenses. This differs from the current franchise, which provided defined payments to the city at three intervals throughout the franchise. • Free cable service to buildings (Sec. 6.5): Basic cable service is provided free of charge for schools and city buildings shown in Exhibit A. If laws change to allow the grantee to charge the city for complimentary services , written notice by the grantee is required and the city can suspend certain services before invoicing starts . (See FCC 621 Order update) • HD PEG channels (Sec. 7.2): The proposed franchise allows for the addition of two HD (high definition) PEG (public-education-government) channe ls in exchange for giving up two SD (standard definition) PEG channels. • Customer service (Sec. 14): The proposed franchise includes extensive customer service policies and requirements. FCC 621 Order update In 2019, the Federal Communications Commission (FCC) issued an Order known as the “621 Order” which took effect with the potential to significantly reduce franchise fee and public, educational and government (PEG) fee revenue received by cities from cable operators. In response , a petition for review was filed in federal court (Sixth Circuit Court of Appeals) seeking review of the 621 Order on the grounds that it is arbitrary and capricious, violates federal law and is otherwise contrary to the law. Oral arguments were scheduled for April 2021. Most recently, the Court denied an FCC motion from early March 2021 requesting that the Court postpone oral arguments. Oral arguments will proceed as scheduled. To date the city’s franchise payments have not been affected by the 621 Order, nor has the city been contacted by the current grantee regarding any expected changes. Brian Grogan, attorney at law, Moss & Barnett, will continue to keep city staff updated on this matter. Next steps: The franchise ordinance is scheduled for a second reading before the city council April 19, 2021. City council meeting of April 5, 2021 (Item No. 6c) Page 3 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC Ordinance No. 21-___ An ordinance renewing the grant of a franchise to Comcast of Minnesota, LLC to operate and maintain a cable system in the City of S t. Louis P ark, Minnesota; setting forth conditions accompanying the grant of a franchise; providing for city regulation and administration of the cable system; terminating the prior franchise Whereas, the City of St. Louis Park, Minnesota (“City”), pursuant to applicable federal and state law, is authorized to grant one (1) or more nonexclusive cable television franchises to construct, operate, maintain and reconstruct cable television systems within the City limits. Whereas, Comcast of Minnesota, LLC (“Grantee”) has operated a Cable System in the City, under a cable television franchise granted pursuant to a Cable Television Franchise Ordinance approved on or about February 3, 2006. Whereas, negotiations between Grantee and the City have been completed and the franchise renewal process followed in accordance with Minnesota Statutes Chapter 238 and the Cable Act (47 U.S.C. §546). Whereas, the City has determined that it is in the best interest of the City and its residents to renew the cable television franchise with Grantee. Whereas, the Franchise granted to Grantee by the City is nonexclusive and complies with existing applicable Minnesota Statutes, federal laws and regulations. The City of St. Louis Park does ordain that a franchise is hereby granted to Comcast of Minnesota, LLC to operate and maintain a Cable System in the City upon the following terms and conditions: SECTION 1 Definitions For the purpose of this Franchise, the following, terms, phrases, words, derivations and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. The word “may” is directory and discretionary and not mandatory. 1.1 “Affiliate” means any Person controlling, controlled by or under common control of Grantee. 1.2 “Applicable Law(s)” means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or City council meeting of April 5, 2021 (Item No. 6c) Page 4 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC other order issued, executed, entered or deemed applicable by any governmental authority of competent jurisdiction. 1.3 “Basic Cable Service” means any service tier which includes the lawful retransmission of local television broadcast, as set forth in Applicable Law, currently 47 U.S.C. § 522(3). 1.4 “Cable Act” means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time. 1.5 “Cable Service” means (a) the one-way transmission to Subscribers of (i) Video Programming or (ii) other programming service, and b) Subscriber interaction, if any, which is required for the selection or use of such Video Programming or other programming service, as set forth in Applicable Law, currently 47 U.S.C. § 522(6). For the purposes of this definition, “other programming service” means information that a cable operator makes available to all Subscribers generally. 1.6 “Cable System” or “System” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community, but such term does not include: (a) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (b) a facility th at serves Subscribers without using any Right-of-Ways; (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on -demand services; (d) an open video system that complies with 47 U.S.C. § 573; or (e) any facilities of any electric utility used solely for operating its electric utility system. Unless otherwise specified, it shall in this document refer to the Cable System constructed and operated in the City under this Franchise. 1.7 “Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel as defined by the FCC by regulation, as set forth in Applicable Law, currently 47 U.S.C. § 522(4). 1.8 “City” means the City of St. Louis Park, a municipal corporation in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee . City council meeting of April 5, 2021 (Item No. 6c) Page 5 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC 1.9 “City Code” means the Municipal Code of the City of St. Louis Park, Minnesota, as may be amended from time to time. 1.10 “Converter” means an electronic device, including Digital Transport Adapters, which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate Channel se lector also permits a Subscriber to view all Cable Service signals. 1.11 “City Council” means the governing body of the City of St. Louis Park, Minnesota. 1.12 “Day” means a calendar day, unless otherwise specified. 1.13 “Drop” means the cable that connects the Subscribe r terminal to the nearest feeder cable of the cable. 1.14 “Effective Date” means May 14, 2021. 1.15 “FCC” means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. 1.16 “Franchise” means the right granted by this Franchise Ordinance and the regulatory and contractual relationship established hereby. 1.17 “Franchise Area” means the entire geographic area within the City as it is now constituted or may in the future be constituted. 1.18 “Franchise Fee” means the fee assessed by the City to Grantee, in consideration of Grantee’s right to operate the Cable System within the City’s Right-of-Ways, determined in amount as a percentage of Grantee’s Gross Revenues and limited to the maximum percentage allowed for such assessment by federal law. The term Franchise Fee does not include the exceptions noted in 47 U.S.C. §542(g)(2)(A -E). 1.19 “GAAP” means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). 1.20 “Gross Revenues” means and shall be construed broadly to include all revenues derived directly or indirectly by Grantee and/or an Affiliated entity that is the cable operator of the Cable System, from the operation of Grantee’s Cable System to provide Cable Services within the City. Gross Revenues include, by way of illustration and not limitation: (a) monthly fees for Cable Services, regardless of whether such Cable Services are provided to residential or commercial customers, including revenues derived from the provision of all Cable Services (including but not limited to pay or premium Cable Services, pay-per-view, pay -per-event, and video-on-demand Cable Services); (b) fees paid to Grantee for Channels designated for commercial/leased access use and shall be allocated on a pro rata basis using total Cable Service Subscribers within the City; City council meeting of April 5, 2021 (Item No. 6c) Page 6 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC (c) Converter, digital video recorder, remote control, and other Cable Service equipment rentals, leases, or sales; (d) installation, disconnection, reconnection, change-in service, “snow -bird” fees; (e) Advertising Revenues as defined herein; (f) late fees, convenience fees, and administrative fees; (g) other service fees such as HD fees, convenience fees, broadcast fees, regional sports fees, home tech support fees, bill payment fees for in-person or phone payments, additional outlet fees, and related charges relating to the provisions of Cable Service; (h) revenues from program guides and electronic guide s; (i) Franchise Fees; (j) FCC regulatory fees; (k) except as provided in subsection (ii) below, any fee, tax or other charge assessed against Grantee by municipality, which Grantee chooses to pass through and collect from its Subscribers; and (l) commissions from home shopping channels and other Cable Service revenue sharing arrangements, which shall be allocated on a pro rata basis using total Cable Service Subscribers within the City. (i) “Advertising Revenues” shall mean revenues derived from sales of advertising that are made available to Grantee’s Cable System Subscribers within the City and shall be allocated on a pro rata basis using total Cable Service Subscribers reached by the advertising. Additionally, Grantee agrees that Gross Revenues subject to Franchise Fees shall include all commissions, representative fees, Affiliated entity fees, or rebates paid to National Cable Communications and Comcast Spotlight or their successors associated with sales of advertising on the Cable System within the City allocated accordin g to this paragraph using total Cable Service Subscribers reached by the advertising. (ii) “Gross Revenues” shall not include: 1. actual bad debt write -offs, except any portion which is subsequently collected, which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total Subscriber revenues within the City; 2. Public, Education and Government (PEG) Fees; and 3. unaffiliated third -party advertising sales agency fees which are reflected as a deduction from revenues. City council meeting of April 5, 2021 (Item No. 6c) Page 7 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC Grantee shall allocate fees and revenues generated from bundled packages and services to cable revenues pro rata based on current published rate card for the packaged services delivered on a stand-alone basis as follows: (i) To the extent revenues are received by Grantee for the provision of a discounted bundle of services which includes Cable Services and non-Cable Services, Grantee shall calculate revenues to be included in Gross Revenues using a GAAP methodology that allocates revenue, on a pro rata basis when comparing the bundled service price and its components to the sum of the published rate card, except as required by specific federal, state or local law (for example, it is expressly understood that equipment may be subject to inclusion in the bundled price at full rate card value). The City reserves its right to review and to challenge Grantee’s calculations. (ii) Grantee reserves the right to change the allocation methodologies set forth in this section in order to meet the standards required by governing accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Grantee will explain and document the required changes to the City upon request or as part of any audit or review of Franchise Fee payments, and any such changes shall be subject to the next subsection below. (iii) Resolution of any disputes over the classification of revenue should first be attempted by agreement of the parties, but should no resolution be reached, the parties agree that reference shall be made to GAAP as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Notwithstanding the foregoing, the City reserves its right to challenge Grantee’s calculation of Gross Revenues, including the interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the SEC. 1.21 “Normal Business Hours” means those hours during which most similar businesses in the City are open to serve customers. In all cases, “Normal Business Hours” must include some evening hours, at least one (1) night per week and/or some weekend hours. 1.22 “Normal Operating Conditions” means those Service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. 1.23 “PEG” means public, education and government. City council meeting of April 5, 2021 (Item No. 6c) Page 8 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC 1.24 “Person” means any natural person and all domestic and foreign corporations, closely- held corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, common law trusts, societies and/or any other legal entity. 1.25 “Public Right-of-Way or Right -of-Way” means the area on, below, or above a public roadway, alleyway, highway, street, cartway, bicycle lane or public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. A Right-of-Way does not include the airwaves above a Right-of-Way with regard to cellular or other nonwire telecommunications or broadcast service. 1.26 “Subscriber” means a Person who lawfully receives Cable Service. 1.27 “Video Programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. 1.28 “Wireline MVPD” means any entity, including the City, that utilizes the Right-of-Ways to install cable or fiber and is engaged in the business of making available for purchase, by Subscribers, multiple Channels of Video Programming in the City, which could also include the City. For purposes of this Franchise, the term “Wireline MVPD” shall not be limited to entities defined by the FCC as “multichannel video programming distributors” and shall include entities that provide multiple Channels of Video Programming via open video systems, as defined by the FCC, but it is the intent of the Grantee and the City that the term Wireline MVPD shall not include small cell providers, unless the City has the legal authority under Applicable Law to regulate or to impose cable franchise obligations upon such small cell providers. SECTION 2 Franchise 2.1 Grant of Franchise. The City hereby authorizes Grantee to occupy or use the City’s Right -of-Ways subject to: 1) the provisions of this non-exclusive Franchise to provide Cable Service within the City; and 2) all applicable provisions of the City Code. Unless this Franchise has expired pursuant to Section 2.8 herein or this Franchise is otherwise terminated pursuant to Section 11.2 herein, said Franchise shall constitute both a right and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (1) providing services other than Cable Services to the extent not prohibited by Applicable Law; or (2) challenging any exercise of the City’s legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate. 2.2 Reservation of Authority. The Grantee specifically agrees to comply with the lawful provisions of the City Code and applicable regulations of the City. Subject to the police power exception below, in the event of a conflict between: A) the lawful provisions of the City Code or applicable regulations of the City; and B) this Franchise, the express provisions of this Franchise shall govern. Subject to express federal and state preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendments to the City Code, ordinances or any regulation of City, except in the lawful exercise of City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees City council meeting of April 5, 2021 (Item No. 6c) Page 9 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC to comply with such lawful modifications to the City Code; however, Grantee reserves all rights it may have to challenge such modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. Nothing in this Franchise shall (A) abrogate the right of the City to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances of general applicability p romulgated by the City, or (C) be construed as a waiver or release of the rights of the City in and to the Right-of-Ways. 2.3 Franchise Term. The term of this Franchise shall be ten (10) years from the Effective Date, unless renewed, amended or extended by mutual written consent in accordance with Section 17.7 or terminated sooner in accordance with this Franchise. 2.4 Franchise Area. This Franchise is granted for the Franchise Area defined herein. Grantee shall extend its Cable System to provide Service to any residential unit in the City in accordance with Section 6.8 herein. 2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a Cable System as it deems appropriate provided, however, such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to Grantee other than as described in Section 17.18. The grant of any additional franchise shall not of itself be deemed to constitute a modification, revocation, or termination of rights previously granted to Grantee. Any additional cable franchise grants shall comply with Minnesota Statutes § 238.08 and any other applicable federal level playing field requirements. 2.6 Periodic Public Review of Franchise. The City may conduct a public review of the Franchise. The purpose of any such review shall be to ensure, with the benefit of full opportunity for public comment that the Grantee continues to effectively serve the public in accordance with Applicable Law, and considering any new cable technology, Grantee’s performance with the requirements of this Franchise, local regulatory environment, community needs and interests, and other such factors. So long as Grantee receives reasonable notice, Grantee shall cooperate in good faith. The review shall not operate to modify or change any provision of this Franchise without mutual written consent in accordance with Section 17.7 of this Franchise. The City and Grantee shall each be responsible for their own costs regarding the conduct of, or cooperation with, any such periodic review. 2.7 Transfer of Ownership. (a) A sale or transfer of this Franchise, including a sale or transfer by means of a “fundamental corporate change,” as defined by Minnesota Statutes §238.083 Subd. 1, or the sale or transfer of stock in Grantee so as to create a new “controlling interest,” as defined in Minnesota Statutes §238.083 Subd. 6, in the Cable System, shall require the written approval of the City. Grantee shall submit a written request to the City for approval, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and assets to secure an indebtedness. The written approval of the City shall not be required under this section for internal corporate reorganizations involving Affiliates or pledges of the Franch ise as collateral or security for any loan or other debt instrument. City council meeting of April 5, 2021 (Item No. 6c) Page 10 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC (b) City shall approve or deny in writing the sale or transfer request. City shall set forth in writing with particularity its reason(s) for denying approval. City shall not unreasonably withhold its approval. (c) Any sale or transfer of stock in Grantee so as to create a new controlling interest in the System shall be subject to the requirements of this Section 2.7. The term “controlling interest” as used herein is not limited to majority stock ownership but includes actual working control in whatever manner exercised. In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City. (d) In accordance with Minnesota Statutes § 238.084, Subd. 1(y), the City shall have the right to purchase the System in the event the Franchise or System is proposed to be transferred or sold on the same terms and conditions as the offer pursuant to which transfer notice was provided pursuant to this section. The City shall have thirty (30) Days from receipt of an application for consent under this Section 2.7 in which to give notice of its intention to consider exercising such right. (e) If the City has issued a written notice of franchise violation in accordance with the terms of this Franchise, the transfer may be conditioned upon the transferee agreeing to a mutually acceptable remediation plan. The approval of any transfer of ownership pursuant to this section shall not be deemed to waive any rights of the City to subsequently enforce noncompliance issues relating to this Franchise even if such issues predated the approval, whether known or unknown to the City. 2.8 Expiration. Upon expiration of the Franchise, the City shall have the right at its own election and subject to Grantee’s rights under Section 626 of the Cable Act to: (a) extend the Franchise, though nothing in this provision shall be construed to require such extension; (b) renew the Franchise, in accordance with Applicable Laws; (c) invite additional franchise applications or proposals; (d) terminate the Franchise subject to any rights Grantee has under Section 626 of the Cable Act; or (e) take such other action as the City deems appropriate. 2.9 Right to Require Removal of Property. At the expiration of the term for which this Franchise is granted, provided no renewal is granted, or upon its forfeiture or revocation as provided for herein, the City shall have the right to require Grantee to remove at Grantee’s own expense all or any part of the Cable System from all Right-of -Ways and public ways within the Franchise Area within a reasonable time. If Grantee fails to do so, the City may perform the work and collect the cost thereof from Grantee. However, Grantee shall have no obligation to remove the Cable System where it utilizes the System to provide other non-Cable Services and has any other authority under Applicable Law to maintain facilitates in the Public Rights -of- City council meeting of April 5, 2021 (Item No. 6c) Page 11 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC Way, or where Grantee is able to find a purchaser of the Cable System who holds such authorization. 2.10 Continuity of Service Mandatory. It shall be the right of all Subscribers to receive Cable Service in accordance with the terms of this Franchise and Applicable Law. In the event that Grantee elects to overbuild, rebuild, modify, or sell the System, or the City revokes or fails to renew the Franchise, Grantee shall make its best effort to ensure that all Subscribers receive continuous uninterrupted service, regardless of the circumstances, while the Franchise remains effective. In the event of expiration, revocation/termination, purchase, lease-purchase, condemnation, acquisition, taking over or holding of plant and equipment, sale, lease, or other transfer to any other Person, including any other grantee of a cable franchise, the current Grantee shall cooperate fully to operate the System in accordance with the terms and conditions of this Franchise for a temporary period sufficient in length to maintain continuity of service to all Subscribers. SECTION 3 Operation in Streets and Rights-of-W ay 3.1 Use of Right-of -Ways. (a) Grantee may, subject to the terms of this Franchise and the City Code, erect, install, construct, repair, rep lace, reconstruct and retain in, on, over, under, upon, across and along the Right-of-Ways within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the City. Without limiting the foregoing, Grantee expressly agrees that it will construct, operate and maintain its Cable System in compliance with, and subject to, the requirements of the City Code, including by way of example and not limitation, those requirements governing the placement of Grantee’s Cable System; and with other applicable City Codes, and will obtain, pay for and maintain all permits and bonds required by the City Code in addition to those required in this Franchise. (b) All wires, conduits, cable and other property and facilities of Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon, or other use of the Right-of-Ways of City. Grantee shall keep and maintain all of its property in good condition, order and repair so that the same shall not menace or endanger the life or property of any Person. Consistent with the mapping requirements in Section 4.6 of this Franchise, Grantee shall keep accurate maps and records of all of its wires, conduits, cables and other property and facilities located, constructed and maintained in the City. (c) All wires, conduits, cables and other property and facilities of Grantee, shall be constructed and installed in an orderly and professional manner in accordance with all applicable requirements of the City Code and Applicable Law. All wires, conduits and cables shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. City council meeting of April 5, 2021 (Item No. 6c) Page 12 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC (d) Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right-of-Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. 3.2 Construction or Alteration. Grantee shall in all cases comply with applicable sections of the City Code, City resolutions and City regulations regarding the acquisition of permits and/or such other items as may be reasonably required in order to construct, alter or maintain the Cable System. Grantee shall, upon request, provide information to the City regarding its progress in completing or altering the Cable System. 3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a Cable System so as not to interfere with other uses of Right-of-Ways. Grantee shall, where possible in the case of above ground lines, make use of existing poles and other facilities available to Grantee. When residents receiving underground service or who will be receiving underground service will be affected by proposed construction or alteration, Grantee shall provide such notice as set forth in the permit or in City Code of the same to such affected residents. 3.4 Consistency with Designated Use . Notwithstanding the above grant to use Right-of- Ways, no Right-of-Way shall be used by Grantee if the City, in its sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such Right-of-Way was created or dedicated, or presently used under Applicable Laws. 3.5 Undergrounding. Grantee shall in all cases comply with applicable sections of the City Code, City resolutions and City regulation s when installing facilities underground. (a) Grantee shall place underground all of its transmission lines which are located or are to be located above or within the Right-of-Ways of the City in the following cases: (i) all other existing utilities are required to be placed underground by statute, resolution, policy or other Applicable Law; (ii) Grantee is unable to get pole clearance; (iii) underground easements are obtained from developers of new residential areas; or (iv) utilities are overhead but residents prefer underground (undergrounding provided at cost paid by benefitted residents). (b) If an ordinance is passed which involves placing underground certain utilities including Grantee’s cable plant which is then located overhead, Grantee shall participate in such underground project and shall remove poles, cables and overhead wires if requested to do so and place facilities underground. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. If non-City funds, such as funds from City council meeting of April 5, 2021 (Item No. 6c) Page 13 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC state or federal grant funding, are made available to place electric or telephone lines underground, nothing herein shall prohibit Grantee from participating in such funding. (c) Grantee shall use conduit or its functional equivalent to the greatest extent possible for undergrounding, except for Drops from pedestals to Subscribers’ homes and for cable on other private property where the owner requests that conduit not be used. Cable and conduit shall be utilized which meets the highest industry standards for electronic performance and resistance to interference or damage from environmental factors. Grantee shall use, in conjunction with other utility companies or providers, common trenches for underground construction wherever available. 3.6 Maintenance and Restoration. (a) Re storation. In case of disturbance of any Right-of-Way, public way, paved area or public improvement, Grantee shall, at its own cost and expense and in accordance with the requirements of the City Code restore such Right-of-Way, public way, paved area or public improvement to substantially the same condition as existed before the work involving such disturbance took place. All requirements of this section pertaining to public property shall also apply to the restoration of private easements and other private property. Grantee shall perform all restoration work within a reasonable time and with due regard to seasonal working conditions. If Grantee fails, neglects or refuses to make restorations as required under this section and any applicable City Code provision, then the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee causes any damage to private property in the process of restoring facilities, Grantee shall repair such damage. (b) Maintenance. Grantee shall maintain all above ground improvements that it places on City Right -of-Ways pursuant to the City Code and any permit issued by the City. In order to avoid interference with the City’s ability to maintain the Right-of-Ways, Grantee shall provide such clearance as is required by the City Code and any permit issued by the City. If Grantee fails to comply with this provision, and by its failure, property is damaged, Grantee shall be responsible for all damages caused thereby. (c) Disputes. In any dispute over the adequacy of restoration or maintenance relative to this section, final determination shall be the prerogative of the City, Department of Engineering and consistent with the City Code and any permit issued by the City. 3.7 Work on Private Property. Grantee, with the consent of property owners, shall have the authority, pursuant to the City Code, to trim trees upon and overhanging Right-of-Ways, alleys, sidewalks, and public ways so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the reasonable expense of Grantee. 