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HomeMy WebLinkAbout2021/08/16 - ADMIN - Agenda Packets - City Council - RegularAGENDA AUG. 16, 2021 The St. Louis Park City Council is meeting in person at St. Louis Park City Hall, 5005 Minnetonka Blvd. in accordance with the most recent COVID-19 guidelines. Members of the public can attend the council meeting in person or watch the meeting by webstream at bit.ly/watchslpcouncil and on local cable (Comcast SD channel 17 and HD channel 859). Visit bit.ly/slpccagendas to view the agenda and reports. Special study session 5:45 p.m. – council chambers Discussion item 1. Racial equity and inclusion requirements for developers/developments requesting TIF EDA 6:20 p.m.; Regular city council meeting at 6:30 p.m. – council chambers Members of the public who want to address the city council during the regular meeting about items on the agenda may attend the meeting in person or 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-4p •952.562.2887 – item 5a - police advisory and environment & sustainability Commission appointments •952.562.2888 – item 8a - Amendments to Chapter 6 and Chapter 8 of the City Code •952.562.2886 – item 8b - Wat Promwachirayan (Wat Prom) conditional use permit amendment •952.562.2887 – item 8c - Ordinance pertaining to building readiness 6:20 p.m. Economic development authority 1.Call to order 2.Roll call 3.Approval of minutes 3a. EDA minutes of July 6, 2021 3b. EDA minutes of Aug. 2, 2021 4.Approval of agenda and items on EDA consent calendar Recommended action:**Motion to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from agenda, or move items from consent calendar to regular agenda for discussion.) 4a. Adopt EDA Resolution approving the Assignment and Assumption of Redevelopment Contract between Millennium Phase II and GS-INVREG Wayzata Owner, LLC. 4b. Adopt EDA Resolution approving the Sixth Amendment to the Amended and Restated Redevelopment Contract related to The West End/Central Park West. 4c. Adopt EDA Resolutions authorizing the submission of Livable Communities Demonstration Account (LCDA) grant applications to the Metropolitan Council for Beltline Boulevard Station redevelopment project, Wooddale Station redevelopment project, Minnetonka Boulevard redevelopment project, and Beltline Residences project. 4d. Adopt EDA Resolution authorizing bank signatories for the Economic Development Authority. 7.New business -- None Meeting of Aug. 16, 2021 City council agenda 6:30 p.m. City council meeting 1.Call to order 1a. Pledge of allegiance 1b. Roll call 2.Presentations 2a. Recognition of Assistant Fire Chief Hugo Searle’s years of service 2b. Playground junior leader and Westwood Hills Nature Center junior naturalist recognition 2c. Seeds Feeds Harvest Festival Day proclamation 2d. Recognition of donation 3.Approval of minutes – None 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. Approve second reading and adopt Ordinance amending chapter 36 pertaining to home occupations and approve summary ordinance for publication. 4b. Adopt Resolution electing not to waive the statutory tort limits for liability insurance. 4c. Adopt Resolution accepting work and authorizing final payment in the amount of $22,526.28 for the annual concrete replacement project with JL Theis, Inc. - Project No. 4020-0003, City Contract No. 25-20. 4d. Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3209 Cavell Lane, St. Louis Park, MN. P.I.D. 18-117-21-24-0013. 4e. Adopt Resolution approving acceptance of a $25 donation from Laurie Herstig for park enhancements or program needs at Westwood Hills Nature Center. 4f. Adopt Resolution approving the Assignment and Assumption of Redevelopment Contract between Millennium Phase II and GS-INVREG Wayzata Owner, LLC. 4g. Adopt Resolution approving the Sixth Amendment to the Amended and Restated Redevelopment Contract related to The West End/Central Park West. 4h. Adopt Resolution authorizing bank signatories. 4i. Adopt Resolution authorizing bank signatories for the Home Remodeling Fair. 4j. Adopt Resolution approving removal of special assessment deferral and reinstating the special assessment on the tax rolls - 2220 Ridge Dr #14, St. Louis Park, MN 55416. 4k. Approve a temporary on-sale liquor license for Church of the Holy Family at 5925 West Lake Street for their event to be held Sept. 11, 2021. 4l. Approve for filing parks & recreation advisory commission minutes of Jan. 20, 2021 4m. Approve for filing parks & recreation advisory commission minutes of March 17, 2021 4n. Approve for filing parks & recreation advisory commission minutes of April 21, 2021 4o. Approve for filing planning commission minutes of June 16, 2021 4p. Approve for filing planning commission minutes of July 21, 2021 Meeting of Aug. 16, 2021 City council agenda 5. Boards and commissions 5a. Appointments to the Police Advisory and Environment & Sustainability Commissions Recommended action: Motion to appoint Joe Schermann to the Police Advisory Commission (PAC) for a term beginning Aug. 16, 2021 and ending May 31, 2022, and to appoint Andrew Willette to the Environment & Sustainability Commission (ESC) for a term beginning on Aug. 16, 2021 and ending May 31, 2023. 6. Public hearings -- None 7. Requests, petitions, and communications from the public – None 8. Resolutions, ordinances, motions and discussion items 8a. First reading of various amendments to Chapter 6 and Chapter 8 of the City Code Recommended action: Motion to approve the first reading of all five ordinances amending various sections of Chapters 6 and 8 of the City Code, establishing fees, and set second reading for Sept. 20, 2021. 8b. Wat Promwachirayan (Wat Prom) conditional use permit amendment Recommended action: Motion to adopt Resolution approving the amendment to the conditional use permit (CUP) at 2544 Highway 100. 8c. First reading of ordinance pertaining to building readiness Recommended action: Motion to approve the first reading of ordinance amending chapters 6, 8, and 14 pertaining to building readiness for broadband, parking area safety, and public safety radio communications amplification and set second reading for Aug. 23, 2021. 9. Communications – None **NOTE: The consent calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a councilmember or a member of the public, that item may be moved to an appropriate section of the regular agenda for discussion. St. Louis Park Economic Development Authority and regular city council meetings are carried live on civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for video on demand replays. During the COVID-19 pandemic, agendas will be posted on Fridays on the entrance doors to city hall and on the text display on civic TV cable channel 17. The agenda and full packet are available after noon on Friday on the city’s website. If you need special accommodations or have questions about the meeting, please call 952.924.2525. Meeting: Special study session Meeting date: August 16, 2021 Discussion item: 1 Executive summary Title: Racial equity and inclusion requirements for developers/developments requesting TIF Recommended action: No action at this time. Council-led discussion regarding racial equity and inclusion requirements for developers/developments requesting tax increment financing (TIF). Policy consideration: Does the EDA wish to consider including diversity goals in development contracts in which financial assistance is provided? Summary: In July, council members Dumalag and Mohammed submitted a city council study session topic proposal to discuss racial equity and inclusion requirements for developers/developments requesting TIF with the rationale that employment and compensation is a way to bridge the wealth and income gap for residents and stakeholders that identify as Black, Indigenous, or People of Color (BIPOC) and should come through at all levels of an organization. Additionally, racial equity within the project development team (project contractors and vendors) is important to provide opportunities to BIPOC contractors, subcontractors, architects, and other vendors to build their portfolio of work. Some public sector projects (i.e., State of Minnesota, Hennepin County) currently have targeted racial equity business goals that are included in their contracts. Staff is seeking clarity from the council to define the proposal and scope of the request, as well as provide feedback on proposed development contract participation goals around racial equity and inclusion. Karen Barton, community development director and Nichole Salaam, Racial Equity Manager will be at the meeting. Financial or budget considerations: Developers could incur additional administrative costs complying with and implementing participation goals. Additional staff time will be required to ensure compliance with participation goals and/or other requirements. Strategic priority consideration: St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. Supporting documents: Discussion Study session topic proposal request Prepared by: Greg Hunt, economic development coordinator Karen Barton, community development director, EDA executive director Approved by: Cindy S. Walsh, interim city manager Special study session meeting of August 16, 2021 (Item No. 1) Page 2 Title: Racial equity and inclusion requirements for developers/developments requesting TIF Discussion Background: Large scale developments such as those recently constructed and those proposed in the city present business and employment opportunities to diverse business enterprises and workers. Currently, the EDA does not require developers to establish and implement diversity goals in development contracts in which tax increment financing is provided. However, given the city council’s strategic priority of being a leader in racial equity and inclusion, staff anticipated such requirements would be included in the future contracts for the Beltline and Wooddale Station redevelopments in which the EDA is an active development partner and is being asked for financial assistance. Present considerations: Staff conducted extensive research on diversity goals included in federal, state, regional, and county-led construction projects. In conjunction with the city’s racial equity manager, Nichole Salaam, staff have developed the following diversity goals proposed to be included in development contracts in which city financial assistance is provided: These goals would be consistent with those required by the State, Hennepin County, and MN Housing for construction projects in the metro area. Staff is also proposing to prepare a guide to address expectations surrounding implementation of these participation goals, including suggestions for community connections and ideas to create a more diverse workforce. Although the above suggested diversity goals have proven challenging for many Minnesota construction projects to achieve (as evidenced in a recent article from the Star Tribune: STRIB article of August 1, 2021), establishing such goals will serve to spur the development and construction industries benefiting from city financial assistance to further action in the hiring of women and BIPOC enterprises and workers, and supports the city’s strategic priority of being a leader in racial equity and inclusion. Next steps: Staff plans to bring proposed revisions to the city’s TIF policy to the EDA/council in October. Provided the EDA is supportive of the proposed diversity goals in development contracts, staff will include the proposed goals to the revisions in the TIF policy. Participation Goals Women Black, Indigenous, People of Color (BIPOC) Business Enterprises 6% 13% Workforce 20% 32% Special study session meeting of August 16, 2021 (Item No. 1) Page 3 Title: Racial equity and inclusion requirements for developers/developments requesting TIF Meeting: Economic development authority Meeting date: August 16, 2021 Minutes: 3a Unofficial minutes EDA meeting St. Louis Park, Minnesota July 6, 2021 1. Call to order President Brausen called the meeting to order at 6:27 p.m. 2. Roll call Commissioners present: President Brausen, Lynette Dumalag, Larry Kraft, Margaret Rog, and Jake Spano Commissioners absent: Nadia Mohamed and Rachel Harris Staff present: Executive Director (Mr. Harmening), CFO (Ms. Schmitt), Economic Development Coordinator (Mr. Hunt), City Attorney (Mr. Mattick), Interim Human Resources Officer (Ms. Timpone), Engineering Director (Ms. Heiser), Office Assistant (Mr. Peterson-Etem) 3. Approval of minutes - none 4. Approval of agenda and items on EDA consent calendar 4a. Accept for filing EDA disbursement claims for the period of May 29 - June 25, 2021. 4b. Adopt EDA Resolution No. 21-11 approving the preliminary development agreement between the EDA and Greater Metropolitan Housing Corporation. 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 5-0 (Commissioners Mohamed and Harris absent). 5. Reports - none 6. Old business - none 7. New business 7a. Resolution of support for tax increment financing assistance – Rise On 7. EDA Resolution No. 21-12 Mr. Hunt presented the staff report. Economic development authority meeting of August 16, 2021 (Item No. 3a) Page 2 Title: EDA meeting minutes of July 6, 2021 Commissioner Dumalag asked if any of the TIF assistance proceeds would go for improvements for the daycare space. Mr. Hunt stated the TIF would be for the housing portion of the development only. Commissioner Rog stated she shared her concerns about TIF and making sure ROI is realized. She noted council just approved $2.9 million in TIF assistance for 20 affordable units at TexaTonka and will soon be asked to approve a $8.7 million in TIF at the Beltline Boulevard station that will yield 82 affordable units. She added given how important affordable housing is currently in St. Louis Park, she believes this is a great deal with a potential $1.2 million TIF request, that will yield 120 units for folks at the lowest income levels, along with the daycare. She continued that this showcases working with non- profits whenever possible to create affordable housing, adding she is in support of this. Commissioner Kraft stated 120 units and $1.2 million in TIF assistance for 25 years, seems like a great use of funding and he is also supportive. Commissioner Spano agreed adding he is also supportive. It was moved by Commissioner Dumalag, seconded by Commissioner Rog, to adopt EDA Resolution No. 21-12, approving the provision of tax increment financing assistance for CommonBond Communities’ proposed Rise on 7 development should it subsequently be proven necessary. The motion passed 5-0 (Commissioners Mohamed and Harris absent). 8. Communications – none 9. Adjournment The meeting adjourned at 6:40 p.m. ______________________________________ ______________________________________ Melissa Kennedy, secretary Tim Brausen, president Meeting: Economic development authority Meeting date: August 16, 2021 minutes: 3b Unofficial minutes EDA meeting St. Louis Park, Minnesota Aug. 2, 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, Margaret Rog Commissioners absent: Jake Spano, Nadia Mohamed Staff present: Attorney (Mr. Mattick), Interim City Manager (Ms. Walsh), Community Development Director/EDA executive director (Ms. Barton) 3. Approval of minutes 3a. EDA meeting minutes of June 21, 2021 It was moved by Commissioner Rog, seconded by Commissioner Kraft, to approve the June 21, 2021, meeting minutes as presented. The motion passed 5-0 (Commissioners Spano and Mohamed absent). 4. Approval of agenda and items on EDA consent calendar 4a. Accept for filing EDA disbursement claims for the period of June 26 through July 23, 2021. 4b. Adopt EDA Resolution No. 21-13 authorizing an interfund loan to prepay the Bridgewater Bank TIF Note to the benefit of the Development Fund. 4c. Adopt EDA Resolution No. 21-14 approving a Collateral Assignment in connection with the Contract for Private Redevelopment with Texa Tonka Apartments, LLC for the Texa Tonka multifamily housing development. It was moved by Commissioner Dumalag, seconded by Commissioner Rog, to approve the EDA agenda as presented and the items on the consent calendar. The motion passed 5-0 (Commissioners Spano and Mohamed absent). 5. Reports - none 6. Old business - none Economic development authority meeting of August 16, 2021 (Item No. 3b) Page 2 Title: EDA meeting minutes of August 2, 2021 7. New business - none 8. Communications – none 9. Adjournment The meeting adjourned at 6:24 p.m. ______________________________________ ______________________________________ Melissa Kennedy, secretary Tim Brausen, president Meeting: Economic development authority Meeting date: August 16, 2021 Consent agenda item: 4a Executive summary Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI Recommended action: Motion to adopt EDA Resolution approving the Assignment and Assumption of Redevelopment Contract between Millennium Phase II and GS-INVREG Wayzata Owner, LLC. This action requires a similar approval by the council and is included on the August 16 city consent calendar. Policy consideration: Does the EDA find that the proposed Assignment and Assumption of the Redevelopment Contract between Millennium Phase II and GS-INVREG Wayzata Owner, LLC. pertaining to Phase VI of The West End/Central Park West development is in the best interest of the city and its residents? Summary: The Amended and Restated Contract for Private Redevelopment of May 17, 2010 between the EDA, the City, and Duke Realty LP provides that whenever material changes to The West End/Central Park West development are proposed, the EDA and city must formally approve them. The partners behind the Luxe Residential development (Millennium Phase II), at 5235 Wayzata Boulevard (referred to as Phase VI under the Contract), have chosen not to proceed with the project. They now wish to sell the subject property and assign the approved development plans to Greystar Real Estate Partners (GS-INVREG Wayzata Owner, LLC) which intends to construct the proposed development as approved under the Jan. 22, 2019 PUD. Approval of the proposed Assignment means that the EDA/council consents to Greystar’s assumption of all the obligations and conditions of the current Redevelopment Contract applicable to the subject Phase VI property. The Redeveloper has provided a proposed Assignment and Assumption of Redevelopment Contract and has requested that the EDA and city provide written approval of the Assignment by executing the Consent, Estoppel and Agreement attached to the Assignment. The EDA’s legal counsel has reviewed the proposed Assignment and Assumption recommends and its approval. Financial or budget considerations: Under the proposed Assignment and Assumption Agreement, Greystar assumes the financial obligations that were to be incurred by Millennium Phase II under the Redevelopment Contract as it pertains to the subject Redevelopment Property. Costs associated with this agreement are to be paid by Greystar. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: EDA Resolution Assignment and Assumption of Redevelopment Contract Prepared by: Greg Hunt, economic development coordinator Reviewed by: Karen Barton, community development director, EDA executive director Approved by: Cindy S. Walsh, interim city manager Economic development authority meeting of August 16, 2021 (Item No. 4a) Page 2 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI EDA Resolution No. 21 - ____ EDA resolution approving an Assignment and Assumption of Redevelopment Contract between Millennium Phase II, LLC and GS-INVREG Wayzata Owner, LLC Whereas, the St. Louis Park Economic Development Authority (the “Authority”) is currently administering its Redevelopment Project No. 1 ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"), and within the Project has established the West End Tax Increment Financing District (“TIF District”); and Whereas, the Authority, the City of St. Louis Park (“City”), and Duke Realty Limited Partnership (the “Redeveloper”) entered into an Amended and Restated Contract for Private Redevelopment Dated as of May 17, 2010, as amended (the “Contract”), regarding redevelopment of the property within the TIF District, which Contract has been assigned in part to Millennium Phase II, LLC (“Millennium”) as to the Redeveloper’s obligation to construct a multifamily rental facility (“Central Park West Phase VI”) on a portion of the property (the “Subject Property”); and Whereas, Millennium has now determined that it is in the best interest of the Project and TIF District to convey the Subject Property to GS-INVREG Wayzata Owner, LLC (the “Assignee”), and the Assignee intends to construct Central Park West Phase VI on the Subject Property; and Whereas, in connection with such conveyance, Millennium seeks to assign its obligations related to the Subject Property to the Assignee, and the Assignee agrees to accept such obligations, all pursuant to an Assignment and Assumption of Redevelopment Contract between Millennium and Assignee (the “Assignment”); and Whereas, the Board of Commissioners (the “Board”) of the Authority has reviewed the Assignment and finds that the approval and execution of the Authority’s consent thereto are in the best interest of the Authority, the City, and its residents. Now therefore be it resolved that the Assignment, including the attached Consent of the Authority related thereto, as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the consent to the Assignment by such officials shall be conclusive evidence of approval. It is further resolved that the President and Executive Director are hereby authorized to execute on behalf of the Authority the Consent attached to the Assignment and any other documents requiring execution by the Authority in order to carry out the transaction described in the Assignment. It is further resolved that Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Economic development authority meeting of August 16, 2021 (Item No. 4a) Page 3 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI Reviewed for Administration: Adopted by the Economic Development Authority August 16, 2021 Karen Barton, executive director Tim Brausen, president Attest Melissa Kennedy, secretary Economic development authority meeting of August 16, 2021 (Item No. 4a) Page 4 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI ASSIGNMENT AND ASSUMPTION OF REDEVELOPMENT CONTRACT THIS ASSIGNMENT AND ASSUMPTION OF REDEVELOPMENT CONTRACT (this “Agreement”) dated as of the ____ day of _____, 2021, is made and entered into by and between MILLENIUM PHASE II, LLC, a Minnesota limited liability company (“Assignor”), and GS-INVREG WAYZATA OWNER, LLC, a Delaware limited liability company (“Assignee”). WITNESSETH: WHEREAS, Assignor desires to assign to Assignee certain of Assignor’s obligations under that certain Amended and Restated Contract for Private Redevelopment dated May 17, 2010, by and among Duke Realty Limited Partnership, the City of St. Louis Park, a Minnesota municipal corporation (“City”), and the St. Louis Park Economic Development Authority (the “Authority”), recorded as Document No. 4781478 (the “Contract”), as amended by that certain First Amendment to Amended and Restated Contract for Private Redevelopment recorded as Document No. 4913709 (the “First Amendment”), as further amended that certain Second Amendment to Amended Restated Contract for Private Redevelopment recorded as Document No. 5254066 (the “Second Amendment”), as further amended by that certain Third Amendment to Amended and Restated Contract for Private Redevelopment recorded as Document No. 5354383 (the “Third Amendment”), and as further amended by that certain Fourth Amendment to Amended and Restated Contract for Private Redevelopment dated March 20, 2017 recorded as Document No. 5519407 (the “Fourth Amendment”), and as further amended by the Fifth Amendment to the Amended and Restated Contract for Private Development dated April 16, 2018 recorded as Document No. 5529977 (the “Fifth Amendment” and together with the Contract, the First Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment, the “Redevelopment Contract”); and WHEREAS, Assignor is contemporaneously herewith conveying certain real property, legally described in Exhibit A attached hereto (the “Subject Property”) to Assignee pursuant to that certain Purchase Agreement dated ______________, 2021, as amended (the “Purchase Agreement”) by and between Assignor and Assignee; and WHEREAS, title to the Subject Property is subject to and encumbered by the Redevelopment Contract, and the Subject Property consists of a portion of the real property defined as the Redevelopment Property under the Redevelopment Contract; and WHEREAS, Assignor desires to assign certain of its obligations, rights and interest in, to and under the Redevelopment Contract effective as of the Transfer Date, and Assignee desires to accept the assignment thereof and assume certain of Assignor’s obligations under the Redevelopment Contract from and after the Transfer Date, all as more particularly hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements contained herein, Assignor and Assignee hereby covenant and agree as follows: 1. Any capitalized term used herein and not otherwise defined herein shall have the meaning ascribed to such term in the Redevelopment Contract. 2. As of the Transfer Date, Assignor hereby assigns to Assignee the Assumed Obligations (as defined in Section 4 below), and all of Assignor’s rights and interest in, to and under the Redevelopment Contract relating or pertaining to, and to the extent applicable to, the Subject Property. 3. Assignor hereby agrees to indemnify and defend Assignee, its successors and assigns, and its and their employees, agents, members, managers and officers (collectively the “Assignee Indemnified Parties”) against, and hold the Assignee Indemnified Parties harmless from, any and all cost, liability, loss, damage or expense, including, without limitation, reasonable attorneys’ fees and expenses (collectively, “Losses and Liabilities”), arising out of or in any way related to a failure by Assignor, its successors or Economic development authority meeting of August 16, 2021 (Item No. 4a) Page 5 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI assigns to keep and perform, or a default by Assignor, its successors or assigns under, any of the covenants, obligations and agreements to be kept and performed by the Redeveloper under the Redevelopment Contract with regard to the Subject Property prior to the Transfer Date, except for the Assumed Obligations (as hereinafter defined) which shall be the sole obligation of the Assignee. 4. Assignee, as of the Transfer Date, hereby accepts the foregoing assignment, and, except as hereinafter expressly provided, assumes and agrees to keep and perform all of the covenants, obligations and agreements relating to, and to the extent applicable to, the Subject Property, and to be kept and performed by the Redeveloper under the Redevelopment Contract from and after the Transfer Date, (collectively, the “Assumed Obligations”). More specifically, Assignor and Assignee agree that the Assumed Obligations consist of the following (and only the following): (a) Section 2.2(b), (c), (d) and (f) to the extent such representations and warranties relate to the Subject Property; further, Assignee expressly represents, for the benefit of the Authority, that it is a limited liability company duly organized and in good standing under the laws of the State of Delaware, is not in violation of any provisions of its organizational documents or (to the best of its knowledge) the laws of the State of Minnesota, is in good standing, and has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its governing body; (b) Sections 3.2, 3.3, and 3.4 to the extent such covenants relate to the Subject Property; (c) Sections 4.1(b), (c), and (d), clauses (1), (8) and (9); Sections 4.2, 4.3, 4.5, 4.6, 4.7, and 4.,8 all to the extent such covenants relate to the Subject Property; (d) Article V, to the extent such insurance covenants relate to the Subject Property; (e) Article VI, to the extent such covenants relate to the Subject Property; (f) Sections 7.1 and 7.2(a) to the extent such financing covenants relate to the Subject Property; (g) Article VIII, to the extent such covenants relate to the Subject Property; provided that the parties agree and understand that this Assignment effectuates the Transfer of the Subject Property as contemplated in Section 8.2(b), (c) and (d); (h) Article IX, to the extent related to an Event of Default by Assignee in connection with any of the Assumed Obligations; and (i) Article X, to the extent such covenants relate to the Subject Property; and provided that the notice address for Assignee for purposes of Section 10.5 is as provided in Section 5 of this Agreement. Notwithstanding the foregoing or anything else to the contrary contained herein or in the Redevelopment Contract, Assignor and Assignee agree that Assignee is not hereby assuming or agreeing to keep and perform any of the covenants, obligations and agreements to be kept and performed by the Redeveloper under the Redevelopment Contract other than the Assumed Obligations from and after the Transfer Date. Assignee hereby agrees to indemnify and defend Assignor, its successors and assigns, and its and their employees, agents, partners and officers (collectively the “Assignor Indemnified Parties”) against, and hold the Assignor Indemnified Parties harmless from, any and all Losses and Liabilities arising out of or in any way related to a failure by Assignee, its successors or assigns to keep and perform, or a default by Assignee, its successors or assigns under, any of the Assumed Obligations. 5. Assignor shall give and deliver a copy of any notice, demand or other communication which Assignor gives or delivers to, or receives from, City and/or the Authority under the Redevelopment Economic development authority meeting of August 16, 2021 (Item No. 4a) Page 6 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI Contract, and that relates to or may affect the rights and interest of Assignee under the Redevelopment Contract or the Assumed Obligations, to Assignee in the manner set forth in Section 10.5 of the Redevelopment Contract, addressed or delivered personally to Assignee as follows: [Assignee address to be inserted] With a copy to: [attorney address to be inserted] or at such other address as Assignee may, from time to time, designate by written notice to Assignor given or delivered in the manner set forth in Section 10.5 of the Redevelopment Contract. Assignee shall give and deliver a copy of any notice, demand or other communication which Assignee gives or delivers to, or receives from, City and/or the Authority under the Redevelopment Contract, and that relates to or may affect the rights and interest of Assignor under the Redevelopment Contract, delivered personally to Assignor or given or delivered in the manner set forth in Section 10.5 of the Redevelopment Contract to Assignor pursuant to the notice addresses set forth therein, or at such other address as Assignor may, from time to time, designate by written notice to Assignee. 6. This Assignment shall be binding on and inure to the benefit of the parties hereto and their successors and assigns. 7. This Assignment shall be governed by and construed in accordance with the laws of the State of Minnesota. 8. This Assignment may be executed in counterparts, which counterparts when considered together shall constitute a single, binding, valid and enforceable agreement. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] Economic development authority meeting of August 16, 2021 (Item No. 4a) Page 7 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Assignment and Assumption of Redevelopment Contract as of the date first above written. ASSIGNEE: GS-INVREG WAYZATA OWNER, LLC, a Delaware limited liability company By: __________________________________ Its: __________________________________ STATE OF ___________ ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2021, by ________________, the ___________________ of GS-INVREG WAYZATA OWNER, LLC, a Delaware limited liability company, on behalf of the company. Notary Public [Assignee Signature Page to Assignment and Assumption of Redevelopment Contract] Economic development authority meeting of August 16, 2021 (Item No. 4a) Page 8 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI ASSIGNOR: MILLENIUM PHASE II, LLC, a Minnesota limited liability company By: __________________________________ Its ____________________________ STATE OF ___________ ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2021, by _________________, the ___________________ of MILLENIUM PHASE II, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: KENNEDY & GRAVEN, CHARTERED 150 South Fifth Street, Suite 700 Minneapolis, Minnesota 55402 (612) 337-9300 [Assignor Signature Page to Assignment and Assumption of Redevelopment Contract] Economic development authority meeting of August 16, 2021 (Item No. 4a) Page 9 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI Exhibit A SUBJECT PROPERTY Lot 2, Block 1, The Shops at West End Economic development authority meeting of August 16, 2021 (Item No. 4a) Page 10 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI CONSENT, ESTOPPEL AND AGREEMENT The undersigned, City of St. Louis Park, a Minnesota municipal corporation (“City”) and St. Louis Park Economic Development Authority, a public body corporate and politic (the “Authority”) hereby (i) consent to (A) the transfer of the Subject Property (as defined in the foregoing Assignment and Assumption of Redevelopment Contract) (the “Assignment and Assumption”) by the Assignor named therein (the “Assignor”) to the Assignee named therein (the “Assignee”) and (B) the execution and delivery by the Assignor and the Assignee of the Assignment and Assumption, and the terms and provisions thereof; (ii) agree that in the event of any inconsistency between the terms and provisions of the Assignment and Assumption and the terms and provisions of the Redevelopment Contract (as defined in the Assignment and Assumption), the terms and provisions of the Assignment and Assumption shall control; (iii) release Assignor from all the Assumed Obligations as defined in the Assignment and Assumption; and (iv) warrant, represent and certify to the Assignee as follows: (A) The Redevelopment Contract has not been modified or amended other than as described in the Assignment and Assumption and is in full force and effect as of the date hereof; and (B) There is no Event of Default in existence, nor is there in existence any state of facts or circumstances which, with the giving of notice or lapse of time or both, would constitute an Event of Default under the Redevelopment Contract. City and the Authority further covenant and agree to and for the benefit of the Assignee as follows: (C) City and the Authority will not enter into any modification or amendment of the Redevelopment Contract that would affect the rights and interest of the Assignee under the Redevelopment Contract or the Assumed Obligations (as defined in the Assignment and Assumption) unless such modification or amendment is entered into by Assignee. City and the Authority will not enter into any agreement terminating the Redevelopment Contract without the prior written consent of Assignee, unless such termination does not affect the rights and interests of the Assignee. (D) If an Event of Default (as defined in the Redevelopment Agreement) occurs, and such Event of Default does not relate to the Assumed Obligations (as defined in the Assignment and Assumption), City and the Authority may not and will not exercise their rights and remedies under the Redevelopment Contract arising or existing by reason of such Event of Default with respect to the Assignee or the Subject Property. (E) If the City and the Authority deliver any notice, demand or other communication to the Redeveloper under the Redevelopment Contract that relates to or may affect the rights and interest of the Assignee under the Redevelopment Contract or the Assumed Obligations, the City or Authority (as the case may be) shall deliver a copy of such notice, demand or communication to the Assignee in the manner set forth in Section 10.5 of the Redevelopment Contract, addressed or delivered personally to the Assignee as provided in Section 5 of the Assignment and Assumption. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Economic development authority meeting of August 16, 2021 (Item No. 4a) Page 11 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI IN WITNESS WHEREOF, City has caused this Consent, Estoppel and Agreement to be duly executed as of this ________ day of _________________, 2021. CITY OF ST. LOUIS PARK By:_______________________________________ Its: Mayor By:_______________________________________ Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by Jacob Spano and Kimberly R. Keller, the Mayor and City Manager, respectively, of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the City. ____________________________________________ Notary Public [CITY SIGNATURE PAGE TO CONSENT, ESTOPPEL AND AGREEMENT] Economic development authority meeting of August 16, 2021 (Item No. 4a) Page 12 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI IN WITNESS WHEREOF, the Authority has caused this Consent, Estoppel and Agreement to be duly executed as of this ________ day of _________________, 2021. ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY By:_______________________________________ Its: President By:_______________________________________ Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by Tim Brausen and Karen Barton, the President and Executive Director, respectively, of the St. Louis Park Economic Development Authority, a public body corporate and politic, on behalf of the Authority. ____________________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: KENNEDY & GRAVEN, CHARTERED 150 South 5th Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 738995v1 MNI SA285-84 [AUTHORITY SIGNATURE PAGE TO CONSENT, ESTOPPEL AND AGREEMENT] Meeting: Economic development authority Meeting date: August 16, 2021 Consent agenda item: 4b Executive summary Title: Sixth Amendment to Redevelopment Contract - West End/Central Park West – Phase VI Recommended action: Motion to adopt EDA Resolution approving the Sixth Amendment to the Amended and Restated Redevelopment Contract related to The West End/Central Park West. Policy consideration: Does the EDA support the terms and requirements related to Phase VI of The West End/Central Park West development as specified in the proposed Sixth Amendment to the Amended and Restated Redevelopment Contract? This action requires a similar approval by the council and is included on the August 16th consent calendar. Summary: The Amended and Restated Contract for Private Redevelopment of May 17, 2010 between the EDA, the City, and Duke Realty LP provides that whenever material changes to The West End/Central Park West development are proposed, the EDA and city must formally approve them. The partners behind the Luxe Residential development (Millennium Phase II), at 5235 Wayzata Boulevard, have decided not to proceed with the project. They now wish to sell the subject property and assign the approved plans to Greystar Real Estate Partners (GS-INVREG Wayzata Owner, LLC) which intends to construct the proposed development as approved under the Jan. 22, 2019 PUD. The mechanism for approving the proposed improvements on the subject site is through a proposed Sixth Amendment to the Contract for Private Redevelopment. The proposed Sixth Amendment includes several specific terms along with construction timelines. A summary of the key proposed terms and requirements is attached. The EDA’s legal counsel has reviewed the proposed Amendment and recommends and its approval. Financial or budget considerations: New Redeveloper, Greystar, will not be receiving tax increment financing (TIF) in conjunction with the proposed Luxe Residential development. The net effect of the new development upon completion is that it will increase the amount of tax increment generated within the West End TIF District thereby allowing the EDA to pay off the TIF Note to the original Redeveloper, Duke Realty, more quickly. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion EDA resolution Sixth amendment Prepared by: Greg Hunt, economic development coordinator Reviewed by: Karen Barton, community development director, EDA executive director Approved by: Cindy S. Walsh, interim city manager Economic development authority meeting of August 16, 2021 (Item No. 4b) Page 2 Title: Sixth Amendment to Redevelopment Contract - West End/Central Park West – Phase VI Discussion Background: The West End redevelopment is located southwest of the Highway 100 and I-394 interchange, and is bounded by Gamble Drive to the south and Park Place Boulevard to the west. The West End integrates retail, restaurants, entertainment, hotel, office and residential uses. The district first received approval in 2007 and has been steadily redeveloping in phases since then. The West End redevelopment plan contemplated the future redevelopment of the former Olive Garden restaurant property located at 5235 Wayzata Boulevard (“subject property”), as well as several surrounding parcels in a multi-phase plan referred to as Central Park West. When the adjacent Millennium at West End development was reviewed and approved, a concept plan for redevelopment for both the Chili’s and Olive Garden restaurant sites to change to multiple family residential was presented to the city council. Redevelopment of the Olive Garden parcel was specified as Phase VI in the Amended and Restated Contract for Private Redevelopment approved by the EDA. Present considerations: On January 22, 2019, Luxe Residential received preliminary and final planned unit development (PUD) approval for a multifamily redevelopment of 5235 Wayzata Boulevard. The Redeveloper planned to demolish the existing one-story restaurant and construct a six-story, 339,497-square-foot apartment building with 207 dwelling units and two levels of underground structured parking. The Luxe Residential apartment project would include a mix of 51 studio,78 one-,66 two- and 12 three-bedroom units. Eight of the units would be affordable to households at 60% median income (AMI). The development also included outdoor amenity space for residents and a new pocket park on the south portion of the site next to 16th Street West. Construction on the project was anticipated to begin in spring 2019. The Amended and Restated Contract for Private Redevelopment of May 17, 2010 between the EDA, the City, and Duke Realty LP provides that whenever material changes to The West End/Central Park West redevelopment are proposed, the EDA and city must formally approve them. The partners behind Luxe Residential (Millennium Phase II) subsequently decided not to proceed with the Phase VI project. They now wish to sell the subject property and assign the approved construction plans to Greystar Real Estate Partners which intends to build the proposed development as approved under the January 22, 2019 PUD. The mechanism for approving the proposed improvements on the subject site is through a proposed Sixth Amendment Amended and Restated Contract for Private Redevelopment. Summary of Sixth Amendment to West End/Central Park West Redevelopment Contract: The following are the key business terms between the EDA, City, and Greystar Real Estate Partners (GS-INVREG Wayzata Owner, LLC and “Redeveloper”), incorporated in the proposed Sixth Amendment to the Amended and Restated Contract for Private Redevelopment. The required Minimum Improvements are to be constructed on the property located at 5235 Wayzata Boulevard referred to as the “subject property”. 1.The Minimum Improvements on the subject property shall consist of the following: approximately 207 units of multifamily rental housing (including approximately 199 market rate units and approximately 8 units affordable to households at 60% area median income) and associated structured parking, Economic development authority meeting of August 16, 2021 (Item No. 4b) Page 3 Title: Sixth Amendment to Redevelopment Contract - West End/Central Park West – Phase VI constructed substantially in accordance with the terms of a Planning Development Contract between the City and Wayzata, dated August __, 2021. 2.Redeveloper agrees to commence construction on the Minimum Improvements by October 31, 2021 and substantially complete them by September 30, 2023. 3.Redeveloper agrees to reimburse the EDA for all out of pocket-costs incurred by the EDA in connection with negotiating, drafting and approval of this Amendment. Next steps: Upon closing of its financing for the proposed development, Greystar plans to commence construction on the Minimum Improvements by October 31, 2021. Economic development authority meeting of August 16, 2021 (Item No. 4b) Page 4 Title: Sixth Amendment to Redevelopment Contract - West End/Central Park West – Phase VI EDA Resolution No. 21 - ____ Resolution Approving a Sixth Amendment to Amended and Restated Contract for Private Redevelopment among the City of St. Louis Park, the St. Louis Park Economic Development Authority, Central Park West, LLC, and Related Redeveloper Entities Whereas, the St. Louis Park Economic Development Authority (the “Authority”) is currently administering its Redevelopment Project No. 1 ("Project") within the City of St. Louis Park (the “City”) pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"), and within the Project has established the West End Tax Increment Financing District (“TIF District”); and Whereas, the Authority, the City, and Duke Realty Limited Partnership (“Duke”) entered into an Amended and Restated Contract for Private Redevelopment dated as of May 17, 2010, regarding redevelopment of a portion of the property within the TIF District, as subsequently amended (as so amended, the “Contract”); and Whereas, Duke has assigned its obligations under the Contract to Central Park West, LLC (“CPW”), and certain obligations under the Contract have been further assigned to other entities, currently including Elan West End Apartments Owner, LLC; OP4 SLP, LLC; 10 West End, LLC; and GS-INVREG Wayzata Owner, LLC, all pursuant to various Assignment and Assumption instruments approved by the Authority (such entities collectively the “Redeveloper Entities”); and Whereas, the parties to the Contract have determined a need to amend the Contract in order to extend the required construction timeline for CPW Phase VI (as defined in the Contract) and to more clearly define the scope of construction of such CPW Phase VI, and to that end have prepared a Sixth Amendment to Amended and Restated Contract for Private Redevelopment (the “Sixth Amendment”), by and among the Authority, the City, and the Redeveloper Entities; and Whereas, the Board of Commissioners (the “Board”) of the Authority has reviewed the Sixth Amendment and finds that the approval and execution thereof and performance of the Authority’s obligations thereunder are in the best interest of the City and its residents. Now therefore be it resolved that the Sixth Amendment as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. It is further resolved that the President and Executive Director are hereby authorized to execute on behalf of the Authority the Sixth Amendment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. Economic development authority meeting of August 16, 2021 (Item No. 4b) Page 5 Title: Sixth Amendment to Redevelopment Contract - West End/Central Park West – Phase VI It is further resolved that Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Reviewed for administration: Adopted by the Economic Development Authority August 16, 2021 Karen Barton, executive director Tim Brausen, president Attest: Melissa Kennedy, secretary Economic development authority meeting of August 16, 2021 (Item No. 4b) Page 6 Title: Sixth Amendment to Redevelopment Contract - West End/Central Park West – Phase VI SIXTH AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT This Sixth Amendment to Amended and Restated Contract for Private Redevelopment (“Amendment”), dated as of August ______, 2021, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (the “City”), ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of the State of Minnesota (the “Authority”), ELAN WEST END APARTMENTS OWNER, LLC, a Minnesota limited liability company (“Elan Phase II”), GS-INVREG WAYZATA OWNER, LLC, a Delaware limited liability company (“Wayzata”), OP4 SLP, LLC, a Minnesota limited liability company (“OP4”), and 10 WEST END, LLC (“10 West End” and together with Elan Phase II, Wayzata, and OP4, as their interests appear, the “Redeveloper”); WITNESSETH: A.The Authority currently administers Redevelopment Project No. 1 (the “Redevelopment Project”) and the West End Tax Increment Financing District within the Redevelopment Project (the “TIF District”), pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”) and Sections 469.174 to 469.1799, as amended (the “TIF Act”). B.The Authority, the City, and Duke Realty Limited Partnership (“Duke”) entered into an Amended and Restated Contract for Private Redevelopment dated May 17, 2010, recorded as Document No. 4781478, amended by a First Amendment thereto dated November 21, 2011 recorded as Document No. 4913709 (as so amended, the “Contract”), which described the parties’ respective responsibilities regarding redevelopment of certain property in the TIF District (referred to as the “Redevelopment Property”). C.On September 11, 2013, Duke assigned its interests in the Contract as to a portion of the Redevelopment Property described as Lot 1, Block 1 and Lot 2, Block 1, The Shops at West End to Millennium at West End, LLC (“Millennium”), pursuant to an Assignment and Assumption of Redevelopment Contract, recorded in the office of the Hennepin County Registrar of Titles as Document No. T05115015. A certificate of completion has been issued for Lot 1, Block 1, The Shops at West End, described below as Phase IIC (multifamily). D.Millennium subsequently assigned its interests in the Contract as to Lot 2, Block 1, The Shops at West End (the “Olive Garden Property”) to Millennium Phase II, an Affiliate (as such term is defined in the Contract), pursuant to an Assignment and Assumption of Redevelopment Contract dated as of April 26, 2016, and Millennium Phase II subsequently assigned its interest in the Olive Garden Property to Wayzata pursuant to an Assignment and Assumption of Redevelopment Contract of even date herewith. The Olive Garden Property is described below as Central Park West Phase VI. E.On May 8, 2015, Duke assigned its interests in the Contract to Central Park West, LLC (“CPW”) pursuant to an Assignment and Assumption of Redevelopment Contract, recorded in the office of the Hennepin County Registrar of Titles as Documents No. T05254066 and T05258753, and simultaneously therewith, the City, the Authority, Duke, and CPW entered into a Second Amendment to Amended and Restated Contract for Private Redevelopment, recorded in the office of the Hennepin County Registrar of Titles as Document No. T05254067 (the “Second Amendment”), relating to the Olive Garden Property and the portion of the Redevelopment Property described as Lots 1, 2, and 3, Block 1 and Outlot A, Central Park West P.U.D. No. 121. F.In accordance with the Contract and Second Amendment, and pursuant to separate Assignment and Assumptions of Redevelopment Contract, both dated as of May 8, 2015 and recorded in the office of the Hennepin County Registrar of Titles as Documents No. T05254076 and T05254079, CPW assigned (i) to OP4, CPW’s rights in and obligations under the Contract and Second Amendment with respect to Central Park West Phase IV and Central Park West Phase V, which phases relate to the portion of the Economic development authority meeting of August 16, 2021 (Item No. 4b) Page 7 Title: Sixth Amendment to Redevelopment Contract - West End/Central Park West – Phase VI Redevelopment Property described as Lot 2, Block 1, Central Park West P.U.D. No. 121 Second Addition and Outlot A, Central Park West P.U.D. No. 121 Second Addition, and (ii) to ACSLP, LLC, CPW’s rights in and obligations under the Contract and Second Amendment with respect to Central Park West Phase III, which phase relates to the portion of the Redevelopment Property described as Lot 3, Block 1, Central Park West P.U.D. No. 121. G. Construction of Central Park West Phase I and Central Park West Phase III has been completed, and certificates of completion have been issued for those two phases. H. In accordance with the Contract and Second Amendment, and pursuant to an Assignment and Assumption of Redevelopment Contract, dated as of April 10, 2017, CPW assigned its rights in and obligations under the Contract and Second Amendment with respect to Central Park West Phase II, which phase relates to the portion of the Redevelopment Property described as Lot 2, Block 1, Central Park West P.U.D. No. 121, to CPW Phase II, and CPW Phase II subsequently assigned its interest in such property to Elan Phase II pursuant to an Assignment and Assumption of Redevelopment Contract dated as of April 16, 2019, and recorded on that date in the office of the Hennepin County Registrar of Titles as Document No. T05606204. I. On May 2, 2016, the parties entered into a Third Amendment to Amended and Restated Contract for Private Redevelopment, recorded in the office of the Hennepin County Registrar of Titles as Document No. 5354383 (the “Third Amendment”), in order to extend the required dates of commencement and completion of construction of certain phases of the Minimum Improvements. J. On March 20, 2017, the parties entered into a Fourth Amendment to Amended and Restated Conract for Private Redevelopment, recorded in the office of the Hennepin County Registrar of Titles as Document No. T05519407 (the “Fourth Amendment”), in order to extend the required dates of commencement and completion of Central Park West Phase IV and Central Park West Phase V of the Minimum Improvements. K. On April 16, 2018, the parties entered into a Fifth Amendment to Amended and Restated Contract for Private Redevelopment, recorded in the office of the Hennepin County Registrar of Titles as Document No. T05529977 (the “Fifth Amendment,” and together with the Second Amendment, Third Amendment, and Fourth Amendment, the “Amendments”), in order to extend the required dates of commencement and completion of Central Park West Phase II, Central Park West Phase IV, and Central Park West Phase V of the Minimum Improvements. L. On September 3, 2019, in accordance with the Contract and Amendments and pursuant to an Assignment and Assumption of Redevelopment Contract, dated as of September 3, 2019, OP4 assigned its rights in and obligations under the Contract and Amendments with respect to Central Park West Phase IV, which phase relates to the portion of the Redevelopment Property described as Lot 2, Block 1, Central Park West P.U.D. No. 121 Second Addition, to 10 West End. M. Due to the assignment of the Redeveloper’s obligations with regard to Central Park West Phase VI of the Minimum Improvements and the determination of more precise dates for the commencement and completion of construction of this phase, as well as a more specific definition of the Central Park West Phase VI improvements to be constructed, the parties have agreed to modify certain terms and conditions of the Contract and Amendments as set forth below. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Amendment to Section 4.1(b) of the Contract. Section 4.1(b) of the Contract with regard to Central Park West Phase VI is amended as follows: Central Park West Phase VI: approximately 207 units of multifamily rental housing (including approximately 199 market rate units and approximately 8 units affordable to households at 60% Economic development authority meeting of August 16, 2021 (Item No. 4b) Page 8 Title: Sixth Amendment to Redevelopment Contract - West End/Central Park West – Phase VI area median income) and associated structured parking, constructed substantially in accordance with the terms of a Planning Development Contract between the City and Wayzata, dated August __, 2021. 2. Amendment to Schedule G of the Contract. Schedule G of the Contract is amended as follows: CONSTRUCTION SCHEDULE Phase Required Commencement Date Required Completion Date Phase I (Demolition and 16 St.) December 18, 2007 August 1, 2009* Phase IIA (Retail and office; West End Blvd.) July 1, 2008 June 1, 2010** Phase IIC (multifamily housing) March 1, 2014 December 31, 2016*** Central Park West Phase I (multifamily housing) November 28, 2015 June 30, 2017+ Central Park West Phase II (multifamily housing) April 1, 2020 April 1, 2022 Central Park West Phase III (hotel) April 1, 2016 August 31, 2017++ Central Park West Phase IV (office) April 1, 2020 September 30, 2021 Central Park West Phase V (office) April 1, 2023 September 30, 2024 Central Park West Phase VI (multifamily housing) October 31, 2021 September 30, 2023 *Phase I is complete and a Certificate of Completion has been delivered for this Phase. **Phase IIA is complete and a Certificate of Completion has been delivered for this Phase. ***Phase IIC is complete and a Certificate of Completion has been delivered for this Phase. +Central Park West Phase I is complete and a Certificate of Completion has been delivered for this Phase. ++Central Park West Phase III is complete and a Certificate of Completion has been delivered for this Phase. 3. Miscellaneous. Except as amended by this Amendment, the Contract and Amendments shall remain in full force and effect. Upon execution, Redeveloper shall reimburse the Authority for all out-of pocket-costs incurred by the Authority in connection with negotiating, drafting and approval of this Amendment. This Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument. (The remainder of this page is intentionally left blank.) Economic development authority meeting of August 16, 2021 (Item No. 4b) Page 9 Title: Sixth Amendment to Redevelopment Contract - West End/Central Park West – Phase VI IN WITNESS WHEREOF, the City, the Authority and the Redeveloper have caused this Amendment to be duly executed by their duly authorized representatives. CITY OF ST. LOUIS PARK By Its Mayor By Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _________, 2021, by Jacob Spano and Kimberly R. Keller, the Mayor and City Manager, respectively, of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the City. Notary Public ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _________, 2021, by Tim Brausen and Karen Barton, the President and Executive Director, respectively, of the St. Louis Park Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the Authority. Notary Public (City and Authority Signature Page to Sixth Amendment to Amended and Restated Contract) Economic development authority meeting of August 16, 2021 (Item No. 4b) Page 10 Title: Sixth Amendment to Redevelopment Contract - West End/Central Park West – Phase VI ELAN WEST END APARTMENTS OWNER, LLC By STATE OF ___________ ) ) SS. COUNTY OF _______ __ ) This instrument was acknowledged before me this ____ day of ____________, 2021, by _______________, the _________________ of Elan West End Apartments Owner, LLC, a Delaware limited liability company, on behalf of the limited liability company. Notary Public OP4 SLP, LLC By Its _______________________ STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2021, by _________________, the _________________ of OP4 SLP, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public (Redeveloper Signature Page to Sixth Amendment to Amended and Restated Contract) Economic development authority meeting of August 16, 2021 (Item No. 4b) Page 11 Title: Sixth Amendment to Redevelopment Contract - West End/Central Park West – Phase VI 10 WEST END, LLC By Its _______________________ STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2021, by _________________, the _________________ of 10 West End, LLC, a Delaware limited liability company, on behalf of the company. Notary Public GS-INVREG WAYZATA OWNER, LLC By _________________________________ Its ____________________________ STATE OF ___________ ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2021, by _________________, the ___________________ of GS-INVREG WAYZATA OWNER, LLC, a Delaware limited liability company, on behalf of the company. Notary Public This document was drafted by: KENNEDY & GRAVEN, Chartered (MNI) 470 US Bank Plaza Minneapolis, Minnesota 55402 Telephone: 612-337-9300 738940 MNI SA285-84 (Redeveloper Signature Page to Sixth Amendment to Amended and Restated Contract) Meeting: Economic development authority Meeting date: August 16, 2021 Consent agenda item: 4c Executive summary Title: Metropolitan Council Livable Communities Demonstration Account grant applications Recommended action: Motion to adopt EDA Resolutions authorizing submission of Livable Communities Demonstration Account (LCDA) grant applications to Metropolitan Council for: - Beltline Boulevard Station redevelopment project - Wooddale Station redevelopment project - Minnetonka Boulevard redevelopment project - Metropolitan Council for the Beltline Residences project Policy consideration: Does the EDA support the submission of grant applications to the Metropolitan Council LCDA program to facilitate four pending redevelopment projects? Summary: As noted in the July 26, 2021 study session staff report, the EDA has been asked to submit applications for Metropolitan Council Livable Communities Demonstration Account (LCDA) grants on behalf of four pending redevelopment projects including Beltline Boulevard Development, Wooddale Station, Minnetonka Boulevard redevelopment, and Beltline Residences. Each project is requesting an LCDA grant to help fund public and site improvements including stormwater, public art and placemaking, and sustainable elements not including solar. It is anticipated each project will request approximately $1.5 million in grant funds. LCDA grants are offered once a year. Awards are announced at end of the year. Grant applications are due in September and require a resolution authorizing the application from the governing body where the project is located. The resolutions of support for these proposed grant applications do not commit the EDA to any of the upcoming planning or TIF approvals requested by the developer. Financial or budget considerations: Each of the four proposed LCDA applications are requesting approximately $1.5 million in grant funds. There is no match requirement for these grants. The EDA would simply serve as the conduit for any grant funds awarded. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolutions Prepared by: Julie Grove, economic development specialist; Jennifer Monson, senior planner Reviewed by: Greg Hunt, economic development coordinator Karen Barton, community development director, EDA executive director Approved by: Cindy Walsh, Interim city manager Economic development authority meeting of August 16, 2021 (Item No. 4c) Page 2 Title: Metropolitan Council Livable Communities Demonstration Account grant applications EDA Resolution No. 21-____ Resolution authorizing an application to the Metropolitan Council Livable Communities Demonstration Account on behalf of Beltline Boulevard Development Whereas, the St. Louis Park Economic Development Authority (“EDA”) is a participant in the Livable Communities Act (“LCA”) Housing Incentives Program for 2020 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account (LCDA) funds; and Whereas, the EDA has identified a proposed project within the city that meets the Demonstration Account’s purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and Whereas, the EDA has the institutional, managerial and financial capability to ensure adequately project administration; and Whereas, the EDA certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and Whereas, the EDA acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and Whereas, only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. Now therefore be it resolved that, the St. Louis Park EDA authorizes its Executive Director to submit an application for Metropolitan Council Livable Communities Demonstration Account grant funds on behalf of Beltline Boulevard Development for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the St. Louis Park EDA, where the project is located. I certify that the above resolution was adopted by the St. Louis Park Economic Development Authority on, August 16, 2021. Economic development authority meeting of August 16, 2021 (Item No. 4c) Page 3 Title: Metropolitan Council Livable Communities Demonstration Account grant applications Reviewed for administration: Adopted by the Economic Development Authority August 16, 2021 Karen Barton, executive director Tim Brausen, president Attest: Melissa Kennedy, secretary Economic development authority meeting of August 16, 2021 (Item No. 4c) Page 4 Title: Metropolitan Council Livable Communities Demonstration Account grant applications EDA Resolution No. 21-____ Resolution authorizing an application to the Metropolitan Council Livable Communities Demonstration Account on behalf of Wooddale Station redevelopment Whereas, the St. Louis Park Economic Development Authority (“EDA”) is a participant in the Livable Communities Act (“LCA”) Housing Incentives Program for 2020 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account (LCDA) funds; and Whereas, the EDA has identified a proposed project within the city that meets the Demonstration Account’s purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and Whereas, the EDA has the institutional, managerial and financial capability to ensure adequately project administration; and Whereas, the EDA certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and Whereas, the EDA acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and Whereas, only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. Now therefore be it resolved that, the St. Louis Park EDA authorizes its Executive Director to submit an application for Metropolitan Council Livable Communities Demonstration Account grant funds on behalf of Wooddale Station redevelopment site for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the St. Louis Park EDA, where the project is located. I certify that the above resolution was adopted by the St. Louis Park Economic Development Authority on, August 16, 2021. Economic development authority meeting of August 16, 2021 (Item No. 4c) Page 5 Title: Metropolitan Council Livable Communities Demonstration Account grant applications Reviewed for administration: Adopted by the Economic Development Authority August 16, 2021 Karen Barton, executive director Tim Brausen, president Attest: Melissa Kennedy, secretary Economic development authority meeting of August 16, 2021 (Item No. 4c) Page 6 Title: Metropolitan Council Livable Communities Demonstration Account grant applications EDA Resolution No. 21-____ Resolution authorizing an application to the Metropolitan Council Livable Communities Demonstration Account on behalf of Minnetonka Boulevard Redevelopment Whereas, the St. Louis Park Economic Development Authority (“EDA”) is a participant in the Livable Communities Act (“LCA”) Housing Incentives Program for 2020 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account (LCDA) funds; and Whereas, the EDA has identified a proposed project within the city that meets the Demonstration Account’s purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and Whereas, the EDA has the institutional, managerial and financial capability to ensure adequately project administration; and Whereas, the EDA certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and Whereas, the EDA acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and Whereas, only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. Now therefore be it resolved that, the St. Louis Park EDA authorizes its Executive Director to submit an application for Metropolitan Council Livable Communities Demonstration Account grant funds on behalf of Minnetonka Boulevard Redevelopment for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the St. Louis Park EDA, where the project is located. I certify that the above resolution was adopted by the St. Louis Park Economic Development Authority on, August 16, 2021. Economic development authority meeting of August 16, 2021 (Item No. 4c) Page 7 Title: Metropolitan Council Livable Communities Demonstration Account grant applications Reviewed for administration: Adopted by the Economic Development Authority August 16, 2021 Karen Barton, executive director Tim Brausen, president Attest: Melissa Kennedy, secretary Economic development authority meeting of August 16, 2021 (Item No. 4c) Page 8 Title: Metropolitan Council Livable Communities Demonstration Account grant applications EDA Resolution No. 21-____ Resolution authorizing an application to the Metropolitan Council Livable Communities Demonstration Account on behalf of Beltline Residences Whereas, the St. Louis Park Economic Development Authority (“EDA”) is a participant in the Livable Communities Act (“LCA”) Housing Incentives Program for 2020 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account (LCDA) funds; and Whereas, the EDA has identified a proposed project within the city that meets the Demonstration Account’s purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and Whereas, the EDA has the institutional, managerial and financial capability to ensure adequately project administration; and Whereas, the EDA certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and Whereas, the EDA acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and Whereas, only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. Now therefore be it resolved that, the St. Louis Park EDA authorizes its Executive Director to submit an application for Metropolitan Council Livable Communities Demonstration Account grant funds on behalf of Beltline Residences for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the St. Louis Park EDA, where the project is located. I certify that the above resolution was adopted by the St. Louis Park Economic Development Authority on, August 16, 2021. Economic development authority meeting of August 16, 2021 (Item No. 4c) Page 9 Title: Metropolitan Council Livable Communities Demonstration Account grant applications Reviewed for administration: Adopted by the Economic Development Authority August 16, 2021 Karen Barton, executive director Tim Brausen, president Attest: Melissa Kennedy, secretary Meeting: Economic development authority Meeting date: August 16, 2021 Consent agenda item: 4d Executive summary Title: Authorize bank signatories for the EDA Recommended action: Motion to adopt EDA Resolution authorizing bank signatories for the Economic Development Authority. Policy consideration: Does the EDA board approve the changes to 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 as amended on May 3, 2021, state that the signatures of the EDA president and the executive director are required on EDA checks. The bylaws also state that the city manager or a person designated by the city manager shall serve as the executive director. Karen Barton has been designated to serve as the executive 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. Staff recommends removing Thomas Harmening and adding Karen Barton as a check signer. Tim Brausen, EDA president, will remain on the account as a check signer. Staff also recommends removing Cindy Walsh and adding Kimberly Keller as a secondary signer, with Margaret Rog, EDA vice president, remaining on the account as a secondary signer in accordance with the bylaws to assume powers and duties when necessary. The following signatories are recommended for the EDA account: Tim Brausen, EDA president Check signer as required by EDA bylaws Karen Barton, executive director Check signer as required by EDA bylaws Margaret Rog, EDA vice president Secondary authority Kimberly Keller, city manager 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: Melanie Schmitt, chief financial officer Approved by: Cindy S. Walsh, interim city manager Economic development authority meeting of August 16, 2021 (Item No. 4d) 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, the bylaws of the Economic Development Authority as amended require checks to be signed by the EDA President and the individual designated as the Executive Director; and Whereas, Karen Barton was designated the Executive Director of the Economic Development Authority; and Whereas, it is necessary to update the current bank signatories; 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. Tim Brausen, EDA president Karen Barton, executive director Margaret Rog, EDA vice president Kimberly Keller, city manager Reviewed for administration: Adopted by the Economic Development Authority August 16, 2021 Karen Barton, executive director Tim Brausen, president Attest: Melissa Kennedy, secretary Meeting: City council Meeting date: August 16, 2021 Presentation: 2a Executive summary Title: Recognition of Assistant Fire Chief Hugo Searle’s years of service Recommended action: Read certificate and recognize Hugo Searle for 19 years of service to the City of St. Louis Park. Policy consideration: None at this time. Summary: City policy states that employees who retire or resign in good standing with over 10 years of service will be presented with a framed certificate from the mayor, city manager and city council. Hugo Searle, assistant fire chief of training and EMS, is retiring after 19 years of service to the city. Hugo will be in attendance at this meeting. The mayor is asked to read the certificate and present it to Hugo in recognition of his years of service. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Not applicable. Prepared by: Ali Timpone, interim human resources officer Approved by: Cindy S. Walsh, interim city manager Meeting: City council Meeting date: August 16, 2021 Presentation: 2b Executive summary Title: Playground junior leader and Westwood Hills Nature Center junior naturalist recognition Recommended action: The mayor is asked to recognize the junior leaders and junior naturalists for their service this summer. Recreation Supervisor, Lisa Abernathy, along with Naturalist, Becky McConnell, will be in attendance to assist with the presentation. Policy consideration: Not applicable. Summary: There were 37 youth volunteers that served in the playground junior leader and Westwood Hills Nature Center junior naturalist programs this summer. Collectively they volunteered over 1,000 hours. The junior leader’s program has been part of the recreation division for close to 35 years. The goal of this program is to offer 7th – 9th grade youth an opportunity to gain valuable on-the-job experience assisting full-time leaders with youth, ages four to twelve. This often leads to future job opportunities within City programs. This summer there were 13 playground sites with close to 1,260 kids registered. The junior naturalist program has been part of Westwood Hills Nature Center for 30 years. The goal of the program is to foster responsibility, community service, initiative, teamwork and leadership skills in 7th – 12th grade youth. By volunteering in a cooperative, goal-oriented and engaging work environment, the junior naturalists gain important job skills, knowledge and experience. This year they helped serve 320 summer camp participants. We strive to include youth of all backgrounds especially in the BIPOC community. Due to COVID-19 there were less volunteers than there has been in the past, but we are so grateful to have as many as we had. The junior leaders and junior naturalists are rewarded with this special recognition, a letter of recommendation and passes to The Rec Center’s ice arena and Aquatic Park. 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: Discussion Prepared by: Stacy Voelker, senior office assistant Lisa Abernathy, recreation supervisor Becky McConnell, interpretive naturalist Reviewed by: Mark Oestreich, nature center manager Jason T. West, recreation superintendent Approved by: Cindy S. Walsh, interim city manager City council meeting of August 16, 2021 (Item No. 2b) Page 2 Title: Playground junior leader and Westwood Hills Nature Center junior naturalist recognition Discussion Background: There are two teen volunteer programs in the Operations and Recreation Department. The junior leaders volunteer during June and July in the summer playground program. Along with playground staff, junior leaders play a key role in providing a positive experience for each participant. Job responsibilities for junior leaders include assisting leaders with program activities, set-up and clean-up and initiating activities for playground participants. Junior leaders demonstrate responsibility, positive attitudes and a willingness to spend part of their summer volunteering their time at a neighborhood park. During their time in the parks, they become role models for the program participants they work with, as well as excellent helpers for the full-time leaders. The other teen volunteer program is the junior naturalists at Westwood Hills Nature Center. The junior naturalists assist the naturalists with summer camps that run weekly in June, July and August. They provide valuable support helping with nature hikes, games, activities, crafts, set-up and clean-up. Because of their dedication and willingness to serve, summer camp participants’ experience is safer and more engaging. Meeting: City council Meeting date: August 16, 2021 Presentation: 2c Executive summary Title: Seeds Feeds Harvest Festival Day proclamation Recommended action: The Mayor is asked to read and present the proclamation to the Seeds Feeds board, interns, apprentices and special friends in attendance. Policy consideration: None at this time. Summary: Seeds Feeds, a nonprofit organization supporting food equity, wellbeing and resiliency through life-skill education, engagement and advocacy, will host its seventh annual Harvest Festival on Sunday, Aug. 22. 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: Proclamation Prepared by: Debbie Fischer, administrative services office assistant Approved by: Cindy S. Walsh, interim city manager City council meeting of August 16, 2021 (Item No. 2c) Page 2 Title: Seeds Feeds Harvest Festival Day proclamation Proclamation Seeds Feeds Harvest Festival Day Aug. 22, 2021 Whereas, Seeds Feeds will host its seventh annual Harvest Festival Sunday, Aug. 22, from 9 a.m. – 2 p.m. at the Aquila Elementary Schoolyard Urban Farm, 8500 W. 31st St., St. Louis Park; and Whereas, this event will offer garden tours, kids’ activities and a 5K and 10K walk, bike or run, along with a community meal that provides a chance for residents of all ages and cultures to gather at the table to be nourished and supported in food security issues; and Whereas, nonprofit Seeds Feeds nourishes the community with locally grown, freshly harvested foods, while also teaching resiliency and food sovereignty skills and providing training in the growing industry of food agriculture; and Whereas, the Aquila Schoolyard Urban Farm is the one of ten food bank gardens in St. Louis Park tended by Seeds Feeds and used to provide free, fresh food to 39 St. Louis Park households as part of a weekly community-supported agriculture (CSA) program; and Whereas, Seeds Feeds partners with the City of St. Louis Park and the St. Louis Park Public Schools to offer educational edible playgrounds, which have taught thousands of students, residents and other community members about how to grow and cook with nutritious food; and Whereas, Seeds Feeds actively involves youth from the St. Louis Park High School Roots & Shoots environmental club on its boards and as interns, providing work experience and community service hours, all while engaging youth in making a difference in their community and preparing them to serve as the next generation of environmentally responsible leaders; and Whereas, Seeds Feeds supports wellness and resiliency initiatives for all in St. Louis Park, including continuing work on food security issues; Now therefore, let it be known that the mayor and city council of the City of St. Louis Park do hereby proclaim Aug. 22, 2021, as Seeds Feeds Harvest Festival Day in St. Louis Park, and call upon members of the community to join in the activities and community meal. Wherefore, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 16th day of August 2021. _________________________________ Jake Spano, Mayor Meeting: City council Meeting date: August 16, 2021 Presentation: 2d Executive summary Title: Recognition of donation Recommended action: Mayor to announce and express thanks and appreciation for the following donation being accepted at the meeting and listed on the consent agenda: From Donation For Laurie Herstig $25 Park enhancements or program needs at Westwood Hills Nature Center Strategic priority consideration: Not applicable. Supporting documents: None Prepared by: Debbie Fischer, administrative services office assistant Approved by: Cindy S. Walsh, interim city manager Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4a Executive summary Title: Second reading of ordinance pertaining to home occupations Recommended action: Motion to approve second reading and adopt Ordinance amending chapter 36 pertaining to home occupations and approve summary ordinance for publication. Policy consideration: Does the council wish to amend the zoning ordinance pertaining to home occupations? Summary: City staff and planning commission propose to amend the regulations pertaining to home occupations in the following manner: •Combine all regulations into one section of code so they are uniformly applied in all residential districts, MX districts, and applicable PUDs. •Allow barbers/hairdressers. •Allow one outside employee that does not reside on the property. •Allow the size of a home occupation to be equal to 25% of the floor area of a dwelling (currently they are limited to 10%). •Allow residents of ADU to conduct home occupations in the ADU. •Allow the use of any equipment if its use does not trigger a nuisance violation. Background: The council approved on a 6-0 vote, the first reading of the ordinance on August 2, 2021 with a revision clarifying that home occupations are not permitted in accessory structures unless conducted within an occupied accessory dwelling unit (ADU) by the occupants of the ADU. The council also asked that staff report how the new ordinance is working to the council in one year to help determine if additional amendments could be considered. It was noted that legally established home occupations can continue as legal, non-conforming uses if the city chooses to adopt more restrictive standards later, so an incremental loosening of restrictions was supported. The planning commission conducted a public hearing on June 2, 2021. No comments were received from the public and the planning commission recommended approval. Financial or budget considerations: None. Strategic priority consideration: Not applicable. Supporting documents: Ordinance Summary ordinance Prepared by: Gary Morrison, assistant zoning administrator Reviewed by: Sean Walther, planning and zoning supervisor Karen Barton, community development director Approved by: Cindy S. Walsh, interim city manager City council meeting of August 16, 2021 (Item No. 4a) Page 2 Title: Second reading of ordinance pertaining to home occupations Ordinance No. ___-21 Ordinance regarding home occupations The City of St. Louis Park does ordain: Whereas, the planning commission conducted a public hearing on June 16, 2021 on the ordinance, and Whereas, the City Council has considered the advice and recommendation of the planning commission (case no. 21-24-ZA), and Now, therefore be it resolved that the following amendments shall be made to the City Code: Section 1. Chapter 36, Section 36-83 of the St. Louis Park City Code is hereby amended to add the following underlined text: Sec. 36-83 Home Occupations. (a) Purpose and effect. The purpose of this section is to provide conditions under which a home occupation may be conducted that ensures a minimum negative impact to neighborhoods and neighboring land uses. (b) Authorized home occupations. A dwelling in any use district that permits dwellings, may conduct a home occupation as an accessory use if it complies with the following conditions: (1) A registration of land use is required for any home occupation established after July 12, 2019, that has customers, students, or an employee coming to the site. (2) The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. (3) The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. (4) The floor area of the home occupation cannot exceed 25% of the total floor area of the principal dwelling unit. If a home occupation is conducted by the occupant of an accessory dwelling unit, then it is limited to 25% of the floor area of the accessory dwelling unit. (5) Operation of the home occupation is not apparent from the public right-of-way. (6) All material or equipment is stored within an enclosed structure. (7) The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. (8) One person who does not legally reside at the property may be employed at a home occupation. If there is a home occupation being conducted in both the primary dwelling and accessory dwelling unit, then only one of the two may have an employee that does not legally reside on the property. City council meeting of August 16, 2021 (Item No. 4a) Page 3 Title: Second reading of ordinance pertaining to home occupations (9) Persons do not come to the location of the home occupation to be dispatched to other locations, or to pick-up or drop-off equipment, materials, or supplies. (10) Sale of products related to the home occupation is allowed with the following conditions: i. Products are shipped to and from the premises; or ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or iv. Products are sold on the premises at garage sales as regulated by this chapter. (11) No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. (12) The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small engine repair, massage, medical/dental office, animal handling, restaurant, firearm sales, currency exchange, payday loan agency, sexually-oriented business or high-impact sexually oriented business. (13) No portion of the home occupation is conducted within any attached or detached accessory building, except the occupants of an accessory dwelling unit may conduct a home occupation in the accessory dwelling unit. Section 2. R-1 single-family residence district. Chapter 36, Section 36-163(e)(5) of the St. Louis Park City Code is hereby amended to delete the following struck-out text (renumber accordingly): (5) Home occupations complying with all of the following conditions: a. The city has approved a Registration of Land Use for any home occupation established after July 12, 2019, that has customers or students coming to the site. b. The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. c. The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. d. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. e. No portion of the home occupation is conducted within any attached or detached accessory building. f. Operation of the home occupation is not apparent from the public right-of-way. g. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the occupation. h. All material or equipment is stored within an enclosed structure. i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. j. No person is employed at the residence who does not legally reside in the home. k. Persons do not come to the location of the home occupation to be dispatched to other locations. l. Sale of products related to the home occupation is allowed with the following conditions: i.. Products are shipped to and from the premises; or City council meeting of August 16, 2021 (Item No. 4a) Page 4 Title: Second reading of ordinance pertaining to home occupations ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or iv. Products are sold on the premises at garage sales as regulated by this chapter. m. No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. n. The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small engine repair, massage, medical/dental office, animal handling, beauty shop and barbershop, firearm sales, currency exchange, payday loan agency, sexually- oriented business or high-impact sexually oriented business. Section 3. R-2 single-family residence district. Chapter 36, Section 36-164(e)(5) of the St. Louis Park City Code is hereby amended to delete the following struck-out text (renumber accordingly): (5) Home occupations complying with all of the following conditions: a. The city has approved a Registration of Land Use for any home occupation established after July 12, 2019, that has customers or students coming to the site. b. The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. c. The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. d. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. e. No portion of the home occupation is conducted with any attached or detached accessory building. f. Operation of the home occupation is not apparent from the public right-of-way. g. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. h. All material or equipment is stored within an enclosed structure. i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. j. No person is employed at the residence who does not legally reside in the home. k. Persons do not come to the location of the home occupation to be dispatched to other locations. l. Sale of products related to the home occupation is allowed with the following conditions: i. Products are shipped to and from the premises; or ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or iv. Products are sold on the premises at garage sales as regulated by this chapter. m. No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. City council meeting of August 16, 2021 (Item No. 4a) Page 5 Title: Second reading of ordinance pertaining to home occupations n. The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small engine repair, massage, medical/dental office, animal handling, beauty shop and barbershop, firearm sales, currency exchange, payday loan agency, sexually- oriented business or high impact sexually oriented business. Section 4. R-3 two-family residence district. Chapter 36, Section 36-165(e)(5) of the St. Louis Park City Code is hereby amended to delete the following struck-out text (renumber accordingly): (5) Home occupations complying with all of the following conditions: a. The city has approved a Registration of Land Use for any home occupation established after July 12, 2019, that has customers or students coming to the site. b. The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. c. The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. d. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. e. No portion of the home occupation is conducted within any attached or detached accessory building. f. Operation of the home occupation is not apparent from the public right-of-way. g. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. h. All material or equipment is stored within an enclosed structure. i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. j. No person is employed at the residence who does not legally reside in the home. k. Persons do not come to the location of the home occupation to be dispatched to other locations. l. Sale of products related to the home occupation is allowed with the following conditions: i. Products are shipped to and from the premises; or ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or iv. Products are sold on the premises at garage sales as regulated by this chapter. m. No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. n. The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small engine repair, massage, medical/dental office, animal handling, beauty shop and barbershop, firearm sales, currency exchange, payday loan agency, sexually- oriented business or high-impact sexually oriented business. City council meeting of August 16, 2021 (Item No. 4a) Page 6 Title: Second reading of ordinance pertaining to home occupations Section 5. R-4 multiple-family residence district. Chapter 36, Section 36-166(e)(7) of the St. Louis Park City Code is hereby amended to delete the following struck-out text (renumber accordingly): (7) Home occupations complying with all of the following conditions: a. The city has approved a Registration of Land Use for any home occupation established after July 12, 2019, that has customers or students coming to the site. b. The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. c. The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. d. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. e. No portion of the home occupation is conducted within any attached or detached accessory building. f. Operation of the home occupation is not apparent from the public right-of-way. g. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. h. All material or equipment is stored within an enclosed structure. i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. j. No person is employed at the residence who does not legally reside in the home. k. Persons do not come to the location of the home occupation to be dispatched to other locations. l. Sale of products related to the home occupation is allowed with the following conditions: i. Products are shipped to and from the premises; or ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or iv. Products are sold on the premises at garage sales as regulated by this chapter. m. No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. n. The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small engine repair, massage, medical/dental office, animal handling, beauty shop and barbershop, firearm sales, currency exchange, payday loan agency, sexually- oriented business or high-impact sexually oriented business. Section 6. RC high-density multiple-family residence district. Chapter 36, Section 36- 167(e)(6) of the St. Louis Park City Code is hereby amended to delete the following struck-out text (renumber accordingly): City council meeting of August 16, 2021 (Item No. 4a) Page 7 Title: Second reading of ordinance pertaining to home occupations (6) Home occupations complying with all of the following conditions: a. The city has approve a Registration of Land Use for any home occupation established after July 12, 2019, that has customers or students coming to the site. b. The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. c. The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. d. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. e. No portion of the home occupation is conducted within any attached or detached accessory building. f. Operation of the home occupation is not apparent from the public right-of-way. g. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. h. All material or equipment is stored within an enclosed structure. i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. j. No person is employed at the residence who does not legally reside in the home. k. Persons do not come to the location of the home occupation to be dispatched to other locations. l. Sale of products related to the home occupation is allowed with the following conditions: i. Products are shipped to and from the premises; or ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or iv. Products are sold on the premises at garage sales as regulated by this chapter. m. No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. n. The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small engine repair, massage, medical/dental office, animal handling, beauty shop and barbershop, firearm sales, currency exchange, payday loan agency, sexually- oriented business or high-impact sexually oriented business. Section 7. MX 1 vertical mixed use district. Chapter 36, Section 36-264(f) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (9) Home occupations as regulated by this chapter. complying with all of the conditions in the R-C district. City council meeting of August 16, 2021 (Item No. 4a) Page 8 Title: Second reading of ordinance pertaining to home occupations Section 8. MX-2 neighborhood mixed use district. Chapter 36, Section 36-265(f) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (3) Home occupations as regulated by this chapter. a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right-of-way. c. The activity does not involve warehousing, distribution, or retail sales of merchandise produced off the site. d. No light or vibration originating from the business operation is discernible at the property line, or adjacent dwelling unit. e. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. f. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. g. No portion of the home occupation is permitted within any attached or detached accessory building. h. The structure housing the home occupation conforms to the building code. If there are any customers or students coming to the site, then the home occupation has received a certificate of occupancy for the business. Section 9. Planned unit development district. Chapter 36, Section 36-268-PUD 1(c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (2) Home occupations as regulated by this chaptercomplying with all of the conditions in the R- C district. Section 10. Planned unit development district. Chapter 36, Section 36-268-PUD 2(d) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (3) Home occupations as regulated by this chaptercomplying with all of the conditions in the R- C district. Section 11. Planned unit development district. Chapter 36, Section 36-268-PUD 5(c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (8) Home occupations as regulated by this chapter. complying with all of the following conditions: a. All materials or equipment shall be stored within an enclosed structure. b. Operation of the home occupations is not apparent from the public right-of-way. c. The activity does not involved warehousing, distribution, or retail sales of merchandise produced off the site. City council meeting of August 16, 2021 (Item No. 4a) Page 9 Title: Second reading of ordinance pertaining to home occupations d. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. e. No light or vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery and materials which are normally found in the home are used in the conduct of home occupation. g. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. h. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. i. No portion of the home occupation is permitted within any attached or detached accessory building. j. The structure housing the home occupation conforms to the building code. Section 12. Chapter 36, Section 36-268-PUD-7 (c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (2) Home occupations as regulated by this chapter.complying with all of the conditions for home occupations located in the R-C district. Section 13. Chapter 36, Section 36-268-PUD-8 (c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (1) Home occupations as regulated by this chapter. complying with all of the conditions in the R-C district. Section 14. Chapter 36, Section 36-268-PUD-9 (c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (2) Accessory Uses: *** b. Home occupations as regulated by this chapter. complying with all of the conditions in the R-C district. i. Except family day care is prohibited. Section 15. Chapter 36, Section 36-268-PUD-11 (d) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (1) Home occupations as regulated by this chapter. are permitted on Lot 1 with the condition that they comply with all of the following conditions: a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right-of- way. City council meeting of August 16, 2021 (Item No. 4a) Page 10 Title: Second reading of ordinance pertaining to home occupations c. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. d. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. e. No light or vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. g. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. h. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. i. No portion of the home occupation is permitted within any attached or detached accessory building. j. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a certificate of occupancy. Section 16. Chapter 36, Section 36-268-PUD-14 (c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (1) Home occupations as regulated by this chapter. are permitted with the condition that they comply with all of the following conditions: a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right- of-way. c. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. d. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. e. No light or vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. g. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. h. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. i. No portion of the home occupation is permitted within any attached or detached accessory building. j. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a certificate of occupancy. City council meeting of August 16, 2021 (Item No. 4a) Page 11 Title: Second reading of ordinance pertaining to home occupations Section 17. Chapter 36, Section 36-268-PUD-15 (b) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: AB. Accessory uses: Accessory uses are as follows: 1. Home occupations as regulated by this chapter. are permitted with the condition that they comply with the following conditions: i. All material or equipment shall be stored within an enclosed structure. ii. Operation of the home occupation is not apparent from the public right-of-way. iii. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. iv. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. v. No light of vibration originating from the business operation is discernible at the property line. vi. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. vii. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. viii. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. ix. No portion of the home occupation is permitted within any attached or detached accessory building. x. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a certificate of occupancy. Section 18. Chapter 36, Section 36-268-PUD-16 (b) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text (renumber accordingly): 2. Accessory uses. Accessory uses are as follows: a. Home occupations as regulated by this chapter. are permitted with the condition that they comply with all of the following conditions: i. All material or equipment shall be stored within an enclosed structure. ii. Operation of the home occupation is not apparent from the public right-of-way. iii. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. City council meeting of August 16, 2021 (Item No. 4a) Page 12 Title: Second reading of ordinance pertaining to home occupations iv. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. v. No light of vibration originating from the business operation is discernible at the property line. vi. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. vii. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. viii. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. ix. No portion of the home occupation is permitted within any attached or detached accessory building. b. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a certificate of occupancy. Section 19. Chapter 36, Section 36-268-PUD-17 (c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: 11. Home occupations as regulated by this chapter. are permitted with the condition that they comply with all of the following conditions: a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right-of- way. c. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. d. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. e. No light of vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. g. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. h. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. i. No portion of the home occupation is permitted within any attached or detached accessory building. j. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a certificate of occupancy. City council meeting of August 16, 2021 (Item No. 4a) Page 13 Title: Second reading of ordinance pertaining to home occupations Section 21. This ordinance shall take effect September 10, 2021. Reviewed for administration: Adopted by the City Council August 16, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First Reading August 2, 2021 Second Reading August 16, 2021 Date of Publication August 26, 2021 Date Ordinance takes effect September 10, 2021 City council meeting of August 16, 2021 (Item No. 4a) Page 14 Title: Second reading of ordinance pertaining to home occupations Summary ordinance Ordinance No. ____-21 An ordinance amending the St. Louis Park zoning ordinance pertaining to home occupations This ordinance amends Chapter 36 of the City of St. Louis Park city code relating to zoning to consolidates the home occupation regulations into one section of the code. It also amends the conditions by which the home occupation must comply with. This ordinance shall take effect 15 days after publication. Adopted by the City Council August 16, 2021 Jake Spano /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: August 26, 2021 Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4b Executive summary Title: Statutory tort limits for liability insurance Recommended action: Motion to adopt Resolution electing not to waive the statutory tort limits for liability insurance. Policy consideration: Not applicable Summary: Each year the council is required to pass a resolution indicating if they wish to waive or not waive the monetary limits on municipal tort liability insurance established by Minnesota Statute 466.04. The statutory liability limits for claims that occur after July 1, 2009 are $500,000 per claimant and $1,500,000 per occurrence. The city council must review and make an election of one of the following three options: •Not to waive the statutory tort limits (staff recommendation) •Waive the limits and not purchase excess liability coverage. •Waive the limits and purchase excess liability coverage The three options are explained in more detail in the background section of this report. Financial or budget considerations: The city will continue to maintain liability insurance coverage through the League of Minnesota Cities Insurance Trust in the amount required by State Statute, and the required annual motion will be in place in preparation for the new policy year. Strategic priority consideration: Not applicable. Supporting documents: Discussion Resolution Prepared by: Melanie Schmitt, chief financial officer Approved by: Cindy S. Walsh, interim city manager City council meeting of August 16, 2021 (Item No. 4b) Page 2 Title: Statutory tort limits for liability insurance Discussion Background: The three options the city council has are detailed below. The city’s practice has been option 1, to not waive the statutory tort limits. Staff recommends the council continue with this practice. Option 1 (recommended) If the city elects not to waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence would be limited to $1,500,000. Option 2 If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. Option 3 If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. The City of St. Louis Park in the past has elected to not waive the statutory tort limits and has not purchased excess liability coverage. Staff recommends continuing this practice and not to waive the statutory limits. The following resolution allows the statutory tort limits to remain in place until the council changes this election. Staff will ask council to consider this question annually as required by the League of Minnesota Cities Insurance Trust. City council meeting of August 16, 2021 (Item No. 4b) Page 3 Title: Statutory tort limits for liability insurance Resolution No. 21-____ Resolution electing not to waive the statutory tort limits for liability insurance Whereas, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has requested the City to make an election with regard to waiving or not waiving its tort liability established by Minnesota Statute 466.04; and Whereas, the choices available are to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, or to waive the limit and to add additional insurance coverage; Now therefore be it resolved that the St. Louis Park City Council does hereby elect not to waive the statutory tort liability limit established by Minnesota Statute 466.04 and that such election is effective until amended by further resolution of the St. Louis Park City Council. Reviewed for administration: Adopted by the City Council August 16, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4c Executive summary Title: Final payment resolution – 2020 concrete replacement - Project No. 4020-0003 Recommended action: Motion to adopt Resolution accepting work and authorizing final payment in the amount of $22,526.28 for the annual concrete replacement project with JL Theis, Inc. - Project No. 4020-0003, City Contract No. 25-20. Policy consideration: Not applicable Summary: On March 2, 2020, the City Council awarded the bid for the concrete replacement project – City Project No. 4020-0003. The project was advertised, bid and awarded to JL Theis, Inc. in the amount of $239,093.20. This project was for miscellaneous concrete repair, including sidewalk, curb and gutter, and storm sewer catch basins at various locations in the city. This annual construction contract is for concrete repairs in the pavement management area scheduled for mill and overlay the following year. It also addresses sidewalk trip hazards throughout the city. The contractor completed this work within the contract time allowed and the overall project came in under budget by $48,934.20 (-20.0%) for a final construction cost of $190,159.00. Financial or budget considerations: The cost of the work performed by the contractor under Contract No. 25-20 came in under budget. has been calculated as follows: Original Contract Price $ 239,093.20 Underrun -$48,934.20 Amount Due (based on actual work) $190,159.00 Previous Payments -$167,632.72 Balance Due $22,526.28 This project was included in the Capital Improvement Program (CIP). The work was paid for using Public Works Operations, Stormwater Utility, and Pavement Management funds. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Resolution Prepared by: Phillip Elkin, sr. engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Cindy S. Walsh, interim city manager Page 2 City council meeting of August 16, 2021 (Item No. 4c) Title: Final payment resolution – 2020 concrete replacement - Project No. 4020-0003 Resolution No. 21-____ Resolution authorizing final payment and accepting work for the 2020 random concrete repairs project City Project No. 4020-0003 Contract No. 25-20 Be it resolved by the City Council of the City of St. Louis Park, Minnesota, as follows: 1.Pursuant to a written contract with the City dated March 2, 2020, JL Theis, Inc. has satisfactorily completed the 2020 random concrete repairs project, as per Contract No. 25- 20. 2.The Engineering Director has filed her recommendations for final acceptance of the work. 3.The work completed under this contract is accepted and approved. The final contract cost is $190,159.00. 4.The City Manager is directed to make final payment in the amount of $22,526.28 on this contract, taking the contractor's receipt in full. Reviewed for administration: Adopted by the City Council August 16, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4d Executive summary Title: Special assessment – sewer service line repair at 3209 Cavell Lane Recommended action: Motion to adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3209 Cavell Lane, St. Louis Park, MN. P.I.D. 18-117-21-24-0013. Policy consideration: The proposed action is consistent with policy previously established by the city council. Summary: Kenneth and Paula Sand, owners of the single-family residence at 3209 Cavell Lane, have requested the city to authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the city’s special assessment policy. The city requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the city council in 1996. This program was put into place because property owners may face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by city staff. The property owner hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the city’s special assessment program. The property owners have petitioned the city to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $ 13,960.92. Financial or budget considerations: The city has funds in place to finance the cost of this special assessment. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Resolution Prepared by: Jay Hall, utility superintendent Reviewed by: Mark Hanson, public works superintendent Emily Carr, assessing technician Approved by: Cindy S. Walsh, interim city manager City council meeting of August 16, 2021 (Item No. 4d) Page 2 Title: Special assessment – sewer service line repair at 3209 Cavell Lane Resolution No. 21-____ Resolution authorizing the special assessment for the repair of the sewer service line at 3209 Cavell Lane, St. Louis Park, MN P.I.D. 18-117-21-24-0013 Whereas, the property owners at 3209 Cavell Lane, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 3209 Cavell Lane; and Whereas, the property owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and Whereas, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the property owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Operations and Recreation Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $13,960.92. 4. The property owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The property owners have agreed to pay the city for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 3.50%. 6. The property owners have executed an agreement with the city and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for administration: Adopted by the City Council August 16, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4e Executive summary Title: Accept monetary donation to operations and recreation department Recommended action: Motion to adopt Resolution approving acceptance of a $25 donation from Laurie Herstig for park enhancements or program needs at Westwood Hills Nature Center. Policy consideration: Does the city council wish to accept this gift with restrictions on its use? Summary: State statute requires city council’s acceptance of donations. This requirement is necessary in order to make sure the city council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Laurie Herstig graciously donated $25 to Westwood Hills Nature Center. The donation is given with the restriction that it be used for park enhancements or program needs at Westwood Hills Nature Center. Financial or budget considerations: This donation will be used for park enhancements or program needs at Westwood Hills Nature Center. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Resolution Prepared by: Carrie Mandler, secretary program aide Reviewed by: Mark Oestreich, nature center manager Stacy Voelker, senior office assistant Approved by: Cindy S. Walsh, interim city manager City council meeting of August 16, 2021 (Item No. 4e) Page 2 Title: Accept monetary donation to operations and recreation department Resolution No. 21-___ Resolution approving acceptance of a donation in the amount of $25 to be used for park enhancements or program needs at Westwood Hills Nature Center Whereas, the City of St. Louis Park is required by state statute to authorize acceptance of any donations; and Whereas, the city council must also ratify any restrictions placed on the donation by the donor; and Whereas, Laurie Herstig donated $25. Now therefore be it resolved by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to Laurie Herstig with the understanding that it must be used for park enhancements or program needs at Westwood Hills Nature Center. Reviewed for administration: Adopted by the City Council Aug. 16, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4f Executive summary Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI Recommended action: Motion to adopt Resolution approving the Assignment and Assumption of Redevelopment Contract between Millennium Phase II and GS-INVREG Wayzata Owner, LLC. Policy consideration: Does the council find that the proposed Assignment and Assumption of the Redevelopment Contract between Millennium Phase II and GS-INVREG Wayzata Owner, LLC. pertaining to Phase VI of The West End/Central Park West development is in the best interest of the city and its residents? Summary: The Amended and Restated Contract for Private Redevelopment of May 17, 2010 between the EDA, the City, and Duke Realty LP provides that whenever material changes to The West End/Central Park West development are proposed, the EDA and city must formally approve them. The partners behind the Luxe Residential development (Millennium Phase II), at 5235 Wayzata Boulevard (referred to as Phase VI under the Contract), has chosen not to proceed with the project. They now wish to sell the subject property and assign the approved development plans to Greystar Real Estate Partners (GS-INVREG Wayzata Owner, LLC) which intends to construct the proposed development as approved under the January 22, 2019 PUD. Approval of the proposed Assignment means that the EDA/council consents to Greystar’s assumption of all the obligations and conditions of the current Redevelopment Contract applicable to the subject Phase VI property. The Redeveloper has provided a proposed Assignment and Assumption of Redevelopment Contract and has requested that the EDA and city provide written approval of the Assignment by executing the Consent, Estoppel and Agreement attached to the Assignment. The EDA’s legal counsel has reviewed the proposed Assignment & Assumption recommends and its approval. Financial or budget considerations: Under the proposed Assignment and Assumption Agreement, Greystar assumes the financial obligations that were to be incurred by Millennium Phase II under the Redevelopment Contract as it pertains to the subject Redevelopment Property. Costs associated with this agreement are to be paid by Greystar. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Assignment and Assumption (see corresponding EDA staff report) Prepared by: Greg Hunt, economic development coordinator Reviewed by: Karen Barton, community development director, EDA executive director Approved by: Cindy S. Walsh, Interim city manager City council meeting of August 16, 2021 (Item No. 4f) Page 2 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI Resolution No. 21 - ____ Resolution approving an Assignment and Assumption of Redevelopment Contract between Millennium Phase II, LLC and GS-INVREG Wayzata Owner, LLC Whereas, the St. Louis Park Economic Development Authority (the “Authority”) is currently administering its Redevelopment Project No. 1 ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"), and within the Project has established the West End Tax Increment Financing District (“TIF District”); and Whereas, the Authority, the City of St. Louis Park (“City”), and Duke Realty Limited Partnership (the “Redeveloper”) entered into an Amended and Restated Contract for Private Redevelopment Dated as of May 17, 2010, as amended (the “Contract”), regarding redevelopment of the property within the TIF District, which Contract has been assigned in part to Millennium Phase II, LLC (“Millennium”) as to the Redeveloper’s obligation to construct a multifamily rental facility (“Central Park West Phase VI”) on a portion of the property (the “Subject Property”); and Whereas, Millennium has now determined that it is in the best interest of the Project and TIF District to convey the Subject Property to GS-INVREG Wayzata Owner, LLC (the “Assignee”), and the Assignee intends to construct Central Park West Phase VI on the Subject Property; and Whereas, in connection with such conveyance, Millennium seeks to assign its obligations related to the Subject Property to the Assignee, and the Assignee agrees to accept such obligations, all pursuant to an Assignment and Assumption of Redevelopment Contract between Millennium and Assignee (the “Assignment”); and Whereas, the City Council (the “Council”) of the City has reviewed the Assignment and finds that the approval and execution of the City’s consent thereto are in the best interest of the Authority, the City, and its residents. Now therefore be it resolved that the Assignment, including the attached Consent of the City related thereto, as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the consent to the Assignment by such officials shall be conclusive evidence of approval. It is further resolved that the Mayor and City Manager are hereby authorized to execute on behalf of the City the Consent attached to the Assignment and any other documents requiring execution by the City in order to carry out the transaction described in the Assignment. It is further resolved that City staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. City council meeting of August 16, 2021 (Item No. 4f) Page 3 Title: Assignment and Assumption of Redevelopment Contract - The West End/Central Park West Phase VI Reviewed for Administration: Adopted by the City Council August 16, 2021 Kim Keller, city manager Jake Spano, mayor Attest Melissa Kennedy, city clerk Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4g Executive summary Title: Sixth Amendment to Redevelopment Contract – West End/Central Park West – Phase VI Recommended action: Motion to adopt Resolution approving the Sixth Amendment to the Amended and Restated Redevelopment Contract related to The West End/Central Park West. Policy consideration: Does the council support the terms and requirements related to Phase VI of The West End/Central Park West redevelopment as specified in the proposed Sixth Amendment to the Amended and Restated Redevelopment Contract? Summary: The Amended and Restated Contract for Private Redevelopment of May 17, 2010 between the EDA, the City, and Duke Realty LP provides that whenever material changes to The West End/Central Park West development are proposed, the EDA and city must formally approve them. The partners behind the Luxe Residential development (Millennium Phase II), at 5235 Wayzata Boulevard, have decided not to proceed with the project. They now wish to sell the subject property and assign the approved plans to Greystar Real Estate Partners (GS- INVREG Wayzata Owner, LLC) which intends to construct the proposed development as approved under the January 22, 2019 PUD. The mechanism for approving the proposed improvements on the subject site is through a proposed Sixth Amendment to the Contract for Private Redevelopment. The proposed Sixth Amendment includes several specific terms along with construction timelines. A summary of the key proposed terms and requirements is attached. The EDA’s legal counsel has reviewed the proposed Amendment and recommends and its approval. Financial or budget considerations: New Redeveloper, Greystar, will not be receiving tax increment financing (TIF) in conjunction with the proposed Luxe Residential development. The net effect of the new development upon completion is that it will increase the amount of tax increment generated within the West End TIF District thereby allowing the EDA to pay off the TIF Note to the original Redeveloper, Duke Realty, more quickly. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion Resolution Sixth Amendment (see corresponding EDA staff report) Prepared by: Greg Hunt, economic development coordinator Reviewed by: Karen Barton, community development director, EDA executive director Approved by: Cindy S. Walsh, Interim city manager Page 2 City council meeting of August 16, 2021 (Item No. 4g) Title: Sixth Amendment to Redevelopment Contract – West End/Central Park West – Phase VI Discussion Background: The West End redevelopment is located southwest of the Highway 100 and I-394 interchange, and bounded by Gamble Drive to the south and Park Place Boulevard to the west. The West End integrates retail, restaurants, entertainment, hotel, office and residential uses. The district first received approval in 2007 and has been steadily redeveloping in phases since then. The West End redevelopment plan contemplated the future redevelopment of the former Olive Garden restaurant property located at 5235 Wayzata Boulevard (“subject property”), as well as several surrounding parcels in a multi-phase plan referred to as Central Park West. When the adjacent Millennium at West End development was reviewed and approved, a concept plan for redevelopment for both the Chili’s and Olive Garden restaurant sites to change to multiple family residential was presented to the city council. Additionally, redevelopment of the Olive Garden parcel was specified as Phase VI in the Amended and Restated Contract for Private Redevelopment approved by the EDA. Present considerations: On January 22, 2019, Luxe Residential received preliminary and final planned unit development (PUD) approval for a multifamily redevelopment of 5235 Wayzata Boulevard. The Redeveloper planned to demolish the existing one-story restaurant and construct a six-story, 339,497-square-foot apartment building with 207 dwelling units and two levels of underground structured parking. The Luxe Residential apartment project would include a mix of 51 studio,78 one-,66 two- and 12 three-bedroom units. Eight of the units would be affordable to households at 60% median income (AMI). The development also included outdoor amenity space for residents and a new pocket park on the south portion of the site next to 16th Street West. Construction on the project was anticipated to begin in spring 2019. The Amended and Restated Contract for Private Redevelopment of May 17, 2010 between the EDA, the City, and Duke Realty LP provides that whenever material changes to The West End/Central Park West redevelopment, the EDA and city must formally approve them. The partners behind Luxe Residential (Millennium Phase II) subsequently decided not to proceed with the Phase VI project. They now wish to sell the subject property and assign the approved construction plans to Greystar Real Estate Partners which intends to build the proposed development as approved under the January 22, 2019 PUD. The mechanism for approving the proposed improvements on the subject site is through a proposed Sixth Amendment Amended and Restated Contract for Private Redevelopment. Summary of Sixth Amendment to West End/Central Park West Redevelopment Contract: The following are the key business terms between the EDA, City, and Greystar Real Estate Partners (GS-INVREG Wayzata Owner, LLC and “Redeveloper”), incorporated in the proposed Sixth Amendment to the Amended and Restated Contract for Private Redevelopment. The required Minimum Improvements are to be constructed on the property located at 5235 Wayzata Boulevard referred to as the “subject property”. 1.The Minimum Improvements on the subject property shall consist of the following: approximately 207 units of multifamily rental housing (including approximately 199 market rate units and approximately 8 units affordable to households at 60% area median income) and associated structured parking, Page 3 City council meeting of August 16, 2021 (Item No. 4g) Title: Sixth Amendment to Redevelopment Contract – West End/Central Park West – Phase VI constructed substantially in accordance with the terms of a Planning Development Contract between the City and Wayzata, dated August __, 2021. 2.Redeveloper agrees to commence construction on the Minimum Improvements by October 31, 2021 and substantially complete them by September 30, 2023. 3.Redeveloper agrees to reimburse the EDA for all out of pocket-costs incurred by the EDA in connection with negotiating, drafting and approval of this Amendment. Next steps: Upon closing of its financing for the proposed development, Greystar plans to commence construction on the Minimum Improvements by October 31, 2021. Page 4 City council meeting of August 16, 2021 (Item No. 4g) Title: Sixth Amendment to Redevelopment Contract – West End/Central Park West – Phase VI Resolution No. 21-____ Resolution Approving a Sixth Amendment to Amended and Restated Contract for Private Redevelopment among the City of St. Louis Park, the St. Louis Park Economic Development Authority, Central Park West, LLC, and Related Redeveloper Entities Whereas, the St. Louis Park Economic Development Authority (the “Authority”) is currently administering its Redevelopment Project No. 1 ("Project") within the City of St. Louis Park (the “City”) pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"), and within the Project has established the West End Tax Increment Financing District (“TIF District”); and Whereas, the Authority, the City, and Duke Realty Limited Partnership (“Duke”) entered into an Amended and Restated Contract for Private Redevelopment dated as of May 17, 2010, regarding redevelopment of a portion of the property within the TIF District, as subsequently amended (as so amended, the “Contract”); and Whereas, Duke has assigned its obligations under the Contract to Central Park West, LLC (“CPW”), and certain obligations under the Contract have been further assigned to other entities, currently including Elan West End Apartments Owner, LLC; OP4 SLP, LLC; 10 West End, LLC; and GS-INVREG Wayzata Owner, LLC, all pursuant to various Assignment and Assumption instruments approved by the Authority (such entities collectively the “Redeveloper Entities”); and Whereas, the parties to the Contract have determined a need to amend the Contract in order to extend the required construction timeline for CPW Phase VI (as defined in the Contract) and to more clearly define the scope of construction of such CPW Phase VI, and to that end have prepared a Sixth Amendment to Amended and Restated Contract for Private Redevelopment (the “Sixth Amendment”), by and among the Authority, the City, and the Redeveloper Entities; and Whereas, the Council has reviewed the Sixth Amendment and finds that the approval and execution thereof and performance of the City’s obligations thereunder are in the best interest of the City and its residents. Now therefore be it resolved that the Sixth Amendment as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. It is further resolved that the Mayor and City Manager are hereby authorized to execute on behalf of the City the Sixth Amendment and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. It is further resolved that City staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Page 5 City council meeting of August 16, 2021 (Item No. 4g) Title: Sixth Amendment to Redevelopment Contract – West End/Central Park West – Phase VI Reviewed for administration: Adopted by the City Council August 16, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4h Executive summary Title: Authorize bank signatories Recommended action: Motion to adopt Resolution authorizing bank signatories. Policy consideration: Does the council wish to approve the bank signatories for each bank account? Summary: The city has three checking accounts and a money market account at Citizens Independent Bank. 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 with few checks written, 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, the city also has a money market account that has been used in the past for short term interest earning potential. There is no check writing associated with the money market account, and all transactions are transfers between accounts or wires to and from other city investment accounts. Due to the change in the city manager position and the amendment of the EDA bylaws, staff is in the process of updating signature cards and banking resolutions for all bank accounts. Banking procedures require Council approval by resolution when adding or removing signers from a bank account. The following signatories are recommended for each bank account: City vendor and payroll checking accounts Kimberly Keller, city manager Check signer/primary authority Melanie Schmitt, chief financial officer Check signer/primary authority Cindy Walsh, deputy city manager Secondary authority EDA checking account Tim Brausen, EDA president Check signer as required by EDA bylaws Karen Barton, executive director Check signer as required by EDA bylaws Margaret Rog, EDA vice president Secondary authority Kimberly Keller, city manager Secondary authority Premier money market account Kimberly Keller, 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 adheres to the current EDA bylaws. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Darla Monson, accountant Reviewed by: Melanie Schmitt, chief financial officer Approved by: Cindy S. Walsh, interim City Manager Page 2 City council meeting of August 16, 2021 (Item No. 4h) 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 for business needs; 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 Kimberly Keller, city manager Melanie Schmitt, chief financial officer Cindy Walsh, deputy city manager Payroll checking account Kimberly Keller, city manager Melanie Schmitt, chief financial officer Cindy Walsh, deputy city manager EDA checking account Tim Brausen, EDA president Karen Barton, executive director Margaret Rog, EDA vice president Kimberly Keller, city manager Premier money market account Kimberly Keller, city manager Melanie Schmitt, chief financial officer Darla Monson, senior accountant Reviewed for administration: Adopted by the City Council August 16, 2021 Kimberly Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4i Executive summary Title: Authorize 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 approve the changes to 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. With the retirement of Tom Harmening, it is necessary to update the bank signatories on the account. Staff recommends that Tom Harmening be removed from the account and replaced with Kim Keller as the primary authorized bank signatory for the Home Remodeling Fair checking account. Melanie Schmitt will remain on the account 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: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Prepared by: Darla Monson, accountant Reviewed by: Melanie Schmitt, chief financial officer Approved by: Cindy S. Walsh, interim city manager City council meeting of August 16, 2021 (Item No. 4i) Page 2 Title: Authorize 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 Remodeling Fair. Kimberly Keller, city manager Check signatory/primary authority Melanie Schmitt, chief financial officer Secondary authority Reviewed for administration: Adopted by the City Council August 16, 2021 Kimberly R. Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4j Executive summary Title: Remove special assessment deferral and reinstate special assessment on the tax rolls – 2220 Ridge Dr #14 Recommended action: Motion to adopt Resolution approving removal of special assessment deferral and reinstating the special assessment on the tax rolls - 2220 Ridge Dr #14, St. Louis Park, MN 55416. Policy consideration: Minnesota Statutes 435.193 through 435.195 provide for deferment of special assessments and specify the conditions under which municipalities are authorized, on a voluntary basis, to defer such assessments. The city council adopted Resolution Number 09- 134 on October 19, 2009, establishing the eligibility requirements for a deferral. The recommended action is consistent with past practice and will be processed by Hennepin County with proper authorization. Summary: The city previously granted a hardship deferral to the property owner of the condominium at 2220 Ridge Dr # 14, St. Louis Park, MN 55416. This special assessment relates to a Housing Improvement Area (HIA) assessment assessed against all property owners in the Sunset Ridge Condominium. The St. Louis Park City Council established this HIA to facilitate certain improvements to the property. The property owner has elected to pay off deferred installments of the special assessment through 2021 and requests that the remaining assessment balance be reinstated on the tax rolls beginning in 2022. Financial or budget considerations: Favorable. After the change in status the city will receive payment of the deferred special assessment balance. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Prepared by: Emily Carr, assessment technician Reviewed by: Melanie Schmitt, chief financial officer Marney Olson, assistant housing supervisor Cory Bultema, city assessor Approved by: Cindy S. Walsh, interim city manager City council meeting of August 16, 2021 (Item No. 4j) Page 2 Title: Remove special assessment deferral and reinstate special assessment on the tax rolls – 2220 Ridge Dr #14 Resolution No. 21-____ Resolution removing special assessment deferral and reinstating special assessment on the tax rolls Whereas, the city levied a special assessment on property located at 2220 Ridge Dr #14; and Whereas, Minnesota Statutes Sections 435.193 through 435.195 provide for the deferment of payment of special assessments under certain circumstances; and Whereas, the city granted a special assessment payment deferral to the owner at 2220 Ridge Dr #14; and Whereas, 2220 Ridge Dr #14 was sold July 30th, 2021, ending the hardship deferral; and Whereas, Hennepin County requires a Resolution to place the remaining balance of the special assessment on the tax rolls. Now therefore be it resolved, by the City Council of the City of St. Louis Park, Minnesota, that removal of the special assessment deferral and placing the remaining balance of the outstanding special assessment for 2220 Ridge Dr #14, St. Louis Park, MN 55416 on the tax rolls is hereby approved. Reviewed for administration: Adopted by the City Council August 16, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4k Executive summary Title: Temporary on-sale intoxicating liquor license – Church of the Holy Family Recommended action: Motion to approve a temporary on-sale liquor license for Church of the Holy Family at 5925 West Lake Street for their event to be held Sept. 11, 2021. Policy consideration: Does the applicant meet the requirements for issuance of a temporary on-sale intoxicating liquor license? Summary: The Church of the Holy Family has submitted an application for a temporary on-sale intoxicating liquor license to use during their annual fall festival. The fundraiser will take place on Sept. 11 and 12, 2021, however alcohol will only be available on Sept. 11 from Noon – 11:59 p.m. Church of the Holy Family will carry the liquor liability insurance through Catholic Mutual. This year’s fall festival will include live music, carnival games, an online auction, and a cash raffle. Any COVID restrictions in place during the event will be enforced and Church of the Holy Family staff is prepared to make changes to the event to maintain recommended guidelines. The police department has completed a background investigation on the principals and has found no reason to deny the temporary license. The applicant has met all requirements for the issuance of the license, and staff is recommending approval. Financial or budget considerations: The fee for a temporary liquor license is $100 per day of the event. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None Prepared by: Chase Peterson-Etem, office assistant Reviewed by: Melissa Kennedy, city clerk Approved by: Cindy S. Walsh, interim city manager OFFICIAL MINUTES  Parks & Recreation Advisory Commission  January 20, 2021, 6 p.m.  WebEx Videoconference  MEMBERS PRESENT: Rich Bluma, Bruce Cantor, George Foulkes, Elizabeth Griffin,  George Hagemann, Leah Hollingsworth, Dahlia Krebs and Pete  May.  MEMBERS ABSENT: None GUESTS PRESENT: Brian Kelly, Lacrosse Association  Jamie Marshal, Friends of the Arts  STAFF PRESENT:  Rick Beane, Parks Superintendent, Jacquelyn Kramer, Associate  Planner, Kori Shingles, Recreation and Facilities Supervisor, Cindy  Walsh, Director of Operations and Recreation, Jason West,  Recreation Superintendent and Stacy Voelker, Recording  Secretary  1.Call to order Commissioner Cantor, Chair, called the meeting to order at 6:03 p.m.  2.Approval of minutes – December 3, 2020 It was moved by Commissioner Hollingsworth seconded by Commissioner Hagemann to approve  the meeting minutes of December 3, 2020 as amended. The motion passed 8–0.  3.Approval of agenda It was moved by Commissioner May seconded by Commissioner Hollingsworth to approve the  agenda as presented. The motion passed 8–0.  4.Business a.Park and trail dedication: SLP Living proposal Jacquelyn Kramer, Associate Planner, introduced herself and showed slides viewing a  development proposal from Mortenson Development for SLP Living. SLP Living would be  located at the northwest corner of Highway 169 and Interstate 394. The proposal is a  233‐unit, seven story apartment building. The lot is currently vacant. The project  includes surface and structured parking, a new underground stormwater treatment  system, and amenity decks on the second and seventh levels of the building. Ms. Kramer  indicated no new parks are designated in this area therefore, cash‐in‐lieu of land is  recommended by staff. Park dedication fees are $349,500 and trail dedication fees are  Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4l $52,425 for a total of $401,925. The Planning Commission will make a recommendation  on the final plat this evening and the recommended will be brought to the city council  February 1, 2021.  It was moved by Commissioner May seconded by Commissioner Griffin to accept cash‐ in‐lieu of land in the amount of $401,925 for park and trail dedication. The motion  passed 8‐0.  b.Presentation – Lacrosse Association Brian Kelly, President of the Lacrosse Association, introduced himself to the  Commission. Mr. Kelly advised they did not have a season last year due to COVID and  are excited to get back on the field in a few months. Practice generally starts the end of  March / early April. The association attempted to get some games in last year but  decided not to with COVID restrictions.   In 2019 they had 93 girls and 53 boys. In 2020, 49 girls and 27 boys registered prior to  COVID shut down. Mr. Kelley feels like their participation numbers were strong and  building. They offer U8, U10 and U 12 for boys and U8, U10, U12 and U14 for girls. Their  goal is to grow the sport at a younger age. They utilize the ROC on Monday and  Thursdays along with the Middle School fields once they are dry. The groups play  throughout the twin cities and surrounding areas such as Stillwater, Hudson and  Lakeville.  The association hosted a small event last weekend at Central Community Center, Mr.  Kelly indicated, as they are confident a lacrosse season can resume this year. They are  hopefully parents want their kids to be in sports and register for lacrosse. Registration  will open in a week or two for the 2021 season.  Commissioner Cantor inquired when the association began. Mr. Kelley indicated he does  not have the exact date available. Recently the association has been run by a very small  board and they now have five members. They want to build a sustainable model and  succession plan to grow the sport.  Commissioner Cantor inquired if construction at the Middle School has affected the  sport. Mr. Kelly doesn’t feel there’s any obstruction, but they didn’t have a season last  year.  Ms. Walsh thanked the association for all they do and commended them on growing the  association, since they began with a small board. Mr. Kelly indicated they have spoken  with both high school coaches in an attempt to connect with more participants.  Commissioner Foulkes inquired if coed games are played to which Mr. Kelly advised  there is not as different equipment is used and rules differ for both groups.  Page 2 City council meeting of August 16, 2021 (Item No. 4l) Title: Parks and recreation advisory commission meeting minutes January 20, 2021 Commissioner Hagemann inquired on the cost of participation. Mr. Kelly advised costs  range from $100 ‐ $200 per season and get a price break if they register for both spring  and summer seasons. They do office scholarships. They fundraise by selling coupon  cards to assist with fees.  Commissioner Krebs inquired if they have tryouts. Mr. Kelly indicated they do not;  everyone who registers plays. The older kids have 11 participants on the field at one  time and since they are running a lot, they rotate players frequently.   Commission members and Mr. Kelly traded thanks.  c.Discuss 2021 Commission workplan and initiatives Commission members reviewed and discussed the annual 2021 workplan.   Ms. Walsh advised the Historical Society has been asked to present their master plan at  the Commission’s February meeting (1st quarter).   The tentative date of April 24 was added to the Minnehaha Creek clean up as the event  and date is dependent on COVID (2nd quarter).  Ms. Walsh advised when MnDOT redeveloped the Highway 100 and Highway 7 area,  they indicated the Webster Park would be recreated. A portion of this park is currently  leased land from MnDOT. Staff is waiting for direction from MnDOT (3rd quarter).  Mr. West advised Westwood Hills Nature Center’s 40th anniversary celebration is  tentatively scheduled for the end of summer or early fall as the original structure was  built in 1981. Staff hopes the ability to host larger gatherings is acceptable later in the  year. Commissioner Hagemann inquired if the art exhibit should be moved to that time  also or if it should continue in summer as planned. If the exhibit is to be held virtually,  Mr. West advised, then summer is fine. If Friends of the Arts prefers to be part of a  larger gathering, such as the 40th anniversary, then they may want to move the date(s).  Commissioner Cantor inquired if summer events such as Community Link, etc. are  planning to be held this year, which would provide volunteer opportunities for  commission members. Staff is planning to hold summer outdoor events, Ms. Walsh  indicated. The ShamROC Ice Bowling event will not be held this year as it requires  sponsorships and businesses may be suffering financially from COVID. Staff plans to hold  it in 2022.  Ms. Walsh expressed her appreciation for the Commission’s understanding during these  challenging, COVID times.   Page 3 City council meeting of August 16, 2021 (Item No. 4l) Title: Parks and recreation advisory commission meeting minutes January 20, 2021 d.Westwood Hills Nature Center update Mr. West indicating punch list items are being finalized in hopes of closing the project in  March. The chipmunk on the Chilton stone has been installed, which is one of two art  pieces created as part of the Rotary’s donation. The artist, Nicholas Legeros, is currently  working on creating the second art piece which is a Chickadee looking through a  birdhouse window. The Chickadee is in clay form, with a caterpillar in its mouth. The 5‐ foot statue looks through a birdhouse window. Commissioners viewed the statue along  with the location of where it will be located at the Nature Center.  Westwood’s Winter Solstice event, held annually around the shortest day of the year, is  very popular. This year, due to COVID, the event wat held virtually. Participants lit  candles, took pictures and shared those to social media.  Commissioner Hollingsworth inquired on the timeline for the nature playground. Mr.  West indicated the install date will be early summer.  Mr. West advised a generous donation in the amount of $310,000 was received from  Maurice Hobbs in honor of his late wife Barbara Hobbs. The donation was presented to  build a new pavilion which will be located where the old interpretive center was. Mr.  Beane advised a large retaining wall will be installed along the wood line, after the frost  is out, with installation of the pavilion in early June. The structure will be an open picnic  shelter, which will hold less than 99 people, with two seasonal restrooms. Staff is  currently obtaining building permits for the structure. The structure will be nestled into  the area and will provide a nice facility for outdoor programming. Mr. Beane met with  an engineer to discuss potential realignment of the trail to ensure accessibility.  Commissioner Foulkes inquired if a grill will be installed by the new pavilion to which  Mr. Beane advised no grill will be installed. The city is getting away from installing grills  as they are a fire hazard. There will be outlets and a sink, similar to Oak Hill Park Main  Shelter. Mr. Beane suggested holding the appreciation luncheon at that location to  which the Commissioners agreed.   Commissioner Cantor suggested adding the staff appreciation luncheon to the 4th  quarter work plan. Commissioner Griffin suggested members think of something special  to do this year since it’s been a stressful time with COVID.  e.Friends of the Arts shows update Jamie Marshall, Executive Director of Friends of the Arts (FOTA), introduced himself to  the Commission and provided a PowerPoint visual. FOTA’s first event is an artist  showcase exhibition which is more of a traditional gallery show format. FOTA partnered  with Golden Valley Arts (a similar nonprofit arts group in Golden Valley) and the  showcase was scheduled to be shown at Brookview. Due to COVID restrictions, they  Page 4 City council meeting of August 16, 2021 (Item No. 4l) Title: Parks and recreation advisory commission meeting minutes January 20, 2021 pivoted away from Brookview and have artwork at Robbin Gallery in Robbinsdale. Due  to COVID, the event is virtual. The art is hanging in the gallery and, using the city’s 360‐ camer an subscription to Matterport technology, a 360 video was created to capture the  gallery space. The video is on the FOTA website and Instagram page. The collaboration  between St. Louis Park and Golden Valley has awarded the show with 60 artists ranging  from amateur to professional, youth to seniors. FOTA is planning to reopen the show at  Westwood Hills Nature Center’s 40th anniversary celebration. This show opens online  Friday, January 22 and will remain open indefinitely. Individuals can vote for their  favorite artwork through the end of February. Commissioner Hagemann also mentioned  to follow FOTA on Facebook for notifications.  The other project was Art Walk in the Park where artists were solicited to create and  display paintings in various outdoor, public areas, Mr. Marshall indicated. The events  were held in Wolfe Park and at the Westwood Hills Nature Center. The community  members were very supportive, and the events were successful. FOTA provided the art  supplies to a range of participants. The fall event solicited 30 participants and the winter  show had 47 participants, 37 of which were St. Louis Park residents. The next show will  be held amongst the great lights in Oak Hill Park in February and by the dog park in  Dakota Park. FOTA is also exploring a new concept to put other forms of art in parks,  such as a fairy trail, to give people something to discover as they walk in the parks.   Commissioner Cantor enjoyed walking through the fall Art Walk in the Park and is  excited to see the winter Art Walk in the Park.  Commissioner Hagemann indicated Golden Valley has been instrumental in this event as  they facilitated getting the event into Brookview with great responses. They are  optimistic to collaborate again with Golden Valley with a goal of alternating between  Golden Valley space and St. Louis Park space.  Commission members thanked Mr. Marshall.  f.COVID‐19 update Ms. Walsh advised the COVID guidelines have loosed up a bit and currently similar to  the guidelines from last May / June. The Rec Center is open and youth and adult sports  are allowed. Participants must wear face coverings and be mindful of social distancing  when participating in programs. The buildings are allowed to have 25% of its capacity.  To error on the safe side, we consider this applies to the entire Rec Center as a whole.  The High School feel it’s important everyone goes by the same rules, so each player is  allowed two spectator passes to home games, visiting players are allowed one spectator  pass and spectators are not allowed during practices.   School group programming is allowed at the nature center and staff attempts to have  the programs outdoors, advised Ms. Walsh. Face coverings must be worn at all times,  Page 5 City council meeting of August 16, 2021 (Item No. 4l) Title: Parks and recreation advisory commission meeting minutes January 20, 2021 regardless of indoors or out. There have been no COVID outbreaks at any of the  programs. The nature center is also open and the number of visitors at one time are  monitored and limited based on the 25% capacity allowed. Visitors have been good at  self‐monitoring the number of people in the building at one time.  Ms. Walsh advised the warming houses are now open with capacity limits of 10 – 15  people depending on the size of the building. Visitors are being respectful of these  limits. Mr. West advised that many other communities are not opening their warming  houses, but we’ve experienced no issues. Ms. Walsh indicated staff received numerous  requests to have the warming houses open as people are looking for outdoor activities.  Visitors have been very complimentary of our open facilities.  Commissioner Hollingsworth inquired when the restrooms at Browndale and Oak Hill  Parks would be open. Ms. Walsh advised they were open in the summer and are open at  the same time the ice rinks are open. Portable toilets were kept in higher use parks also.  Mr. West updated the Commissioners on virtual programming which includes a gnome  hunt in January. Staff provided clever clues of where to find the gnome. Individuals are  encouraged to find the gnomes, take pictures with the gnomes and post on social  media. Ms. Walsh encouraged the Commissioners to visit the city’s Facebook site and  view the pictures. It’s a great program and the pictures are outstanding.  The 100‐Loop Resolution is a free, six‐week program, for participants to finish or  complete 100 loops, Mr. West indicated. Participants determine their own loop as it can  be down the hallway of a senior center or on walking trails of parks. The program  currently has 330 participants registered.  Mr. West commended staff on being a Rockstar team by putting together virtual and in  person programs during these challenging times.  5.Staff communication Kori Shingles, Recreation and Facilities Supervisor, introduced herself to the Commission. Ms.  Shingles advised she organizes youth sports leagues, provides community engagement efforts,  and arranges facility reservations for the ROC, banquet room, Gallery and Westwood Hills  Nature Center. Youth sports such as soccer, tennis camp, tennis lessons, basketball and t‐ball  have taken place, even though 2020 was a challenging year. The format of the leagues was  changed to accommodate the restrictions of COVID such as face coverings are required at all  times. Even though participation numbers were typically lower, more revenue was earned in  2020 versus 2019 for the tennis program. St. Louis Park teams’ practice at St. Louis Park schools  with the Little Mites basketball program (grades K – 1st grade) beginning on Saturday.  Ms. Shingles also oversees the Access to Fun program which is a scholarship and fee assistance  program. Access to Fun provides an opportunity to assist those with financial barriers.  Page 6City council meeting of August 16, 2021 (Item No. 4l) Title: Parks and recreation advisory commission meeting minutes January 20, 2021 Participants can now apply online versus coming into the Rec Center to apply. Due to COVID,  lower registrations resulted in lower scholarships needed. The Communications department is  helping to advertise the program in hopes of increasing its usage to those in need.  Ms. Walsh advised a Hennepin County grant was received for the Cares Act, which Ms. Shingles  applied for. Cities, counties, and other government entities received federal assistance during  this challenging time. Ms. Shingles indicated the proposal was submitted last April/May and  approved to receive approximately $44,000 which was based on reimbursements.   Commission members thanked Ms. Shingles.  6.Member communication None.  7.Volunteer opportunities Staff will advise Commission members of volunteer opportunities as they become available.  8.Other / future agenda items Next meeting: February 17, 2021 and all meetings will be held via WebEx in the foreseeable  future.  9.Adjournment It was moved by Commissioner Cantor seconded by Commissioner Foulkes to adjourn the  meeting at 7:32 p.m. The motion passed 8–0.  Respectfully submitted,  Stacy M. Voelker  Recording Secretary  Page 7 City council meeting of August 16, 2021 (Item No. 4l) Title: Parks and recreation advisory commission meeting minutes January 20, 2021  Parks & recreation advisory commission  March 17, 2021, 6 p.m.  Members present:  Rich Bluma, Bruce Cantor, Elizabeth Griffin, George Hagemann, Leah  Hollingsworth and Dahlia Krebs.  Members absent: George Foulkes and Pete May.  Staff present:  Guests:  Rick Beane, Parks Superintendent, Nate Rosa, Recreation Supervisor, Cindy  Walsh, Director of Operations and Recreation, and Stacy Voelker,  Recording Secretary Bill Beyer, Ted Ekkers and Kathy Johnson from the St. Louis Park Historical  Society  1.Call to order – roll call Commissioner Cantor, Chair, called the meeting to order at 6:02 p.m.  2.Approval of minutes It was moved by Commissioner Griffin seconded by Commissioner Cantor to approve the  meeting minutes of January 20, 2021. The motion passed 6 – 0.  3.Historical Society Presentation Ted Ekkers, board president, Kathy Johnson, board secretary, and Bill Beyer, trustee  member, of the St. Louis Park Historical Society provided their current strategy. Their  strategies are to preserve and highlight history, community engagement, community  education, and programming. Mr. Ekkers thanked staff for promoting the history of St. Louis  Park with providing the lock and gnome search. COVID‐19 impact was not bad. A majority of  the memberships were received in the first quarter, before COVID‐19. Membership was  slightly down but Give to the Max provided revenue.   Membership renewal letters were sent out this week, Mr. Ekkers advised. The organization  is focused on membership and corporate donations. One of their new board members is  leading these efforts.  Official minutes Consent agenda item: 4m Meeting: City council Meeting date: August 16, 2021 The board currently has three open seats, Mr. Ekkers advised, and two new members. The  challenge is to obtain people that know the history of St. Louis Park. Commissioner  Hagemann inquired what kind of leadership are they looking for on the board. Mr. Ekkers  indicated people that want to get interested in history, setting up public programs such as  the locks in the parks and public outreach.  Ms. Johnson advised the Depot was built in 1887 and the railroad discontinued use in 1968.  Marie Hartman headed a “Save the Depot” campaign. In 1969, the Depot was placed on the  National Register of Historic Places and in 1970 it was moved to Jorvig Park. The city has  been wonderful in maintaining the Depot.   The Historical Society applied for and received a grant in the amount of $10,000 in June of  2020, to hire an architect to assess the Depot and suggest options for the building. The  architect visited twice in 2020 and anticipate receiving a final report in 2021. Hope is to use  depot in years to come. The Society hopes to use the Depot in years to come. Mr. Ekkers  indicated the grant would help offset a good portion of the maintenance needed that  includes painting and repair of existing damage to building.   St. Louis Park Historical Society, the commissioners and staff discussed various ideas for a  permanent home for the Depot.  Mr. Beyer and the society sees an opportunity with the new light rail stop near the Depot.  Commissioner Griffin inquired how much money do they need. Mr. Beyer indicated the  concept of a shared facility in Jorvig Park between the city and the historical society needs  to be supported. The society sees an opportunity to make a statement that the area is  where the railroad history of the city began. Their vision is to express the historic richness of  the area and include interpretive signs.  Commissioner Hagemann described the arts and culture grant available through Friends of  the Arts. Friends of the Arts provides approximately $20,000 annually to those that are  awarded the grant. He inquired if there is an artistic piece that speaks to the area planned  for the Depot. If so, the society was encouraged to apply for an arts and culture grant.  Ms. Walsh indicated the hope is for the Historical Society and city to partner on the  construction with the assistance of the grant funding. Commission members were asked if  they are supportive of adding a picnic shelter with displays at the site. Mr. Beyer indicated  the Society would like a multipurpose room, office space and public restrooms.  Ms. Walsh inquired if there is grant money available to assist with the construction to which  Ms. Johnson indicated there is not. They would need to rely on the city for funding Mr.  Beyer advised. Ms. Johnson indicated the Society has some funds in their building fund and  they would raise money to help with funding. A survey of the property to determine the  property lines and railroad right‐of‐way is needed, Mr. Beyer advised. Mr. Beane indicated a  research of the site infrastructure revealed the side concept could work. The building would  fit in the area and feel it would have a lot of uses. The only issue is there is minimal to no  parking in that area. Mr. Beane suggested discussing the concept with Community  Development also. The building would cost approximately $600,000 Mr. Beyer indicated.  Page 2 City council meeting of August 16, 2021 (Item No. 4m) Title: Parks and recreation advisory commission meeting minutes March 17, 2021 Commissioner Griffin votes to continue discussions and research options as it feels like a  natural fit for the area. It was suggested to scale down the size of the building (from the  3,000 feet originally mentioned) of which Mr. Beyer indicated he will do and provide an  updated cost estimate.   Ms. Walsh recapped that the Historical Society is to work with Mr. Beane on a revised  concept. Staff will begin planning for 2022 (and on) capital improvement projects in late  April of this year and would like to get an estimate to include on the one to five‐year plan.  Staff would also like to discuss funding source options with the city council. A partnership  on this venue is sought as the public can see the historical value in the city and restrooms  are in high demand, indicated Ms. Walsh. Mr. Ekkers appreciates the support and  partnership with the city. The Commission members feel this project should move forward.  Commission members and St. Louis Park Historical Society guests traded thanks.  4.Review 2021 Capital Improvement Projects Rick Beane, Parks Superintendent, indicated 2021 will be a busy year with capital  improvement projects. Trail work, including repaving and culvert replacement, will be done  at Bass Lake Preserve. Staff is working with the engineering division on timing of the project  but hope to begin in May. Various other trails will be repaired at Keystone, Louisiana Oaks,  Oak Hill, Franklin, Jordan and Wolfe Parks. Mr. Beane advised that trails are evaluated  annually and repaired as needed.   Funding is identified in 2021 for small improvements, including painting, at the Depot and  batting cage improvements at Cedar Knoll Park. Also, tennis courts at Bass Lake will be  resurfaced.   The average life expectancy for playgrounds is 13‐15 years, Mr. Beane advised. The city  partners with Kids Around the World for the old playgrounds to be repurposed for other  counties. This year the playgrounds at Center, Fern Hill and Texa‐Tonka Parks are scheduled  to be replaced. Use of the playground at Fern Hill Park includes a partnership with Torah  Academy for their students use. Staff is in the process of discussing funding assistance with  Torah Academy. Some of Fern Hill Parks property is owned by Torah Academy which has  resulted in a great partnership. This year staff provided virtual voting on the playground  equipment replacement. Ms. Walsh indicated more people participated in the virtual voting  versus when held in person.   Staff is close to obtaining a building permit for the new park shelter at Westwood Hills  Nature Center, Mr. Beane announced. He is confident the project will begin with the  building of a retaining wall after road restrictions are lifted. Funding for the shelter is from a  $310,000 donation, Ms. Walsh advised.   Page 3 City council meeting of August 16, 2021 (Item No. 4m) Title: Parks and recreation advisory commission meeting minutes March 17, 2021 Ms. Walsh advised 200+ ash trees were removed around Bass Lake Preserve due to Emerald  Ash Borer. Commissioner Griffin likes the look of the area. Diseased trees must be removed  as not to spread the disease, indicated Ms. Walsh. The Arbor Day celebration will be held in  that area to replant trees.  Commissioner Hollingsworth inquired who owns the open land on Minnetonka Boulevard  and Highway 100. Ms. Walsh advised MnDOT owns the land and believes they are  interested in developing it.  Park building restrooms were unlocked and portable toilets will be added to busy parks  earlier than usual due to COVID and the weather, Ms. Walsh advised. Mr. Beane provided  the restrooms are open 7:30 a.m. to 8:30 p.m. seven days a week. Along with restrooms,  the pickleball courts are open. Residents are very appreciative of this.  5.Review 2021 commission work plan initiatives Ms. Walsh and the commissioners discussed the proposed work plan which will be  presented to council on April 12.  Commissioners agreed to participate in the Minnehaha Creek clean up held in April.   Ms. Walsh advised Webster Park is small and on a prorate lease with MnDOT. Initially was  slated to turn that park over to the city when Highway 100 was reconstructed. The city is  currently working on an agreement with MnDOT to utilize the park area and engineering  would also like to add an underground water storage area. Staff hopes to hear more from  MnDOT this year.   