3.8 Relocation. (a) Public Property. Grantee shall relocate its System and facilities in accordance with the City Code. In addition, if, during the term of the Franchise, the City or any government entity elects or requires a third party to alter, repair, realign, abandon, City council meeting of April 5, 2021 (Item No. 6c) Page 14 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC improve, vacate, reroute or change the grade of any Right -of-Way or other public property; or to construct, maintain or repair any public improvement; or to replace, repair install, maintain, or otherwise alter any cable, wire conduit, pipe, line, pole, wire - holding structure, structure, or other facility, including a facility used for the provision of utility or other services or transportation of drainage, sewage or other liquids, for any public purpose, Grantee shall, upon request, except as otherwise hereinafter provided, at its sole expense remove or relocate as necessary its poles, wires, cables, underground conduits, vaults, pedestals, manholes and any other facilities which it has installed. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. If non -City funds, such as funds from state or federal grant funding, are made available to place electric or telephone lines underground, nothing herein shall prohibit Grantee from participating in such funding. (b) Utilities and Other Franchisees. If, during the term of the Franchise, another entity which holds a franchise or any utility requests Grantee to remove or relocate such facilities to accommodate the construction, maintenance or repair of the requesting party’s facilities, or their more efficient use, or to “mak e ready” the requesting party’s facilities for use by others, or because Grantee is using a facility which the requesting party has a right or duty to remove, Grantee shall do so. The companies involved may decide among themselves who is to bear the cost of removal or relocation, pursuant to City Code, and provided that the City shall not be liable for such costs. (c) Notice to Remove or Relocate. Any Person requesting Grantee to remove or relocate its facilities shall give Grantee no less than forty -five (45) Days’ advance written notice advising Grantee of the date or dates removal or relocation is to be undertaken, provided that no advance written notice shall be required in emergencies or in cases where public health and safety or property is endangered. (d) Failure by Grantee to Remove or Relocate. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by the City; or in emergencies or where public health and safety or property is endangered, the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by another franchisee or utility, that franchisee or utility may do such work or cause it to be done, and if Grantee would have been liable for the cost of performing such work, the cost thereof to the party performing the work or having the work performed shall be paid by Grantee. (e) Procedure for Removal of Cable. Grantee shall not remove any underground cable or conduit which requires trenching or other opening of the Right-of-Ways along the extension of cable to be removed, except as hereinafter provided. Grantee may remove any underground cable from the Right-of-Ways which has been installed in such a manner that it can be removed without trenching or other opening of the Right-of- Ways along the extension of cable to be removed. Subject to Applicable Law, Grantee shall remove, at its sole cost and expense, any underground cable or conduit by City council meeting of April 5, 2021 (Item No. 6c) Page 15 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC tre nching or opening of the Right-of-Ways along the extension thereof or otherwise which is ordered to be removed by the City based upon a determination, in the sole discretion of the City, that removal is required in order to eliminate or prevent a hazardous condition. In the event this occurs, Grantee shall notify the City and follow the requirements of the City’s Department of Engineering and City Code. Underground cable and conduit in the Right-of-Ways which is not removed shall be deemed abandoned and title thereto shall be vested in the City. (f) Movement of Buildings. Grantee shall, upon request by any Person holding a building moving permit, franchise or other approval issued by the City, temporarily remove, raise or lower its wire to permit the movement of buildings. The expense of such removal, raising or lowering shall be paid by the Person requesting same, and Grantee shall be authorized to require such payment in advance. The City shall require all building movers to provide not less than fifteen (15) Days’ notice to the Grantee to arrange for such temporary wire changes. SECTION 4 Removal or Abandonment of System 4.1 Removal of Cable System. In the event that: (l) the use of the Cable System is discontinued for any reason for a continuous period of twelve (12) months; or (2) the Cable System has been installed in a Right-of-Way without complying with the requirements of this Franchise or the City Code, Grantee, at its expense shall, at the demand of the City remove promptly from the Right-of -Ways all of the Cable System other than any which the City may permit to be abandoned in place. In the event of any such removal Grantee shall promptly restore the Right-of -Way to a condition as nearly as possible to its prior condition or other public places in the City from which the System has been removed. However, Grantee shall have no obligation to remove the Cable System where it utilizes the System to provide other non-Cable Services and has any other authority under Applicable Law to maintain facilities in the Right-of-Way, or where Grantee is able to find a purchaser of the Cable System who holds such authorization. 4.2 Abandonment of Cable System. In the event of Grantee’s abandonment of the Cable System, City shall have the right to require Grantee to comply with the state right-of -way rules, Minnesota Rules, Chapter 7819. The Cable System to be abandoned in place shall be abandoned in the manner prescribed by the City. Grantee may not abandon any portion of the System without having first given three (3) months written notice to the City. Grantee may not abandon any portion of the System without compensating the City for damages resulting from the abandonment. 4.3 Removal after Abandonment or Termination. If Grantee has failed to commence removal of System, or such part thereof as was designated by City, within thirty (30) Days after written notice of City’s demand for removal consistent with Minnesota Rules, Chapter 7819, is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City’s demand for removal is given, City shall have the right to apply funds secured by the performance bond, and any pending letter of credit required by Section 10.1 of this Franchise, toward removal and/or declare all right, title, and interest to the Cable System for the City with all rights of ownership including, but not limited to, the right to operate the Cable System or transfer the Cable System to another for operation by it. City council meeting of April 5, 2021 (Item No. 6c) Page 16 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC 4.4 City Options for Failure to Remove Cable System. If Grantee has failed to complete such removal within the time given after written notice of the City’s demand for removal is given, the City shall have the right to exercise one of the following options: (a) Declare all right, title and interest to the System for the City or its designee with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it; or (b) Declare the System abandoned and cause the System, or such part thereof as the City shall designate, to be removed at no cost to the City. The cost of said removal shall be recoverable from the performance bond, indemnity and penalty section provided for in this Franchise or from Grantee directly. (c) Upon termination of service to any Subscriber, Grantee shall promptly remove all facilities and equipment from within the dwelling of a Subscriber who owns such dwelling upon his or her written request, except as provided by Applicable Law. Such Subscribers shall be responsible for any costs incurred by Grantee in removing the facilities and equipment. 4.5 System Construction and Equipment Standards. The Cable System shall be installed and maintained in accordance with standard engineering practices and shall conform, when applicable, with the National Electrical Safety Code, the National Electrical Code and the FCC’s Rules and Regulations. 4.6 System Maps and Layout. In addition to any generally applicable mapping requirements included in the City Code and required of other utilities, Grantee shall maintain complete and accurate system maps, which shall include trunks, distribution lines, and nodes. Such maps shall include up-to-date route maps showing the location of the Cable System adjacent to the Right-of-Ways. Grantee shall make all maps available for review by the appropriate City personnel. SECTION 5 System Design and Capacity 5.1 Availability of Signals and Equipment. (a) The Cable System utilizes a fiber to the fiber node architecture, with fiber optic cable deployed from Grantee’s headend to Grantee’s fiber nodes, tying into Grantee’s coaxial Cable System serving Subscribers. The System shall pass a minimum of 750 MHz (with a minimum passband of between 50 and 750 MHz) and shall be maintained to provide to Subscribers a minimum of at least two hundred (200) or more activated downstream video Channels, or such comparable video viewing capability as is provided in light of developing technologies and video distribution practices in the future. (b) The entire System shall be technically capable of transmitting industry-standard digital television sign als in a manner and quality consistent with applicable FCC regulations. (c) Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of the specifications in Section 5.1 (a) and (b) throughout the term of the City council meeting of April 5, 2021 (Item No. 6c) Page 17 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC Franchise with sufficient capability and technical quality to enable the implementation and performance of all requirements of this Franchise, including the exhibits hereto, and in a manner which meets or exceeds FCC technical quality standards at 47 C.F.R. § 76 Subpart K, regardless of the particular format in which a signal is transmitted. 5.2 Equal and Uniform Service. Grantee shall provide access to equal and uniform Cable Service throughout the City consistent with Applicable Law. 5.3 System Specifications. (a) System Maintenance. In all construction and service provision activities, Grantee shall meet or exceed the construction, technical performance, extension and service requirements set forth in this Franchise. (b) Emergency Alert Capability. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System (“EAS”) consistent with Applicable Law and regulations including 47 C.F.R., Part 11, and any Minnesota State Emergency Alert System requirements. The City may identify authorized emergency officials for activating the EAS insofar as the City’s process is consistent with the Minnesota State Emergency Statewide Plan (“EAS Plan”). The City may also develop a local plan containing methods of EAS message distribution, insofar as the local plan is consistent with Applicable Laws and the EAS Plan. (c) Standby Power. Grantee shall provide standby power generating capacity at the Cable System control center and at all hubs. Grantee shall maintain standby power system supplies, rated for at least two (2) hours’ duration, throughout the trunk and distribution networks. In addition, Grantee shall have in place throughout the Franchise term a plan, and all resources necessary for implementation of the plan, for dealing with outages of more than two (2) hours. (d) Technical Standards. The technical standards used in the operation of the Cable System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. The Cable System shall be installed and maintained in accordance with standard engineering practices and shall conform with the National Electrical Safety Code and all other Applicable Laws governing the construction of the Cable System. 5.4 Performance Testing. Grantee shall perform all system tests at the intervals required by the FCC, and all other tests reasonably necessary to determine compliance with technical standards required by this Franchise. These tests may include, at a minimum: (a) Initial proof of performance for any construction; (b) Semi-annual compliance tests; (c) Tests in response to Subscriber complaints; and City council meeting of April 5, 2021 (Item No. 6c) Page 18 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC (d) Tests reasonably requested by the City to demonstrate Franchise compliance. (e) Written records of all system test results performed by or for Grantee shall be maintained and shall be available for City inspection upon request. 5.5 Special Testing. (a) Throughout the term of this Franchise, City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, City may require special testing of a location or locations within the S ystem if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers impacted by such testing. (b) Before ordering such tests, Grantee shall be afforded thirty (30) Days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to comme nce special tests and the thirty (30) Days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at Grantee’s expense by Grantee’s qualified engineer. The City shall have a right to participate in such testing by having an engineer of City’s choosing, and at City’s expense, observe and monitor said testing. SECTION 6 Programming and Services 6.1 Categories of Programming Service . Grantee shall provide Video programming services in at least the following broad categories: Local Broadcast (subject to federal carriage requirements) Public Broadcast News and Information Sports General Entertainment Arts/Performance/Humanities Science/Technology Children/Family/Seniors Foreign Language/Ethnic Programming PEG Programming (to the extent required by the Franchise) Movies Leased Access, as required by Applicable Law City council meeting of April 5, 2021 (Item No. 6c) Page 19 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC 6.2 Changes in Programming Services. Grantee shall provide at least thirty (30) Days’ prior written notice to Subscribers and to the City of Grantee’s request to effectively delete any broad category of programming or any Channel within its control, including all proposed changes in bandwidth or Channel allocation and any assignments including any new equipment requirements that may occur as a result of these changes. 6.3 Parental Control Device or Capability. Upon request by any Subscriber, Grantee shall make available, at no additional cost to any Subscriber, a parental control or lockout device or functionality that will enable the Subscriber to block all access to any and all Channels without affecting those not blocked. Grantee shall inform Subscribers of the availability of the lockout device or functionality at the time of original subscription and annually thereafter. 6.4 FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall also be copied to City within ten (10) Days of the conduct of the date of the tests. 6.5 Free Cable Service to Public Buildings. (a) The parties acknowledge that as of the Effective Date of this Franchise, G rantee continues to provide, free of charge, Basic Cable Service (including the PEG Channels) to certain schools, libraries and public institutions within the Franchise Area as set forth in Exhibit A (“Complimentary Services”). In the event Grantee elects, to the extent permitted by Applicable Laws, to invoice the City for Complimentary Services, the Grantee agrees that it will do so only after providing City with one hundred twenty (120) Days’ prior written notice. Grantee agrees not to unfairly or unreasonably discriminate against the City with respect to other Minnesota served local franchising authorities, with respect to the costs to be imposed for Complimentary Services. (b) The City shall have right to discontinue receipt of all or a portion of the Complimentary Service provided by Grantee in the event Grantee elects to impose a charge against the City for the Complimentary Service as set forth in the preceding paragraph. 6.6 Limitation on Free Service. Notwithstanding anything to the contrary set forth in this Section, Grantee shall not be required to provide Complimentary Service to such buildings unless it is technically feasible. Outlets and maintenance of said Complimentary Service shall be provided free of fees and charges. 6.7 Annexation. Unless otherwise provided by Applicable Law, including the City Code, upon the annexation of any additional land area by City, the annexed area shall thereafter be subject to all the terms of this Franchise upon sixty (60) Days written notification to Grantee of the annexation by City. Unless otherwise required by Applicable Laws, nothing herein shall require the Grantee to expand its Cable System to serve, or to offer Cable Service to any area annexed by the City if such area is then served by another Wireline MVPD franchise to provide multichannel video programming. 6.8 Line Extension. (a) Grantee shall construct and operate its Cable System so as to provide Cable Service within the Franchise Area where there exists a density equivalent of seven (7) City council meeting of April 5, 2021 (Item No. 6c) Page 20 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC dwelling units per one -quarter (1/4) mile of feeder cable as measured from the nearest active plant of the Cable System if the extension is to be constructed using aerial plant, and nine (9) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest active plant if the extension is to be constructed using underground plant. The City, for its part, shall endeavor to exercise reasonable efforts to require developers and utility companies to provide the Grantee with at least fifteen (15) Days advance notice of an available open trench for the placement of necessary cable. (b) Any residential unit located within one hundred twenty-five (125) feet from the nearest point of access on the Right-of-Way from which the Cable System is designed to serve the site shall be connected to the Cable System at no charge other than the standard installation charge. Grantee shall, within fifteen (15) Days request by any potential Subscriber residing in City beyond the one hundred twenty-five (125) foot limit, provide a quo te identifying the costs associated with extending service to such Subscriber. Grantee shall perform the extension of service as soon a reasonably possible and in no event longer than thirty (30) Days, provided that the Subscriber shall pay the net additional Drop costs, unless the Grantee agrees to waive said costs. To the extent consistent with Applicable Laws, Grantee agrees that it shall impose installation costs for non-standard installations in a uniform and nondiscriminatory manner throughout the City. 6.9 Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications. SECTION 7 Local Peg Programming 7.1 Number of PEG Channels. (a) Grantee shall continue to make available a minim um of five (5) PEG Channels in Standard Definition (“SD”) and one (1) PEG Channel in High Definition (“HD”). Throughout the term of this Franchise Grantee shall provide the PEG Channels on the Basic Cable Service tier or such other most highly penetrated tier of Cable Service as may be offered by Grantee in accordance with Applicable Law. (b) For purposes of this Franchise, HD signal refers to a television signal delivering picture resolution of either 720p or greater. 7.2 HD PEG Channels. (a) Throughout the term of this Franchise, Grantee shall continue to make one (1) of the PEG Channels available in both SD and HD format. (b) Within ninety (90) Days of the Effective Date of this Franchise, Grantee shall make a second PEG Channel available in both SD and HD format. (c) At the time a second HD PEG Channel is provided, the City will give up one (1) SD PEG Channel, so that the City will then have four (4) SD PEG Channels, and two (2) HD PEG Channels. The City at its sole discretion will choose the SD PEG Channel that is City council meeting of April 5, 2021 (Item No. 6c) Page 21 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC given b ack to Grantee, and the PEG Channel that becomes capable of SD/HD programming. (d) Within one hundred eighty (180) Days of the Effective Date of this Franchise, the City will have the option to give back, upon ninety (90) Days written notice to Grantee, a seco nd SD PEG Channel and Grantee shall provide SD/HD capability to one of the remaining SD PEG Channels, so that the City will then have three (3) SD PEG Channels, and three (3) HD PEG Channels. The City shall determine, in the City’s sole discretion, which PEG Channel to give back, and which PEG Channel shall then be capable of SD/HD programming. (e) Nothing herein shall diminish any rights of the City to secure additional PEG Channels pursuant to Minnesota Statutes Section 238.084, which is expressly incorporated herein by reference. (f) At such time as eighty percent (80%) of the Grantee’s Basic Service tier Channels are provided exclusively in HD format, the City may request, and the Grantee shall provide upon one hundred twenty (120) Days’ notice, that the remaining SD PEG Channels be converted to HD Channels, subject to the other requirements of this section. In the event that all PEG Channels are made available in HD, the City’s maximum number of PEG Channels shall be three (3). For purposes of calculating the eighty percent (80%) threshold, “on demand” programming and similar programming is not considered a Channel, even if available to Basic Cable Service Subscribers. (g) The City acknowledges that receipt of an HD format PEG Channel may require Subscribers to buy or lease special equipment or pay additional HD charges applicable to all HD services. (h) Any costs of end-user equipment associated with the delivery of PEG Channels in HD format beyond the Demarcation Point shall be borne by the City and may be paid for out of PEG funds. (i) Grantee shall have the right to use any technology to deploy or deliver HD signals (including selection of compression, utilization of IP and other processing characteristics) so long as it produces signal quality for the consumer that is reasonably comparable (from the viewer’s standpoint) and functionally equivalent to similar commercial HD signals carried on the Cable System. 7.3 Control of PEG Channels. The control and administration of the PEG Channels shall rest with the City. The City may delegate, from time to time over the term of this Franchise, such control and administration to various entities as determined in City’s sole discretion. 7.4 Transmission of PEG Channels. PEG Channels may be used for transmission of non- video signals in compliance with Applicable Laws. This may include downstream transmission of data using a protocol such as TCP/IP or current industry standards. Should Grantee develop the capability to provide bi-directional data transmission, spectrum capacity shall be sufficient to allow Subscribers to transmit data to PEG facilities. 7.5 PEG Channel Locations. City council meeting of April 5, 2021 (Item No. 6c) Page 22 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC (a) PEG Channels shall be carried on the Basic Cable Service tier as set forth in Section 7.1 herein. Nothing herein precludes the Grantee from charging Subscribers for equipment needed for Basic Cable Service. Grantee shall initially continue cablecasting PEG access programming on the Cable System on the same Channel designations as such programming is cablecast within the City as of the Effective Date. In no event shall any PEG Channel relocations be made prior to ninety (90) Days written notice to the City by Grantee, except for circumstances beyond Grantee’s reasonable control. If relocated, the PEG Channels will be located on consecutive Channel numbers in the SD Channel lineups as applicable and within reasonable proximity to other broadcast or news Channels, excluding pay-per-view programming offered by Grantee in the City. For new HD PEG Channels that are provided pursuant to this Franchise, Grantee shall make reasonable commercial efforts to assign the PEG Channels a number near the other HD local broadcast stations if such Channel positions are not already taken, or if that is not possible, near HD news/public affairs programming Channels if such Channel positions are not already taken, or if not possible, as reasonably close as available Channel numbering will allow. Currently the HD PEG Channels are located, or expected to be located, on 799, 798 and 853. (b) Grantee agrees not to encrypt the PEG Channels differently than other commercial Channels available on the Cable System. (c) Grantee shall make reasonable efforts to minimize Channel movements for PEG Channels and shall make reasonable efforts to locate both SD and HD PEG Channels in its lineup in a manner that is easily accessible to Subscribers. In the event an SD PEG Channel is moved, Grantee shall provide a rebranding reimbursement grant of One Thousand Five Hundred and No/100 Dollars ($1,500) per relocated Channel. 7.6 Navigation to PEG Channels and Electronic Programming Guide . Grantee agrees that if it utilizes any navigation interfaces under its control on its Cable System for all Channels, the PEG Channels shall be treated in a non-discriminatory fashion consistent with Applicable Laws so that Subscribers will have ready access to PEG Channels. Grantee will maintain the existing ability of the City to place PEG Channel programming information on the interactive Channel guide via the electronic programming guide (“EPG”) vendor (“EPG provider”) that Grantee utilizes to provide the guide service. Grantee will be responsible for providing the designations and instructions necessary for the PEG Channels to appear on the EPG. All costs and operational requirements of the EPG provider shall be the responsibility of the City. City acknowledges that the EPG may not be technically possible for all PEG programming, and that Grantee is not responsible for operations of the EPG provider. 7.7 Ownership of PEG Channels. Grantee does not relinquish its ownership of or ultimate right of control over a Channel by designating it for PEG use. A PEG access user – whether an individual, education or government user – acquires no property or other interest by virtue of the use of a Channel position so designated. Grantee shall not exercise editorial control over any public, education, or government use of a Channel position, except Grantee may refuse to transmit any public access program or portion of a public access program that contains obscenity, indecency, or nudity in violation of Applicable Law. City council meeting of April 5, 2021 (Item No. 6c) Page 23 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC 7.8 PEG Monitoring. Grantee shall provide the capability, without charge, for the City Hall locations and the ParkTV master control facility listed, to monitor and verify the audio and visual quality of PEG Channels received by Subscribers as well as the existing connections and equipment at the ParkTV master control facility. This will include equipment comparable to that deployed to residential cable Subscribers that will allow the City to verify the accuracy of EPG listings for the PEG Channels consistent with what is currently provided. Grantee shall also maintain one (1) feed to the City Hall office to provide the ability to monitor Subscriber services and address Subscriber concerns, which feed shall include all cable boxes and platforms (i.e. Xfinity X1). 7.9 PEG Transport. During the term of this Franchise, Grantee will provide PEG transport as follows: (a) The City may transmit signals for the PEG Channels in “real time” upstream from the locations listed in Exhibit B from the Park TV master control located at City Hall to Grantee’s hub and head-end using existing fiber connections without additional charge from Grantee . (b) Grantee shall provide the capability for the City, either through a fiber connection, DOCSIS cable modem solution, or other technology of Grantee’s choosing, to transmit live programming from additional locations of the City’s choosing, subject to the City providing or renting necessary modems, encoders, decoders or similar devices, configuring such equipment, and removing such equipment in the event of interference with Grantee’s delivery of Cable Service. To the extent a set of mobile DOCSIS cable modems (or such other devices as may replace DOCSIS modems during the term of this Franchise) are utilized, such modems shall be able to connect to the Subscriber network at permanent or temporary Drops, subject to two (2) weeks prior written notice to Grantee and use upstream capacity on the Subscriber network to transmit programming via the Subscriber network and the connections to the ParkTV master control equal to or of better quality than the PEG signals transmitted to Subscribers. (i) The City shall be responsible for purchasing high speed internet service for the transmission of live programming at market rates. (ii) The City shall provide any necessary encoders, decoders or similar devices and shall configure equipment and connections so that signals can be transmitted to the Park TV master control. (iii) Grantee may request that the City remove an encoder, or similar device if it technically interferes with Grantee’s delivery of Cable Service. (c) Grantee shall maintain the existing fiber paths/equipment and existing PEG connectivity to the locations listed in Exhibit B during the term of this Franchise, without additional charge (with no recurring, monthly costs or offsets, except that Grantee may invoice the City for any actual repair or maintenance costs which shall not exceed Five Thousand and No/100 Dollars ($5,000) per year and which shall be estimated to the City in advance whenever possible, and shall be documented and invoiced to the City for payment) to permit the City to transport PEG programming. This will allow the City to City council meeting of April 5, 2021 (Item No. 6c) Page 24 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC continue cablecasting PEG programming from the locations listed in Exhibit B and will maintain connections from the City to Grantee’s hub and head-end without additional charge or offsets. (d) Grantee reserves any rights it may have under the FCC Section 621 Order, as defined in Section 17.19 herein, to impose lawfully permitted charges for the PEG transport and associated equipment as outlined in this paragraph, but G rantee may impose such charges against the City only to the extent such charges are also imposed by Grantee on all other Minnesota local franchising authorities where Grantee has similar PEG transport obligations. Grantee agrees that any costs incurred by the City under this Section 7.9 shall be considered a PEG capital cost unless prohibited by Applicable Law. 7.10 Future PEG Transport. At such time that the City determines: (a) that the City desires the capacity to allow Subscribers in the City to receive PEG programming (video or character generated) which may originate from schools, City facilities, other government facilities or other designated facilities (other than those indicated in Section 7.8); or (b) that the City desires to establish or change a location from which PEG programming is originated; or (c) that the City desires to upgrade the connection to Grantee from an existing signal point of origination, the City will give Grantee written notice detailing the point of origination and the capability sought by the City. After an agreement to reimburse Grantee for Grantee’s out of pocket time and material costs, Grantee will implement any necessary Cable System changes within a reasonable period of time. Nothing herein prevents the City, or a private contractor retained by the City, from constructing said connection. 7.11 PEG Channel Carriage . (a) The City or its designee shall be responsible for developing, implementing, interpreting and enforcing rules for PEG Channel use. (b) The Grantee shall monitor the PEG Channels for technical quality to ensure that they meet FCC technical standards including those applicable to the carriage of PEG Channels, provided however, that the Grantee is not responsible for the production quality of PEG programming productions. The City, or its designee, shall be responsible for the production and quality of all PEG programming. Grantee shall carry all components of the SD/HD PEG Channel(s) including, but not limited to, closed captioning, stereo audio and other elements associated with the programming. 7.12 PEG Programming Financial Support. (a) During the term of the Franchise, Grantee shall pay quarterly to the City a PEG Fee in an amount equal to two percent (2%) of its quarterly Gross Revenues, for the duration of this Franchise. Payments pursuant to this subsection shall be paid to the City council meeting of April 5, 2021 (Item No. 6c) Page 25 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC City on the same schedule and including the same payment worksheets as the Franchise Fee payments set forth in Section 16.1 of this Franchise. (b) The PEG Fee may be used by City to fund PEG expenditures in accordance with Applicable Law. (c) The PEG Fee is not part of the Franchise Fee and instead falls within one or more of the exceptions in 47 U.S.C. § 542. The PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C. § 542 or other Applicable Laws. 7.13 PEG Technical Quality and Support. (a) Grantee shall not be required to carry a PEG Channel in a higher quality format than that of the Channel signal delivered to Grantee, but Grantee shall not implement a change in the method of delivery of PEG Channels that results in a material degradation of signal quality or impairment of viewer reception of PEG Channels, provided that this requirement shall not prohibit Grantee from implementing new technologies also utilized for commercial Channels carried on its Cable System. Grantee shall meet FCC signal quality standards when offering PEG Channels on its Cable System and shall continue to comply with closed captioning pass-through requirements. There shall be no significant deterioration in a PEG Channels signal from the point of origination upstream to the point of reception (hub or head end) or downstream to the Subscriber on the Cable System. (b) Grantee shall provide a local (Twin Cities) response phone number, cell number, and e -mail address for local (Twin Cities) technical support staff who are trained to effectively respond to and resolve PEG related issues, who will respond to urgent tech- support requests within fifteen (15) minutes, or as soon thereafter as reasonably possible, and non-urgent tech support requests within three (3) hours or forty-eight (48) hours, depending upon the response time needed. City technical staff will determine what requests are urgent or non-urgent. City agrees to use best efforts to verify that the issue is not on the City’s side of the demarcation point before a call is made to Grantee. 7.14 Change in Technology. In the event Grantee makes any change in the Cable System and related equipment and facilities or in its signal delivery techn ology, which requires the City to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the PEG Channels, Grantee shall, at its own expense and free of charge to City or its designated entities, purchase such equipment as may be necessary to facilitate the cablecasting of the PEG Channels in accordance with the requirements of the Franchise. 7.15 Relocation of Grantee’s Headend. In the event Grantee relocates its headend, Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at Grantee’s cost so that all the functions and capacity remain available, operate reliably and satisfy all applicable technical standards and related obligations of the Franchise free of charge to the City or its designated entities. City council meeting of April 5, 2021 (Item No. 6c) Page 26 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC 7.16 Regional Channel Six. Grantee shall make available Regional Channel Six as long as it is required to do so by Applicable Law. 7.17 Compliance with Minnesota Statutes Chapter 238. In addition to the requirements contained in this Section 7 of this Franchise, Grantee and City shall comply with the PEG requirements mandated by Minnesota Statutes § 238.084. SECTION 8 Regulatory Provisions 8.1 Intent. The City shall have the right to administer and regulate activities under the Franchise to the full extent permitted by Applicable Law. The City may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of Grantee pursuant to the Franchise. Grantee shall cooperate with any such delegates of the City. 8.2 Delegation of Authority to Regulate . The City reserves the right to delegate its regulatory authority wholly or in part to agents of the City, including, but not limited to, an agency which may be formed to regulate several franchises in the region in a manner consistent with Applicable Laws. As of the Effective Date of this Franchise, the City, or any designee thereof, shall have continuing regulatory jurisdiction and supervision over the Cable System and Grantee’s operation under the Franchise. 8.3 Regulation of Rates and Charges. (a) Right to Regulate. The City reserves the right to regulate rates or charges for any Cable Service within the limits of Applicable Law, to enforce rate regulations prescribed by the FCC, and to establish procedures for said regulation or enforcement. (b) Notice of Change in Rates and Charges. Throughout the term of this Franchise, Grantee shall give the City and all Subscribers within the City at least thirty (30) Days’ notice of any intended modifications or additions to Subscriber rates or charges. Nothing in this subsection shall be construed to prohibit the reduction or waiving of rates or charges in conjunction with promotional campaigns for the purpose of attracting Subscribers or users. (c) Rate Discrimination Prohibited. Within any category of Subscribers, Grantee shall not discriminate among Subscribers with regard to rates and charges made for any service based on considerations of race, color, creed, sex, marital or economic status, national origin, sexual preference, or (except as allowed by Applicable Law) neighborhood of residence, except as otherwise provided herein; and for purposes of setting rates and charges, no categorization of Subscribers shall be made by Grantee on the basis of those considerations. Nevertheless, Grantee shall be permitted to establish (1) discounted rates and charges for providing Cable Service to low-income, disabled, or low -income elderly Subscribers, (2) promotional rates, and (3) bulk rate and package discount pricing. SECTION 9 Bond 9.1 Performance Bond. Upon the Effective Date of this Franchise and at all times thereafter, for the term of this Franchise or any renewal running to the City Grantee shall file City council meeting of April 5, 2021 (Item No. 6c) Page 27 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC with the City at its own expense, and at all times thereafter maintain in full force and effect, a bond in the sum of Fifty Thousand and No/100 Dollars ($50,000.00) in such form and with such sureties as shall be acceptable to City, conditioned upon the faithful performance by Grantee of this Franchise and upon the further condition that in the event Grantee shall fail to comply with any law, ordinance or regulation, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or losses suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal of any property of Grantee, including a reasonable allowance for attorneys’ fees and costs (with interest at two percent (2%) in excess of the then prime rate), up to the full amount of the bond, and which bond shall further guarantee payment by Grantee of all claims and liens against City, or any public property, and taxes due to City, which arise by reason of the construction, operation, maintenance or use of the Cable System. 9.2 Rights. The rights rese rved by City with respect to the bond are in addition to all other rights the City may have under this Franchise or any other law. 9.3 Reduction of Bond Amount. City may, in its sole discretion, reduce the amount of the bond. 9.4 Procedure to Draw on Bond. (a) The City shall provide Grantee thirty (30) Days written notice of its intent to draw on the performance bond together with the reason for such draw. Grantee shall have the right to cure or petition for additional time. (b) The time for Grantee to correct any violation or liability, shall be extended by the City if the necessary action to correct such violation or liability is, in the sole determination of the City, of such a nature or character as to require more than thirty (30) Days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) Days to correct such violations or liability, commences the corrective action within the thirty (30) Day period and thereafter uses reasonable diligence to correct the violation or liability. (c) In the event this Franchise is revoked by reason of default of Grantee in accordance with the procedure set forth in Section 11, the City shall be entitled to collect from the performance bond any damages incurred by the City as a result of said default or revocation. (d) Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) Days after the expiration of the term of the Franchise or revocation for default thereof, provided the City has not notified Grantee of any damages incurred by the City as a result of Grantee’s operations pursuant to the Franchise or as a result of said default. (e) The rights reserved to the City with respect to the performance bond are in addition to all other rights of the City wh ether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right the City may have. City council meeting of April 5, 2021 (Item No. 6c) Page 28 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC SECTION 10 Letter of Credit 10.1 Letter of Credit. If there is an uncured breach by Grantee of a material provision of this Franchise or a pattern of repeated violations of any provision(s) of this Franchise that remain uncured, then Grantee shall, upon written request, establish and provide to the City, as security for the faithful performance by Grantee of all of the provisions of this Franchise, a letter of credit from a financial institution satisfactory to the City in the amount of Twenty Thousand and No/100 Dollars ($20,000.00) (“Letter of Credit”). In no event shall Grantee fail to post a Twenty Thousand and No/100 Dollars ($20,000.00) Letter of Credit within ten (10) Days following receipt of a notice of franchise violation pursuant to this Section 10.1. The form, manner and content of the Letter of Credit shall be subject to the approval of the City. Failure to post said Letter of Credit shall constitute a separate material violation of this Franchise, unless the breach is cured within such ten (10) Day period. The Letter of Credit shall serve as a common security for the faithful performance by Grantee of all the provisions of this Franchise and compliance with all orders, permits and directions of the City and the payment by Grantee of any claim, liens, costs, expenses and taxes due the City which arise by reason of the construction, operation or maintenance of the Cable System. If Grantee fails to establish the Letter of Credit as required, the City may take whatever action is appropriate to require the establishment of that fund and may recover its costs, reasonable attorneys’ fees, and an additional penalty of Five Thousand Dollars ($5,000) in that action. 10.2 Withdrawal of Funds. The Letter of Credit shall permit the City to withdraw funds upon demand (sight draft). Grantee shall not use the Letter of Credit for other purposes and shall not assign, pledge or otherwise use the Letter of Credit as security for any purpose. 10.3 Restoration of Funds. Within ten (10) Days after notice to it that any amount has been withdrawn by the City from the Letter of Credit pursuant to Section 10.8, Grantee shall deposit a sum of money sufficient to restore such the Letter of Credit to the required amount. 10.4 Liquidated Damages. In addition to recovery of any monies owed by Grantee to City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the Letter of Credit the following liquidated damages: (a) For failure to provide data, documents, reports or information or to cooperate with City during an application process, audit, or System review, the liquidated damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. (b) For failure to comply with any of the provisions of this Franchise for which a penalty is not otherwise specifically provided pursuant to this Section 10.4, the liquidated damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. (c) For failure to test, analyze and report on the performance of the System following a request by City, the liquidated damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. City council meeting of April 5, 2021 (Item No. 6c) Page 29 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC (d) Forty-five Days f ollowing notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the liquidated damage shall be Five Hundred Dollars ($500.00) per Day for each Day, or part thereof, such failure occurs or continues. (e) For failure to provide the services Grantee has proposed, including but not limited to the implementation and the utilization of the PEG Channels, the liquidated damage shall be Two Hundred Fifty ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. (f) For failure to provide the Letter of Credit required by this Section 10.1, the liquidated damage shall be Two Hundred Fifty ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. 10.5 Each Violation a Separate Violation. Each violation of any provision of this Franchise shall be considered a separate violation for which separate liquidated damages can be imposed. 10.6 Maximum 120 Days . Any liquidated damages for any given violation shall be imposed upon Grantee for a maximum of one hundred twenty (120) Days. If after that amount of time Grantee has not cured or commenced to cure the alleged breach to the satisfaction of the City, the City may pursue all other remedies. 10.7 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes due and unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; or fails, after thirty (30) Days’ notice of such failure by the City to comply with any provision of the Franchise which the City reasonably determines can be remedied by an expenditure of the Letter of Credit, the City may then withdraw such funds from the Letter of Credit. Payments are not Franchise Fees as defined in Section 16 of this Franchise. 10.8 Procedure for Draw on Letter of Credit. Whenever the City finds that Grantee has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall post the Letter of Credit within ten (10) Days of the date of receipt of a written notice of violation, Grantee shall have thirty (30) Days subsequent to receipt of the notice in which to correct the violation before the City may require Grantee to make payment of damages, and further to enforce payment of damages through the Letter of Credit. Grantee may, within ten (10) Days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee shall specify with particularity the matters dis puted by Grantee and shall stay the running of the thirty (30) Day cure period but shall not serve to delay Grantee’s obligation to post the Letter of Credit within said ten (10) Day period following receipt of the notice of violation. (a) City shall hear Gran tee’s dispute at the next regularly scheduled or specially scheduled City meeting. Grantee shall have the right to speak and introduce evidence. The City shall determine if Grantee has committed a violation and shall make written City council meeting of April 5, 2021 (Item No. 6c) Page 30 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC findings of fact relativ e to its determination. If a violation is found, Grantee may petition for reconsideration. (b) If after hearing the dispute, the claim is upheld by the City, then Grantee shall have thirty (30) Days within which to remedy the violation before City may require payment of all liquidated damages due it. 10.9 Time for Correction of Violation. The time for Grantee to correct any alleged violation may be extended by the City if the necessary action to correct the alleged violation is of such a nature or character as to require more than thirty (30) Days within which to perform provided Grantee commences corrective action within fifteen (15) Days and thereafter uses reasonable diligence, as determined by the City, to correct the violation. 10.10 Grantee’s Right to Pay Prior to Letter of Credit Draw. Grantee shall have the opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails to promptly remit payment to the City, the City may resort to a draw from the Letter of Credit in accordance with the terms of this Section 10 of the Franchise. 10.11 Failure to so Replenish Letter of Credit. If any Letter of Credit is not so replaced, City may draw on said security fund for the whole amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred by City in performing and paying for any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are not performed or paid for by Grantee pursuant hereto, including attorneys’ fees incurred by the City in so performing and paying. The failure to so replace any Letter of Credit may also, at the option of City, be deemed a default by Grantee under this Franchise. The drawing on the Letter of Credit by City and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. 10.12 Collection of Funds Not Exclusive Remedy. The collection by City of any damages or monies from the Letter of Credit shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the Letter of Credit, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. Notwithstanding this section, however, should the City elect to impose liquidated damages that remedy shall remain the City’s exclusive remedy for the one hundred twenty (120) Day period set forth in Section 10.6. SECTION 11 Default 11.1 Basis for Default. City shall give written notice of d efault to Grantee if City, in its sole discretion, determines that Grantee has: (a) Violated any material provision of this Franchise or the acceptance hereto or any rule, order, regulation or determination of the City, state or federal government, not in conf lict with this Franchise; (b) Attempted to evade any provision of this Franchise or the acceptance hereof; (c) Practiced any fraud or deceit upon City or Subscribers; City council meeting of April 5, 2021 (Item No. 6c) Page 31 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC (d) Made a material misrepresentation of fact in the application for or negotiation of this Franchise; or (e) Incurred a twelve (12) month or more delay in the construction schedule. 11.2 Default Procedure. If Grantee fails to cure such default within thirty (30) Days after the giving of such notice (or if such default is of such a character as to require more than thirty (30) Days within which to cure the same, and Grantee fails to commence to cure the same within said thirty (30) Day period and thereafter fails to use reasonable diligence, in City’s sole opinion, to cure such default as soon as possible), then, and in any event, such default shall be a substantial breach and City may elect to terminate the Franchise. The City may place the issue of revocation and termination of this Franchise before the governing body of City at a regular meeting. If City decides there is cause or reason to terminate, the following procedure shall be followed: (a) City shall provide Grantee with a written notice of the reason or cause for proposed termination and shall allow Grantee a minimum of thirty (30) Days subsequent to receipt of the notice in which to correct the default. (b) Grantee shall be provided with an opportunity to be heard at a public hearing prior to any decision to terminate this Franchise. (c) If, after notice is given and an opportunity to cure, at Grantee’s option, a public hearing is held, and the City determines there was a violation, breach, failure, refusal or neglect, the City may declare by resolution the Franchise revoked and of no further force and effect unless there is compliance within such period as the City may fix, such period may not be less than thirty (30) Days. No opportunity for compliance need be granted for fraud or misrepresentation. 11.3 Failure to Enforce . Grantee shall not be relieved of any of its obligations to comply promptly with any provision of the Franchise by reason of any failure of the City to enforce prompt compliance, and City’s failure to enforce shall not constitute a waiver of rights or acquiescence in Grantee’s conduct. 11.4 Compliance with the Laws. (a) If any federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, e ither party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one (1) year after they become effective, unless otherwise stated, and shall conform to federal laws and regulations regarding cable as they become effective. (b) If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or City council meeting of April 5, 2021 (Item No. 6c) Page 32 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with, provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City. SECTION 12 Foreclosure and Receivership 12.1 Foreclosure . Upon the foreclosure or other judicial sale of the Cable System, Grantee shall notify the City of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 12.2 Receivership. The City shall have the right to cancel this Franchise subject to any applicable provisions of state law, including the Bankruptcy Act, one hundred twenty (120) Days after the appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) Days, or unless: (a) Within one hundred twenty (120) Days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Franchise and remedied all defaults thereunder; and, (b) Such receiver or trustee, within said one hundred twenty (120) Days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise. SECTION 13 Reporting Requirements 13.1 Quarterly Reports. Within forty (45) Days after the end of each calendar quarter, Grantee shall submit to the City along with its Franchise Fee payment, a report showing the basis for computation of the Franchise Fee and PEG Fee payments signed by an authorized representative of Grantee in form and substance substantially equivalent to Exhibit C attached hereto. This report shall separately indicate Grantee’s Gross Revenues within the City including, but not limited to such items as listed in the definition of “Gross Revenues” at Section 1.20 of this Franchise. 13.2 Monitoring and Compliance Reports. Upon request, but no more than once a year, Grantee shall provide a written report of any and all FCC technical performance tests for the residential network required in FCC Rules and Regulations as now or hereinafter constituted. 13.3 Other Reports. Upon request of the City and in no event later than thirty (30) Days from the date of receipt of such request, Grantee shall, free of charge, prepare and furnish to the City council meeting of April 5, 2021 (Item No. 6c) Page 33 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC City, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions, or property, as may be reasonably necessary to ensure compliance with the terms of this Franchise. Grantee and City may in good faith agree upon taking into consideration Grantee’s need for the continuing confidentiality as prescribed herein. Neither City nor Grantee shall unreasonably demand or withhold information requested pursuant with the terms of this Franchise. 13.4 Confidential and Trade Secret Information. The City shall follow, all Applicable Laws and procedures for protecting any confidential and trade secret information of Grantee that may be provided to City. Grantee shall not be relieved of its obligation to provide information or data required under this Franchise simply because the City may not be able to guarantee its confidentiality. Grantee acknowledges that the City shall at all times comply with the Minnesota Government Data Practices Act (“MGDPA”) related to the release of information and nothing herein shall be read to modify the City’s obligations under the MGDPA. 