Commission members discussed the annual staff appreciation luncheon along with other  options instead of the luncheon. Staff will discuss potential dates that would work around  hunting seasons. Other ideas discussed included an ice cream sundae event and chili, soup  or one pot meal versus grilling. Members will discuss more at a future meeting.  Ms. Walsh indicated staff is considering holding the Westwood Hills Nature Center  anniversary celebration in September in hopes more capacities are allowed at that time.  Commissioner Cantor recommends a plan on how the commission members can assist since  the commission doesn’t meet in the summer.  Staff will notify the Commission when volunteers are needed for events.  Commissioner Bluma suggested inviting skateboard users to an in‐person meeting to  discuss how to improve the skatepark. He indicated it’s hard to use the lanes of traffic when  it’s busy and suggested creating additional accessible flat ground alongside the skatepark.  Currently, users use the walking path. The users have great energy and spirit; want to give  them a voice. Ms. Walsh indicated there is also an underground water storage area to  consider when thinking about improvements.  Page 4 City council meeting of August 16, 2021 (Item No. 4m) Title: Parks and recreation advisory commission meeting minutes March 17, 2021 6.COVID‐19 update Ms. Walsh advised we are in a similar situation to where we were in 2020 in regard to  COVID‐19. There are strict capacity’s in buildings, and we follow the high school on how  many spectators they are allowing per player. Currently, two spectators per player are  allowed at home games and one spectator per player at away games. Staff is designing  spring and summer programs to [hopeful] offer in person. Ms. Walsh complimented staff on  their ability to contour programs during these challenging times.   Ice is still in the ROC, which is longer than usual, as seasons were delayed due to COVID  restrictions on youth sports, advised Ms. Walsh. Ice will be replaced with turf beginning  March 29 in the ROC. Masks are required in the building, including when on the ice.   Commissioner Bluma inquired if the turf can be used when not rented to which Ms. Walsh  advised anyone can use the ice or turn when not rented. All users must wear masks  regardless if on the ice or on the turf. Staff prefers reservations to ensure our facility is  within the allotted capacity.   7.Staff Communication Mr. Rosa, Program Supervisor, indicated the Aquatic Park will be run under the same  parameters last year although a plan is in place in the event restrictions loosen before the  June 2 opening.   Commission members viewed the Park at Home virtual programs offered as well as  Westwood Wednesdays.   Staff created a New Year’s gnome hunt to get people outside. Each week clues were  provided for the public to find the gnome’s, take a picture with the gnome, and share on  social media. This virtual activity was by far one of biggest online attended events and  received great feedback.  Mr. Rosa described the 100 Loop Challenge and Move into Spring Challenge offered. The St.  Louis Park Winter Art‐Walk in the Park was offered February 2021 by the Dakota Dog Park  and in Oak Hill Park. Many positive comments were received.  Another activity offered was Then and Now Black History Month, Mr. Rosa advised. This  activity is similar to the gnome hunt, where posters describing then and now were added to  parks for the public to find, take a picture and share on social media. Kori Shingles led this  activity that showed inclusion of the city from the past to the current. The interview of Ms.  Shingles by Kare11 was shared.   Staff, in conjunction with the St. Louis Park Historical Society, hid history locks in various  parks, advised Mr. Rosa. This activity began in March with clues to locate the locks provided  each Tuesday. Participants were again encouraged to take a picture of the found lock and  share on social media.  Page 5City council meeting of August 16, 2021 (Item No. 4m) Title: Parks and recreation advisory commission meeting minutes March 17, 2021 Mr. Rosa advised virtual skater training via Zoom was offered by skating instructors.  Participants receive similar instruction virtually as they would in person.  The activities are designed for all comfort and skill levels, Mr. Rosa indicated. They are  offered to keep the community engaged, build social capital within the community, and let  the public know we are there for them during these challenging times.   Ms. Walsh expressed how proud she is of staff for their creative and innovative ideas.  Commission members agreed.   Ms. Voelker shared an update on the spring brochure and where to find it on the city’s  website. The summer brochure is scheduled to be available May 3 and will cover June –  August.  Ms. Walsh advised Jim Vaughan, Natural Resources Coordinator retired, and staff is in the  process of hiring a replacement. The new employee will be invited to a future meeting to  meet the Commission.  8.Member Communication Commissioner Bluma inquired if staff is aware of an individual lurking in Carpenter Park and  if he has been seen in other parks. The police were notified and talked to the person. Ms.  Walsh advised connecting with the police is the correct action to take.   Commissioner Cantor reminded members the Minnehaha Creek cleanup will be held on  April 24 by the Municipal Service Center. Staff will confirm details at the April 21 meeting.  The next Commission meeting will be held April 21. Commissioner Griffin is unable to  attend.  9.Adjournment It was moved by Commissioner Hollingsworth, seconded by Commissioner Hagemann, to  adjourn the meeting at 8:04 p.m. The motion passed 6 – 0.  ______________________________________ ______________________________________  Stacy Voelker, liaison Bruce Cantor, chair member  Page 6 City council meeting of August 16, 2021 (Item No. 4m) Title: Parks and recreation advisory commission meeting minutes March 17, 2021 Members present:  Rich Bluma, Bruce Cantor, George Hagemann, George Foulkes, Leah  Hollingsworth, Dahlia Krebs and Peter May  Members absent:  Elizabeth Griffin  Staff present:  Cindy Walsh, Director of Operations and Recreation, Mike Bahe, Natural  Resources Manager, Rick Beane, Park Superintendent, Jason Eisold, Rec  Center Manager, and Carrie Mandler, Recording Secretary.  Guests:  Catie Boyum, St. Louis Park Hockey Association President  1.Call to order – roll call Commissioner Cantor, chair, called the meeting to order at 6:02 p.m.  2.Approval of minutes It was moved by Commissioner Hollingsworth, seconded by Commissioner Hagemann, to  approve the meeting minutes of March 17, 2021. The motion passed 7 ‐ 0.  3.Hockey Association Update Catie Boyum, president of the St. Louis Park Hockey Association, presented a very positive  overview of the 2020‐2021 hockey season considering the challenges and rule changes due  to COVID‐19 restrictions. The season was very busy with 327 players rostered including  Junior Gold and Hopkins/Park. Spring hockey had a great turn out as well.  Ms. Boyum advised the association revenue dropped when Bunny’s, a large source of pull‐ tab funding, closed due to COVID ‐19 restrictions. The Hockey Association is one of the five  most affordable associations in the area. They provide scholarships when necessary and  they don’t turn children away. The association is still considering ways to be more  accessible to all children.  Ms. Boyum advised during the season five teams were quarantined at some point due to  COVID‐ 19 exposure. However, there were no large outbreaks. The season was quite  successful although crazy. One team went to regionals.  Ms. Walsh expressed appreciation to the association for following the COVID‐19 guidelines.  Mr. Eisold also complimented the way they stayed compliant while trying to follow a  constant moving target. He is aware some other home rinks did not uphold the restrictions  but St. Louis Park did, thanks to Ms. Boyum, city staff and volunteers.   OFFICIAL MINUTES  Parks & Recreation Advisory Commission  April 21, 2021, 6 p.m.  Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4n Ms. Boyum advised she will not be back next year as president. She indicated there are  good candidates to fill the position. She hopes to stay involved in other capacities. She  congratulated the children on their resiliency throughout the season.   Commissioner Cantor thanked Ms. Boyum and inquired who will be the new president. Ms.  Boyum advised there are 18 board members. The president is appointed by the board.  Ms. Boyum advised a foundation has been laid for building diversity in the St. Louis Park  Hockey Association. Now that Bunny’s is re‐opened, funding will improve. In addition to  Bunny’s, The Loop started using electronic pull‐tabs and offered to dedicate the St. Louis  Park Hockey Association as their charity. These organizations help to make hockey very  affordable. In response to a question from Commissioner Cantor about equity throughout  the city, she advised Aquila has the lowest participation numbers. The association is trying  to give the program more exposure and make it equitable. They are trying to show and  advertise that all children of color can play.  In response to another question from Commissioner Cantor, Ms. Boyum advised  scholarships are available as well as mentors for young children and families.  4.Introduction of Mike Bahe, Natural Resources Manager. Ms. Walsh introduced Mike Bahe, Natural Resources Manager. Mr. Beane added we are  very fortunate to have Mike on staff.   Mr. Bahe advised he previously worked for MnDOT. He also worked for the University of  Minnesota doing research. He expressed he is happy to be working for the City of St. Louis  Park. He is comfortable in the position, a continuation of his work over the last 20 years. He  is aware of Jim Vaughan’s excellent reputation in the field and looks forward to continuing  the same.  In response to a question from Commissioner Cantor, Mr. Bahe advised in Hutchinson he  was a Natural Resource Specialist for nine years and forestry is his specialty. He is looking  forward to working with the City of St. Louis Park staff.  5.Minnehaha Creek Clean‐up discussion Mr. Beane advised the Minnehaha Creek Clean‐up event is Saturday, April 24 at 10 a.m.  Meet at the Municipal Service Center visitor parking lot. Approximately nine volunteers will  be helping. The weather looks like it will be good. Mr. Beane, Mr. Bahe and Shawn Rice,  Field Supervisor, surveyed the area prior to the event. Some areas have quite a bit of trash  and others are relatively clean. Mr. Bahe mentioned due to the low creek water levels this  spring, there is the opportunity to take out items that would otherwise be very difficult to  see and remove. Bring face coverings, sunscreen, gloves, and rubber boots if you have  them.   Page 2 City council meeting of August 16, 2021 (Item No. 4n) Title: Parks and recreation advisory commission meeting minutes April 21, 2021 Ms. Walsh inquired which commissioners will attend. Commissioner Hagemann,  Commissioner Foulkes, Commissioner Canter will attend. Commissioner Hollingsworth is  interested, however, cannot commit. The event should last two to three hours. Mr. Bahe  will take pictures for publications. Saturday’s forecast is a high of 50 and sunny.  6.Review Rec Center Capital Improvement Projects Mr. Eisold advised The Rec Center capital improvement projects for 2021 involve more  internal structural repairs and behind the scenes work. Most are not as visible as previous  years, however, due to the age of the building the repairs are necessary.  He touched on each item listed for 2021, starting with the boiler. The new repairs must fit  the city’s climate action plan. In addition to the boiler are plumbing repairs.   The lighting upgrades to LEDs in the main hallway have made a significant difference.  The refrigeration needs updates and repairs.  Landscape work is identified for the pool area.  Deck lounges and chairs will be replaced.  Concession stand equipment will also be replaced.   Mr. Eisold advised the Rec Center first opened in 1971 and this is the 50th year. There are  plans for a special event later this year.  In response to a question from Commissioner Bluma, Mr. Eisold advised solar panels are in  the CIP for next year. The entire east arena roof will have an array. Ms. Walsh added the  MSC already has solar power. The Rec Center solar is going to be an exciting project for next  year.  7.COVID‐19 update Mr. Eisold discussed the COVID‐19 compliance process at the Rec Center. When the  Governor gives an executive order, he stated, we work to be compliant. The next concern  for summer is the aquatic park. This year’s executive order is more restrictive than last year.  Only 450 people this year vs 600 last year are allowed in the pool area at one time. He is  optimistic the numbers will be increased. Chairs will be spaced for social distancing and  signage will be posted. He added staff will do the best they can with what they have.   Ms. Walsh advised she has been asked frequently about changes in the restrictions and  advised she has not heard of any new changes at this time. She added we will enter the  season knowing what we know right now.  Page 3 City council meeting of August 16, 2021 (Item No. 4n) Title: Parks and recreation advisory commission meeting minutes April 21, 2021 Mr. Eisold advised The ROC has been highly utilized since the pandemic. It is currently full in  May, June and September. Some of the uses include graduation parties, proms, funerals,  dance recitals, arts and craft shows, band practices, fall skating events, church services, Yom  Kippur and Rosh Hashana. He is pleased it is a community asset and used as designed, for  more than just a hockey venue.  Commissioner Cantor inquired how staff will define private versus public events at the ROC.  Mr. Eisold advised some boards could be left in place to define the space. Staff will adapt to  each situation as necessary.   Commissioner Cantor inquired if The Rec Center’s 50th anniversary event would be  combined with the nature center’s 40th anniversary event. Mr. Eisold advised the events will  likely be separate. Some ideas for the celebration include, inviting high schools and the  hockey association, putting together a YouTube event, and inviting groups that were  involved with The Rec Center from its inception. Ms. Walsh added to perhaps capitalize on  the MN Wild practices as well as contacting the Gophers and other college hockey teams.  Mr. Eisold advised there have been a lot of St. Louis Park alumni passing through the doors  of The Rec Center. Perhaps they can be reached and asked to participate.  Commissioner Hagemann advised he has contacts in the women’s hockey program at the U  of M. Mr. Eisold responded with interest and will be in contact with Commissioner  Hagemann.  8.Westwood Hills Nature Center Project Update Ms. Walsh advised she and staff are extremely focused on closing off the project. The  center is very close to completion with just a few items to finish. There have been many  visitors. In addition, educational groups and instructors are coming for programs. The  building is getting used and programs are going very well.  Commissioner Hageman inquired if the park entrance sign will be updated. The old sign is  hard to see. Ms. Walsh advised a new sign will be installed.   In response to a question from Commissioner Hollingsworth about the playground, Ms.  Walsh indicated the playground should be installed sometime this spring or early summer.  She also commented the on‐line voting for the playground worked great. People are busy so  this was a good option for them.  Ms. Walsh advised she will keep the commission informed on the 40th anniversary event.  Ms. Walsh also advised Parks and Recreation will continue publishing on‐line publications  for now. The electronic brochure can be easily updated as COVID‐19 restrictions and  guidelines change.  Page 4 City council meeting of August 16, 2021 (Item No. 4n) Title: Parks and recreation advisory commission meeting minutes April 21, 2021 9.Staff Communication Ms. Walsh complemented staff for their hard work throughout all the COVID‐19 changes.  Many staff could not work from home. The parks have been busier than they have ever  been. Outside is an absolute necessity. Commissioner Hollingsworth added the trend will  continue.  Commissioner Cantor thanked the staff for following rules even though they often received  negative feedback. Ms. Walsh added associations were supportive.  Moving forward, Ms. Walsh suggested possibly an ice cream social staff appreciation rather  than a lunch this year.  Commissioner Canter suggested this be discussed in May.  10.Member communication Commissioner Hagemann inquired who people should contact for help with oddly behaving  animals. Ms. Walsh advised Animal Control should be contacted.  Commissioner Hagemann inquired if members have seen the new pavement marking for  bicycle safe routes to school on Dakota Avenue, south of Minnetonka Boulevard.  Commissioner May indicated he saw it and added there will be safety bollards on the bike  lanes in the future as well.   The next commission meeting will be held May 19, 2021. Ms. Walsh advised there are two  items for review, therefore, she will need a quorum. Commissioner Krebs is unable to  attend due to a school event.  Commissioner Krebs was congratulated by the commission when she announced she will be  attending Johns Hopkins University in the fall.  11.Adjournment It was moved by Commissioner Hollingsworth, seconded by Commissioner Hagemann. to  adjourn the meeting at 7:06 p.m. The motion passed 7 – 0.  ______________________________________  ______________________________________  Carrie Mandler, liaison Bruce Cantor, chair member  Page 5 City council meeting of August 16, 2021 (Item No. 4n) Title: Parks and recreation advisory commission meeting minutes April 21, 2021 Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4o Official minutes Planning commission June 16, 2021 – 6:00 p.m. Members present: Jim Beneke, Matt Eckholm, Courtney Erwin, Jessica Kraft, Sam Tift, Tom Weber, Joffrey Wilson Members absent: Imran Dagane Staff present: Jacquelyn Kramer, Jennifer Monson, Gary Morrison, Sean Walther Guests: none 1.Call to order – roll call 2.Approval of minutes – June 2, 2021 Commissioner Beneke made a motion, and Commissioner Kraft seconded, to approve the minutes of June 2, 2021, as presented. The motion passed 6-0. 3.Hearings 3a. Zoning ordinance amendment pertaining to home occupations Applicant: City of St. Louis Park Case No: 21-24-ZA Mr. Morrison presented the report. Commissioner Wilson asked if there has been demand for operating businesses out of homes historically in the city. Mr. Morrison stated there has not been a request for home salon or barber but it was brought up as an equity issue. He stated this is most likely the primary drive for that. Commissioner Kraft stated the planning commission has been looking at home occupations for a while and salons and barbers were not allowed initially as a home occupation. It came forward as an item for further discussion. Commissioner Beneke asked if when the council discussed this, did accessory dwelling units come up specifically. Mr. Morrison stated yes. The concern comes with potential nuisance in accessory buildings such as garages, so they continue to be excluded from being used for home occupations. At this time, only occupants of an accessory dwelling units are allowed to conduct a home occupation in the accessory dwelling unit within the proposed ordinance. Chair Eckholm opened the public hearing. Page 2 City council meeting of August 16, 2021 (Item No. 4o) Title: Planning commission meeting minutes June 16, 2021 There were no callers on the line. Chair Eckholm closed the public hearing. Chair Eckholm stated the work staff did to update this ordinance has been very good and this brings the ordinance more in line with what the average person likely assumes to be allowed. He will support this. Commissioner Beneke stated he also supports the ordinance, adding the ordinance offers more equitable opportunities. Commissioner Beneke made a motion, and Commissioner Weber seconded, to accept the zoning ordinance amendment pertaining to home occupations. The motion passed 6-0. 4.Other Business - none 5.Communications Mr. Walther noted the commission will have a study session immediately following adjourning the regular meeting. The topics to be discussed include daycare regulations, an introduction of a development proposal anticipated for the site north of the future Beltline Blvd. Light Rail Transit Station, and a discussion about the joint study session commissioners had with the city council regarding the 2021 work plan. He stated the July 7 planning commission meeting is cancelled and the next regular meeting will be July 21. 6.Adjournment – 6:18 p.m. Study session The study session commenced at 6:19 p.m. 1.Daycare ordinance introduction Mr. Morrison presented the report. Commissioner Wilson stated there are some great parks in the city and leveraging those, while lessening barriers to childcare, is worthwhile pursuing. Commissioner Kraft stated she would hate to lose a dedicated park space at daycares. Also, she stated there are peak times for drop off/pick up and parents are stuck circling; she cautioned on parking reduction. Chair Eckholm stated possibly incorporating a parking management plan would be in order especially during peak times. He added traffic flow and parking needs to be safe with children coming in and out. Page 3 City council meeting of August 16, 2021 (Item No. 4o) Title: Planning commission meeting minutes June 16, 2021 Chair Eckholm asked why the ordinance is so stringent in various areas. Mr. Morrison stated it hasn’t been reviewed in many years and may be outdated. Chair Eckholm stated he supports urban designs with rooftop play areas. He would want to support that especially if there are no parks nearby. Commissioner Weber agreed. He stated the ordinance should make it as easy as possible for daycares and would defer to the state on regulation here. Commissioner Tift also agreed. He asked if in the past when setting up daycares near a highway and what are the safety standards that are looked at. Mr. Morrison stated in the one near Highway 100, the highway is elevated so there is a concrete barrier; it was determined to be safe there. He noted fences and barriers would help with safety issues. Commissioner Weber asked if there has been the same type of issues with people wanting to do in-home day care in St. Louis Park and not being able to because of commercial day cares. Mr. Morrison stated in-home daycares operate under a different set of city, state, and county rules. He had not heard of any barriers to in-home day care in the city. Chair Eckholm stated Highway 7, 100 and 169 used to be surface highways, so perhaps in the past the fences and barriers were needed since there was no grade or setback. He added with the way highways are constructed now, there are barriers in place and more fully developed. He stated possibly setback is not needed but only fencing would be used if needed. Commissioner Kraft noted most play areas are fenced in so this is probably not asking something daycares do not already do. Mr. Morrison stated the fencing or barrier will be needed for safety reasons regardless of the location. Commissioner Weber asked if there are playgrounds in nearby schools and if daycares would be able to utilize those assets as well as park playgrounds. Commissioner Kraft stated she feels it is important that a daycare not share a park and have a dedicated play area within its property. She stated she is concerned about there not being a dedicated space located right at the daycare itself. She asked if the state requires a dedicated play area. Mr. Morrison stated the state allows local parks as a substitute to the required on-site play area. Chair Eckholm stated he is not comfortable asking a daycare to use a certain park and not also have a dedicated on-site play space. Commissioner Weber added he did not intend that the city’s ordinance would need to follow all of the state regulations. Page 4 City council meeting of August 16, 2021 (Item No. 4o) Title: Planning commission meeting minutes June 16, 2021 Mr. Walther stated Commissioner Beneke serves as the school board liaison on the commission and asked him if there are any shared aspects of this with schools. Commissioner Beneke stated the schools are limited in the number of preschool programs they can run but he was not sure about sharing the playgrounds. He added there might be rules of not bringing outside groups to play at school playgrounds during the day but noted he would check into this. 2.Sherman Associates proposed Beltline Boulevard Station Redevelopment Ms. Monson presented the report. Chair Eckholm stated the unit count is set on the development. He asked when they go ahead with phase 2, would additional units be able to be added? Ms. Monson stated the developer is locked into their unit mix for the most part. She stated the site plan is still at five to six stories; one building will be at seven stories. Commissioner Weber asked if the developer is in talks with a grocer. Ms. Monson stated yes. Commissioner Beneke asked if there is a park and ride included in the development. Ms. Monson stated the hope was to have a lower amount of cars allowed at the park and ride at 268 parking slots and up to 98 for resident use. Mr. Walther added this one will be a park and ride and there is also another at Louisiana Avenue as well. Commissioner Beneke asked if the EAW is worrisome at all. Ms. Monson stated there are some soil problems, but it is nothing out of the ordinary for St. Louis Park. She noted issues that came up in the area have been solved and the developer will be applying for grants to help. Commissioner Weber asked if phase 1 happens and then in phase 2 the affordable gets cancelled, does the city have safeguards in place on this? Ms. Monson stated yes and that will all be included in the contracts. She also noted there will TIF applied for by the developer as well, to help with this. Mr. Walther stated typically the financing takes about two years to set up in a development like this. Commissioner Wilson asked if there will be infrastructure provided in the development, so it is not more expensive to add this in the future. Ms. Monson stated yes, noting there will be conduit and EV chargers included in the development. Commissioner Kraft asked for the timeline for phase 2 being built and what it will look like before phase 2 is built. Ms. Monson stated she knows the park and ride will have to be set before light rail begins operation. Phase 2 should be completed then or shortly thereafter, as the developer will have their tax credits by then. Page 5 City council meeting of August 16, 2021 (Item No. 4o) Title: Planning commission meeting minutes June 16, 2021 Chair Eckholm asked if there is pressure from the grocer for surface parking. He stated he sees a lot of parking in the development and would like to see it broken up a bit, such as 90-degree parking or parallel parking in the actual implementation. Commissioner Beneke noted the water quality in Bass Lake, noting the development might be able to help the water quality there as well, when following all the requirements. Ms. Monson stated this is correct. Ms. Walther added some of the water management issues have already been addressed following the watershed requirements. Chair Eckholm asked what the vision is related to retail at the development. Ms. Monson stated the city is working to keep that in there and the developer is looking at a coffee shop. Commissioner Weber stated but Nordicware has a coffee shop right across the street already. Ms. Monson stated that is correct, adding the city only wants something there and does not have a preference as to what it is. 3.2021 Work Plan Mr. Walther stated this portion of the meeting is for the commission to make comments related to the work plan and councils debrief. He added if there was specific direction for staff, they would also appreciate that feedback as well. Chair Eckholm asked about the council’s stance on the analysis of build size for residential buildings and putting that on the back burner. Mr. Walther stated that is correct, adding there were only two councilmembers in support of the amendment provided by staff. He noted council will further discuss this and come back to the commission with more direction. Commissioner Beneke asked if the concern was the size of single-family homes. Mr. Walther stated yes and noted there were several proposals on how to address this but the council did not support the items brought forth by staff. Commissioner Beneke asked if this relates at all to the percentage of rentals vs. owner occupied units. Mr. Walther stated there was some conversation around two-family dwellings in lower density areas and identify areas where three and four-plex’s might be appropriate. This item may be another area the council will look into to help support first-time home ownership. Chair Eckholm asked if there is any way to look at having more owner-occupied multifamily housing. Mr. Walther stated there are some issues with state regulations on this type of building not moving ahead in the state. Mr. Walther stated condos are currently not being pursued at all in the state. Commissioner Wilson agreed there is opportunity with condos, but challenges to get there. Page 6 City council meeting of August 16, 2021 (Item No. 4o) Title: Planning commission meeting minutes June 16, 2021 Mr. Walther added there are also different construction requirements when converting apartments to condos, and in building condos. Chair Eckholm asked if these discussions related to triplexes and quads would be worthwhile to include in the work plan as there seems to be interest by the council on this. He added also that the council was interested in early discussions on neighborhood commercial uses within residential neighborhoods. He noted this might be related to food security and having grocery stores close by in neighborhoods. Mr. Walther stated there are two paths to look at multiple items: bring individual items to the commission and council over a year or two or to look at everything at once and pursue a more sweeping amendment that takes in all these topics. Chair Eckholm stated this is helpful to hear and a good concept. Commissioner Beneke stated this would be a way to work out any issues over two years vs. rushing in and doing everything at once. Mr. Walther agreed. Commissioner Wilson agreed there is benefit in taking things one at a time and being mindful that all things are interconnected. Mr. Walther stated that there may be room to add to the work plan list but stated it is a large list at this point. He added the transit-oriented development district zoning code amendment is a huge topic for staff and a consultant may be brought in to help on this item. Mr. Walther noted the city hall HVAC equipment has all been updated and has been used at city council meetings. He noted the city council chambers also have dividers that can be used at the dais and if the commission is interested in utilizing these, they are available. He added all are welcome to use masks as they so choose to. He noted the public will now be invited to all future meetings and the commissioners can also be seated six feet apart if so desired. Mr. Walther stated he will work with facilities on the commission’s requests for the in- person meeting space. He added there will no longer be Webex meetings and no longer a call-in number to listen to meetings, although there will still be a call-in number for public hearings. He also added if residents want to participate in study sessions, they will have to be at the meeting in person. 4.Adjournment – 7:50 p.m. Sean Walther Matt Eckholm ______________________________________ ______________________________________ Sean Walther, liaison Matt Eckholm, chair member Meeting: City council Meeting date: August 16, 2021 Consent agenda item: 4p Official minutes Planning commission July 21, 2021 – 6:00 p.m. Members present: Jim Beneke, Imran Dagane, Matt Eckholm, Jessica Kraft, Sam Tift, Joffrey Wilson Members absent: Tom Weber Staff present: Jennifer Monson, Sean Walther, Emily Ziring Guests: None 1. Call to order – roll call 2. Approval of minutes – June 16, 2021 Commissioner Beneke made a motion, seconded by Commissioner Dagane to approve the June 16, 2021, minutes as presented. The motion passed. 3. Hearings - none 4. Other Business - none 5. Communications – Mr. Walther stated there will be a study session right after the planning commission meeting this evening and noted the agenda topics. The next regular planning commission meeting is August 4, 2021 and he shared the scheduled agenda topics. He also invited commissioners to an event for Tom Harmening, retiring city manager, at the Westwood Nature Center on July 22, 2021. 6. Adjournment – 6:03 p.m. Study session The study session commenced at 6:10 p.m. 1. The commission members introduced themselves to one another. Due to COVID-19, this was this was their first in-person meeting in over one year. 2. Green Building Policy presentation – Emily Ziring, Sustainability Manager Ms. Ziring presented on the green building policy. She presented background and noted in 2018 the city council approved the climate action plan, which is being implemented now to achieve mid-term 2030 goals to stay on track for the community’s 2040 goals. City council meeting of August 16, 2021 (Item No. 4p) Page 2 Title: Planning commission meeting minutes July 21, 2021 She shared some examples of projects completed to date with the commission. She presented the current policy and proposed policy to the commission. Commissioner Beneke asked about greenhouse gas emissions. Ms. Ziring stated they will work to neutralize emissions, to offset them, however not getting rid of all gas emissions. Commissioner Beneke asked if that will be offset by credits. Ms. Ziring stated yes, the hope is to get buildings as energy efficient as possible. She added while they have goals for net zero buildings, that is very expensive at this point, but this will get the city close to its goal. Commissioner Kraft asked if the proposed overlay is more stringent than the standards in the third-party rating systems. Ms. Ziring stated the overlay supersedes whatever is in the third-party requirements and is stricter in most cases. Commissioner Tift asked if fees would be incurred by developers or the city. Ms. Ziring stated by the developer. He also asked if the city has data that the new policy will be more effective. Ms. Ziring stated the new policy will be more stringent and would result in more energy efficient buildings and more buildings using renewable energy sources. Chair Eckholm asked if it is necessary to offer fossil fuel options vs. battery storage systems. Ms. Ziring stated she would have to research this before responding, but her initial expectation is that natural gas or diesel generators would need to be part of the support to electric systems. One consideration about diesel versus natural gas was how far away the generators are manufactured. Commissioner Beneke asked why the city could not mandate, for example, solar panel installation. Mr. Walther responded that the city cannot adopt a regulation that is stricter than the State Energy Code. The city’s approach is to fold these requirements into requests that developers opt into voluntarily, such as requesting financial assistance, requesting a planned unit development, or requesting density bonuses. The city ties the city’s goals to these optional requests that open the opportunity to negotiate with an applicant and advance the city’s highest priorities in exchange for flexibility or financial support of a development. The city is also advocating for changes to State law to allow cities to adopt more effective stretch energy codes. Chair Eckholm asked if the green building policy apply across the board or only for a TIF or PUD project. Mr. Walther stated if the development receives TIF, or a PUD or a density bonus in the vertical mixed-use district, and the building is of a certain size, the green building policy applies. It does not apply to any other construction. Commissioner Beneke asked about net-zero energy. Ms. Ziring stated they will work to make every building as energy efficient as possible, with no natural gas, and solar power. City council meeting of August 16, 2021 (Item No. 4p) Page 3 Title: Planning commission meeting minutes July 21, 2021 Ms. Ziring shared other strategies and programs the city has to help achieve our mid- term goals. She shared some ways the city has reviewed the policy through a racial equity lens. 3. Wooddale Station Development Update – Ms. Monson presented the report. Commissioner Kraft asked about retail parking access. Ms. Monson stated at 36th Street a left-hand turn can be made into the parking lot. Commissioner Wilson asked if staff is concerned about congestion in the area. Ms. Monson stated no, adding the city is working on updated plans for 36th Street with east and west lane changes, and adding bike lanes and sidewalks, so folks can get to the site without driving ultimately. Mr. Walther stated the city has been mindful of traffic congestion in the area and noted there were extensive traffic studies done in the area as well as significant infrastructure investments. Commissioner Wilson asked about the potential timeline of the project. Ms. Walther stated applications will be at the end of the year or beginning of 2022 and then next spring or summer the project will being. Commissioner Beneke asked what type of retail and commercial space will be included. Ms. Monson stated it will likely be smaller retail spaces, similar to the Nolan Mains development in Edina. Mr. Walther added this project proposed much more commercial space than the other development proposals the city received. Commissioner Tift asked how many units will be affordable. Ms. Monson stated 10% at 60% AMI and 10% at 50% AMI, which well exceeds the requirements. This is 48 affordable units within the project. 4. Council Chambers Room Review – Mr. Walther went over elements of the room with commissioners related to safety and security. He also noted recent changes to the State’s open meeting law and how they apply to hybrid meetings for the commission. 5. Adjournment – 7:09 p.m. Sean Walther Matt Eckholm ______________________________________ ______________________________________ Sean Walther, liaison Matt Eckholm, chair member Meeting: City council Meeting date: August 16, 2021 Action agenda item: 5a Executive summary Title: Appointments to the Police Advisory and Environment & Sustainability Commissions Recommended action: Motion to appoint Joe Schermann to the Police Advisory Commission (PAC) for a term beginning Aug. 16, 2021 and ending May 31, 2022, and to appoint Andrew Willette to the Environment & Sustainability Commission (ESC) for a term beginning on Aug. 16, 2021 and ending May 31, 2023. Policy consideration: Not applicable Summary: Board members are appointed to 3-year terms on the Police Advisory Commission and the Environment & Sustainability Commission, beginning May 31 of each year. Vacancies may occur upon the resignation of a board member. Both the PAC and the ESC had resignations submitted recently. If appointed, Joe Schermann would fill a position on the PAC with a term ending on May 31, 2022, and Andrew Willette would fill a position on the ESC with a term ending on May 31, 2023. Following appointment by the council, Joe and Andrew will receive notification of the appointment. 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: None Prepared by: Debbie Fischer, administrative services office assistant Reviewed by: Melissa Kennedy, city clerk Approved by: Cindy S. Walsh, interim city manager Meeting: City council Meeting date: August 16, 2021 Action agenda item: 8a Executive summary Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code Recommended action: Motion to approve the first reading of all five ordinances amending various sections of Chapters 6 and 8 of the City Code, establishing fees, and set second reading for Sept. 20, 2021. Policy consideration: Does council wish to proceed with the ordinance amendments proposed for building regulations and business licensing? Summary: Regular review of city ordinance language is important to ensure that the code is consistent with state and federal laws, to respond to requests from the community, and to adapt to industry changes. Amendments relating to adoption of the state building code and peddler/solicitor sections will provide increased clarity and accuracy. Staff is proposing changes to simplify the certificate of competency card renewals for contractors working under a mechanical contractor’s license. These changes will align St. Louis Park with other municipalities, making it easier for contractors to comply and for staff to process applications. Some food and beverage establishments have expressed intent to allow dogs to accompany persons patronizing designated outdoor patio areas. The Minnesota Department of Health (MDH) has clarified that city adoption of an ordinance permitting dogs within the outdoor patio areas of these establishments is necessary if the city chooses to allow. Financial or budget considerations: No significant financial expenditures or revenue will occur due to these proposed revisions. Strategic priority consideration: Not applicable. Supporting documents: Discussion Building code adoption ordinance Mechanical competency card ordinance Peddler/solicitor ordinance Dogs on patios ordinance Fee schedule ordinance Prepared by: Michael Pivec, property maintenance & licensing manager Reviewed by: Brian Hoffman, director of building & energy Approved by: Cindy S. Walsh, interim city manager City council meeting of August 16, 2021 (Item No. 8a) Page 2 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code Discussion Background: The city attorney has advised staff that a few sections of city ordinances are not in compliance with recent changes in Minnesota state statutes and federal case law. Changes required include administrative updates to reflect clerical changes to the Minnesota State Building Code and revising requirements for solicitor and peddler licensing to align with findings of the U.S. Supreme Court. Staff is currently following the attorney’s recommendations in administering the programs to be in compliance. These revisions are considered a code cleanup action. Present considerations: Recommended amendments to chapter 6 and chapter 8 of the city code are detailed below. Chapter 6. Buildings and building regulations, Section 6-66 Minnesota State Building Code. Clean up amendment for adoption language of the Minnesota State Building Code as required by state statute. This will not have any impact on our administration of the state code within the city. Chapter 8. Businesses and licenses, Section 8-1 thru Section 8-580 Clean up amendments to several sections regulating Peddlers, Solicitors, and Transient Merchants These are necessary changes proposed by city attorney. Police department staff are currently performing background checks and issuing peddler license in accordance with attorney recommendations. The changes will result in the following: • The proposed amendment would exempt people from licensing or regulations that canvas or solicit from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or organization from the definition of solicitor. The United States Supreme Court has held that seeking donations is a form of advocacy entitled to a high level of First Amendment free speech protection. • The licensure and fee requirement for solicitors is removed because of federal interstate commerce preemption concerns. Under the above amendments only peddlers would be subject to background checks. Federal courts have held that a background check requirement on solicitors is an unconstitutional prior restraint on free speech because solicitors are not able to solicit until the background check is complete. • A two-day time limit is added to determine whether a license application is complete. This is to ensure prompt processing of applications. • All solicitors will be required to register with the City. Registration is completed using the same form as required for license application, but no fee will be applied. Door to door advocates would not be required to register because courts have found that even a registration requirement is too much of a burden on their free speech rights. City council meeting of August 16, 2021 (Item No. 8a) Page 3 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code Chapter 8. Businesses and licenses, Sections 8-115 (b) and (c) Mechanical Contractor Certificate of Competency A competency card is required by employees of a licensed mechanical contractor who will be performing mechanical work like gas piping and furnace installations. Proposed amendments to the mechanical contractor certificate of competency renewal requirements will help align program with other cities, by requiring renewal on an annual basis instead of every three years and removing continuing education requirements. Annual renewal is consistent with all other business and contractor licensing. Chapter 8. Businesses and licenses, Designated outdoor dog areas at Food and Beverage Establishments Establishes a new licensing section Sections 8-465 through 8-467 for allowing Licensed Food and Beverage Establishments to have a designated dog area in compliance with the MN Food Code. Staff has learned that a city must specifically adopt code provisions for allowing. In the absence, Hennepin County Environmental Health being the delegate restaurant inspection authority by the MDH, does not allow pets in any food serving area as it is prohibited in the MN Food Code. Proposed code changes include: • Definition aligning with MN Food code authorizes municipalities to adopt an ordinance to permit food and beverage establishments to allow dogs to accompany persons patronizing designated outdoor areas of food and beverage establishments. • Only Licensed food and beverage service establishments can apply for a license for a designated outdoor dog area to align with MN Statute 157.175. • License required for creating a designated outdoor dog area allows city staff to review site location for compliance with other city regulations for location of food/beverage service and other licensing. Staff would also notify the County Health Inspectors of those establishments creating dog areas. Financial considerations: The following new or revised fees are proposed to the 2021 fee schedule of appendix A. • Mechanical Contractor certificate of competency: $15/year • Solicitor Registration: remove fee • Designated Outdoor Dog Area License: $50/year These are fee-for-service programs that will not create any budget changes. Next steps: If the first reading of the ordinance is approved, then a second reading will be scheduled for September 20, 2021. Effective date proposed for all changes is 15 days following publication. City council meeting of August 16, 2021 (Item No. 8a) Page 4 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code Ordinance No.____-21 City of St. Louis Park Hennepin County, Minnesota An ordinance amending St. Louis Park City Code Section 6-66 and Section 6-67 (a) (1) relating to building The City of St. Louis Park does ordain: Section 1. Section 6-66 of the St. Louis Park City Code is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 6-66. Minnesota State Building Code. (a) Adopted. The Minnesota State Building Code, established pursuant to M.S.A. §§ 16B.59 16B.75 362B.101- 362B.16, as it may be amended from time to time, is adopted in its entirety, as amended, as the building code for the city. The code is incorporated in this Code as if fully set out in this section. (b) Optional chapters adopted. As authorized by M.S.A. $ 16B.61, Minnesota Rule 1300.0060, as it may be amended from time to time, the following optional chapters of the Minnesota Rules are adopted: (1) Minnesota Rules Chapter 1306, Special Fire Protection Systems with selection of Section 1306.0020 Municipal Option, Subp. 2. (2) Minnesota Rules Chapter 13 3 5, Floodproofing Regulations, parts 13 3 5. 0600 1335.1200. (c) Application, administration and enforcement. The application, administration and enforcement of the state building code shall be in accordance with Minnesota Rules Chapter 1300. (d) Violations. A violation of the state building code is a misdemeanor. Section 2. Section 6-67 (a) (1) of the St. Louis Park City Code is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 6-67. Permits. (a) Required. (1) The issuance of permits and the collection of permit fees shall be as authorized in M.S.A. § 16B.62, subd. 1326B.121 subd. 2, as it may be amended from time to time. City council meeting of August 16, 2021 (Item No. 8a) Page 5 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code Section 3. This ordinance shall take effect fifteen days after its publication. Reviewed for administration: Adopted by the City Council September 20, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First Reading Aug. 16, 2021 Second Reading Sept. 20, 2021 Date of Publication Sept. 30, 2021 Date Ordinance takes effect Sept. 15, 2021 City council meeting of August 16, 2021 (Item No. 8a) Page 6 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code Ordinance No. ____-21 City of St. Louis Park Hennepin County, Minnesota An ordinance amending St. Louis Park City Code Section 8-115 regarding mechanical contractor’s certificate of competency The City of St. Louis Park does ordain: Section 1. Section 8-115 of the St. Louis Park City Code is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 8-115. Certificate of competency. (a) Any person may obtain a certificate of competency for each or all of the mechanical contractor's license endorsements upon completion and passing of a competency examination provided by the city for each of the endorsements, and following payment of the examination fee, which shall be set from time to time by the city and a schedule of such fees is listed in appendix A to this Code. The examinations will demonstrate the knowledge of codes and basic methods necessary for doing such work. An initial competency examination may be waived by the city for individuals that provide evidence of passing a competency testing program conducted by another governmental entity, where the testing program is determined to be substantially similar to the city's testing program. (b) The certificate of competency holder must renew competency every three years by completing the application and payment of the annual fee. by providing to the city proof of continuing education in mechanical codes with the renewal application and renewal application fee. To renew a certificate of competency, the person holding competency must either complete a minimum of six hours of approved education or retake the competency test for each of the endorsements applied for. The continuing education must pertain to the competency being renewed and may occur at any time during the competency term. Continuing education content must cover one or more of the following topics: (1) General principles of mechanical systems (2) Equipment testing and analysis (3) Mechanical codes and standards The continuing education requirement will be fulfilled by attending classes or seminars provided by trade organizations, public or private institutes of education, manufacturers, trade associations, independent testing and evaluation laboratories or governmental agencies. For individuals holding a certificate of competency with multiple competencies, the individual is not required to meet the minimum education requirement for each competency, a total of six hours of education relating to any and all competencies shall be sufficient, and payment of only one renewal fee for all competencies shall be required. City council meeting of August 16, 2021 (Item No. 8a) Page 7 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code (c) A certificate of competency shall be valid for the three calendar years following the year in which the certificate of competency was issued. Certificates of competency shall expire on December 31 of the third year of the issuance of such certificate of competency. (b) If the holder of a certificate of competency completes the requirements for any additional competencies, the city will add the competency to the certificate with no additional fee. The addition of competencies within the term of a certificate of competency will not change the expiration date of the original certificate of competency. Section 2. This ordinance shall take effect fifteen days after its publication. Reviewed for administration: Adopted by the City Council September 20, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First Reading Aug. 16, 2021 Second Reading Sept. 20, 2021 Date of Publication Sept. 30, 2021 Date Ordinance takes effect Sept. 15, 2021 City council meeting of August 16, 2021 (Item No. 8a) Page 8 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code Ordinance No.____-21 City of St. Louis Park Hennepin County, Minnesota An ordinance amending St. Louis Park City Code Section 8-1 definition of solicitor; amending Section 8-571 and Section 8-572 to remove the licensing requirement for solicitors; amending Section 8-573 to remove the fee requirement for solicitors; amending Section 8-574 to require confirmation of a complete license application within two (2) days of receipt; amending Section 8- 575 to remove reference to solicitor; amending Section 8-578 to eliminate restrictions on hours for conducting business; amending Section 8-579 to correct a scrivener’s error; and adding Section 8-580 registration requirement for solicitors The City of St. Louis Park does ordain: Section 1. St. Louis Park City Code Section 8-1 definition of “solicitor” is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 8-1. Definitions Solicitor means any person who goes from house to house, business to business, or any kind of place to place movement for the purpose of soliciting or taking or attempting to take orders for the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of maintenance or repair services in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. It also means any person, except for a city resident canvassing his or her neighborhood, who canvasses, solicits or calls from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or organization. Section 2. Section 8-571 of the St. Louis Park City Code is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 8-571 License required; exemptions. (a) It shall be unlawful for any person to engage in the business of peddler or solicitor within the City without first obtaining a license from the city; provided that the following are exempt from the provisions of this section: (1) Any person taking orders for goods sold by a political, religious, educational, or nonprofit organization as part of fundraising activities. City council meeting of August 16, 2021 (Item No. 8a) Page 9 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code (2) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler. (3) Any person who sells or attempts to sell or takes or attempts to take orders for any product grown, produced, cultivated, or raised on any farm. (4) Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk. (5) Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route. (6) Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large. (7) Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales. (8) Any person participating in an organized multi-person bazaar or flea market. (9) Any person conducting an auction as a properly licensed auctioneer. (10) Any officer of the court conducting a court-ordered sale. (b) Persons whose activities are exempted from the licensing requirement shall comply with any other applicable statutory or ordinance provision, including Section 8-578. Section 3. Section 8-572 of the St. Louis Park City Code is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 8-572. Application. An application for a license shall be made at least fourteen (14) business days before the person desires to begin conducting a business operation within the city. Each individual seeking to conduct business as a peddler or solicitor shall complete an application. Application for a license shall be made on a form provided by the City which shall include the following information: (1) Full legal name; (2) Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer to; (3) Physical description (i.e., hair color, eye color, height, weight, any distinguishing marks or features, and the like); (4) Permanent address and telephone number; (5) Temporary address and telephone number; (6) Full legal name of any and all business operations owned, managed, or operated by the applicant; (7) Brief description of the business or activity to be conducted and a general description of the items to be sold or the services to be provided; (8) If employed, the name, address and telephone number of the employer; or if acting as an agent, the name, address and telephone number of the principal City council meeting of August 16, 2021 (Item No. 8a) Page 10 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; (9) Address and telephone numbers, including cellular phones and facsimile, of regular place of business, if any exists; (10) Hours, date(s) and locations in the City which the applicant intends to conduct business; (11) A copy of a current government issued identification and complete a license application addendum authorizing the city to conduct a criminal background investigation; (12) License plate number, registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the business; (13) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city; (14) A statement as to whether or not the applicant has been convicted within the last five (5) years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses; (15) A list of the three (3) most recent city or county locations where the applicant has conducted business as a peddler or solicitor; (16) Proof of possession of any license or permit that, under federal, state, or county law, regulation, or ordinance, is required to have in order to conduct the proposed business; and (17) Any and all additional information as may be deemed necessary by the Chief of Police. (18) The applicant shall have a continuing duty to immediately disclose to the city any change in the information supplied in the application. Section 4. Section 8-573 of the St. Louis Park City Code is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 8-573. Fees. Except for solicitors engaged in Interstate Commerce, which are specifically exempted from paying any fee under this chapter, aAll applications for a license shall be accompanied by the fee set from time to time by the City and a schedule of such fee is listed in appendix A to this Code. Section 5. Section 8-574 of the St. Louis Park City Code is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 8-574. Application review and license issuance. (a) Upon receipt of the application and payment of any required license fee, City will determine if the application is complete within two (2) business days. An application will be considered complete if all required information is provided. If the City determines that the City council meeting of August 16, 2021 (Item No. 8a) Page 11 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code application is incomplete, the City must inform the applicant of the required, necessary information that is missing. If the application is complete, the City must order any investigation, including criminal background checks, necessary to verify the information provided with the application. Within fifteen (15) days of receiving a complete application the City will issue the license unless grounds exist for denying the license application under Sec. 8-575. (b) A license granted under this subdivision shall be valid for one year. (c) No license issued under this subdivision shall be transferred to any other person other than the person to whom the license was issued. Section 6. Section 8-575 of the St. Louis Park City Code is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 8-575. Denial of license (a) The following shall be grounds for denying a peddler or solicitor license: (1) The failure of an applicant to truthfully provide any information requested by the city as part of the application process. (2) The failure of an applicant to sign the license application. (3) The failure of an applicant to pay the required fee at the time of application. (4) A conviction with the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. (5) The revocation with the past five (5) years of any license issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. (6) Evidence of a bad business reputation of the applicant, or organization represented by the applicant, including, but not limited to, the existence of more than three (3) complaints against an applicant, or organization represented by the applicant, with the Better Business Bureau, the Office of the Minnesota Attorney General or other state attorney general, or other similar business or consumer rights office or agency, within the preceding twelve (12) months, or three (3) complaints filed with the city against an applicant, or organization represented by the applicant, within the preceding five (5) years. (7) Other good cause. (b) If the City denies the license application, the applicant must be notified in writing of the decision, the reason for denial and the applicant’s right to appeal the denial by requesting, within ten (10) days of receiving notice of denial, a hearing before the City Manager. The City Manager or designee shall hear the appeal within fifteen (15) days of the date of the request for a hearing. The decision of the City Manager or designee shall be final and binding on all parties concerned. City council meeting of August 16, 2021 (Item No. 8a) Page 12 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code Section 7. Section 8-578 of the St. Louis Park City Code is hereby amended by adding the underlined language and deleting the strike through language as follows: Sec. 8-578. Activities prohibited. No peddler, solicitor, canvasser, or transient merchant shall conduct business in any of the following manners: (1) Call attention to business or goods by crying out, blowing a horn, ringing a bell, or making any loud or unusual noise. (2) Furnish false information or failing to furnish information as required for registration under this subdivision. (3) Sell merchandise or services, or solicit funds, by means of statements which the person(4) Sell merchandise which is not of merchantable quality or is not fit for the purpose for which the seller knows or has reason to know the merchandise is being purchased. (5) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. (6) Conducting business in a way as to create a threat to the health, safety, or welfare of any specific individual or the general public. (7) Conducting business before 9:00 am or after 8:00 pm. (87) Failing to provide proof of license, registration or identification when requested. (98) Using the license or registration of another person. (109) Making false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the City solely based on the City having issued a license or registration to that person. (1110) Remaining on the property of another person after being requested to leave. (1211) Otherwise operating the business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive. Section 8. Section 8-579 of the St. Louis Park City Code is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 8-579. Entry upon premises unlawful. It shall be unlawful for any person while conducting the business of a peddler or solicitor to entered upon any premises in the City where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words “No Peddlers,” “No Solicitors,” or words of similar import. Section 9. The St. Louis Park City Code is hereby amended by adding Section 8-580 as follows: Sec. 8-580. Registration. City council meeting of August 16, 2021 (Item No. 8a) Page 13 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code (a) All solicitors shall be required to register with the City prior to engaging in those activities. Registration shall be made on the same form required for a license application, but no fee shall be required. Immediately upon completion of the registration form, the city clerk shall issue to the registrant a certificate of registration as proof of registration. Certificates of registration shall be non-transferable. (b) Individuals that will be engaged in door-to-door advocacy shall not be required to register. Section 10. This Ordinance shall take effect fifteen days after its passage and publication. Reviewed for administration: Adopted by the City Council September 20, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First Reading Aug. 16, 2021 Second Reading Sept. 20, 2021 Date of Publication Sept. 30, 2021 Date Ordinance takes effect Sept. 15, 2021 City council meeting of August 16, 2021 (Item No. 8a) Page 14 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code Ordinance No.____-21 City of St. Louis Park Hennepin County, Minnesota An ordinance amending St. Louis Park City Code Section 8.1 and adding Subdivision XV to Chapter 8, Article II, Division 3 to permit dogs on patios at food and beverage establishments The City of St. Louis Park does ordain: Section 1. Section 8.1 of the St. Louis Park City Code is hereby amended by adding the following definitions: Designated outdoor dog area means a specifically identified and defined designated outdoor area where dogs are allowed to accompany individuals. Other person in charge means the agent of the proprietor authorized to perform administrative direction to and general supervision of the activities within a public place at any given time. Designated outdoor area means any area utilized for food or beverage service and consumption located on the licensed premises of a food or liquor establishment but shall not include any "indoor area" as that term is defined in Minnesota Statute Section 144.413. Food and beverage service establishment means a building, structure, enclosure, or any part of a building, structure, or enclosure used as, maintained as, advertised as, or held out to be an operation that prepares, serves, or otherwise provides food or beverages, or both, for human consumption. Proprietor has the meaning specified by the Minnesota Clean Indoor Air Act Rules, Minnesota Rules, part 4620.0100, subpart 13, as amended from time to time. Section 2. Chapter 8 Business and Licenses, Article II Licenses, Division 3. Businesses is hereby amended by adding Subdivision XV as follows: Subdivision XV. Designated Outdoor Dog Areas Sec. 8-465. Authorized uses. Licensed food and beverage service establishments may apply for a license for a designated outdoor dog area. Sec. 8-466. License required. City council meeting of August 16, 2021 (Item No. 8a) Page 15 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code No person shall operate or maintain any designated outdoor dog area within the city without first obtaining a license from the city. (a) The application shall provide the following information on a form provided by the city: (1) The name, location, and mailing address of the establishment; (2) The name, mailing address, and telephone contact information of the applicant; (3) A detailed site plan depicting the designated outdoor dog area; and (4) A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor dog areas. (b) A license for a designated outdoor dog area issued pursuant to this chapter may not be transferred to a subsequent business owner but shall expire automatically upon the transfer of establishment ownership. (c) Requested changes to an approved designated outdoor dog area may be permitted provided a new application is submitted for review. Sec. 8-467-General requirements. (a) Minimum requirements. A designated outdoor dog area shall comply with the following requirements: (1) Employees must be prohibited from touching, petting, or otherwise handling dogs; (2) Employees and patrons must not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food/beverage service operations; (3) Patrons must keep their dogs on a leash at all times and must keep their dogs under reasonable control; (4) Dogs must not be allowed on chairs, tables, or other furnishings; (5) Dog waste must be cleaned immediately, disposed in a refuse container located outside the restaurant, and the area sanitized; (6) Doors between the restaurant and designated outdoor dog area must be solid exterior door with self-closing mechanism and may not be propped open; and (7) Dangerous and potentially dangerous dogs shall not be allowed. City council meeting of August 16, 2021 (Item No. 8a) Page 16 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code (b) Posting required. The requirements of section (a) above must be clearly printed on a sign or signs to be posted within the designated dog area in a manner and place that is conspicuous to employees and patrons. Additionally, a clearly printed sign shall be posted within the entry of the establishment that indicates where dogs are allowed on the premises. (c) Access. Dogs shall enter and exit the designated outdoor dog area directly from the outdoors without passing through any portion of the building not approved as a designated outdoor dog area. (d) Service animals. Nothing in this chapter shall be construed to limit: (1) The right of a person with disabilities to access places of public accommodation while accompanied by a service animal as provided in Minnesota Statute Sections 256C.02 and 363A.19; or (2) The lawful use of a service animal by a licensed peace officer. Section 3. This ordinance shall take effect fifteen days after its publication. Reviewed for administration: Adopted by the City Council September 20, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First Reading Aug. 16, 2021 Second Reading Sept. 20, 2021 Date of Publication Sept. 30, 2021 Date Ordinance takes effect Sept. 15, 2021 City council meeting of August 16, 2021 (Item No. 8a) Page 17 Title: First reading of various amendments to Chapter 6 and Chapter 8 of the City Code Ordinance No.____-21 City of St. Louis Park Hennepin County, Minnesota An ordinance amending the St. Louis Park City Code Appendix A – 2021 fee schedule Whereas, the City’s fee schedule for 2021 is set forth in St. Louis Park City Code Appendix A; and Whereas, the City desires to change the renewal period and fee for mechanical competency; and Whereas, the City desires to change the registration fee for solicitors; Now, therefore, the City of St. Louis Park does ordain: Section 1. The City of St. Louis Park City Code Appendix A – 2021 Fee Schedule Building & Energy Department Section is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Business Licenses Dogs on patios $50 Competency Exam Fees Mechanical per test $30 Renewal 31 year mechanical $3015 Solicitor/Peddler Registration $150 Lost ID Replacement fee $25 Solicitor Registration $0 Section. 3. This Ordinance shall take effect fifteen days after its passage and publication. Reviewed for administration: Adopted by the City Council September 20, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First Reading Aug. 16, 2021 Second Reading Sept. 20, 2021 Date of Publication Sept. 30, 2021 Date Ordinance takes effect Sept. 15, 2021 Meeting: City council Meeting date: August 16, 2021 Action agenda item: 8b Executive summary Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment Recommended action: Motion to adopt Resolution approving the amendment to the conditional use permit (CUP) at 2544 Highway 100. Policy consideration: Does the project meet the requirements for an amendment to a conditional use permit (CUP)? Summary: Wat Promwachirayan Temple requests an amendment to an existing conditional use permit (CUP) to allow a building addition and improvements to the existing building. The proposed building addition requires an amendment to the CUP. This project is not one of the future phases previously discussed with planning commission and city council and does not preclude those future phases which are still contemplated. The applicant held a neighborhood meeting on July 26, 2021 at the temple. Three people attended and no one in attendance opposed the application. Planning commission held a public hearing on Aug. 4, 2021. One person spoke and the commission voted 7-0 to recommend approval of the CUP amendment. 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 Resolution Resident email Project plans September 17, 2018 city council staff report Prepared by: Jacquelyn Kramer, associate planner Reviewed by: Sean Walther, planning manager Karen Barton, community development director Approved by: Cindy S. Walsh, interim city manager City council meeting of August 16, 2021 (Item No. 8b) Page 2 Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment Discussion Site information: Site area (acres): 3.85 Current use: religious assembly Surrounding land uses: North: multiple-family residence East: Highway 100 South: single-family residence West: single family residence Current 2040 land use guidance Current zoning CIV - civic R-1 single-family residence Floodplain Background: The building was constructed in 1968 as a church and was occupied by Wat Prom in 2017. Throughout this time the site operated as a religious institution without a CUP. On September 17, 2018 city council approved a conditional use permit to allow the existing religious institution use; a parking lot expansion; and export of more than 400 cubic yards of materials. At the time Wat Prom anticipated three phases of development: Phase 1 – parking lot and stormwater improvements beginning fall 2018. Phase 2 – construct new service hall in approximately 2028. Beth El Synagogue Benilde- St.Margaret’s Pavilion Vernan Avenue Utica Avenue 26th Street West 26th Street West Proposed addition Monk offices Meditation Hall City council meeting of August 16, 2021 (Item No. 8b) Page 3 Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment Phase 3 – construct new meditation hall in approximately 2038. The parking lot expansion was completed, but the reconstruction of the existing parking lot and some of the more significant stormwater improvements were able to be delayed until later phases proceed. Each future phase will need to meet code requirements existing at the time each phase is proposed to be constructed. Each phase will be processed as a major amendment to the conditional use permit, which will require a neighborhood meeting, public hearing before the planning commission, and action by the city council. To provide additional context and more details on these potential future phases, please visit the hyperlink to the September 17, 2018 city council staff report provided in the Executive Summary supporting documents of this report. Present considerations: The applicant requests an amendment to the conditional use permit to construct the following improvements: • Build an addition on the north side of the pavilion for food preparation and storage for festivals and special events. Wat Prom regularly sets up temporary tents in this area during festivals and special events. • Relocate an existing entrance and stair on the meditation hall. • Add a water service line connection to the public water main to serve a new fire suppression system to be installed in the existing building and proposed addition. • Renovate the interior of the existing building, including new accessible bathrooms and a new commercial kitchen. The proposed building addition requires an amendment to the CUP. This project is not one of the future phases previously discussed with planning commission and city council and does not preclude those future phases which are still contemplated. Meditation Hall Orientation Hall Service Hall City council meeting of August 16, 2021 (Item No. 8b) Page 4 Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment The building addition will meet the architectural design standards in the zoning code. As part of the project and in order to match the proposed architectural materials of the building addition, parts of the existing buildings will be repainted to match the colors of the addition. No changes to the parking lots, sidewalks, site access, landscaping, outdoor lighting or stormwater management are proposed as part of this project. The applicant plans to start construction in fall 2021 and complete the project by May 2022. Floodplain: According to Federal Emergency Management Agency (FEMA) flood hazard maps and thus the city zoning map, the property lies partially within the special flood hazard zone. In 2018, Wat Prom completed a Letter of Map Amendment (LOMA) process that demonstrated the property is not within the floodplain. Zoning analysis: The following is an analysis of the criteria considered for a conditional use permit for a place of worship. The property is zoned R-1 Single-Family Residence, and a Thai Buddhist Temple (Religious Institution) is allowed by conditional use permit with the following conditions: 1. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. All existing and proposed buildings exceed 30 feet from a lot line of a property located in an R district. This condition is met. 2. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. The existing parking lot provides an off-street passenger loading area. This condition is met. 3. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. No changes are proposed to outdoor recreation area. This condition is met. 4. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. The property has access to Utica Avenue, which is a service road for Highway 100. This condition is met. The project must also meet the following general requirements for conditional use permits. 1. Consistency with city plans. The use of this property as a place of worship is consistent with and supportive of principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan. The property is guided “Civic” which allows place of worship. 2. Nuisance. The project is not detrimental to the health, safety, morals and general welfare of the community as a whole. It will not have undue adverse impacts on the use and enjoyment of properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and values of properties in close proximity to the conditional use. The property has been used as a place of worship since it was constructed in 1968. 3. Compliance with code. The project is consistent with the regulations, intent and purpose of City Code and the zoning district in which the conditional use is located. 4. Consistency with service capacity. It will not have undue adverse impacts on governmental facilities, services or improvements which are either existing or proposed. Services will not be impacted by the building addition. City council meeting of August 16, 2021 (Item No. 8b) Page 5 Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment 5. Site design. The project plans are consistent with the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect or civil engineer registered in the state and adopted as part of the conditions imposed on the use by the city council. The site design meets the requirements for a place of worship. 6. Consistency with utilities. The project is consistent with all city stormwater, sanitary sewer, and water plans. Public outreach: On July 26, 2021 representatives from Wat Prom met with five neighbors, the ward city councilmember, and police, fire, and community development staff members to discuss parking and traffic issues around festivals and events site. This meeting was related to current conditions at the site rather than directly related to the current application. Meeting attendees agreed on installing temporary no parking signs near street corners during big events, with the option of implementing more measures in the future if necessary. The applicant held an on-site neighborhood meeting on July 27, 2021. Three members of the public attended in addition to the project team, representatives of the temple, city staff and Ward Councilmember Rog. No one at the meeting voiced opposition to the project. Attendees discussed the function of the addition, project financing, construction timeline and how this project relates to the larger future phases. All property owners within 350 feet of the property were mailed notices of the neighborhood meeting and the public hearing. A legal notice was published in the official newspaper regarding the public hearing. Project and meeting information was shared through city social media accounts and the city website. A “proposed development” sign with contact information was posted on the property. At the time of this report staff have received one email regarding the project which is attached for commissioners’ review. Planning commission: The planning commission held a public hearing on August 4, 2021, and one public comment was made regarding parking and traffic conditions during festivals and special events. The commissioners discussed current parking management strategies the temple is using to reduce on-street parking and traffic congestion during events. The planning commission recommended approval 7 to 0. Next steps: If the city council approves the CUP amendment, the applicant will apply for building permits with the intention of starting construction fall 2021. City council meeting of August 16, 2021 (Item No. 8b) Page 6 Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment Resolution No. 21-____ Amends and restates Resolution 18-142 Resolution approving an amendment to a conditional use permit for operation of a religious institution located at 2544 Highway 100 Whereas, Mark Snyder, Construction Results Corp, representing Wat Promwachirayan , applied for an amendment to a conditional use permit (Case No. 21-26-CUP) to make site improvements at 2544 Highway 100; the property is legal described as follows, to-wit: Par 1: That part of the South 336.2 feet, as measured along the West line thereof, of the Northwest Quarter of Section 31, Township 29, Range 24, lying Westerly of a line parallel to and 100 feet Westerly from the following described line: Beginning at a point on the North line of said Northwest Quarter, distant 1316.42 feet West from the Northeast corner thereof; thence Southwesterly at an angle of 78 degrees 57 minutes 13 seconds with said North line a distance of 801.9 feet; thence deflecting to the right on a 1 degree curve, delta angle 9 degrees 4 minutes, a distance of 906.7 feet; thence on a tangent to said curve a distance of 527.4 feet; thence deflecting to the left on a 1 degree 30 minute curve, radius 3819.83 feet, a distance of 700 feet and there terminating. Par 2: That part of the North Half of the vacated 26th St. dedicated in the plat of "American Security Investment Co's Oak Terrace" lying between the Northerly extensions across it of the East and West lines of Lot 14, Block 2, in said plat. Whereas, a conditional use permit was issued regarding the subject property pursuant to Resolution No. 18-142 of the St. Louis Park City Council which contained conditions applicable to said property. Whereas, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that conditional use permit. Whereas, it is the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. 18-142, to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; Whereas, the property is located in the R-1 Single Family Residence Zoning District, and religious institutions are allowed in this district by conditional use permit. Whereas, the property is guided “Civic” in the comprehensive plan, which allows religious institutions. Whereas, the property has been used continuously as a religious institution since 1968, and Wat Prom will continue to use it as such. City council meeting of August 16, 2021 (Item No. 8b) Page 7 Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment Whereas, the use of this property as a religious institution is consistent with and supportive of principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan. Whereas, the use and the proposed improvements are not detrimental to the health, safety, morals and general welfare of the community as a whole. They will not have undue adverse impacts on the use and enjoyment of properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and values of properties in close proximity to the conditional use. Whereas, the use and proposed improvements are consistent with the regulations, intent and purpose of city code and the zoning district in which the conditional use is located. The proposed plan with conditions of approval, will meet the conditions required for a religious institution facility and the proposed building and site improvements. Whereas, the use and proposed improvements will not have undue adverse impacts on governmental facilities, services or improvements which are either existing or proposed. Whereas, the site design for the place of worship is consistent with the design and other requirements of site and landscape plans adopted as part of the conditions imposed on the use by the city council. Whereas, the use and site design are consistent with the city’s stormwater, sanitary sewer, and water plans. On-site stormwater management improvements will be made as part of the site improvements. The existing utilities have capacity for the use. Whereas, the city council has determined that the conditional use permit amendment application meets the requirements for a religious institution in the R-1 district, including: 1. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. 2. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. 3. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. 4. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. Whereas, the contents of Case No. 21-26-CUP are hereby entered into and made part of the record of decision for this case. Conclusion Now therefore be it resolved that Resolution No. 18-142 is hereby restated and amended by this resolution which continues and amends a conditional use permit to the subject property and is accepted by the city council as being in accord and conformity with all ordinances, city plans and regulations of the City of St. Louis Park, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the city clerk and subject to the following conditions: City council meeting of August 16, 2021 (Item No. 8b) Page 8 Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment 1. The site shall be developed, used and maintained in conformance with the official exhibits. The official exhibits include: a. Exhibit A: C4.1 - Paving & Geometric Plan b. Exhibit B: C2.0 - Grading and Erosion Control Plan c. Exhibit C: L101 and L102 - Landscape Plan d. Exhibit D: C3.0 - Utility Plan e. Exhibit E: Photometric Plan f. Exhibit F: C1.0 - Demolition Plan g. Exhibit G: A100 and A110 - Floor Plan 2. Concrete curbing and landscaped parking lot islands shall be installed as shown on the approved exhibit. 3. Landscaping shall be installed as shown on the approved exhibit. 4. The westerly 9 parking spaces shall be removed from the plan, the proposed retaining wall shall move easterly, and additional landscaping and screening shall be provided between the parking lot and Vernon Avenue South. 5. All utilities shall be buried. 6. The following must be completed prior to issuance of a city permit: a. A financial guarantee shall be submitted to ensure the completion of the landscaping, sidewalk, retaining wall and erosion control. b. Tree replacement fees in the amount of $103,180. The amount may be revised to correspond with additional trees planted on-site or revisions to the tree replacement calculation. The revision to the fee and landscaping plan may be approved administratively by the city. c. A letter of map amendment shall be approved by FEMA. d. Assent form and official exhibits must be signed by property owner. 7. All required permits shall be obtained prior to starting construction, including but not limited to: a. NPDES grading/construction permit. b. City of St. Louis Park erosion control, right-of-way, and parking lot permits. c. Minnehaha Creek Watershed District stormwater management permit. 8. The applicant shall comply with the following conditions during construction: a. The site shall be kept free of dust and debris that could blow onto neighboring properties. b. Public streets shall be maintained free of dirt and shall be cleaned as necessary. c. The Zoning Administrator may impose additional reasonable conditions if it becomes necessary in order to mitigate the temporary impacts on surrounding properties during construction. d. All construction vehicles hauling equipment and materials to and from the site shall utilize Highway 100 and Utica Avenue South. Vernon Avenue South shall not be used. 9. In addition to 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 amended on August 16, 2021 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. City council meeting of August 16, 2021 (Item No. 8b) Page 9 Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment b. Before the city issues a building permit for the addition, the applicant must obtain a permit to install a fire suppression system in the existing building. c. All utilities shall be buried. d. Prior to starting any land disturbing activities, the following conditions shall be met: i. A preconstruction meeting shall be held with the appropriate development, construction, private utility and city representatives. ii. All necessary permits shall be obtained. iii. Final construction plans for all improvements shall be signed by a registered engineer and submitted to the city engineer for review and approval. e. 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. Temporary electric power connections shall not adversely impact surrounding neighborhood service. f. 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. g. The conditional use permit shall be revoked and cancelled if the building or structure for which the conditional use 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 Register of Titles as the case may be. Reviewed for administration: Adopted by the City Council August 16, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk 1 A Comment Regarding the Application for an Amendment to a Conditional Use Permit For the Property Located at 2544 Highway 100 South Seeking City Approval for a Building Addition, a New Kitchen, and Interior Improvements jkramer@stlouispark.org. July 27, 2021 Greetings, Jacquelyn Kramer: This writing was originally drafted as an Objection to the above-referenced Application for an Amendment to a “CUP.” That Objection has been paused as a result of a meeting that occurred yesterday, July 26, 2021 with Council Members Rog and Kraft, City staff, and representatives of Wat Thai of MN. That meeting discussed and tried to forge a plan to cure the traffic and parking problems cited below. This plan is gradual, starting first with temporary event signage concentrating on de-crowding the parking on intersection corners and educating event visitors about parking their vehicles across Highway 100 at the Beth El Synagogue parking lot. Possible future actions could entail the installation of permanent signage to limit street parking on one side of some public streets, or other undefined actions. This objection pause is based on hope that this plan actually works. Circumstances may change and this plan may not bear fruit. The following text is offered to guide the City staff and City Councils of the future in the event the traffic congestion and parking conditions persist. This is a request made to the St. Louis Park Planning Commission and City Council that the “Application For An Amendment to a Conditional Use Permit” made by Wat Promwachirayan Temple (Wat Thai of MN) be denied or delayed until the Applicant provides and implements a detailed Plan to address the excessive and unwanted traffic and the related parking space problems bearing on the streets and domiciles located on Utica, Vernon, and Webster Avenues located north of Minnetonka Blvd and south of the BN Railroad tracks, and 28th, 27th, 26th, and 25th½ Streets located west of Highway 100, and east of Xenwood Avenue (the “neighborhood”). The actual size of the impacted neighborhood is elastic, depending on the amount of traffic and needed parking space. The Plan must conform to both the traffic and parking conditions enjoyed by the neighborhood that prevailed prior to the time that Applicant acquired the Property cited above, and to all other single-family detached residential neighborhoods located within the City of St. Louis Park. Approving the Application, without taking curative measures, will bring in more traffic and intensify the problem. Judging by postings on Nextdoor, it seems that people from outside this defined neighborhood are unaffected by these congestion and parking conditions, and they don’t fully understand the problems within this neighborhood. I’m certain that they wouldn’t want to suffer these traffic and parking conditions in their neighborhoods. This neighborhood was platted and developed in stages over roughly ninety years. Many of the houses are situated on small lots with single car garages, or with no garage. Today, almost every household has two or more cars and the only place to park most of those cars is on the public streets. The extreme traffic from the Applicant’s reoccurring and frequent “festivals” crowds out and denies needed street and parking space for the neighborhood residents and can impair the timely arrival of urgently needed ambulances and firetrucks. Page 10 City council meeting of August 16, 2021 (Item No. 8b) Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment 2 Perhaps the Applicant didn’t realize how much the aged roadway infrastructure would limit their use of the site. The site suffers from terribly inadequate ingress, egress, and parking opportunities. Unfortunately, improving the infrastructure is not feasible. The Property’s former owner had food-related activities that were only incidental to their other church functions, and were not profit or revenue-related. In contrast, it seems the Applicant’s site use is more focused on fundraising and money-making by means of selling food and various kinds of merchandise. Other for-profit food and merchandise vendors have Commercial site locations and infrastructures more suitable to their purposes, as well as for their users or visitors. This writing elaborates a current and reoccurring problem and predicts that it will intensify unless curative measures are taken. It does not offer curative measures. It seeks help and direction from the Commission, the Council, and from others to find a cure so as to make this neighborhood whole, consistent with other residential neighborhoods in St. Louis Park. I want to make it clear that my concern is limited to undesirable traffic congestion and parking problems. I have no concern as it relates to Thai people, their culture or their beliefs, or that of the festival’s sponsors or their visitors. In fact, it is my opinion that the people who come to the festivals behave in an exemplary manner. They are joyful and respectful. They don’t litter. They are not loud. Many of them come as families with small children that would delight any observer, and they are welcome in our neighborhood. Respectfully, Dale Anderson 2700 Vernon Ave. South St. Louis Park, MN 55416 Page 11 City council meeting of August 16, 2021 (Item No. 8b) Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment LOCATION MAP SITE DATA SITE INFORMATION: FIRE PROTECTION The current building is not equipped with an automatic fire protection system. The building will be upgraded to provide a automatic fire protection system as part of this project. Current Land Use Guidance: CIV-Civic Current Use: Religious Institution Current Zoning:R-1 Single-Family Residence Surrounding Land Uses: North:Multiple-Family Residence East: Highway 100 South: Single-Family Residence West:Single-Family Residence Existing Building Area*11,986 SF Proposed Addition 2,106 SF TOTAL 14,092 SF * Includes existing to be remodeled area of 2, 280 sf Building Parking Required spaces Service Hall 136 Meditation Hall 13 Orientation Hall 26 Total 169 Proposed Parking spaces On-site 201 On-street 21 No change in parking proposed Total 222 Site Area 174694 SF (4 acres) PLUMBING FIXTURES TABLE 2902.1MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURESa (See Sections 2902.1.1 and 2902.2) No.CLASSIFICATION DESCRIPTION WATER CLOSETSk (URINALS SEE SECTION 424.2 OF THE INTERNATIONAL PLUMBING CODE) WATER CLOSETS LAVATORIES DRINKING FOUNTAINS OTHER Male Female Male Female Places of worship and other religious services 1 per 150 1 per 75 1 per 200 1 per 1,000 1 service sink TOTAL OCCUPANT LOAD 624 312 MALE 312 FEMALE REQUIRED 2 4 2 2 1 1 TOTAL REQUIRED 6 4 1 1 PROVIDED 12 11 1 1 © copyright 2021 James V. Dahlberg Architecture, PLLC SHEET NUMBER COMM. NO: ____________ DATE _________________ DRAWN BY ____________ CHECKED BY __________ I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA DATE: ______________ REG. NO. 16368 SIGNED _________________________________________ a r c h i t e c t u r e i n t e r i o r d e s i g n 3851 vandan road minnetonka, minnesota 612- 849-6699 55345 James V. Dahlberg Architecture, PLLC 21105 07/02/2021 JVD JVD WAT PROM TEMPLE ADDITION AND REMODELING 2544 HIGHWAY 100 SOUTH ST. LOUIS PARK, MN 55416 G100 TITLE SHEET WAT PROM ADDITION AND REMODELING INDEX OF DRAWINGS Sheet Number Sheet Name Sheet Issue Date Current Revision ARCHITECTURE G100 TITLE SHEET 07/02/2021 1 AD101 DEMOLITION PLANS 07/02/2021 A100 ARCHITECTURAL SITE PLAN 07/02/2021 A101E EXISTING FLOOR PLANS 07/02/2021 A101 OVERALL FLOOR PLANS PHASE I 07/02/2021 A102 ENLARGED PLANS 07/02/2021 A300 EXTERIOR ELEVATIONS PAVILION ADDITION 07/02/2021 1 A301 EXTERIOR ELEVATIONS REMODELING 07/02/2021 1 Area Schedule (Gross Building) EXIST/PROPOSED Area EXISTING 9706 SF EXISTING/REMODELED 2280 SF PROPOSED ADDITION 2106 SF Grand total 14092 SF Revision Schedule Number Revision Date Description 1 2021.07.21 CITY REVIEW COMMENTS 2021.07.02 1 1 City council meeting of August 16, 2021 (Item No. 8b) Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment Page 12 DN DN DN DN SERVICE ROADSTATE HIGHWAY 100UTILITY EASMENT TRAIL EASMENTUTILITY EASMENT EXISTING CONVENTION HALL EXISTING MEDITATION HALL EXISTING PARKING EXISTING PARKING PROPOSED PAVILION ADDITION 1,952 SF EXISTING PARKING 28 24 16 3 11 13 9 14 8 NEW ACCESS TO BUILDING MONK AREA ADDITION 154 SF NEW KITCHEN EXG STEPS REMOVED NEW PERVIOUS SURFACE 43 SF NEW CONC SIDEWALK 131 SF NEW IMPERVIOUS SURFACE NEW WINDOWS IN THIS WALL17' - 0"© copyright 2021 James V. Dahlberg Architecture, PLLC SHEET NUMBER COMM. NO: ____________ DATE _________________ DRAWN BY ____________ CHECKED BY __________ I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA DATE: ______________REG. NO. 16368 SIGNED _________________________________________ a r c h i t e c t u r e i n t e r i o r d e s i g n 3851 vandan road minnetonka, minnesota 612- 849-6699 55345 James V. Dahlberg Architecture, PLLC 21105 07/02/2021 JVD JVD WAT PROM TEMPLE ADDITION AND REMODELING 2544 HIGHWAY 100 SOUTH ST. LOUIS PARK, MN 55416 A100 ARCHITECTURAL SITE PLAN 1" = 30'-0"1 SITE PLAN PHASE I CITY SUBMITTAL 07.02.2021 Revision Schedule Number Revision Date Description REFER TO CIVIL ENGINEERING SRAWINGS FOR SITE DESIGN DATA 2021.07.02 City council meeting of August 16, 2021 (Item No. 8b) Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment Page 13 DN UPDN UP DN 1.3 1.4 1.51.6 E11 1.B1.C1.D1.E1.F1.G1.H 0' - 9"5' - 3"9' - 10 1/2"15' - 1 1/2"15' - 1 1/2"15' - 1 1/2"0' - 9" 57' - 2"58' - 0"1' - 0"15' - 10 3/16" EQ EQ EQ EQ EQ1' - 0"EA E6 E7 E8 E9 E10 5' - 7" 6' - 8 11/16"9' - 0"9' - 6 9/32" 15' - 7 3/4"0' - 8"EB EC ED EE EF EG EH 10' - 0" 10' - 0"10' - 0"10' - 0"10' - 0"10' - 0" E5E