13.5 Communications with Regulatory Agencies. (a) Upon written request, Grantee shall submit to City copies of any pleading, applications, notifications, communications and documents of any kind, submitted by Grantee or its Affiliates to any federal, state or local courts, regulatory agencies and other government bodies if such documents directly relate to the operations of Grantee’s Cable System within the Franchise Area. Grantee shall submit such documents to City no later than thirty (30) Days after receipt of City’s request. Grantee shall not claim confidential, privileged or proprietary rights to such documents unless under Applicable Law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or state agency. With respect to all other reports, documents and notifications provided to any federal, state or local regulatory agency as a routine matter in the due course of operating Grantee’s Cable System within the Franchise Area, Grantee shall make such documents available to City upon City’s written request. (b) In addition, Grantee and its Affiliates shall within ten (10) Days of any communication to or from any judicial or regulatory agency regarding any alleged or actual violation of this Franchise, City regulation or other requirement relating to the System, use its best efforts to provide the City a copy of the communication, whether specifically requested by the City to do so or not. SECTION 14 Customer Service Policies 14.1 Response to Customers and Cooperation with City. Grantee shall promptly respond to all requests for service, repair, installation and information from Subscribers. Grantee acknowledges the City’s interest in the prompt resolution of all cable complaints and shall work in close cooperation with the City to resolve complaints. Grantee shall provide the City with the name, address and telephone number of an office that will act as the Grantee’s agent to receive complaints, regarding quality of service, equipment malfunctions, billings, and similar matters. Grantee will maintain an “escalated complaint process” to address unresolved complaints from Subscribers. A team of specifically identified employees of Grantee shall be available to the City via email and telephone for reporting issues. These specifically identified employees of Grantee City council meeting of April 5, 2021 (Item No. 6c) Page 34 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC will have the ability to take actions to resolve Subscriber complaints relating to billing, property or service restoration, technical appointments, or any other Subscriber matters when necessary. Grantee will follow -up with the City in writing by email (and by phone when necessary) with a summary of the results of the complaint(s). 14.2 Customer Service Agreement and Written Information. Grantee shall provide to Subscribers a comprehensive service agreement and information in writing for use in establishing Subscriber service. Written information shall, at a minimum, contain the following information: (a) Services to be provided and rates for such services. (b) Billing procedures. (c) Service termination procedure. (d) Change in service notifications. (e) Converter/Subscriber terminal equipment policy. (f) How complaints are handled including Grantee’s procedure for investigation and resolution of Subscriber complaints. (g) The name, address, and phone number of the Person identified by the City as responsible for handling cable questions and complaints for the City. This information shall be prominently displayed, and Grantee shall submit the information to the City for review and approval as to its content and placement on Subscriber billing statements. A copy of the written information shall be provided to each Subscriber at the time of initial connection and any subsequent reconnection. 14.3 Reporting Complaints. (a) The requirements of this Section 14.3 shall be subject to federal law regarding Subscriber privacy. Grantee shall maintain all Subscriber data available for City inspection. Subscriber data shall include the date, name, address, telephone number of Subscriber complaints as well as the subject of the complaint, date and type of action taken to resolve the complaint, any additional action taken by Grantee or the Subscriber. The Grantee shall provide City with reasonable access to the information maintained by Grantee pursuant to this Section 14.3, subject to federal law regarding Subscriber privacy. (b) Subject to federal law and upon reasonable request by the City, Grantee shall, within a reasonable amount of time, provide City with such Subscriber data for its review. 14.4 Customer Service Standards. (a) The City hereby adopts the customer service standards set forth in Part 76, (§76.309) of the FCC’s rules and regulations, as amended. (b) Grantee shall provide City with inform ation which shall describe in detail Grantee’s compliance with each and every term and provision of Section 14.6. City council meeting of April 5, 2021 (Item No. 6c) Page 35 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC (c) Grantee shall comply in all respects with the customer service requirements established by the FCC and those set forth herein. The City reserves the right to enact additional consumer protection laws or requirements to the extent such requirements are not inconsistent with, and preempted by, the FCC’s customer service standards. 14.5 Local Office . Grantee shall maintain a convenient local customer service and bill payment location for matters such as receiving Subscriber payments, handling billing questions, equipment replacement and customer service information. 14.6 Cable System Office Hours and Telephone Availability. Grantee shall comply with the standards and requirements for customer service set forth below during the term of this Franchise. (a) Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty -four (24) hours a Day, seven (7) days a week. (i) Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. (ii) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day. (b) Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. (c) Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (d) Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. (e) Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located. (f) The Grantee shall utilize such equipment and software and keep such records as are necessary or required to enable the City to determine whether the Grantee is complying with all telephone answering standards required by applicable customer service regulations and laws, as amended from time to time. 14.7 Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis: City council meeting of April 5, 2021 (Item No. 6c) Page 36 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC (a) Standard Installations will be performed within seven (7) business days after an order has been placed. “Standard” Installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system as more specifically set forth in Section 6.8(b). (b) Excluding conditions beyond the control of Grantee, Grantee will begin working on “service interruptions” promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Grantee must begin actions to correct other Service problems the next business day after notification of the Service problem. (c) The “appointment window” alternatives for installations, Service calls, and other installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (Grantee may schedule Service calls and other installation activities outside of Normal Business Hours for the express convenience of the customer.) (d) Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (e) If Grantee’s representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. 14.8 Communications between Grantee and Subscribers. (a) Refunds. Refund checks will be issued promptly, but no later than either: (i) The customer’s next billing cycle following resolution of the request or thirty (30) Days, whichever is earlier, or (ii) The return of the equipment supplied by Grantee if Cable Service is terminated. (b) Credits. Credits for Cable Service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted. 14.9 Billing: (a) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic Cable Service and premium Cable Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (b) In case of a billing dispute, Grantee must respond to a written complaint from a Subscriber within thirty (30) Days. City council meeting of April 5, 2021 (Item No. 6c) Page 37 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC 14.10 Subscriber Information. (a) Grantee will provide written information on each of the following areas at the time of installation of Cable Service, at least annually to all Subscribers, and at any time upon request: (i) Products and services offered; (ii) Prices and options for programming services and conditions of subscription to programming and other services; (iii) Installation and service maintenance policies; (iv) Instructions on how to use the Cable Service; (v) Channel positions of programming carried on the System; and (vi) Billing and complaint procedures, including the address and telephone number of the City’s office. (b) Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by Grantee, including the address of the responsible officer of the City. Subscribers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) Days in advance of such changes if the change is within the control of Grantee. In addition, Grantee shall notify Subscribers thirty (30) Days in advance of any significant changes in the information required by this Section 14.10. 14.11 Notice of Rate or Programming Changes. Grantee shall give thirty (30) Days written notice to both Subscribers and the City before implementing any rate or Service change within the control of Grantee. For the purpose of this section a “Service change” shall not include channel additions or moves that do not impact rates. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of Channels). When the change involves the addition or deletion of Channels, each Channel added or deleted must be separately identified. For purposes of the carriage of digital broadcast signals, Grantee need only identify for Subscribers, the television signal added and not whether that signal may be multiplexed during certain dayparts. 14.12 Subscriber Contracts. Grantee shall, upon written request, provide the City with any standard form residential Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any standard form Subscriber contract(s) shall be available for public inspection during Normal Business Hours. A list of Grantee’s current Subscriber rates and charges for Cable Service and a current Channel line -up showing all Channels available in the City shall be maintained on file with City and shall be available for public inspection. Grantee shall also provide on a monthly basis a copy of a sample Subscriber bill to the City. City council meeting of April 5, 2021 (Item No. 6c) Page 38 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC 14.13 Refund Policy. If a Subscriber’s Cable Service is interrupted or discontinued, without cause, for twe nty-four (24) or more consecutive hours, Grantee shall, upon request by the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every month will be assumed to have thirty (30) Days. 14.14 Late Fees. Grantee shall comply with all Applicable Laws with respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee’s compliance with all Applicable Laws to the maximum extent legally permissible. 14.15 Disputes. All Subscribers and members of the general public may direct complaints, regarding Grantee’s service or performance to the chief administrative officer of the City or the chief administrative officer’s designee, which may be a board or a commission of the City. 14.16 Subscriber Bills. Subscriber bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Subscribers, and in a way that: (A) is not misleading; and (B) does not omit material information. Notwithstanding anything to the contrary in Section 14.9, above, Grantee may, in its sole discretion, consolidate costs on Subscriber bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C. § 542(c)). 14.17 Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty (30) Days in a manner deemed reasonable by the City under the terms of the Franchise. 14.18 Notification of Complaint Procedure. Grantee shall have printed clearly and prominently on each Subscriber bill and in the customer service agreement provided for in Section 14.2, the twenty-four (24) hour Grantee phone number for Subscriber complaints. Additionally, Grantee shall provide information to Subscribers concerning the procedures to follow when they are unsatisfied with measures taken by Grantee to remedy their complaint. This information will include the phone number of the City office or Person designated to handle complaints. Additionally, Grantee shall state that complaints should be made to Grantee prior to contacting the City. 14.19 Subscriber Privacy. (a) To the extent required by Minnesota Statutes § 238.084 Subd. 1(s) Grantee shall comply with the following: (i) No signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No pe nalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. City council meeting of April 5, 2021 (Item No. 6c) Page 39 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC (ii) No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee’s business use, and also to the Subscriber subject of that information, unless Grantee has received specific written permission from the Subscriber to make such data available. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. (iii) Written permission from the Subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subparagraph (ii) of this section. 14.20 Grantee Identification. Grantee shall provide all customer service technicians and all other Grantee employees entering private property with appropriate picture identification so that Grantee employees may be easily identified by the property owners and Subscribers. SECTION 15 Subscriber Practices 15.1 Subscriber Rates. There shall be no charge for disconnection of any installation or outlet. If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other properly due fee or charge, Grantee may disconnect the Subscriber’s service outlet, provided, however, that such disconnection shall not be affected until after the later of: (i) forty-five (45) Days after the original due date of said delinquent fee or charge; or (ii) ten (10) Days after delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before expiration of the later of (i) or (ii), Grantee shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection charge, Grantee shall promptly reinstate the Subscriber’s Cable Service. 15.2 Refunds to Subscribers shall be made or determined in the following manner: (a) If Grantee fails, upon request by a Subscriber, to provide any service then being offered, Grantee shall promptly refund all deposits or advance charges paid for the service in question by said Subscriber. This provision does not alter Grantee’s responsibility to Subscribers under any separate contractual agreement or relieve Grantee of any other liability. (b) If any Subscriber terminates any monthly service because of failure of Grantee to render the service in accordance with this Franchise, Grantee shall refund to such Subscriber the proportionate share of the charges paid by the Subscriber for the City council meeting of April 5, 2021 (Item No. 6c) Page 40 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC services not received. This provision does not relieve Grantee of liability established in other provisions of this Franchise. (c) If any Subscriber terminates any monthly service prior to the end of a prepaid period, a proportionate amount of any prepaid Subscriber service fee, using the number of days as a basis, shall be refunded to the Subscriber by Grantee. SECTION 16 Compensation and Financial Provisions 16.1 Franchise Fees. (a) During the term of the Franchise, Grantee shall pay quarterly to the City or its delegate a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues. If any such law, regulation or valid rule alters the five percent (5%) Franchise Fee ceiling established by the Cable Act, then the City shall have the authority to (but shall not be required to) increase the Franchise Fee accordingly, provided such increase is for purposes not inconsistent with Applicable Law. (b) Franchise Fees shall be paid quarterly. The payments shall be made to the City within forty -five (45) Days following the end of each calendar quarter. Grantee shall include with each quarterly payment a Franchise Fee payment worksheet, in form and substance substantially similar to Exhibit C, signed by an authorized representative of Grantee. No acceptance of any payment shall be construed as an accord that the amount paid is in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim which the City may have for further or additional sums payable under the provisions of this section. (c) Neither current nor previously paid Franchise Fees shall be subtracted from the Gross Revenue amount upon which Franchise Fees are calculated and due for any period, unless otherwise required by Applicable Law. (d) Any Franchise Fees owing pursuant to this Franchise which remain unpaid after the due dates specified herein shall be delinquent and shall immediately begin to accrue interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal, whichever is greater. 16.2 Auditing and Financial Records. Throughout the term of this Franchise, the Grantee agrees that the City or its designee, upon reasonable prior written notice of twenty (20) Days to the Grantee, may review such of the Grantee’s books and records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor and enforce Grantee’s compliance with the provisions of this Franchise. Grantee shall provide such requested information as soon as possible and in no event more than twenty (20) Days unless Grantee explains that it is not feasible to meet this timeline and provides a written explanation for the delay and an estimated reasonable date for when such information will be provided. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a minimum period of seven (7) years, pursuant to Minnesota Statutes § 541.05. The Grantee shall not deny the City access to any of the Grantee’s records on the basis that the Grantee’s records are under the control of any parent corporation, Affiliated entity or a third party. The City may request in City council meeting of April 5, 2021 (Item No. 6c) Page 41 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC writing copies of any such records or books that are reasonably necessary, and the Grantee shall provide such copies within thirty (30) Days of the receipt of such request. One (1) copy of all reports and records required under this or any other section shall be furnished to the City at the sole expense of the Grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then the Grantee may request, in writing within ten (10) Days of receipt of such request, that the City inspect them at the Grantee’s local offices or at one of Grantee’s offices more convenient to City or its duly authorized agent. If any books or records of the Grantee are not kept in such office and not made available in copies to the City upon written request as set forth above, and if the City determines that an examination of such records is necessary for the enforcement of this Franchise, then all reasonable travel expenses incurred in making such examination shall be paid by the Grantee. 16.3 Review of Record Keeping Methodology. Upon request, Grantee agrees to meet with a representative of the City or its designee to review its methodology of record-keeping, financial reporting, computing Franchise Fee obligations, and other procedures the understanding of which the City deems necessary for understanding the meaning of reports and records. 16.4 Audit of Records. The City or its authorized agent may at any time and at the City’s own expense conduct an independent audit of the revenues of Grantee in order to verify the accuracy of Franchise Fees or PEG Fees paid to the City. Grantee and each parent company of Grantee shall cooperate fully in the conduct of such audit. In the event it is determined through such audit that Grantee has underpaid Franchise Fees in an amount of five percent (5%) or more than was due the City, then Grantee shall reimburse the City for the entire cost of the audit within thirty (30) Days of the completion and acceptance of the audit by the City. 16.5 Records to be reviewed. The City agrees to request access to only those books and records, in exercising its rights under this section, which it deems reasonably necessary for the enforcement and administration of the Franchise. 16.6 Indemnification by Grantee . Grantee shall, at its sole expense, fully indemnify, defend and hold harmless the City, and in their capacity as such, the officers, agents and employees thereof (collectively the “Indemnified Parties”), from and against any and all claims, suits, actions, demands, liability and judgments for damage or otherwise except those arising wholly from negligence on the part of the Indemnified Parties; for actual or alleged injury to Persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of Grantee or its officers, agents, employees, or contractors or to which Grantee’s or its officers, agents, employees or contractors acts or omissions in any way contribute, and whether or not such acts or omissions were authorized or contemplated by this Franchise or Applicable Law; arising out of or alleged to arise out of any claim f or damages for Grantee’s invasion of the right of privacy, defamation of any Person, firm or corporation, or the violation of infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any Person, firm or corporation; arising out of or alleged to arise out of Grantee’s failure to comply with the provisions of any Applicable Law. Nothing herein shall be deemed to prevent the Indemnified Parties from participating in the defense of any litigation by their own counsel at such parties’ expense. Such participation shall not under any circumstances relieve Grantee from its duty of defense against liability or of paying any judgment entered against the Indemnified Parties. City council meeting of April 5, 2021 (Item No. 6c) Page 42 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC 16.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense take out and maintain during the term of this Franchise public liability insurance with a company licensed to do business in the State of Minnesota with a rating by A.M. Best & Co. of not less than “A-” that shall protect the Grantee, City and its officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise, whether such operations be by the Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee’s vehicles, products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Four Million Dollars ($4,000,000). The liability policy shall include: (a) The policy shall provide coverage on an “occurrence” basis. (b) The p olicy shall cover personal injury as well as bodily injury. (c) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier’s standard endorsement as to bodily injuries, personal injuries and property damage. (d) Broad form property damage liability shall be afforded. (e) City shall be named as an additional insured on the policy. (f) An endorsement shall be provided which states that the coverage is primary insurance with respect to claims arising from Grantee’s operations under this Franchise and that no other insurance maintained by the City will be called upon to contribute to a loss under this coverage. (g) Standard form of cross-liability shall be afforded. (h) An endorsement stating that the policy shall not be canceled without thirty (30) Days’ notice of such cancellation given to City. (i) City reserves the right to adjust the insurance limit coverage requirements of this Franchise no more than once every three (3) years. Any such adjustment by City will be no greater than the increase in the State of Minnesota Consumer Price Index (all consumers) for such three (3) year period. (j) Upon the Effective Date, Grantee shall submit to City a certificate documenting the required insurance, as well as any necessary properly executed endorsements. The certificate and documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Grantee has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such endorsements or certificates or other evidence of insurance, or to advise Grantee of any deficiencies in such documents and receipt thereof shall not relieve Grantee from, nor be deemed a waiver of, City’s right to enforce the terms of Grantee’s obligations hereunder. City reserves the right to examine any policy provided for under this City council meeting of April 5, 2021 (Item No. 6c) Page 43 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC paragraph or to require further documentation reasonably necessary to form an opinion regarding the adequacy of Grantee’s insurance coverage. SECTION 17 Miscellaneous Provisions 17.1 Posting and Publication. The Summary of Ordinance for Publication (“Summary”) attached hereto as Exhibit D shall be published at least once in the official newspaper of the City. Grantee shall assume the cost of posting and publication of the Summary as such posting and publication is required by law and such is payable upon Grantee’s filing of acceptance of this Franchise. 17.2 Guarantee of Performance. Grantee agrees that it enters into this Franchise voluntarily in order to secure and in consideration of the grant from the City of a ten (10) year Franchise. Performance pursuant to the terms and conditions of this Franchise is guaranteed by Grantee. 17.3 Minnesota Statutes. This Franchise cannot be changed orally but only by an instrument in writing executed by the parties. This Franchise is made pursuant to Minnesota Statutes Chapter 238 and the City Code and is intended to comply with all requirements set forth therein. 17.4 Consent. Wherever the consent or approval of either Grantee or the City is specifically required in this agreement, such consent or approval shall not be unreasonably withheld. 17.5 Prior Franchise Terminated. The cable franchise originally granted by Ordinance No. 2309-06 is hereby terminated. Nothing herein shall serve to waive any rights the parties may have under previous agreements subject only to the applicable state statute of limitations. 17.6 Franchise Acceptance . No later than thirty (30) Days following City Council approval of this Franchise, Grantee shall execute and return to the City two (2) original franchise agreements. The executed agreements shall be returned to the City accompanied by performance bonds and evidence of insurance, all as provided in this Franchise. In the event Grantee fails to accept this Franchise, or fails to provide the required documents, this Franchise shall be null and void. The Grantee agrees that despite the fact that its written acceptance may occur after the Effective Date, the obligations of this Franchise shall become effective on the Effective Date. 17.7 Amendment of Franchise . Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made to address technology changes or advances subsequent to a review session pursuant to Section 2.6 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws; provided, however, nothing herein shall restrict City’s exercise of its police powers. 17.8 Notice . All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of the Grantee or the City’s administrator of this Franchise during Normal Business Hours or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: City council meeting of April 5, 2021 (Item No. 6c) Page 44 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC If to City: City Manager City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 If to Grantee: General Manager Comcast 10 River Park Plaza St. Paul, MN 55107 Such addresses may be changed by either party upon notice to the other party given as provided in this section. Recognizing the widespread usage and acceptance of electronic forms of communication, emails will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price adjustment communications. Such communication should be addressed and directed to the Person of record as specified above. 17.9 Force Majeure . In the event that either party is prevented or delayed in the performance of any of its obligations, under this Franchise by reason of acts of God, floods, fire, hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism, strikes, delays in receiving permits where it is not the fault of Grantee, public easements, sabotage, acts or omissions of the other party, or any other similar event beyond the reasonable control of that party, it shall have a reasonable time under the circumstances to perform such obligation under this Franchise, or to procure a substitute for such obligation to the reasonable satisfaction of the other party. 17.10 Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise, the City Code and other Applicable Law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee’s responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee’s behalf are familiar with the requirements of this Franchise, the City Code and other Applicable Laws governing the work performed by them. 17.11 Governing Law. This Franchise shall be deemed to be executed in the State of Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Minnesota, as applicable to contracts entered into and performed entirely within the state. 17.12 Nonenforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City or to enforce prompt compliance. City council meeting of April 5, 2021 (Item No. 6c) Page 45 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC 17.13 Captions. The paragraph captions and headings in this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Franchise. 17.14 Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last Day of the prescribed or fixed period or duration of time. When the last Day of the period falls on Saturday, Sunday or a legal holiday that Day shall be omitted from the computation and the next business Day shall be the last Day of the period. 17.15 Rights Cumulative . All rights and remedies given to the City by this Franchise or retained by the City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 17.16 Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes the City has the power to make the terms and conditions contained in this Franchise. Grantee agrees that it will not, at any time, set up against the City in any claim or proceeding, any condition or term of the Franchise as unreasonable, arbitrary, void as of the Effective Date of this Franchise or that the City had no power or authority to make such term or condition. 17.17 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee shall no longer have the right to occupy the Right-of-Ways f or the purpose of providing Cable Service. However, Grantee’s obligations to the City (other than the obligation to provide service to Subscribers) shall survive according to their terms. 17.18 Competitive Equity. (a) The City reserves the right to grant additional franchises or similar authorizations to provide Video Programming services via Cable Systems or other Wireline MVPDs. The City intends to treat Wireline MVPDs in a nondiscriminatory manner to the extent permissible under Applicable Law. If, following the Effective Date of this Franchise, the City grants such an additional franchise or authorization to a Wireline MVPD and Grantee believes the City has done so on terms materially more favorable than the obligations under this Franchise, then the provisions of this Section 17.18 will apply. (b) As part of this Franchise, the City and Grantee have mutually agreed upon the following terms as a condition of granting the Franchise, which terms may place the Grantee at a significant competitive disadvantage if not required of a Wireline MVPD: the obligation to pay to the City a Franchise Fee, Gross Revenues as provided for and City council meeting of April 5, 2021 (Item No. 6c) Page 46 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC defined in this Franchise, and the obligation to comply with the requirements in this Franchise regarding PEG funding, PEG Channels, records and reports, security instruments, audits, dispute resolution, remedies, notice and opportunity to cure, and customer service obligations (hereinafter “Material Obligations”). The City and Grantee further agree that this provision shall not require a word for word identical franchise or authorization for competitive equity so long as the regulatory and financial burdens on each entity are materially equivalent. (c) Within one (1) year of the adoption of a Wireline MVPD franchise or similar authorization, Grantee must notify the City in writing of the Material Obligations in this Franchise that Grantee believes exceed the Material Obligations of the wireline competitor’s franchise or similar authorization. The City and Grantee agree that they will use best efforts in good faith to negotiate Grantee’s proposed Franchise modifications, and that such negotiation will proceed and conclude within a ninety (90) Day time period, unless that time period is reduced or extended by mutual agreement of the parties. If the City and Grantee reach agreement on the Franchise modifications pursuant to such negotiations, then the City shall amend this Franchise to include the modifications. If the City and Grantee fail to reach agreement in such negotiations, Grantee may, at its option, elect to replace this Franchise by opting into the franchise or other similar lawful authorization that the City grants to another Wireline MVPD (with the understanding that Grantee may use its current system design and technology infrast ructure to meet any requirements of the new franchise), so as to ensure that the regulatory and financial burdens on each entity are equivalent. If Grantee so elects, the City shall immediately commence proceedings to replace this Franchise with the franchise issued to the other Wireline MVPD. Notwithstanding anything contained in this section to the contrary, the City shall not be obligated to amend or replace this Franchise unless the new entrant makes Cable Services or similar downstream Video programming service available for purchase by Subscribers or customers under its franchise agreement with or similar authorization from the City. (d) In the event the City disputes that the Material Obligations are different, Grantee may bring an action in federal or state court for a determination as to whether the Material Obligations are different and as to what franchise amendments would be necessary to remedy the disparity. Alternatively, Grantee may notify the City that it elects to immediately commence the renewal process under 47 U.S.C. § 546 and to have the remaining term of this Franchise shortened to not more than thirty (30) months. (e) Nothing in this Section 17.18 is intended to alter the rights or obligations of either party under Applicable Law, and it shall only apply to the extent permitted under Applicable Law and FCC orders. In no event will the City be required to refund or to offset against future amounts due the value of benefits already received. (f) To the extent the City has legal authority to grant a franchise or similar authorization to a wireless provider of Cable Service, the competitive equity rights provided by this section shall apply with respect to Material Obligations imposed in such franchise or other similar agreement. In the event of a dispute regarding the City’s legal authority, Grantee shall have the burden to demonstrate that such authority exists or does not exist. City council meeting of April 5, 2021 (Item No. 6c) Page 47 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC 17.19 In-Kind Cable -Related Contributions. In the event the FCC Section 621 Order (Third Report and Order in MB Docket No. 05-311 adopted by the FCC on August 1, 2019) (herein “621 Order”) is stayed or overturned in whole or in part by action of the FCC or through judicial review, and franchise-mandated Complimentary Services to public buildings as set forth in Section 6.5 herein and the PEG transport as provided in Section 7.9(a) and (c) herein are no longer considered to be “Franchise Fees” under 47 U.S.C. §542, then for the remaining Franchise term, Grantee shall provide, free of charge, complimentary Basic Cable Service to the Complimentary Service locations listed in Exhibit A and the PEG transport as provided in Section 7.9(a) and (c). SECTION 18 Effective Date This ordinance shall take effect May 14, 2021. First Reading April 5, 2021 Second Reading April 19, 2021 Date of publication April 29, 2021 Date ordinance takes effect May 14, 2021 Reviewed for administration: Adopted by the City Council April 19, 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 April 5, 2021 (Item No. 6c) Page 48 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC Accepted: This Franchise is accepted, and we agree to be bound by its terms and conditions. Comcast of Minnesota LLC Date: By: Its: City council meeting of April 5, 2021 (Item No. 6c) Page 49 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC EXHIBIT A LIST OF FREE SERVICE TO BUILDINGS Building Name Address 1. St. Louis Park City Hall 5005 Minnetonka Boulevard St. Louis Park, MN 55416 2. St. Louis Park Recreation Center and Wolfe Park Pavilion 3700 Monterey Drive St. Louis Park, MN 55416 3. Municipal Service Center 7305 Oxford Street St. Louis Park, MN 55426 4. Fire Station One 3750 Wooddale Avenue St. Louis Park, MN 55416 5. Fire Station Two 2262 Louisiana Avenue St. Louis Park, MN 55426 6. Westwood Hills Nature Center 8300 W. Franklin Avenue St. Louis Park, MN 55426 7. Police Station 3015 Raleigh Avenue St. Louis Park, MN 55416 8. The Shops at West End Police Substation* 1623 West End Boulevard St. Louis Park, MN 55416 9. Excelsior & Grand Police Substation 4717 Park Commons Drive St. Louis Park, MN 55416 10. The Shoppes at Knollwood Police Substation* 8332 Highway 7 St. Louis Park, MN 55426 ISD 283: 11. Lenox Community Center 6715 Minnetonka Blvd St. Louis Park, MN 55426 12. Aquila Elementary School 8500 West 31st Street St. Louis Park, MN 55426 13. Peter Hobart Elementary School 6500 West 26th Street St. Louis Park, MN 55416 14. Susan Lindgren Elementary School 4801 West 41st Street St. Louis Park, MN 55416 15. Park Spanish Immersion School 9400 Cedar Lake Road St. Louis Park, MN 55426 16. St. Louis Park Middle School 2025 Texas Avenue South St. Louis Park, MN 55426 17. St. Louis Park High School 6425 West 33rd Street St. Louis Park, MN 55416 18. Central Community Center 6300 Walker Street St. Louis Park, MN 55416 * Following the outcome of the appeal of the 621 Order consistent with Section 17.19 of this Franchise, and upon the City’s written request, Grantee shall, if permitted by Applicable Law, provide Complimentary Service to locations #8 and #10 above. City council meeting of April 5, 2021 (Item No. 6c) Page 50 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC EXHIBIT B PEG TRANSPORT Building Name Address 1. City Hall 5005 Minnetonka Boulevard 2. St. Louis Park High School 6425 West 33rd Street 3. St. Louis Park High School Football Field 6525 West Lake Street 4. Rec Center, Amphitheatre and the Banquet Room 3700 Monterey Drive City council meeting of April 5, 2021 (Item No. 6c) Page 51 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC EXHIBIT C FRANCHISE FEE PAYMENT WORKSHEET TRADE SECRET – CONFIDENTIAL PEG Fee Factor: 2% PEG Fee Nothing in this Franchise Fee Payment Worksheet shall serve to modify the definition of “Gross Revenues” set forth in the Franchise. City council meeting of April 5, 2021 (Item No. 6c) Page 52 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC EXHIBIT D Summary of Ordinance for Publication An ordinance granting a franchise to Comcast of Minnesota, LLC to construct, operate and maintain a cable system in the city of S t. Louis P ark, Minnesota setting forth conditions accompanying the grant of the franchise; providing for regulation and use of the system and the public rights-of -way; and prescribing penalties for the violation of the provisions herein On , 2021, the City of St. Louis Park, Minnesota (“City”) adopted an ordinance granting a Cable Television Franchise to Comcast of Minnesota, LLC (“Comcast”). The Franchise serves two (2) purposes. First, it is intended to provide for and specify the means to attain the best possible cable service for the public by providing requirements for cable with respect to technical standards, customer service obligations, and related matters. Second, it grants a non-exclusive cable television franchise to Comcast, to operate, construct and maintain a cable system within the City and contains specific requirements for Comcast to do so. The franchise includes the following: 1) a franchise fee of five percent (5%) of Comcast’s annual gross revenues; 2) a franchise term of ten (10) years; 3) a list of schools and public buildings entitled to receive complimentary cable service; 4) dedicated channel capacity for public, education and government (“PEG”) access programming; 5) customer service standards regarding Comcast’s cable services; and 6) a performance bond to enforce Comcast’s compliance with the franchise. It is hereby determined that publication of this title and summary will clearly inform the public of the intent and effect of Ordinance No. . A copy of the entire ordinance shall be posted at the St. Louis Park City Hall. It is hereby directed that only the above title and summary of Ordinance No. be published, conforming to Minnesota Statutes Section 331A.01, with the following: NOTICE Persons interested in reviewing a complete copy of the Ordinance may do so at the St. Louis Park City Hall at 5005 Minnetonka Boulevard, St. Louis Park, MN 55416 during the hours of 7:30 a.m. and 4:30 p.m., Monday through Friday. City council meeting of April 5, 2021 (Item No. 6c) Page 53 Title: First reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC Yes No Mayor Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember Reviewed for administration: Adopted by the City Council (insert date) Thomas K. Harmening, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney Meeting: City council Meeting date: April 5, 2021 Action agenda item: 8a Executive summary Title: Target Knollwood – Boone Ave nue reconstruction – conditional use permit Recommended action: Motion to adopt Resolution approving the conditional use permit to place 522 cubic yards of fill in the floodplain for the reconstruction of Boone Avenue. Policy consideration: Does the proposed fill meet the criteria of the floodplain ordinance? Summary: Boone Avenue is a private road that Target Corporation is responsible for maintain ing. Target Corporation proposes to reconstruct sections of Boone Avenue and raise the elevation of a portion of the road so it is above Minnehaha Creek’s one percent chance floodplain. Th e road has to close when it is flooded by the creek, so raising the road above the floodplain elevation will reduce the frequency of road closures due to flooding. Additional flood storage area (compensatory storage) is being creat ed to replace the flood storage area lost because of the 522 cubic yards of fill being placed in the floodplain. City code requires the compensatory storage to be at least equal to the volume of fill placed in the floodplain. The proposed compensatory storage will create 971 cubic yards of new flood storage area which is more than the 522 cubic yards required by code. Therefore, the proposed compensatory storage meets code. The proposed compensatory storage will be excavated in the parking lot and will result in the loss of 47 parking spaces. The shopping center has 890 parking spaces available for Target and the other businesses in the shopping center. City code requires at least 834 parking spaces for the shopping center. The loss of 47 spaces will result in 843 parking spaces which is more than the minimum allowed by code. Therefore, the 47 parking spaces can be removed without causing the property to be out of compliance with the city’s parking requirements. The project has been reviewed and approved by several agencies including the Minnehaha Creek Watershed District, the DNR and the army corps of engineering. The planning commission conducted a public hearing on March 3, 2021. No comments were received, and they recommended the council approve the application. Financial or budget considerations: None. 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 Resolution Development plans 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 April 5, 2021 (Item No. 8a) Page 2 Title: Target Knollwood – Boone Avenue reconstruction – conditional use permit Discussion Summary of request: Target Corporation proposes to reconstruct sections of Boone Avenue and raise the elevation of a portion of the road, so it is outside the Minnehaha Creek one percent chance floodplain. To allow the road reconstruction, Target Corporation applied for a conditional use permit to place fill in the floodplain for the purpose of raising the road to reduce the chance of it being submerged when the Minnehaha Creek is in flood stage. Site information: Site area (acres): 15.53 acres Current use: Surrounding land uses: Shopping center North: Shopping center East: Minnehaha Creek South: State Highway 7 West: Urban Park apartments Current 2040 land use guidance Current zoning COM - commercial C-2 general commercial Floodplain overlay district City council meeting of April 5, 2021 (Item No. 8a) Page 3 Title: Target Knollwood – Boone Avenue reconstruction – conditional use permit Background: Boone Avenue was constructed around 1971 along with the original Target store and attached shopping center. The Target store was replaced with the current Super Target in 2006. Boone Avenue is a private road shared with Target, Gator Properties who owns the attached shopping center and Brinker Properties who owns the Bremer Bank office building. It has only seen maintenance repairs since originally constructed and is now in need of reconstruction. Additionally, Boone Avenue periodically needs to close due to the flooding of Minnehaha Creek. Therefore, as part of the reconstruction, Target proposes to raise the elevation of the road so that the surface of the road will be above the one percent chance flood elevation of Minnehaha Creek. This will reduce the frequency of the road being closed when the Minnehaha Creek is at flood stage as shown below. Raising the elevation of the road, however, will result in fill being placed in the Minnehaha Creek floodplain. As a result, compensatory flood storage must be created at a rate of 1:1, meaning that Target must offset the fill with an equal amount of flood storage. Zoning analysis: Below is an analysis of the proposed applications. Parking: Target proposes to construct the compensatory storage in the northeast corner of the parking lot along the south and west side of Boone Avenue. This will result in the loss of 47 parking spaces. These are the spaces that are the farthest away from both Target and the shopping center, and therefore, are rarely used. Target and the adjacent shopping center have a private shared parking and access easement. The zoning ordinance requires 834 parking spaces for both the Target and shopping center. This includes a 10% reduction for being located within a quarter mile of transit. There are currently 890 parking spaces on both properties. The project would reduce the on-site parking from 890 spaces to 843 parking spaces. The site will meet the minimum required parking even after the loss of the 47 parking spaces. City council meeting of April 5, 2021 (Item No. 8a) Page 4 Title: Target Knollwood – Boone Avenue reconstruction – conditional use permit Bus route: The bus route and stops located along Boone Avenue will be rerouted through the parking lot during construction. Landscaping: Target proposes to remove 15 trees in the vicinity of the proposed compensatory storage pond. The trees will be replaced in the same vicinity along Boone Avenue and around the new pond. Sidewalks: There are sidewalks along the west and south sides of the portion of Boone Avenue adjacent to the Minnehaha Creek and 37th Street West. The sidewalks will be replaced in a similar manner and location. There are also sidewalks on both sides of the north portion of Boone Avenue extending south from 36th Street West. These sidewalks will remain as is. Utility: CenterPoint Energy and Century Link submitted an objection letter regarding the existing gas line and communication line located under Boone Avenue. They requested an easement or similar resolution to protect the existing utility. Target is working with them to provide an easement as requested, and this has been made a condition of approval. Floodplain impacts: A portion of Boone Avenue is within the Minnehaha Creek floodway. This section of Boone Avenue is subject to periodic flooding and road closures. The project would reduce the chance of flooding and road closures by raising this section of Boone Avenue so that its surface is above the flood elevation. The floodplain elevation is 902.8, the lowest proposed road elevation is 903. Compensatory flood storage: This project would add fill to raise Boone Avenue out of the Minnehaha Creek one percent chance floodplain. Regulations require compensatory storage for any fill placed under the one percent chance flood elevation at a 1:1 replacement. The project proposes 522 cubic yards of fill, thus requiring 522 cubic yards of compensatory storage. The proposed wet pond provides 971 cubic yards of storage between the ordinary water level (899.40) and one percent chance flood level (902.80) of Minnehaha Creek. This would provide 449 cubic yards more storage than required, and therefore meets and exceeds the code requirement. City code allows fill to be placed in a floodplain by conditional use permit. It also requires the city to consider the following: a. All relevant factors specified in other sections of the zoning ordinance. All sections of the zoning ordinance have been considered in this project. b. The danger to life and property due to increased flood heights or velocities caused by encroachments. The intent of this project is to raise the road elevation to reduce the danger to life and property. c. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. There are no components of the road that can breakaway and be washed downstream. d. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. The water supply and City council meeting of April 5, 2021 (Item No. 8a) Page 5 Title: Target Knollwood – Boone Avenue reconstruction – conditional use permit sanitation sewer systems are not located within the scope of this project. They are located approximately 300 feet away. e. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. The f ill is located at the edge of a backwater part of the floodplain and does not affect the flow. f. The importance of the services provided by the proposed facility to the community. Raising the elevation of the road will prevent future road closures and potential damage to property. g. The requirements of the facility for a waterfront location. The road is existing and being improved to prevent being flooded. h. The availability of alternative locations not subject to flooding for the proposed use. The road is existing and being improved to prevent future flooding. i. The compatibility of the proposed use with existing development and the development anticipated in the foreseeable future. The road is existing and services existing development. j. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. The project will reduce the frequency of the road being closed due to flooding. The project also proposes more compensatory storage than is required. k. The safety of access to the property in times of flood for ordinary and emergency vehicles. The purpose of the project is to improve safety by raising the existing road above the flood elevation. l. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. Each of these criteria were considered in the calculations. The fill is minimal and twice the compensatory storage is being proposed. The fill is located at the fringe of a backwater portion of the creek and does not impact the flow. m. Such other factors which are relevant to the purposes of this division. There are no other factors that impact the review or project. Next steps: If approved, work will begin in spring 2021. City council meeting of April 5, 2021 (Item No. 8a) Page 6 Title: Target Knollwood – Boone Avenue reconstruction – conditional use permit Resolution No. 21-____ Resolution approving a conditional use permit to place 522 cubic yards of fill in the Minnehaha Creek floodplain for the purpose of raising Boone Avenue above the floodplain elevation Whereas, Target Corporation applied for a conditional use permit to place 522 cubic yards of fill in the Minnehaha Creek floodplain ; and Whereas, Target Corporation intends to reconstruct Boone Avenue from 36th Street West to 37th Street West. The reconstruction involves raising a portion of Boone Avenue above the Minnehaha Creek floodplain to reduce the frequency of road closures due to Boone Avenue being inundated by flood waters from Minnehaha Creek; and Whereas, a minimum of 522 square feet of compensatory storage is required to mitigate the fill placed in the floodplain. Target Corporation will construct approximately 971 square feet of compensatory storage which exceeds code requirements; and Whereas, plans for the Boone Avenue reconstruction and floodplain impacts were reviewed by the Minnehaha Creek Watershed District, MNDNR, and Minnesota Board of Water and Soil Resources. Approval of permits for the project is a condition of approval; and Whereas, the City of St. Louis Park Planning Commission held a public hearing and recommended adoption of an amendment to said Plan on March 3, 2021; and Whereas, the City Council considered the advice and recommendation of the Planning Commission; and Whereas, the contents of Planning Case File 21-03-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case; and Now therefore be it resolved by the City Council of St. Louis Park that the conditional use permit to place 522 cubic yards of fill in the Minnehaha Creek floodplain as indicated in the Boone Avenue reconstruction plans, which are adopted by referenced, is hereby approved with the following conditions: 1. The site shall be developed, used, and maintained in accordance with the approved official exhibits. 2. Assent Form and official e xhibits shall be signed by the applicant. 3. Prior to starting any land disturbing activities, the following conditions shall be met: a. Assent Form and Official Exhibits shall be signed by the applicant. b. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and city representatives. c. All necessary permits shall be obtained. City council meeting of April 5, 2021 (Item No. 8a) Page 7 Title: Target Knollwood – Boone Avenue reconstruction – conditional use permit d. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park for all public improvements (street, sidewalks, boulevards, utility, streetlights, landscaping, etc.) and landscaping. e. Final construction plans for all improvements shall be signed by a registered engineer and submitted to the City Engineer for review and approval. 4. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. Monday through Friday, and between 10 p.m. and 9 a.m. on weekends and holidays. b. The site shall be kept free of dust and debris that could blow onto neighboring properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The City shall be contacted a minimum of 72 hours prior to any work in a public street. e. Work in a public street shall take place only upon the determination by the City Engineer (or designee) that appropriate safety measures have been taken to ensure motorist and pedestrian safety. f. Care shall be taken on protect the signal loops in Boone Avenue at 36th Street West. Target will replace the loops if damaged. g. If the geofoam used in the construction of 37th Street West is damaged, then it will be replaced by Target. h. The reconstructed Boone Avenue shall extend up to the edge of the 37th Street West overlay completed five years ago. i. The crosswalk at the south leg of the intersection of Boone Avenue and 36th Street West shall be replaced with ground in-thermoplastic crosswalk blocks. Any other pavement markings shall be replaced with in-kind materials. j. The striping at the south leg of the intersection of Boone Avenue is to be replaced with epoxy paint or ground in thermoplastic. k. Install the “turn” storm structure for the storm sewer entering the new pond outside of the sidewalk. 5. Maintain a minimum boulevard five feet in width between street curb and sidewalk except where the existing fence around the pond prevents this. 6. Update the detail plates to the current city details. 7. CenterPoint Energy and Century Link provide written approval of the project and that their objection has been resolved. 8. Use MNDOT specified pond or wet prairie seed mix around the pond. 9. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 10. The conditional use permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. City council meeting of April 5, 2021 (Item No. 8a) Page 8 Title: Target Knollwood – Boone Avenue reconstruction – conditional use permit Reviewed for administration: Adopted by the City Council April 5, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Date No. Description 1000 NICOLLET MALL MINNEAPOLIS, MN 55403 Drawn By Checked By Project Number T-2189 R Config: 2020 KIMLEY-HORN AND ASSOCIATES, INC. 767 EUSTIS ST, SUITE 100, ST. PAUL, MN 55114 PHONE: 651-645-4197 WWW.KIMLEY-HORN.COM ST. LOUIS PARK, MINNESOTABOONE AVE SOUTHST. LOUIS PARK, MN 55426This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.K:\TWC_LDEV\TARGET\T_2189_St Louis Park_MN\3 Design\CAD\PlanSheets\C0-COVER SHEET.dwg February 24, 2021 - 4:54pmP R E L I M I N A R Y RAH / EW RAH 1/25/2021 0 CITY / WATERSHED SUBMITTAL 2/24/2021 1 CITY / WATERSHED RE-SUBMITTAL NORTH VICINITY MAP N.T.S.SITE - BOONE AVE ST. LOUIS PARK, MINNESOTA 1. CONTRACTOR SHALL CONFIRM THAT THE EXISTING CONDITIONS FOR THE SITE MATCH WHAT IS SHOWN ON THE DRAWINGS INCLUDED PRIOR TO CONSTRUCTION. 2. IF REPRODUCED, THE SCALES SHOWN ON THESE PLANS ARE BASED ON A 36X48 INCH SHEET. 3. ALL NECESSARY INSPECTIONS AND/OR CERTIFICATIONS REQUIRED BY CODES AND/OR UTILITY SERVICES COMPANIES SHALL BE PERFORMED PRIOR TO ANNOUNCED BUILDING POSSESSION AND THE FINAL CONNECTION OF SERVICES. 4. ALL GENERAL CONTRACTOR WORK TO BE COMPLETED (EARTHWORK, FINAL UTILITIES, AND FINAL GRADING) BY THE MILESTONE DATE IN PROJECT DOCUMENTS. PROJECT TEAM: SURVEYOR EGAN, FIELD & NOWAK, INC. 1229 TYLER STREET NE, SUITE 100 MINNEAPOLIS, MN 55413 TELEPHONE: (612) 466-3300 CONTACT: ERIC ROESER, PLS ENGINEER / LANDSCAPE ARCHITECT KIMLEY-HORN AND ASSOCIATES, INC. PREPARED BY: BRIAN WURDEMAN, P.E./ RYAN HYLLESTED P.L.A. 767 EUSTIS STREET, SUITE 100 ST. PAUL, MN 55114 TELEPHONE (651) 645-4197 OWNER / DEVELOPER TARGET 1000 NICOLLET MALL MINNEAPOLIS, MN 55403 BOONE AVENUE RECONSTRUCTION T-2189 FOR SITE DEVELOPMENT PLANS Know what'sbelow. before you dig.Call EMAIL: ZACK.KARTAK@TARGET.COM CONTACT: ZACK KARTAK, P.E. | SR. DEVELOPMENT MANAGER NORTH SITE MAP 1" = 50' HWY 7 W 36TH ST C000 02/24/2021 COVER SHEET A Q U I L L A A V E S W 37TH STHWY 169BLAKE RD NGEOTECHNICAL ENGINEER BRAUN INTERTEC 1826 BUERKLE RD SAINT PAUL, MN 55110 TELEPHONE: (612) 221-2504 CONTACT: STEVE MARTIN, P.E. SEE SHEETS: C201, C301, C303, C401, C501, C601, L101 W 36TH ST SE E S H E E T S : C20 0 , C 3 0 0 , C 3 0 2 , C 4 0 0 , C 5 0 0 , C 6 0 0 , L 1 0 0 BOONE AVE RECONSTRUCTION SHEET NO SHEET TITLE C000 COVER SHEET V000 ALTA SURVEY V001 ALTA SURVEY V002 ALTA SURVEY V003 ALTA SURVEY C001 GENERAL MASTER PLAN C100 GENERAL NOTES C200 EXISTING CONDITIONS - DEMO PLAN C201 EXISTING CONDITIONS - DEMO PLAN C300 PHASE 1 EROSION AND SEDIMENT CONTROL PLAN C301 PHASE 1 EROSION AND SEDIMENT CONTROL PLAN C302 PHASE 2 EROSION AND SEDIMENT CONTROL PLAN C303 PHASE 2 EROSION AND SEDIMENT CONTROL PLAN C304 SWPPP C400 PLAN & PROFILE C401 PLAN & PROFILE C500 GRADING PLAN C501 GRADING PLAN C502 TYPICAL SECTIONS C600 TRAFFIC CONTROL PHASING PLAN C601 TRAFFIC CONTROL PHASING PLAN C700 GENERAL DETAILS C701 GENERAL DETAILS L100 LANDSCAPE PLAN L101 LANDSCAPE PLANMINNEHAHA CREEKBOONE AVE37TH ST WEST City council meeting of April 5, 2021 (Item No. 8a) Title: Target Knollwood – Boone Avenue reconstruction – conditional use permit Page 9 Meeting: City council Meeting date: April 5, 2021 Action agenda item: 8b Executive summary Title: Nordic Ware Building 9 Recommended actions: • Motion to approve first reading of Ordinance vacating portions of storm sewer easement, forced main sewer easement, and drainage and utility easement, and set the second reading for April 19, 2021 (requires five affirmative votes); and • Motion to adopt Resolution approving the amendment to the special permit; and • Motion to approve first reading of Ordinance amending Section 36-244(e)(6) of the zoning code and set the second re ading for April 19, 2021. Policy consideration: Is the council supportive of vacating portions of easements on the property? Does the project meet the requirements for an amendment to a special permit? Is the council supportive of the proposed zoning text amendment? Summary: Dalquist Properties proposes a 45,000 square foot expansion of warehouse and loading dock operations at the Nordic Ware campus at 5005 Highway 7 (County Road 25). The proposal includes a small café in the southeast corner. The applicant requests the city vacate obsolete easements in the project area, amend the existing special permit, and amend the zoning text related to the conditions of food service uses in the I-G general industrial zoning district, in order to proceed with the project. Planning commission held a public hearing on the special permit and zoning ordinance applications on February 24, 2021 and no member of the public spoke. The commission voted five to zero to recommend approval of the special permit amendment and zoning text amendment. City council is scheduled to hold the public hearing for the easement vacations earlier in the agenda on April 5, 2021. Financial or budget considerations: Not applicable Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion; Aerial photo of project site ; V acation ordinance; New easement exhibit; Resolution amending the special permit; Zoning text amendment ordinance ; Zoning map; Neighborhood meeting notes; Planning commission unofficial meeting minutes ; Site photos and renderings; Project plans Prepared by: Jacquelyn Kramer, associate planner Reviewed by: Sean Walther, planning and zoning supervisor Karen Barton, community development director Approved by: Tom Harmening, city manager City council meeting of April 5, 2021 (Item No. 8b) Page 2 Title: Nordic Ware Building 9 Discussion Background: The applicant proposes a 45,000 square foot expansion of the warehouse and loading dock operations at Nordic Ware on the east side of their building. A 37-stall surface parking lot would be constructed north of the building expansion and loading area. The proposed building, called Building 9, also includes a 1,724 square foot café in the southeast corner of the campus. On-site renewable energy: The south side of the proposed building will contain a solar panel array that will generate approximately 100kw of electricity . Landscaping and sustainability features: The landscape plan meets minimum tree and shrub planting requirements in the zoning code. The applicant followed staff guidance and proposed tree plantings in the right-of-way just north of the property and south of the pedestrian bridge for increased screening of the new docking bays. The landscape plan also includes a rain garden west of the parking lot. Utilities: An existing stormwater pipe runs under the existing parking lot and serves much of the Nordic Ware campus and a larger subwatershed district. As part of the project, the applicant will rebuild portions of the pipe and dedicate new easement ranging from 20 to 40 feet in width and centered over the line to ensure future maintenance access. The development will place fill over the line which will increase the depth of the pipe. Stormwater management: The project will comply with all city and Minnehaha Creek Watershed district permit requirements. An underground stormwater management system is proposed under the new parking lot. The existing pond west of the project area will be protected during construction and unaltered by the project. Previous city approvals: City council approved a special permit on the site on August 6, 1990 (Resolution No. 90-105) to allow construction of the manufacturing and warehouse facility. Since then the campus has undergone numerous building expansions and site improvements. Council most recently approved an amendment to the special permit on November 16, 2020 (Resolution No. 20-166) in order to construct a building addition and new surface parking lot west of the current project site (referred to as Building 8). Present considerations: The applicant requests the following: 1. Vacation of portions of storm sewer, forced main sewer, and drainage and utility easement; 2. An amendment to the special permit; and 3. A zoning text amendment to Section 36-244(e)(6) to change the conditions required for food service uses in the I-G zoning district. Easement vacations: The current plat for the Nordic Ware campus contains storm sewer and forced main sewer easement that do not serve a public purpose or are larger than needed. As part of the project, the applicant will dedicate new easement over the existing storm sewer that runs east-west across the project site. Once the new easement is dedicated, the old City council meeting of April 5, 2021 (Item No. 8b) Page 3 Title: Nordic Ware Building 9 easement over the storm sewer will no longer serve a public purpose. Planning commission and city staff support the request to vacate the easements in the vacation request. Special permit amendment: The proposed building expansion requires an additional amendment to the special permit. The project must meet certain general review requirements for the amendment to the special permit to be approved per city code. Those requirements, the staff and planning commission findings in support of the request, and recommended conditions of approval are outlined in detail in the special permit amendment resolution of approval attached at the end of this report. The proposed warehouse use is permitted in the I-G zoning district. Zoning text amendment: The proposed café is a food service use and allowed with conditions as an accessory use in the I-G zoning district. The applicant seeks a zoning text amendment to change the conditions required for food service uses in this district. Existing food service regulations in the I-G zoning district: Section 36-244(e)(6) of the zoning code imposes the following conditions on food service uses in the I-G district: 1. Service shall be intended primarily for tenants of the development. 2. It shall not occupy more than five percent of the gross floor area of the development. 3. Seating may be provided for more than 10 persons. 4. Signs are not permitted. Summary of amendment: The applicant proposes eliminating conditions 1 and 4 from the list above, in order for the café to serve trail and light rail station users in addition to Nordic Ware employees. By eliminating condition 4, any signs associated with the food service use would be allowed provided they comply with the typical sign requirements for the I-G general industrial zoning district. The ordinance amending the zoning code is attached to this report. Existing food service regulations: City of St. Louis Park allows food service in the following zoning districts: • MX-1 and MX-2 mixed use zoning districts permit food service uses by right. • C-1 Neighborhood Commercial allows food service as an accessory use with no conditions, and as a primary use with the following conditions: o Access shall be to a roadway identified in the comprehensive plan as a collector or arterial roadway, or shall be otherwise located so that access can be provided without generating significant traffic on local, residential streets. o No building may be located within 25 feet of any parcel that is zoned reside ntial and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. • C-2 General Commercial allows food service as an accessory use with no conditions and as a primary use with the condition that the building shall be located a minimum of 25 feet from any parcel that is zoned residential and used or subdivided for residential, or City council meeting of April 5, 2021 (Item No. 8b) Page 4 Title: Nordic Ware Building 9 has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. • O Office allows food service as an accessory use with no conditions. • BP Business Park allows food service as an accessory use with the following conditions: o The use must be located on the ground floor. o The use may not exceed 25% of the building’s total floor area. • I-P Industrial Park allows food service as an accessory use with the same conditions as the I-G zoning district. The industrial zoning districts currently allow food service with greater seating than in other zoning districts. While this text amendment does not change this requirement in the I-G zoning district, the applicant has reduced the café size in order to minimize vehicular traffic generated from the café. The café signs and entrances are oriented to pedestrian and bicycle traffic along the trail. Staff find the proposed zoning code text amendment allows accessory food services in the I-G zoning district to function in a similar manner to accessory food service uses in other districts. The amendment gives businesses some flexibility in how they provide food service to employees and customers while preserving the primary purpose of the I-G zoning district, which is to provide locations for industrial enterprises large and small. While the amendment is proposed by a specific business, it is important to note that the ordinance, if approved, would apply to all properties in the I-G General Industrial district. Therefore, it is important to consider the geographic scope of the properties in the city that are zoned I-G General Industrial, not just the applicant’s property . Zoning Map: The I -G General Industrial district is shaded dark gray in the attached zoning map. The amendment, if approved, would apply to each of these areas as long as the business is able to meet the conditions associated with accessory food services and other rele vant requirements in the zoning code. The general location of the city’s I-G districts are described below. Louisiana Ave S and Oxford St: This area includes a variety of industrial uses along Oxford Street and a short section of Cambridge Street between Edgewood Avenue South and the railroad tracks. This area is serviced by the Louisiana Avenue light rail station. It includes uses such as the Municipal Service Center and Japs Olson both located west of Louisiana Avenue South. Highway 100 and County Road 25: This area includes the project site at the Nordic Ware facility and Extra Space self -storage. Southwest corner of Highway 100 and Cedar Lake Road: This area includes Westside Center and an autobody repair shop. There are two other small areas that include one industrial building at the south west corner of Alabama Avenue South and 36th Street West used mainly for storage by Nordic Ware, but also includes the Jonny Pops manufacturing facility. There is also a property south of Cedar Lake Road near Edgewood Avenue South which is used by the city as part of its streets and City council meeting of April 5, 2021 (Item No. 8b) Page 5 Title: Nordic Ware Building 9 operations services. Neighborhood meeting: The project team held an online neighborhood meeting on February 11, 2021. The team gave a short presentation on the history of Nordic Ware and the current project. While no residents were on the call, Mayor Spano, Councilmember Kraft and Councilmember Dumalag attended and discussed the project with the development team. Please see the meeting notes attached to this report. Planning commission: The planning commission held a public hearing on February 24, 2021 and no member of the public spoke. The commission voted five to zero to recommend approval of the amendment to the special permit and the zoning text amendment. Next steps: If approved, the city council would hold a second reading of the ordinance on April 19, 2021, regarding the easement vacations. City council meeting of April 5, 2021 (Item No. 8b) Page 6 Title: Nordic Ware Building 9 Aerial photograph of project site Project area Nordic Ware campus Parcel boundary Site of proposed cafe City council meeting of April 5, 2021 (Item No. 8b) Page 7 Title: Nordic Ware Building 9 Ordinance No. ___-21 An ordinance vacating part of storm sewer easement, forced main sewer easement, and drainage and utility easement The City of St. Louis Park does ordain: Section 1. The petition to vacate part of storm sewer easement, forced main sewer easement, and drainage and utility easement was initiated by Dalquist Properties LLP. The notice of said petition has been published in the St. Louis Park Sailor on March 25, 2021, and the City Council has conducted a public hearing upon said petition and has determined that the easements are not needed for public purpose, and that it is for the best interest of the public that said easements be vacated. Section 2. The portions of storm sewer, forced main sewer, and drainage and utility easements as now dedicated and laid out within the corporate limits of the City of St. Louis Park and shown in Exhibits A and B, are vacated: That part of the Storm Sewer and Forced Main Sewer Easements lying within in Lot 1, Block 1, DALQUIST INDUSTRIAL PARK 2ND ADDITION, Hennepin County, Minnesota dedicated and described per Document Number 5182033 as follows: Lots 6, 7 and 8 and Lots 17 through 20 inclusive, Block 2, LEWISTON PARK, Hennepin County, Minnesota, subject to a storm sewer and forced main sewer easement 30.00 feet in width, the center line of which is described as beginning at a point in the west line of said Block 2, distant 77.00 feet north of the southwest corner of Lot 17; thence easterly to a point on the east line of said Block 2, distant 38.00 feet north of the southeast corner of said Block 2 and there terminating. And Lots 5 to 8 inclusive, Block 3, LEWISTON PARK, Hennepin County, Minnesota, subject to a storm sewer and forced main sewer easement over the entire parcel. And All those parts of the Drainage and Utility Easements dedicated in Lot 1, Block 1, DALQUIST INDUSTRIAL PARK 2ND ADDITION, Hennepin County, Minnesota, lying to the right of the following described line: Commencing at the southeast corner of said Lot 1; thence on an assumed bearing South 64 degrees 22 minutes 03 seconds West, along the south line of said Lot 1, a distance of 10.30 feet to the point of beginning of said line to be described; thence northerly 133.74 feet, along a non-tangential curve, concave to the east, having a radius of 1327.10 feet, a central angle of 5 degrees 46 minutes 26 seconds, a chord that bears North 8 degrees 56 minutes 34 seconds West and a chord length of 133.68 feet; thence North 89 degrees 42 minutes 09 s econds West, not tangent to said curve, 207.94 feet; thence South 82 degrees 22 minutes 47 seconds West 44.00 feet; thence South 01 degree 47 minutes 42 seconds East 21.00 feet; thence South 74 degrees 08 minutes 16 seconds West 195.00 feet; thence North 26 degrees 17 City council meeting of April 5, 2021 (Item No. 8b) Page 8 Title: Nordic Ware Building 9 minutes 02 seconds West 23.00 feet; thence North 15 degrees 10 minutes 12 seconds East 32.00 feet; thence North 82 degrees 18 minutes 01 second East 73.00 feet; thence North 5 degrees 58 minutes 31 seconds East 47.80 feet; thence North 57 degrees 11 minutes 42 seconds West 93.34 feet to a north line of said Lot 1 and said line there terminating. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be, and to publish the Summary Ordinance in the official newspaper ordinance , upon receipt of evidence that a new drainage and utility easement has been recorded to provide a public easement over the existing storm sewer main. Section 4. This ordinance shall take effect upon receipt of evidence that a new drainage and utility easement has been recorded, and no sooner than May 14, 2021. Reviewed for administration: Adopted by the City Council April 19, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First reading April 5, 2021 Second reading April 19, 2021 Date of publication April 29, 2021 Date ordinance takes effect Upon receipt of evidence that a new drainage and utility easement has been recorded, and no sooner than May 14, 2021. City council meeting of April 5, 2021 (Item No. 8b) Page 9 Title: Nordic Ware Building 9 Exhibit A: storm sewer and forced main sewer easement vacation City council meeting of April 5, 2021 (Item No. 8b) Page 10 Title: Nordic Ware Building 9 Exhibit B: drainage and utility easement vacation City council meeting of April 5, 2021 (Item No. 8b) Page 11 Title: Nordic Ware Building 9 New easement legal description City council meeting of April 5, 2021 (Item No. 8b) Page 12 Title: Nordic Ware Building 9 New easement exhibit City council meeting of April 5, 2021 (Item No. 8b) Page 13 Title: Nordic Ware Building 9 Resolution No. 21-____ Amends and restates Resolution Nos. 90-105, 08-160 and 20-166 Resolution amending and restating Resolution No s. 90-105, 08-160 And 20-166 related to an existing special permit under Section 36 -67 of the St. Louis Park Zoning Ordinance Code to allow an expansion of the warehouse facilities at 5005 Highway 7 Whereas, Nordic Ware (Dalquist Properties, LLP) has made application to the City of St. Louis Park City Council for an amendment to an existing special permit under Section 36-67 of the St. Louis Park Ordinance Code to allow an expansion of the warehouse facilities at 5005 Highway 7 within the I-G General Industrial zoning district having the following legal description: Lot 1, Block 1, Dalquist Industrial Park 2nd Addition Whereas, the City Council has considered the information related Planning Case no. 21- 01-SP and the effect of the proposed expansion of warehouse facilities on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on the value of properties in the surrounding area and the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance; and Whereas, a special permit was issued regarding the subject property pursuant to Resolution No. 90-105, 08-160 and 20-166 of the St. Louis Park City Council which contained conditions applicable to said property; and Whereas, an amendment to the special permit to allow a building expansion was approved pursuant to Resolution No. 08-160 of the St. Louis Park City Council dated December 15, 2008 wh ich contained conditions applicable to said property; and Whereas, an amendment to the special permit to allow a building expansion and site improvements was approved pursuant to Resolution No. 20-166 of the St. Louis Park City Council dated November 16, 2020 which contained conditions applicable to said property; and Whereas, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and Whereas, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution Nos. 90-105, 08-160 and 20-166 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; Whereas, the contents of Case No. 21-01-SP are hereby entered into and made part of the public hearing record and the record of decision for this case. Now therefore be it resolved that Resolution Nos. 90-105, 08-160 and 20-166 is hereby restated and amended by this resolution which continues and amends a special permit to the City council meeting of April 5, 2021 (Item No. 8b) Page 14 Title: Nordic Ware Building 9 subject property for the purposes of permitting the expansion of warehouse facilities within the I-G General Industrial Zoning District at the location described above based on the following conditions: 1. That the site shall be developed, used and maintained in accordance with Exhibit A — Plat; Exhibit C — General Drainage Plan; Exhibit E — Northland Aluminum Co. Warehouse Floor Plan and Elevation Plan; Exhibit F — Maid of Scandinavia Site Plan — Landscape Plan; Exhibit G — Maid of Scandinavia Elevation Plan; Exhibit H — Maid of Scandinavia Garage Plan as modified on June 2, 1982 by the Planning Department; Exhibit J — Site Plan; Exhibit K — Elevation Plan; Exhibit M — Elevation Plan; Exhibit N — Mezzanine Plan; Exhibit P — 1981 Construction Phase; and Exhibit Q— Office — Wareho use Elevation Plan. (Exhibit J replaced with Exhibit U by Condition No. 15). 2. All electric, gas, water, sanitary sewer, telephone and other utilities shall be placed underground. 3. The private roadway with a minimum width of 24 feet shall have a poured-in -place concrete curb at least 6 inches high. Said road and curb shall be constructed at standards acceptable to the City Engineer. Said road shall be designated as a fire lane, shall not be used for parking, and shall be kept clean and free from potholes and maintained thereafter. 4. Signs shall be limited to name plate signs, symbols, logos and architectural features that identify a particular business, service or good which is provided on the site. All the signs shall meet the following conditions: a. Billboards are hereby prohibited. b. All new signs are to be integrated with the architecture of the buildings and there shall be no more than one free standing sign per lot and said sign shall not exceed 200 square feet in total sign area and 25 feet in height. The pylon (elevator) is excluded from this requirement. c. Lighting for signs shall be interior or indirect so that light rays are not directly visible beyond the lot lines. 5. New buildings in the development and any major alterations or modifications to the existing building shall be done so that the architectural treatment of the exterior of the building is equal in standard or exceeds the standard set by the existing building on Lot 2 and the proposed building on Lot 1. 6. The City shall be given the necessary easement for a north-south pedestrian walkway at least 30 feet wide in the vicinity of Ottawa extended or east within 60 days after the specific location is approved by the City Council. 7. There shall be no outside storage of equipment, raw materials, chemicals or waste with the exception of the trash container between Buildings 2 and 5. 8. All rooftop equipment shall be painted a light blue and maintained in that fashion. 9. Parking lot striping shall be completed by October 1, 1983. 10. No additional building permits shall be issued until the outside storage of materials on the west side of Building 5 is discontinued. 11. The office-warehouse addition shall be completed by October 30, 1984. 12. The metal building on the east end of the property shall be removed by October 30, 1988. City council meeting of April 5, 2021 (Item No. 8b) Page 15 Title: Nordic Ware Building 9 13. That a building to house an outer marker beacon is hereby permitted, subject to the following: a. That an outer marker beacon facility consisting of a building and antenna partly enclosed by a decorative fence no more than 6 feet high without barbed wire and landscaping consisting of deciduous and coniferous trees and shrubs shall be permitted at the east end of the property in accordance with Exhibit R - Outer Marker Beacon Plan, Exhibit S - Outer Marker Beacon Landscape Plan and Exhibit T - Outer Marker Beacon Elevation Plan. Said exhibits are applicable only for the outer marker beacon area. b. Said improvements including decorative fence and landscaping shall be completed by May 15, 1988. 14. That a building addition housing a two-way forklift corridor between building one and building three is hereby permitted to be constructed over the existing utility easement. 15. That Exhibit J referred to in Condition 1 be replaced w1th Exhibit U, Site Plan. 16. That all existing utilities to be located under the building addition, as described under condition number 14 above, be protected by placing them in an approved casing extending a minimum of 8 feet beyond the building on both the east and west sides. 17. That construction plans for the building and utility casing be approved and signed by a structural engineer registered in the State of Minnesota and that structural plans must be approved by the City Engineering Department prior to issuance of a building permit. 18. That an agreement acceptable to the City be entered into by the City Manager on behalf of the City and the landowner identifying the conditions under which the building may be constructed over the easement and holds the City harmless prior to issuance of a building permit. 19. That, prior to issuance of Certificate of Occupancy, an agreement be reached between the applicant and the Fire Department to eliminate the fire hazard within the complex. 20. The special permit shall be amended on December 15, 2008 to incorporate all of the preceding conditions and add the following conditions: a. Approval is granted for a 60,000 square foot expansion of warehouse space on the site. b. The site shall be developed, used and maintained in accordance with exhibits incorporated by reference herein. c. Prior to starting any site work, the following conditions shall be met: i. A pre -excavation conference shall be held with the appropriate development, construction and city representatives. ii. All necessary erosion control permits shall be installed. iii. All necessary permits must be obtained. iv. The Plat of DALQUIST INDUSTRIAL PARK 2ND ADDITION, approved on April 9, 2007 shall be filed. v. The site plan shall be revised to include a fence and vegetative screening of the east loading docks from the trail to the south. vi. The site plan shall be revised to include landscape islands as required by the Zoning Ordinance in the east parking lot. City council meeting of April 5, 2021 (Item No. 8b) Page 16 Title: Nordic Ware Building 9 d. The applicant shall comply with the following conditions during construction: i. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends. ii. The site shall be kept free of dust and debris that could blow onto neighboring properties. iii. Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of excavation on surrounding properties. e. Fire lanes shall be signed in accordance with the Official Exhibits and the requirements of the Fire Marshal. f. Following construction of the warehouse expansion, outdoor storage, including the storage of semi-truck trailers, shall be prohibited, except that incidental, temporary outdoor storage shall be permitted for a time period not to exceed 24 hours. g. On-site signage shall at all times comply with the requirements of the Zoning Ordinance. 21. The special permit shall be amended on November 16, 2020 to incorporate all of the preceding conditions and add the following conditions: a. The site shall be developed, used and maintained in accordance with the conditions of this ordinance, approved Official Exhibits, and City Code. b. Subject to city council approval of the partial easement vacation, relocating the water main, and providing additional public drainage and utility easement over the relocated water main. c. Construction and staging information will be provided to staff for review and approval before building permits are issued. d. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building design and 100% screened from off-site with materials consistent with the primary façade materials. e. The property owner will be responsible for performing maintenance on the access located in the Quentin Avenue South right-of-way south of the South CSAH 25 Frontage road curb line. This includes patching, snow removal, sweeping, repaving, general repair and replacement. It will be considered a private driveway on public right -of-way. f. Prior to starting any land disturbing activities, except demolition, the following conditions shall be met: i. The owner shall sign the city's assent form and the official exhibits. ii. Construction and staging information will be provided to staff for review and approval. iii. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and city representatives. iv. All necessary permits shall be obtained. g. Prior to issuance of building permits, the following conditions shall be met: City council meeting of April 5, 2021 (Item No. 8b) Page 17 Title: Nordic Ware Building 9 i. The developer shall sign the city's assent form and the official exhibits. ii. Final construction plans for all public improvements and private stormwater system shall be signed by a registered engineer and approved by the city Enginee r. iii. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park in the amount of 125% of the cost for all public improvements (street, sidewalks, utility, etc.) and landscaping. iv. The property owner enters into an encroachment agreement with the city to allow the parking lot to encroach onto city right-of-way. v. Record the new easement over the relocated water main, resulting in 20-wide easement centered on the location of the new water main. vi. Building material samples, including physical samples and product specifications, will be reviewed and approved by city staff. h. The developer shall comply with the following conditions during construction: i. All city noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. Monday through Friday, and between 10 p.m. and 9 a.m. on weekends and holidays. ii. The site shall be kept free of dust and debris that could blow onto neighboring properties. iii. Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv. The City shall be contacted a minimum of 72 hours prior to any work in a public street. v. Work in a public street shall take place only upon the determination by the city engineer (or designee) that appropriate safety measures have been taken to ensure motorist and pedestrian safety. vi. The developer shall install and maintain chain link security fencing that is at least six feet tall along the perimeter of the site. All gates and access points shall be locked during non-working hours. vii. Temporary electric power connections shall not adversely impact surrounding neighborhood service. i. Prior to the issuance of any permanent certificate of occupancy permit the public improvements, private utilities, site landscaping and irrigation, and storm water management system shall be installed in accordance with the official exhibits and the required 20-foot wide public drainage and utility easement is provided over the new water main. j. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. k. The special permit shall be revoked and cancelled if the building or structure for which the special permit is granted is removed. 22. The special permit shall be amended on April 5, 2021 to incorporate all of the preceding conditions and add the following conditions: City council meeting of April 5, 2021 (Item No. 8b) Page 18 Title: Nordic Ware Building 9 a. The site shall be developed, used and maintained in accordance with the conditions of this ordinance, approved Official Exhibits, and City Code. b. Subject to city council approval of the easement vacation and providing additional public drainage and utility easement over the existing stormwater line. c. Construction and staging information will be provided to staff for review and approval before building permits are issued. d. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be integrated into the building design and 100% screened from off-site with materials consistent with the primary façade materials. e. Prior to starting any land disturbing activities, the following conditions shall be met: i. The developer shall sign the city's assent form and the official exhibits . ii. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and city representatives. iii. All necessary permits shall be obtained. f. Prior to issuance of building permits, the following conditions shall be met: i. The developer shall sign the city's assent form and the official exhibits. ii. Final construction plans for all public improvements and private stormwater system shall be signed by a registered engineer and approved by the city Engineer. iii. A performance guarantee in the form of cash escrow or irrevocable letter of credit shall be provided to the City of St. Louis Park in the amount of 125% of the cost for all public improvements (street, sidewalks, utility, etc.) and landscaping. iv. The developer shall pay a $32,270 fee into the tree replacement fund. v. Building material samples, including physical samples and product specifications, will be reviewed and approved by city staff. g. The developer shall comply with the following conditions during construction: i. All city noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. Monday through Friday, and between 10 p.m. and 9 a.m. on weekends and holidays. ii. The site shall be kept free of dust and debris that could blow onto neighboring properties. iii. Public streets shall be maintained free of dirt and shall be cleaned as necessary. iv. The City shall be contacted a minimum of 72 hours prior to any work in a public street. v. Work in a public street shall take place only upon the determination by the city engineer (or designee) that appropriate safety measures have been taken to ensure motorist and pedestrian safety. City council meeting of April 5, 2021 (Item No. 8b) Page 19 Title: Nordic Ware Building 9 vi. The developer shall install and maintain chain link security fencing that is at least six feet tall along the perimeter of the site. All gates and access points shall be locked during non-working hours. vii. Temporary electric power connections shall not adversely impact surrounding neighborhood service. h. Prior to the issuance of any permanent certificate of occupancy permit the public improvements, private utilities, site landscaping and irrigation, and storm water management system shall be installed in accordance with the official exhibits and the required 20 feet wide and 40 feet wide public drainage and utility easement is provided and centered over the stormwater line. i. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. j. The special permit shall be revoked and cancelled if the building or structure for which the special permit is granted is removed. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for administration: Adopted by the City Council April 5, 2020 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk City council meeting of April 5, 2021 (Item No. 8b) Page 20 Title: Nordic Ware Building 9 Ordinance No. ___-21 Ordinance regarding food service in the I-G General Industrial district The City of St. Louis Park does ordain: Whereas, an application was received from Dalquist Properties to amend the I-G General Industrial district to modify the conditions imposed upon food service uses, and Whereas, the City Council has considered the advice and recommendation of the planning commission (case no. 21-2-ZA), and Now, therefore be it resolved that the following amendments shall be made to the City Code: S ection 1. Chapter 36, Section 36-244(e)(6) of the St. Louis Park City Code is hereby amended to delete the following strikethrough text and add the following underlined text. Section breaks are represented by ***. (e) Accessory uses. The following uses shall be permitted within any I-G district: *** (6) Food service, subject to the following conditions: a. Service shall be intended primarily for tenants of the development. ab. It shall not occupy more than five percent of the gross floor area of the development. bc. Seating may be provided for more than ten persons. cd. Signs are not permitted. Section 2. This ordinance shall take effect fifteen days after publication. Reviewed for administration: Adopted by the City Council (insert date) Thomas K. Harmening, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First reading April 5, 2021 Second reading April 19, 2021 Date of publication April 29, 2021 Date ordinance takes effect May 14, 2021 MINNETONKA BLVD EXCELSIOR BLVDCEDAR LAKE RD34TH ST W WALKER ST LAKE ST W 27TH ST W ALABAMA AVE STEXAS AVE SFRANCE AVE SOXFORD STFLAG AVE SFLORIDA AVE SYOSEMITE AVE SGEORGIA AVE SIDAHO AVE SLIB R A R Y L N 41ST ST WJERSEY AVE SW O O D D A L E A V E SLOUISIANA AVE S38TH ST W 37TH ST W FORD RD KENTUCKY AVE SSHELARD PKWY CEDARLAKERDS35TH ST W VERNON AVE SGORHAM A V E PARK GLEN R D INGLEWOOD AVE SKIPLING AVE SBELT LINE BLVDBROWNDALEAVE39TH ST W CLUB RD MORNINGSIDE RDBRUNSWICK AVE SJOPPA AVE SHUNTINGTON AVE SVIRGINIA CIR N PARK PLACE BLVD S28TH ST WMELROSEAVE 25 1/2 ST W NORTH STZARTHAN AVE SBROOKSID E AVEMARYLAND AVE S31ST ST W 16TH ST W FORESTRD HAMILTON ST ZINRAN AVE SEDGEBROOK DRTOLEDO AVE SGOODRICH AVE B A S SWOOD RDUTICA AVE S1ST ST NW23RD ST W 361/2 ST W 36TH ST WELIOT VIEW RD 26TH ST W GLENHURST AVE S2ND ST NWXENWOOD AVE SWEBSTER AVE SAQUILALNS32ND ST W NEVADA AVE SM O N T E R E Y D R VIRGINIA CIR S NATCHEZ AVE SFRANKLIN AVE W 24TH ST WWESTWOODHILL S D R MEADOWBROOK RDVALLACH E R AVE DAKOTA AVE SSALEM AVE S22ND ST W LYNN AVE S43 1/2 ST W 40TH LN W 29TH ST W 40TH ST W OTTAWA AVE S25TH ST W BOONE AVE SW O O D D A L E A V E GAMBLE DR 30 1/2 ST W BR O W N L O W A V E BROOK AVE S34 1/2 ST W Q U E B E C A V E S14TH ST W BURDPL S TANLEN R D RALEIGH AVE SPARKLANDSRDMACKEY AVE SXYLONAVESSERVICERDP A R K C O M M O N S D RKILMER AVEVICTORIA W A Y SOUTH ST CEDARWOOD RDJORDAN AVE SP ARKER R D SUMTER AVE SCOLORADO AVE SDART AVE SUTAH AVE SAQUILAAVESCA V EL L A V ESKENTUCKYLN 22ND LN W 35 1/2 ST WRIDGE DRM O N I T O R S T BLACKSTONE AVE SVERMONT ST FORD LN RANDALL A V E 32 1/2 ST W EDGEWOOD AVE SWYOMING AVE ST A F T A V E S STEPHENS DRINDEPENDENCEAVES REPUBLIC A VEDECATURLN MONTEREY AVE SHAMPSHIRE AVE S13TH LN W CAVEL LLN PAR K C E N T E RBLVD13 1/2 ST W PRINCETON AVE SPARKDALE DR OREGON AVE SPHILLIPS PKWYLANCASTERAVEGLENHURSTR DVIRGINIAAV E S SBHWY100STOWBHWY7YUKON AVE S33RD ST W MEADOWBRO O K BLV D HIGHWOODRD GLEN PLSUMTERDRHILLSBOROAVES24TH CT W EXCELSIOR WAYV IC T O RIAC R V WOOD L A N D D R QUEBECDR DECATUR AVE SBROOKLNMINNEHAHA C IRSBROOKV I EW DR CEDAR S T O AK LEAFDR FO R E S T L N 42 1/2 ST WHILLLNSFRONTAGE RDWOOD LN LOUISIANA CT SFAIRWAY LNOAKPARK V I L L A G E D R T E X A T O N KAAVEJEWISHCCTU R N A R O U N D ENSIGN AVE SV IC TORIA C I R WILLOW LN SBOONE CTAUTO CLUB WAY DEVANEY ST FREDERI C K A V E AQUILA CIR S OTTAWA PLWESTRIDGE LN24TH PL W SUNSET RIDGE RDFORD CIR TEXAS CIR S ID AHO A VES 23RD ST W 34TH ST W 28TH ST WPENNSYLVANIAAVES DAKOTA AVE S29TH ST WBLACKSTONE AVE S32ND ST W AQUILAAVES MARYLAND AVE S18TH ST W 23RD ST W GETTYSBURG AVE SLAKE ST W36TH ST W 31ST ST W 2 3 R D STWQUEBEC AVE S31ST ST WUTAH AVE S34TH ST W COLORADO AVE SXENWOOD AVE S33RD ST WOREGON AVE SJOPPA AVE 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ST W HAMPSHIRE AVE SZARTHAN AVE SHUNTINGTONAVES42ND ST W 22ND ST W 32ND ST W FRANKLIN AVE W 24TH ST W 2 5 T H ST W 29TH ST W RALEIGH AVE S16TH STW RHODE ISLAND AVE S16TH ST W OTTAWA AVE SVIRGINIAAVESQUENTIN AVE S35TH ST W 16 TH S T W UTAH AVE SALABAMA AVE SSUMTER AVE S33RD ST W PENNSYLVANI AAV E SYUKON AVE SBOONE AVE SPENNSYLVANIA AVE SAQUILA AVE SGETTYSBURG AVE S14TH ST W XYLON AVE SCAVELL AVE S35TH ST WCOLORADO AVE S29TH ST W 39TH ST W OTTAWA AVE SXYLON AVE S14TH ST W OTTAWAAVESFLAG AVE SWEBSTER AVE SNEVADA AVE S37TH ST WUTAH AVE SHAMPSHIRE AVE SEDGEWOOD AVE SLYNN AVE SJOPPA AVE SALABAMA AVE S27TH ST WHAMPSHIRE AVE SVIRGINIA AVE S22NDSTW FLORIDA AVE SCAMBRIDGE ST 36TH ST W CAMBRIDGE ST RALEIGH AVE SXENWOOD AVE SRHODE I S L A N D A V E S 26TH ST W DAKOTA AVE SIDAHO AVE SQUEBEC AVE SINGLEWOOD AVE SSA L EM A V E S MEADOWBR O OKBLV DVIRGINIAAVES32ND ST W NATCHEZ AVE SQUEBEC AVE S28TH ST W WYOMINGAVESZARTHAN AVE S39TH ST W VERNON AVE SPRINCETON AVE SPRINCETON AVE SBRUNSWICK AVE SWALKER ST41ST ST WYOSEMITE AVE S26TH ST W UTICAAVESMONTEREY AVE SALABAMA AVE SFRANKLIN AVE W AQU IL A A V E S28TH ST W 29TH ST W 16TH ST W WEBSTER AVE SUTAH AVE SVIRGINIA AVE SPUD 1 PUD 2 PUD 4 PUD3 PUD 5 PUD 6 PUD 8 PUD 7 PUD 9 PUD 17 £¤ ?A@ £¤ £¤ \]^ \]^ ?A@ ?A@ GWX GWX GWX ?A@ GWX ?A@ GWX GWX GWX Westwood HillsNature Center Cedar Manor School Minneapolis Golf Club Knollwood Mall Benilde-St.MargaretSchool Bass LakePreserve Wolfe Park MeadowbrookGolf Course Louisiana Oaks Park Aquila Park St. Louis ParkSenior High School St. Louis ParkMiddle School MethodistHospital JewishCommunity Center ShelardPark City Hall Dakota Park Peter HobartSchool KeystonePark Hannon Lake Victoria Lake Cobble CrestLake Westwood Lake LamplighterPond MeadowbrookLake South OakPond Twin Lake City of MinnetonkaCity of Plymouth City of Golden Valley City of Hopkins City of Edina City of MinneapolisTDM Zone ATDM Zone B Recreation Center Fire Station#2 Oak HillPark MunicipalService Center Park NicolletClinic Fire Station#1 PoliceStation MinnehahaCreek PUD 10 PUD 13 PUD 12 PUD 11 PUD 14 PUD 15 PUD 16 5 5 7 3 3 5 7 17 25 100 100 100 394 394 169 169 169 Official Zoning Map Effective: August 11, 2020 Prepared by the City of St. Louis Park Community Development Department Zoning Districts TDM boundary FloodFringe POS Park and Open Space R-1 Single-Family Residence R-2 Single-Family Residence R-3 Two-Family Residence R-4 Multiple-Family Residence R-C High-Density Multiple-Family Residence M-X Mixed Use C-1 Neighborhood Commercial C-2 General Commercial BP Business Park O Office I-P Industrial Park I-G General Industrial PUD Planned Unit Development Floodplain FloodFringe Floodway Travel Demand Management Boundary ± 0 0.5 1 Miles PUD No. Ordinance No. 2471-15 2475-15 PUD-2 2483-15 2481-15 2502-16 PUD-4 2488-16 2489-16 2503-16 PUD-6 2501-16 2500-16 2517-17 PUD-8 2515-17 PUD-9 2518-17 PUD-10 2520-17 PUD-11 2531-18 PUD-12 2536-18 PUD-13 2538-18 PUD-14 2552-19 PUD-15 2582-20 PUD-16 2584-20 PUD-17 2588-20 PUD-1 PUD-3 PUD-5 PUD-7 Page 21City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 St. Louis Park Community Development Department • 5005 Minnetonka Blvd., St. Louis Park, MN 55416 www.stlouispark.org • Phone: 952.924.2575 • Fax: 952.928.2662 • TTY: 952.924.2518 Nordic Ware Building 9 project – 2/11/21 neighborhood meeting notes City representatives: Mayor Spano, Councilmember Kraft, Councilmember Dumalog, Jacquelyn Kramer, Sean Walther. We deliberately asked a few times to see if any residents wanted to speak but based on the silence, we don’t think anyone from the neighborhood tuned in. The rest of the attendees were with Nordic Ware or the project team. David Dalquist gave a summary of Nordic Ware’s growth over the last few years, particularly during the pandemic. David Haaland with Urban Works walked through some slides depicting the building: •“Building 9” expansion consists of warehouse space and a small grab and go coffee shop called the “Bundt Cafe”. •This expansion doubles the number of docking bays, but the team noted that all bays would not be in use at the same time. The expansion provides increased space for packaging and truck loading activities. •100KW of solar array on the south face of the new building. •Lots of landscaping to screen the view of the loading docks •No real parking set aside for drive up customers of the cafe - there is parking across Beltline, then the public walks over via the pedestrian bridge. •They're adding underground filtration and stormwater treatment under the parking lot and integrating rain gardens in the landscaping. The project will go to planning commission on 2/24 for a zoning text amendment to allow the cafe use. If approved, it will come to the council then. (Staff note: the applicant is also seeking an amendment to the special permit, in order to allow the expansion). After the presentation, Mayor Spano and councilmembers asked a few questions of the team: •Councilmember Dumalog asked if the expansion and cafe was originally intended to serve as a cafeteria just for the employees and that before is a zoning text amendment allowing for a restaurant/cafe for the general public/sale of food. And that no additional SF is required for this new food service use. They confirmed that this is the case. (Staff note: the zoning text amendment revises the conditions imposed upon food service uses in the IG General Industrial Zoning district. This use is currently allowed as an accessory use in the IG district). •Councilmember Dumalog asked if this cafe/use is similar to the Freewheel store/retail along the Greenway, serving primarily people who are using the bike trail. They confirmed that this is the case. •Mr. Dahlquist also commented for his desire to add a pedestrian crosswalk across Beltline, so that people who park on the east side of Beltline do not have to use the pedestrian bridge. •Last 2(?) years they have had to rent a shipping facility in Golden Valley because of lack of enough dock doors for trucks. •They view being on a future light rail stop as something that will help them be competitive on attracting employees. City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 22 St. Louis Park Community Development Department • 5005 Minnetonka Blvd., St. Louis Park, MN 55416 www.stlouispark.org • Phone: 952.924.2575 • Fax: 952.928.2662 • TTY: 952.924.2518 •If the 100Kw of solar goes well, they could add more solar panels along the south facing wall of the existing building. •This expansion should give them enough space for growth for the next 3-5 years (though this was an estimate). Then they're out of space, unless they could get access to the Extra Space storage property. •Mayor Spano informed them of the delay in SWLRT opening which they seemed unaware of and the owners were particularly curious about a date. Told them we know it likely will be at least a year, maybe more. City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 23 UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA FEB. 24, 2021 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Imran Dagane, Matt Eckholm, Courtney Erwin, Jessica Kraft, Tom Weber. MEMBERS ABSENT: Jim Beneke STAFF PRESENT: Jacquelyn Kramer, Gary Morrison, Sean Walther 1.Call to Order – Roll Call 2.Approval of Minutes of Jan. 20, 2021 Commissioner Kraft made a motion to approve the minutes. Commissioner Erwin seconded the motion, and the motion passed on a vote of 5-0. 3.Public Hearings 3a. Nordic Ware Building 9 expansion amendment to the special permit and zoning ordinance text amendment Applicant: Dahlquist Properties Case No: 21-01-SP, 21-02-ZA Ms. Kramer presented the staff report. She noted the proposed changes require an amendment to an existing special permit and a text amendment to the zoning ordinance. She added the project meets all other ordinance requirements. Ms. Kramer stated the applicant held a virtual neighborhood meeting February 11 and staff recommends approval of the amendment to the special permit and zoning text amendment subject to conditions recommended by staff. Chair Eckholm opened the public hearing. There were no callers on the line. The applicant, David Dahlquist, CEO, Nordic Ware made comments. He noted their business is growing and they want to expand their location to accommodate increased business. Mr. Dahlquist added they want to also accommodate the coming light rail users with their café concept. City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 24 Unofficial Minutes Planning Commission Feb 24, 2021 Page 2 Commissioner Weber asked related to the café if this will be operated by Nordic Ware or if a 3rd party will run it. Mr. Dahlquist stated they are still determining that, but their intent would be to use a St. Louis Park 3rd person who runs a bakery. Chair Eckholm asked about the interior of the café and if they would use it as a Nordic Ware museum. Mr. Dahlquist stated this is a good thought they would consider, possibly with photographs. The Chair closed the public hearing. Commissioner Weber stated he is glad an industrial zoned company along a highly used bike trail and light rail is turning itself outward to open to the community. He is grateful to Nordic Ware for that. He suggested to staff that in the future the commission may want to consider changes to the IG zoning district to allow these types of uses, instead of amending the code every time a project like this comes up like this. Chair Eckholm stated Nordic Ware is being a great neighbor to the light rail and living up to the city’s expectations. He stated employment near transit is important. He added he wants Nordic Ware to stick around and he is excited to use the bike trail in this area, noting it is an excellent use of the space. He also noted the use of solar energy on the site and appreciates this as well. Chair Eckholm stated Nordic Ware will be expanding, but they also looked to this project as a way to interact with the community. He added other industrial businesses near transit could emulate this example. Commissioner Erwin made a motion, and Commissioner Weber seconded, recommending approval of the amendment for the special permit for building 9 expansion and zoning ordinance text amendment. The motion passed on a vote of 5-0. City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 25 EXISTING CONDITIONSDOCK SCREENING EXHIBITST. LOUIS PARK, MN / 02.11.2021 / 20-0026Nordic Ware - Building 91PROPOSED BUILDINGCity council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 26 EXISTING CONDITIONSDOCK SCREENING EXHIBITST. LOUIS PARK, MN / 02.11.2021 / 20-0026Nordic Ware - Building 92PROPOSED BUILDINGCity council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 27 EXISTING CONDITIONSDOCK SCREENING EXHIBITST. LOUIS PARK, MN / 02.11.2021 / 20-0026Nordic Ware - Building 93PROPOSED BUILDINGCity council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 28 EXISTING CONDITIONSDOCK SCREENING EXHIBITST. LOUIS PARK, MN / 02.11.2021 / 20-0026Nordic Ware - Building 94PROPOSED BUILDINGCity council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 29 DOCK SCREENING EXHIBITST. LOUIS PARK, MN / 02.11.2021 / 20-0026Nordic Ware - Building 95BEFORECity council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 30 DOCK SCREENING EXHIBITST. LOUIS PARK, MN / 02.11.2021 / 20-0026Nordic Ware - Building 96AFTERCity council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 31 DOCK SCREENING EXHIBITST. LOUIS PARK, MN / 02.11.2021 / 20-0026Nordic Ware - Building 97BEFORECity council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 32 DOCK SCREENING EXHIBITST. LOUIS PARK, MN / 02.11.2021 / 20-0026Nordic Ware - Building 98AFTERCity council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 33 NORTHEAST AERIALCONCEPT DESIGNST. LOUIS PARK, MN / 12.16.2020 / 20-0026Nordic Ware - Building 91City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 34 SOUTHEAST VIEWCONCEPT DESIGNST. LOUIS PARK, MN / 12.16.2020 / 20-0026Nordic Ware - Building 95City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 35 SOUTHEAST VIEWCONCEPT DESIGNST. LOUIS PARK, MN / 12.16.2020 / 20-0026Nordic Ware - Building 96City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 36 VIEW FROM BELTLINE STATIONCONCEPT DESIGNST. LOUIS PARK, MN / 12.16.2020 / 20-0026Nordic Ware - Building 97City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 37 SOUTH ELEVATIONCONCEPT DESIGNST. LOUIS PARK, MN / 12.16.2020 / 20-0026Nordic Ware - Building 98City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 38 CONCEPT DESIGNST. LOUIS PARK, MN / 12.16.2020 / 20-0026Nordic Ware - Building 99City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 39 20221 TRAV 883.03 20222 TRAV 879.44 21007 CHK 878.98 21053 TRAV 880.28 35002 TRAV IRON 878.96 35373 TRAV NAIL 889.01 35406 TRAV NAIL 887.92 35428 CHK 21053 880.27 25000 TRAV NAIL 887.87 25074 TRAV MAG 888.68 15001 TRAV NAIL 879.23 15000 TRAV NAIL 888.67 40000 TRAV 878.35 40156 TRAV 888.65 40258 TRAV NAIL 878.87 STAIRS TO OVERHEAD TRAIL UNDER CONSTRUCTION BY OTHERS N SCALE IN FEET 0 30 60 TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. 1.THE INFORMATION SHOWN ON THIS EXISTING CONDITIONS PLAN WAS PREPARED FROM AN ALTA/NSPS LAND TITLE SURVEY PREPARED BY LOUCKS. UTILITY INFORMATION SHOWN ON THIS PLAN, SUCH AS SANITARY SEWER, WATERMAIN, STORM SEWER, FORCEMAIN, ETC. WAS PROVIDED BY THE CITY OF ST. LOUIS PARK RECORD PLANS. 2. THE BEARINGS FOR THIS SURVEY ARE BASED ON THE HENNEPIN COUNTY COORDINATE SYSTEM NAD 88 (1996 ADJUST). 3. THE GROSS LAND AREA IS 583,579 +/- SQUARE FEET OR 13.39 +/- ACRES. 4.WE HAVE SHOWN BURIED STRUCTURES AND UTILITIES ON AND/OR SERVING THE SITE TO THE BEST OF OUR ABILITY, SUBJECT TO THE FOLLOWING RESTRICTIONS: A.UTILITY OPERATORS DO NOT CONSISTENTLY RESPOND TO LOCATE REQUESTS THROUGH THE GOPHER STATE ONE CALL SERVICE FOR BOUNDARY AND LOCATION PURPOSES SUCH AS THIS. B.THOSE UTILITY OPERATORS THAT DO RESPOND, OFTEN WILL NOT LOCATE SERVICES FROM THE MAIN LINE TO THE CUSTOMER'S STRUCTURE OR FACILITY - THEY CONSIDER THOSE SEGMENTS PRIVATE INSTALLATIONS THAT ARE OUTSIDE OF THEIR JURISDICTION. IF A PRIVATE SERVICE TO AN ADJOINER'S SITE CROSSES THIS SITE OR A SERVICE TO THIS SITE CROSSES AN ADJOINER, IT MAY NOT BE LOCATED SINCE MOST OPERATORS WILL NOT MARK SUCH "PRIVATE" SERVICES. C.SNOW AND ICE CONDITIONS DURING WINTER MONTHS MAY OBSCURE OTHERWISE VISIBLE EVIDENCE OF A BURIED STRUCTURE OR UTILITY. D.MAPS PROVIDED BY UTILITY OPERATORS, EITHER ALONG WITH A FIELD LOCATION OR IN LIEU OF SUCH A LOCATION, ARE VERY OFTEN INACCURATE OR INCONCLUSIVE. MAPS PROVIDED BY UTILITY OPERATORS ARE VERY OFTEN AT A VERY SMALL SCALE, OR NO SCALE. E.EXTREME CAUTION MUST BE EXERCISED BEFORE AN EXCAVATION TAKES PLACE ON OR NEAR THE SITE. BEFORE DIGGING, YOU ARE REQUIRED BY LAW TO NOTIFY GOPHER STATE ONE CALL AT LEAST 48 HOURS IN ADVANCE AT 651-454-0002. F.UTILITY INFORMATION SHOWN ON THIS PLAN, SUCH AS NATURAL GAS, ELECTRIC LINES, TELEPHONE LINES, FIBEROPTIC LINES, CABLE TELEVISION LINES, UNDERGROUND PIPELINES, ETC. WAS SUPPLIED OR LOCATED BY GOPHER STATE ONE CALL, TICKET NUMBERS 161264910 & 161270014. 5.THIS PROPERTY IS CONTAINED IN ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) PER FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 27053C035E AND 27053C0354E, EFFECTIVE DATE OF SEPTEMBER 2, 2004. EXISTING CONDITIONS GENERAL NOTES Benchmark: MNDOT monument 2735 H, located In St. Louis park, 0.3 mile north of the junction of Trunk Highway 7 and Trunk Highway 100, in the southeast corner of Minnetonka Boulevard bridge number 5598 over Trunk Highway 100, at Trunk Highway 100 milepoint 6.2. Elevation = 907.90 (NAVD88) Site Benchmark: Top nut of fire hydrant located located south of vacated Quentin Ave, north of the warehouse building. Elevation = 897.63 (NAVD88) PROJECT BENCHMARK CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com Plotted: 02 /11 / 2021 11:43 AMW:\2004\04120H\CADD DATA\CIVIL\_dwg Sheet Files\C1-1 Existing Conditions PlanOUCKSL QUALITY CONTROL PROFESSIONAL SIGNATURE SUBMITTAL/REVISIONS CADD QUALIFICATION NORDIC WARE BUILDING #9 HIGHWAY 7 & HIGHWAY 100 ST. LOUIS PARK, MN 55416 NORDIC WARE HIGHWAY 7 & HIGHWAY 100 ST. LOUIS PARK, MN 55416 01-19-21 City PUD Submittal 02-11-21 City PUD Resubmit C1-1 EXISTING CONDITIONS PLAN C1-2 DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING & DRAINAGE PLAN C3-2 SWPP PLAN C3-3 SWPP NOTES & DETAILS C8-1,2,3 DETAIL SHEETS L1-1 TREE PRESERVATION PLAN L2-1 LANDSCAPE PLAN L3-1 LANDSCAPE DETAILS L3-2 LANDSCAPE DETAILS Review Date SHEET INDEX License No. Date I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jeffrey A. Shopek - PE 19624 Project Lead Drawn By Checked By Loucks Project No.04120H JAS TRG VMA 02-11-21 02-11-21 EXISTING CONDITIONS PLAN C1-1 City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 40 HCHCNO PARKING9 5 MATCH INTO EX. CURB & GUTTER 14 5 4 9.0 18.0 24.0 18.0 B612 CURB & GUTTER B612 CURB & GUTTER 7.0 6 RISERS W/HANDRAIL CONCRETE WALK EMPLOYEE ADA ACCESS RETAINING WALL RETAINING WALL PROPERTY LINE ADA SWITCH-BACK RAMP CAFE SEATING AREA 12.0 8.0 5.0 RETAINING WALLS 11 RISERS W/HANDRAIL 8.0 OVERFLOW CAFE SEATING & BIKE PARKING BIKE PATH LOADING DOCKS, TYP. RETAINING WALL EX. RETAINING WALL 138.4 315.8 FUTURE BIKE PATH BY CITY OF ST. LOUIS PARK. COORDINATE BIKE PATH CONNECTION WITH THE CITY OF ST. LOUIS PARK. BITUMINOUS PAVEMENT ELECTRIC VEHICLE SUPPLY EQUIPMENT LEVEL 2 CHARGING FOR 2 VEHICLES SEE NOTES FOR ADDITIONAL CONDUIT BIKE RACKS BIKE RACKS PROPOSED DRAINAGE & UTILITY EASEMENT B612 CURB & GUTTER 20.0 40.0 15.0 21.6 17.6 20.4 N SCALE IN FEET 0 30 60 1. ALL PAVING, CONCRETE CURB, GUTTER AND SIDEWALK SHALL BE FURNISHED AND INSTALLED IN ACCORDANCE WITH THE DETAILS SHOWN PER THE DETAIL SHEET(S) AND STATE/LOCAL JURISDICTION REQUIREMENTS. 2. ACCESSIBLE PARKING AND ACCESSIBLE ROUTES SHALL BE PROVIDED PER CURRENT ADA STANDARDS AND LOCAL/STATE REQUIREMENTS. 3. ALL CURB DIMENSIONS SHOWN ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 4. ALL BUILDING DIMENSIONS ARE TO THE OUTSIDE FACE OF WALL UNLESS OTHERWISE NOTED. 5. TYPICAL FULL SIZED PARKING STALL IS 9' X 18' UNLESS OTHERWISE NOTED. 6. ALL CURB RADII SHALL BE 5.0' UNLESS OTHERWISE NOTED. 7. SEE SITE ELECTRICAL PLAN FOR SITE LIGHTING. 8. REFER TO ARCHITECTURAL SITE PLAN FOR BUILDING SETBACKS. SITE NOTES 1. MINNESOTA STATE STATUTE REQUIRES NOTIFICATION PER "GOPHER STATE ONE CALL" PRIOR TO COMMENCING ANY GRADING, EXCAVATION OR UNDERGROUND WORK. 2. THE CONTRACTOR SHALL FIELD VERIFY LOCATIONS AND ELEVATIONS OF EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO COMMENCEMENT OF CONSTRUCTION ACTIVITY. THE CONTRACTOR SHALL NOTIFY THE ENGINEER OF ANY DISCREPANCIES OR VARIATIONS FROM THE PLANS. 3. THE CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASE OF THIS PROJECT. THE CONTRACTOR WILL BE HELD RESPONSIBLE FOR ANY DAMAGES TO ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASE OF THIS PROJECT. 4. THE CONTRACTOR WILL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OF THESE DEVICES SHALL BE APPROVED BY THE ENGINEER PRIOR TO PLACEMENT. TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS. 5. IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING THE PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. 6. THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF THE CONTRACTORS PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF THE CONTRACTORS SAFETY MEASURES IN, OR NEAR THE CONSTRUCTION SITE. 7. BEFORE BEGINNING CONSTRUCTION THE CONTRACTOR SHALL INSTALL EROSION AND SEDIMENTATION CONTROL MEASURES IN ACCORDANCE WITH NPDES PERMIT REQUIREMENTS, BEST MANAGEMENT PRACTICES, STATE AND LOCAL REQUIREMENTS AND THE DETAILS SHOWN ON THE DETAIL SHEET(S) OF THE PROJECT PLANS. 8. ALL CONSTRUCTION PERMITS, APPLICATIONS AND FEES ARE THE RESPONSIBILITY OF THE CONTRACTOR. 9. ALL ENTRANCES AND CONNECTIONS TO CITY STREETS SHALL BE CONSTRUCTED PER THE REQUIREMENTS OF THE STATE AND LOCAL JURISDICTIONS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL PERMITS AND NOTIFICATIONS AS REQUIRED. 10.ALL STREET REPAIRS AND PATCHING SHALL BE PERFORMED PER THE REQUIREMENTS OF THE CITY. ALL TRAFFIC CONTROL SHALL BE PROVIDED BY THE CONTRACTOR AND SHALL BE ESTABLISHED PER THE REQUIREMENTS OF THE MINNESOTA MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) AND THE CITY. THIS SHALL INCLUDE ALL SIGNAGE, BARRICADES, FLASHERS AND FLAGGERS AS NEEDED. ALL PUBLIC STREETS SHALL BE OPEN TO TRAFFIC AT ALL TIMES. 11.ADJUST ALL EXISTING STRUCTURES, BOTH PUBLIC AND PRIVATE TO THE PROPOSED GRADES WHERE DISTURBED AND COMPLY WITH ALL REQUIREMENTS OF THE UTILITY OWNERS. STRUCTURES BEING RESET TO PAVED AREAS MUST MEET OWNERS REQUIREMENTS FOR TRAFFIC LOADING. 12.EXISTING TOPOGRAPHY PROVIDED BY LOUCKS ASSOCIATES, TOPOGRAPHIC SURVEY DATED 11/30/16. 13.SUBGRADE PREPARATION SHALL BE PERFORMED IN ACCORDANCE WITH MNDOT 2112. THE TOP 3 FEET SHALL BE COMPACTED TO 100% OF THE STANDARD PROCTOR DENSITY. 14.AGGREGATE BASE SHALL BE MNDOT 2211 CLASS 5. COMPACTION SHALL BE BY THE QUALITY COMPACTION METHOD. 15.PLANT MIXED BITUMINOUS PAVEMENT SHALL BE CONSTRUCTED IN ACCORDANCE WITH MNDOT 2360 WITH MIX DESIGN AS SHOWN ON THE DETAILS. COMPACTION SHALL BE BY THE ORDINARY COMPACTION METHOD. 16.CONCRETE CURB & GUTTER SHALL BE PERFORMED IN ACCORDANCE WITH MNDOT 2531. CURING SHALL BE BY THE MEMBRANE CURING METHOD. EXPANSION JOINTS EVERY 200 FEET AT ALL FIXED OBJECTS. CONTRACTIONS JOINTS EVERY 10 FEET. 17.CONCRETE WALK SHALL BE PERFORMED IN ACCORDANCE WITH MNDOT 2521. CURING SHALL BE BY THE MEMBRANE CURING METHOD. EXPANSION JOINTS AT ALL FIVES OBJECTS. CONTRACTION JLINTS EVERY 5 FEET. 18.WORKING HOURS ARE 7 AM - 7 PM (MONDAY - FRIDAY) AND 9 AM - 7 PM ( SATURDAY.) A 48 HOUR NOTICE IS REQUIRED FOR SATURDAY WORK. 19.THE CONTRACTOR MUST HAVE A CITY LICENSE. 20.A CITY RIGHT-OF-WAY PERMIT IS REQUIRED TO WORKING WITHIN CITY ROW. 21.ELECTRICAL CONDUIT WILL NEED TO BE INSTALLED FOR THE PROPOSED ELECTRIC VEHICLE CHARGING STATION AS WELL AS STUBBED OUT FOR FOUR FUTURE ELECTRIC VEHICLE CHARGING STATIONS. GENERAL NOTES TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com Plotted: 02 /11 / 2021 4:0 PMW:\2004\04120H\CADD DATA\CIVIL\_dwg Sheet Files\C2-1 Site PlanOUCKSL QUALITY CONTROL PROFESSIONAL SIGNATURE SUBMITTAL/REVISIONS CADD QUALIFICATION NORDIC WARE BUILDING #9 HIGHWAY 7 & HIGHWAY 100 ST. LOUIS PARK, MN 55416 NORDIC WARE HIGHWAY 7 & HIGHWAY 100 ST. LOUIS PARK, MN 55416 01-19-21 City PUD Submittal 02-11-21 City PUD Resubmit C1-1 EXISTING CONDITIONS PLAN C1-2 DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING & DRAINAGE PLAN C3-2 SWPP PLAN C3-3 SWPP NOTES & DETAILS C8-1,2,3 DETAIL SHEETS L1-1 TREE PRESERVATION PLAN L2-1 LANDSCAPE PLAN L3-1 LANDSCAPE DETAILS L3-2 LANDSCAPE DETAILS Review Date SHEET INDEX License No. Date I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jeffrey A. Shopek - PE 19624 Project Lead Drawn By Checked By Loucks Project No.04120H JAS TRG VMA 02-11-21 02-11-21 SITE PLAN C2-1 PARKING - 37 STALLS (2 HC) LOADING DOCKS - 15 LOADING DOCKS BUILDING AREA - 43,200 SF SITE DETAILS City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 41 HCHCNO PARKING 1 BS 8 TA 7 HCJ 2 SG 2 BS 13 SG 4 TA 2 BS 3 GF 4 NP 19 FLM 13 HCJ 4 SJ 4 SJ 13 HRS 9 TY1 PRC 4 BS 1 BS 6 BL 3 CH 3 CSP 1 BS 3 SGM 3 QA 3 IH 17 FSU 8 FLM 29 BLS 5 NFS 5 NFS 4 SJ 13 LPS 5 GC 8 PA 3 SSG 4 SSG 8 PA DECIDUOUS TREES QTY COMMON NAME BOTANICAL NAME SIZE CONTAINER SGM 3 SIENNA GLEN MAPLE Acer freemanii `Sienna Glen`B & B 2.5"Cal NM 1 NORTHWOOD MAPLE Acer rubrum `Northwood`B & B 2.5"Cal CH 3 COMMON HACKBERRY Celtis occidentalis B & B 2.5"Cal IH 3 IMPERIAL HONEYLOCUST Gleditsia triacanthos `Impcole` TM B & B 2.5"Cal QA 3 QUAKING ASPEN Populus tremuloides 25 gal NP 4 NORTHERN PIN OAK Quercus ellipsoidalis B & B 2.5"Cal BL 6 BOULEVARD LINDEN Tilia americana `Boulevard`B & B 2.5"Cal EVERGREEN TREES QTY COMMON NAME BOTANICAL NAME SIZE CONTAINER BS 11 BLACK HILLS SPRUCE Picea glauca `Densata`B & B CSP 3 COLORADO SPRUCE Picea pungens B & B ORNAMENTAL TREES QTY COMMON NAME BOTANICAL NAME SIZE CONTAINER PRC 1 PRAIRIE ROSE CRABAPPLE Malus x `Prairie Rose`B & B 1.5"Cal SHRUBS QTY COMMON NAME BOTANICAL NAME SIZE CONTAINER GC 5 GLOSSY BLACK CHOKEBERRY Aronia melanocarpa elata 5 gal 24" HGT FSU 17 FRAGRANT SUMAC Rhus aromatica 2 gal Pot GF 3 GRO-LOW FRAGRANT SUMAC Rhus aromatica `Gro-Low`5 gal 24" SPRD LPS 13 LITTLE PRINCESS SPIREA Spirea japonica `Little Princess`5 gal 24" HGT NFS 10 NEON FLASH SPIREA Spirea japonica `Neon Flash`5 gal 24" HGT BLS 30 BIRCH-LEAF SPIREA Spirea x betulifolia `Tor`5 gal 24" HGT GRASSES QTY COMMON NAME BOTANICAL NAME SIZE CONTAINER FLM 27 FLAME MISCANTHUS Miscanthus sinensis `Purpurascens` 1 gal SSG 7 SHENANDOAH SWITCH GRASS Panicum virgatum `Shenendoah`1 gal PERENNIALS QTY COMMON NAME BOTANICAL NAME SIZE CONTAINER PA 16 PURPLE DOME ASTER Aster x `Purple Dome`1 gal HRS 13 ROYAL STANDARD HOSTA Hosta x `Royal Standard`1 gal CONIFEROUS SHRUBS QTY COMMON NAME BOTANICAL NAME SIZE CONTAINER HCJ 20 HETZ COLUMNAR JUNIPER Juniperus chinensis `Hetzii Columnaris`--- SG 15 SEA GREEN JUNIPER Juniperus chinensis `Sea Green`5 gal 18" SPRD SJ 12 SCANDIA JUNIPER Juniperus sabina `Scandia`5 gal TY 9 TAUNTON YEW Taxus x media `Taunton`5 gal 18" SPRD TA 12 TECHNY ARBORVITAE Thuja occidentalis `Techny`10 gal 36" HGT PLANT SCHEDULE TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com Plotted: 02 /11 / 2021 1:18 PMW:\2004\04120H\CADD DATA\LANDSCAPE\_dwg Sheet Files\L2-1 Landscape PlanOUCKSL QUALITY CONTROL PROFESSIONAL SIGNATURE SUBMITTAL/REVISIONS CADD QUALIFICATION NORDIC WARE BUILDING #9 HIGHWAY 7 & HIGHWAY 100 ST. LOUIS PARK, MN 55416 NORDIC WARE HIGHWAY 7 & HIGHWAY 100 ST. LOUIS PARK, MN 55416 01-19-21 City PUD Submittal 02-11-21 City PUD Resubmit C1-1 EXISTING CONDITIONS PLAN C1-2 DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING & DRAINAGE PLAN C3-2 SWPP PLAN C3-3 SWPP NOTES & DETAILS C8-1,2,3 DETAIL SHEETS L1-1 TREE PRESERVATION PLAN L2-1 LANDSCAPE PLAN L3-1 LANDSCAPE DETAILS L3-2 LANDSCAPE DETAILS Review Date SHEET INDEX License No. Date I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. Gregory A. Johnson - LA Project Lead Drawn By Checked By Loucks Project No. 24610 04120H JAS GAJ GAJ 02-11-21 02-11-21 LANDSCAPE PLAN L2-1 N SCALE IN FEET 0 10 20 LANDSCAPE PLAN ROCK MULCH - 1-1/2" GREY TRAP ROCK 4" DEPTH PROPOSED ADDITIONAL BUILDING FOOTPRINT - 43,305 SF REQ'D PROPLANDSCAPE REQUIREMENTS ONE CANOPY OR EVERGREEN TREE PER 1,000 SF SOD / TOPSOIL - SEE NOTES 44 PROPOSED CANOPY TREE - 2.5" CAL PROPOSED EVERGREEN TREE - 3" CAL 23 (61%) 14 (37%) PROPOSED ORNAMENTAL TREE - 1.5" CAL (2 ORN = 1 CAN) 2 (2%) TOTAL TREES 38 (100%) MINNESOT A 7 S E R V I C E R O A D GROUNDCOVER LEGEND RAMP ENLARGEMENT N SCALE IN FEET 0 30 60 6' PRIVACY FENCE SEE 2/L3-2 CMU RETAINING WALL SEE 1/L3-2 CMU RETAINING WALL SEE 1/L3-2 RAMP ENLARGEMENT CMU RETAINING WALL SEE 1/3-2 CAST CONCRETE RAMP WALLS AND HANDRAILS - SEE ARCH 10.34 64.8464.8464.8442" TENSLINE CABLE RAILING BY TREX COMMERCIAL PRODUCTS OR APPROVED EQUAL - SEE SPECS CONTRACTOR SHALL VERIFY ALL DIMENSIONS ON-SITE AND SUBMIT SHOP DRAWINGS TO LANDSCAPE ARCHITECT FOR APPROVAL. CONCRETE STAIRS AND HANDRAILS - SEE ARCH City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 42 UP UP KEYNOTES: E 10 D C B 11 12 13 14 15 16 17 19 A301 5 A302 1 TYP. 12'-0" 9-EX 18 NEW WAREHOUSE ADDITION - BUILDING 9 APPROX. 41,516 GROSS SF WAREHOUSE / OFFICE; APPROX. 1,785 GROSS SF CAFE / COFFEE TOTAL SF: 43,311 GROSS SF EXISTING WAREHOUSE - BUILDING 7 3' - 0"45' - 0"45' - 0"45' - 0"45' - 0"45' - 0"37' - 0"45'-2"46'-2"45'-2"136'-6"RETAIL/CAFE APPROX. 1,785 SF GROSS 5% SLOPED WALKA301 1 2 A451 2 A401 5% SLOPED WALK12'-0"10'-0"BIKE RACKS SLOPED PAVED CONNECTION TO BIKE TRAIL 5% SLOPED WALK 12'-7" 21'-5" 4'-3" 20'-7" 5'-2" A301 3 290'-11 1/8" 11'-7 1/4"186'-2"82'-10 7/8" A301 4 A301 2 FLAG POLE 1 A451 3 A451 4 A451 6 A451 5 A451 7 A451 8 A451 1 A452 2 A452 3 A452 4 A452 3 A401 1 A401 3 A501 B-EX C-EX D-EX A-EX E-EX 64'-0" A101.1 1 A101.1 2 N EXISTING LOADING DOCK TO REMAIN (QTY. 2) EXISTING LOADING DOCK TO BE REMOVED AND SALVAGED FOR REUSE (QTY. 9) APPROXIMATE STORAGE RACKING SYSTEMS (T.B.D.); PROVIDED BY OWNER LOADING DOCK LEVELERS WITH BUMPERS AND SEALS; TOTAL OF 15; (QTY. 9) SALVAGED FOR REUSE (QTY. 6) NEW UNITS GALVANIZED STEEL STAIR, RAILING, AND LANDING AT EXIT DOOR OPENINGS TO REMAIN IN BETWEEN NEW AND EXISTING GALVANIZED STEEL STAIR, RAILING AND LANDING AT EXIT DOOR SETBACK 20'-11 1/8"SETBACK17'-8 3/4"SETBACK 21'-7 3/4"5'-9"OH-15OH-14OH-13OH-12OH-11OH-10OH-9OH-8OH-7OH-6OH-5OH-4OH-3OH-2OH-1100A-EX100C-EX100B-EX80 SF WATER ENTRY ROOM 104 549 SF WAITING AREA 102 340 SF OFFICE 103 1,214 SF CAFE 108 395 SF KITCHEN 107 274 SF MEN'S TOILET 105 269 SF WOMEN'S TOILET 106 50 SF TOILET 109 7 A501 A501 5 A501 6 8 A501 AT EXISTING OPENING (APPROX. 8'X10') - PROVIDE 3-HR RATED FIRE SHUTTER 15 14 13 12 11 10 09 08 07 06 05 04 03 02 011617 MA MB 17.2 MF MG 18.8 17.8 MC16'-9"10'-0"27'-10 7/8"14'-11 7/8"7'-9"38'-6 7/8"MD ME 5 A452 6 A452 3-HR RATED PRECAST CONCRETE FIRE WALL AT EXISTING OPENING (APPROX. 8'X10' EACH) - PROVIDE 3-HR RATED FIRE SHUTTER (4 SHOWN TOTAL) AT EXISTING OPENING (APPROX. 8'X10') - PROVIDE 3-HR RATED FIRE SHUTTER 108B-EX108A-EX107B109 106 105 103 104101101-EXPROVIDE RATED FIRE DOOR 60'-1"21'-2"61'-5 1/2"60'-0"61'-6 5/8" SNOW STORAGE SNOW STORAGE BIKE RACKS SETBACK101'-2 3/8"© URBANWORKS ARCHITECTURE LLC, 2019901 NORTH THIRD STREET, SUITE 145, MINNEAPOLIS, MN 55401CONSULTANT PRELIMINARY REVISIONS DATE PROJECT # PHASE DRAWN BY CHECKED BY NOT FOR CONSTRUCTION DESIGN DEVELOPMENT 02.01.2021 2/11/2021 4:26:54 PMC:\!Revit Project Files\20-0026 A20 Central_ksackZF3AS.rvt5005 County Road 25Minneapolis, MN 5541601/19/2021 20-0026 DD KDS DPEH LEVEL 1 PLAN - OVERALL A101.0NORDIC WARE BUILDING #91/16" = 1'-0"A101.0 A101.0 - LEVEL 1 PLAN - OVERALL1 C1C1C1C1 City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 43 REFER TO G005 AND G006 FOR ADDITIONAL EXTERIOR MATERIAL KEYNOTE INFORMATION 2.REFER TO SPECIFICAITON FOR DETAILED EXTERIOR MATERIAL INFORMATION GENERAL EXTERIOR NOTES: 1. KEYNOTES: LEVEL 1 894'-0" ROOF 920'-5" 101112131415169-EX MEZZANINE 906'-0"INSULATED PRECAST WALL PANEL W/ ARCHITECTURAL FINISH - COLOR TO MATCH ADJACENT BUILDING - DARK CHARCOAL EXPOSED AGGREGATEINSULATED PRECAST WALL PANEL W/ INTEGRAL THIN BRICK - COLOR TO MATCH EXISTING BUILDING 8OBLIQUE ANGLE BRICK WALL 1,239 SF 11.1% GLAZING 1,609 SF 14.4% PRECAST WALL 7,105 SF 63.7% DOCK DOOR 1,200 SF 10.8% TOTAL 11,153 SF (25.5% CLASS 1 MATERIALS) ALUMINUM FRAMED STOREFRONT; MATCH EXISTING GOLD FINISHALUMINUM FRAMED CURTAIN WALL; MATCH EXISTING GOLD FINISHINSULATED PRECAST WALL PANEL W/ ARCHITECTURAL FINISH - COLOR TO MATCH ADJACENT BUILDING - DARK CHARCOAL EXPOSED AGGREGATEINSULATED PRECAST WALL PANEL W/ ARCHITECTURAL FINISH - COLOR TO MATCH ADJACENT BUILDING - DARK CHARCOAL EXPOSED AGGREGATELED EXTERIOR LIGHTING, TYP.TRUCK DOCK SEAL & BUMPERS, TYP.OVERHEAD SECTIONAL DOOR, TYP.DOCK LEVELLER, TYP.GALVANIZED STEEL STAIR & RAILINGPREFINISHED METAL PARAPET CAP, TYP.OVERFLOW SCUPPEROVERFLOW SCUPPERS1 C1 C1 C1 C1 INCLUDES AREA FROM 3/A301 & 4/A301.................... INCLUDES AREA FROM 3/A301 & 4/A301.................... S1 S1 S1 S1 S1 S1 S1 S1 S1 S1 S1 LEVEL 1 894'-0" ROOF 920'-5" MEZZANINE 906'-0" BRICK WALL 208 SF 55.7% (INCLUDED IN 5/A301) GLAZING 165 SF 44.3% (INCLUDED IN 5/A301) TOTAL 373 SF INSULATED PRECAST WALL PANEL W/ INTEGRAL THIN BRICK - COLOR TO MATCH BUILDING 8ALUMINUM FRAMED CURTAIN WALL; MATCH EXISTING GOLD FINISHSTEEL-FRAMED PREINISHED ALUMIUM PLATE PANEL CANOPY ; PROVIDE INTEGRAL DOWN-LIGHTINGCAST-IN-PLACE CONCRETE RETAINING WALLC2 MA LEVEL 1 894'-0" ROOF 920'-5" 171918 MEZZANINE 906'-0" OBLIQUE ANGLEINSULATED PRECAST WALL PANEL W/ INTEGRAL THIN BRICK - COLOR TO MATCH BUILDING 8BRICK WALL 1,031 SF 52.7% (INCLUDED IN 5/A301) GLAZING 925 SF 47.3% (INCLUDED IN 5/A301) TOTAL 1,956 SF 22'-8 7/8"1'-10"SIGNAGE - APPROX. 45 SFALUMINUM FRAMED CURTAIN WALL; MATCH EXISTING GOLD FINISHSTEEL-FRAMED PREINISHED ALUMIUM PLATE PANEL CANOPY ; PROVIDE INTEGRAL DOWN-LIGHTINGSTEEL HANDRAILPREFINISHED METAL PARAPET CAP, TYP.CAST IN PLACE CONCRETE RETAINING WALLCAST-IN PLACE CONCRETE STAIR & LANDING C5 C4 C3 17.218.8 17.8 LEVEL 1 894'-0" ROOF 920'-5" MEZZANINE 906'-0" OBLIQUE ANGLE INSULATED PRECAST WALL PANEL W/ ARCHITECTURAL FINISH - COLOR TO MATCH ADJACENT BUILDING - DARK CHARCOAL EXPOSED AGGREGATEPRECAST WALL 1,402 SF 35.2% BRICK WALL 1,445 SF 36.3% GLAZING 1,133 SF 28.5% TOTAL 3,983 SF 64.8% CLASS 1 MATERIALS1'-6"22'-3 1/8"INTERNALLY LIT SIGNAGE: APPROX. 35 SFSTEEL-FRAMED PREFINISHED ALUMUM PLATE PANEL CANOPY & ACCENT BAND; PROVIDE INTEGRAL LED DOWN-LIGHTINGINSULATED PRECAST WALL PANEL W/ INTEGRAL THIN BRICK - COLOR TO MATCH EXISTING BUILDING 8ALUMINUM FRAMED CURTAIN WALL; MATCH EXISTING GOLD FINISHLED EXTERIOR LIGHTING, TYP.INTEGRAL-COLOR CAST-IN-PLACE STAMPED CONCRETE RETAINING WALL; 42" HIGH STEEL GUARDRAIL w/ GLASS PANEL BALUSTERS, TYP.PREFINISHED METAL PARAPET CAP, TYP.MODULAR BLOCK RETAINING WALLC7 C7 C7 C7 C6C8 S2 MA MBMFMGMCMDMEFLAG POLE WITH BUILDING MOUNTED LIGHTLEVEL 1 894'-0" ROOF 920'-5" 10 11 12 13 14 15 169-EX MEZZANINE 906'-0"INSULATED PRECAST WALL PANEL W/ ARCHITECTURAL FINISH - COLOR TO MATCH ADJACENT BUILDING - DARK CHARCOAL EXPOSED AGGREGATEWALL-MOUNTED PHOTOVOLTAIC PANELS EXISTING BUILDING OBLIQUE ANGLE PRECAST WALL 3,439 SF 38.7% GLAZING 246 SF 2.8% GLAZING (SOLAR) 5,194 SF 58.5% TOTAL 8,879 SF 61.3% CLASS 1 MATERIALS ALUMINUM FRAMED CURTAIN WALL; MATCH EXISTING GOLD FINISHGALVANIZED STEEL STAIR & GUARDRAILLED EXTERIOR LIGHTINGWALL-MOUNTED PHOTOVOLTAIC PANELS ALUMINUM FRAMED CURTAIN WALL; MATCH EXISTING GOLD FINISHSTEEL-FRAMED PREFINISHED ALUMUM PLATE PANEL CANOPY & ACCENT BAND; PROVIDE INTEGRAL LED DOWN-LIGHTING42" HIGH STEEL GUARDRAIL w/ GLASS PANEL BALUSTERS, TYP.INTEGRAL-COLOR CAST-IN-PLACE STAMPED CONCRETE RETAINING WALL; SEGMENTAL RETAINING WALLBIKE RACK, TYP.PREFINISHED METAL PARAPET CAP, TYP.14'-6"OVERFLOW SCUPPER11'-6" S4S5S5S5S5 S3 © URBANWORKS ARCHITECTURE LLC, 2019901 NORTH THIRD STREET, SUITE 145, MINNEAPOLIS, MN 55401CONSULTANT PRELIMINARY REVISIONS DATE PROJECT # PHASE DRAWN BY CHECKED BY NOT FOR CONSTRUCTION DESIGN DEVELOPMENT 02.01.2021 2/11/2021 4:26:58 PMC:\!Revit Project Files\20-0026 A20 Central_ksackZF3AS.rvt5005 County Road 25Minneapolis, MN 5541601/19/2021 20-0026 DD KDS DPEH BUILDING ELEVATIONS A301NORDIC WARE BUILDING #93/32" = 1'-0"A301 NORTH ELEVATION5 3/32" = 1'-0"A301 WEST ELEVATION - ENTRY4 3/32" = 1'-0"A301 NORTH ELEVATION - ENTRY3 3/32" = 1'-0"A301 EAST ELEVATION2 3/32" = 1'-0"A301 SOUTH ELEVATION1 City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 44 LEVEL 1 894'-0" ROOF 920'-5" 10 11 12 13 14 15 169-EX MEZZANINE 906'-0" (212) 40"W x 80"H SOLAR PANELS full vertical -no tilt: (98) x 1,001kWh/kW = 98,098kWh 10 degree tilt off vertical: (98) x 1,140kWh/kW = 117,720kWh 25 degree tilt off vertical:(98) x 1,286kWh/kW = 126,028kWh (212) x (465W) = 98kW SOLAR PANEL CLIP, FASTENER BOLT & NUT; VERIFY w/ MANUFACTURER'S FASTENING REQUIREMENTS WALL-MOUNTED SOLAR PANEL; STYLE & MANUFACTURER T.B.D. GALVANIZED 'UNISTRUT' CHANNEL RAIL; WELD TO BRACKET GALVANIZED STEEL BRACKET SECTION; WELD TO EMBED PLATE; PRIME & PAINT AFTER WELDING 6x6 STEEL EMBED PLATE; PRIME & PAINT AFTER WELDING PC-1 REQUIREMENTS 3" VERIFY w/ MANUFACTURER © URBANWORKS ARCHITECTURE LLC, 2019901 NORTH THIRD STREET, SUITE 145, MINNEAPOLIS, MN 55401CONSULTANT PRELIMINARY REVISIONS DATE PROJECT # PHASE DRAWN BY CHECKED BY NOT FOR CONSTRUCTION DESIGN DEVELOPMENT 02.01.2021 2/11/2021 4:27:11 PMC:\!Revit Project Files\20-0026 A20 Central_ksackZF3AS.rvt5005 County Road 25Minneapolis, MN 5541601/19/2021 20-0026 DD KDS DPEH BUILDING ELEVATIONS A302NORDIC WARE BUILDING #93/32" = 1'-0"A302 SOUTH ELEVATION - SOLAR STUDY1 3" = 1'-0"A302 SOLAR PANEL RAIL DETAIL2 A302 SHADOW STUDY - ORTHO - WINTER6 A302 SHADOW STUDY - ORTHO - SPRING5 A302 SHADOW STUDY - ORTHO - SUMMER4 A302 SHADOW STUDY - ORTHO - FALL3 City council meeting of April 5, 2021 (Item No. 8b) Title: Nordic Ware Building 9 Page 45 Meeting: City council Meeting date: April 5, 2021 Action agenda item : 8c Executive summary Title: Best Cleaners conditional use permit and variance extension Recommended action: Motion to deny an extension to act upon the approved conditional use permit (CUP) and variance at 8105 Minnetonka Boulevard. Policy consideration: Does the council wish to allow Best Cleaners an additional year to act on their conditional use permit and variance, and in doing so, allow them to build as previously approved even though the addition would not comply with two new zoning regulations? Summary: City council approved a conditional use permit (CUP) and variance for 8105 Minnetonka Boulevard on April 15, 2019 (Resolution 19-050). The CUP and variance allow for a building expansion and site improvements to Best Cleaners, which is the existing business on site. The CUP allows in -vehicle service for customers to drop off and pick up laundry from a drive -up window. The variance reduced the west building setback of the addition from 15 feet to five feet, which matches the setback of the existing building. Council also approved a one - year extension to the deadline to act on the CUP and variance last year on April 20, 2020. The applicant indicates the current health pandemic has continued to delay undertaking the construction at 8105 Minnetonka Boulevard and requests an extension for another year. Since the plans were approved in 2019, there have been changes in circumstances to the property . These changes include: the site was rezoned; the city adopted window transparency requirements for ground floor commercial; and the city completed the Texa-Tonka small area plan. Some elements of the approved CUP and variance site plan and building addition do not comply with the new zoning regulations and plan. The city attorney and staff find that city council may extend the time if they so choose; however, the council cannot amend the previous approvals as a condition of that extension. If council does not approve the requested extension, the applicant has until April 15, 2021 to submit building permits. After that, staff would not accept or approve building permits for the work, and staff would schedule a hearing to revoke the CUP and variance granted in 2019. Based on the amount of time that has passed since the council approved the project, the changes to the design guidance and zoning code requirements on the site and the uncertainty of when the project would proceed, staff recommend denial of another one -year extension to act upon the CUP and variance . Financial or budget considerations: Not applicable. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion; Extension request letter Prepared by: Jacquelyn Kramer, associate planner Reviewed by: Sean Walther, planning and zoning supervisor Karen Barton, community development director Approve d by: Tom Harmening, city manager City council meeting of April 5, 2021 (Item No. 8c) Page 2 Title: Best Cleaners conditional use permit and variance extension Discussion Background: City council approved a conditional use permit (CUP) and variance for 8105 Minnetonka Boulevard on April 15, 2019 (Resolution 19-050). The CUP and variance allow for a building expansion and site improvements to Best Cleaners, which is the existing business on site. The CUP allows in -vehicle service for customers to drop off and pick up laundry from a drive -up window. The variance reduced the west building setback of the addition from 15 feet to five feet, which matches the setback of the existing building. Council also approved a one - year extension to the deadline to act on the CUP and variance last year on April 20, 2020. The applicant indicates the current health pandemic has continued to delay undertaking the construction at 8105 Minnetonka Boulevard and requests an extension for another year. City code requires that CUP and variance applications be acted upon within a certain time, or the CUP and variance are cancelled. The city attorney and staff find the ordinance allows council to extend the time, but code does not allow the council to amend the previous approvals as a condition of that extension. If city council does not approve the requested extension, staff would schedule a hearing to revoke the CUP and variance granted in 2019. The owner of the subject property could reapply and address the discrepancies between their plans and the current codes either before, during or after the city’s revocation process. Current considerations: There have been changes in circumstances to the property since the CUP application was approved in 2019. Some elements of the approved development plans do not comply with the city’s new zoning regulations and Texa-Tonka small area plan. The zoning of the property changed from C-2 general commercial to C-1 neighborhood commercial. •The dry -cleaning/laundry service use is still allowed in the C-1 zoning district. However, the size of such uses is limited to 7,500 square feet. The proposed building with the addition would be 7,589 square feet. This is 89 square feet more than allowed. The architectural standards were amended to require a certain amount of ground floor transparency on street-facing building facades. •The glass doors proposed on the east building elevation facing Utah Avenue South provide less than three percent transparency. The city’s architectural design guidelines have been amended and the code now requires at least 20% transparency on the ground floor along the secondary street. There is a shortfall of 17%. The uses behind these walls are primarily processing and equipment space according to the approved floor plans . The city completed the Texa-Tonka small area plan, and the subject property is included in the scope of that study. •The small area plan recommended that the two access points on Utah Avenue South be shifted farther south away from Minnetonka Boulevard . These code and plan changes do not prevent the city council from approving another extension to the CUP and variance that was approved. The approved plans in many respects would improve the appearance of the property, add to the property value, and increase the jobs at this location. Except for the three items noted above, the approved plan appears to otherwise be consistent with the current rules and guidelines. However, if built as approved in 2019, the new building addition would be nonconforming in those respects from day one. City council meeting of April 5, 2021 (Item No. 8c) Page 3 Title: Best Cleaners conditional use permit and variance extension The council is not obligated to grant the extension. Next steps: •If the extension is granted, the applicant will have until April 15, 2022, to apply for building permits and diligently progress toward building the addition. •If the extension is denied: o The owner can submit building permits to proceed with the approved work up until April 15, 2021. The owner would have to make continual progress on construction under the permits issued and complete the work in a timely manner. o After April 15, 2021, the city would not accept or approve permits for the work. The property owner could reapply for the CUP and variance and amend their plans to meet the current requirements at any time. o Absent a pending new zoning application, the city would initiate a process to affirmatively revoke the CUP and variance that were granted in 2019. That process would include a public hearing at planning commission and city council action. City council meeting of April 5, 2021 (Item No. 8c) Page 4 Title: Best Cleaners conditional use permit and variance extension Extension request letter Meeting: City council Meeting date: April 5, 2021 Action agenda item: 8d Executive summary Title: Resolution in support of the Asian American and Pacific Islander community Recommended action: Motion to adopt Resolution in support of the Asian American and Pacific Islander community. Policy consideration: Does the city council wish to adopt the resolution in support of the Asian American and Pacific Islander community to denounce discrimination, harassment and violence against any individual or community, including those of Asian American and Pacific Islander descent or perceived as such? Summary: On Tuesday, March 23, 2021 the Human Rights Commission met to discuss recent events including the March 16, 2021, mass shooting in Atlanta, Ga., resulting in the death of eight people, six of whom were woman of Asian descent. The Human Rights Commission tasked a committee with developing a public statement for the council to consider. The committee drafted a statement that was shared with the mayor. Staff worked with the mayor to create the attached resolution. It affirms the city’s support of the Asian American and Pacific Islander community and denounces discrimination, hate crimes, harassment and violence against any individual or community, including those of Asian American and Pacific Islander descent. Financial or budget considerations: Not applicable. Strategic priority consideration: • St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. • St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Maria Solano , senior management analyst Approve d by: Tom Harmening, city manager City council meeting of April 5, 2021 (Item No. 8d) Page 2 Title: Resolution in support of the Asian American and Pacific Islander community Resolution No. 21-____ Resolution in support of the Asian American and Pacific Islander community Whereas, the City of 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; and Whereas, the Asian American and Pacific Islander (AAPI) community have been subject to racism since their arrival in the United States; and Whereas, fear and ignorance about the COVID-19 pandemic has led to scapegoating and anti-Asian American and Pacific Islander (AAPI) sentiment, manifesting in a rise in hateful rhetoric, false accusations and nearly daily reports of bullying, harassment, physical attacks and deadly violence directed at people of Asian heritage across the country; and Whereas, beginning in 2020 th ere has been a documented regional and nationwide trend of increased discrimination, hate and violence against Asian American and Pacific Islander communities – from young adults to our most vulnerable elderly – made worse by false narratives and xenophobia around the coronavirus; and Whereas, recent events including the March 16, 2021, mass shooting in Atlanta, Ga., resulting in the death of eight people, six of whom were woman of Asian descent; and the March 30 attack on an Asian American woman in Midtown Manhattan where bystanders did not intervene, have focused attention on the long history in the United States of discrimination and hate directed at Asian Americans and Pacific Islanders; and Whereas, misinformation about COVID-19 and associated false allegations of blame have impacted the wellbeing of Asian Americans, Pacific Islanders and those perceived as such, threatening the livelihoods and physical safety of members of these communities; and Whereas, the racist violence being perpetuated denies that the Asian American and Pacific Islander (AAPI) community have contributed to the vitality, economy and culture of the United States for ge nerations; and Whereas, more than 100 Americans are killed daily by gun violence, most of whom are in BIPOC communities; and Whereas, the St. Louis Park City Council and St. Louis Park Human Rights Commission strive to create a community where people of all backgrounds feel safe and are treated with respect and dignity and recognized for their contributions to St. Louis Park; and Whereas, the St. Louis Park Human Rights Commission will host a Summer of Action series that will highlight and offer opportunities to engage community members around activism and race equity. The program will focus on building social capital and community cohesion by fostering the ability for community to come together to dialogue, learn and build relationships while deepening their understanding of race equity; City council meeting of April 5, 2021 (Item No. 8d) Page 3 Title: Resolution in support of the Asian American and Pacific Islander community Now therefore be it resolved that the St. Louis Park City Council denounces discrimination, harassment and violence against any individual or community, including those of Asian American and Pacific Islander descent or perceived as such. We call upon our residents to stand as a collective whole to silence hate, and to make extra effort to ensure the safety and wellbeing of all residents and visitors to St. Louis Park. Reviewed for administration: Adopted by the City Council April 5, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk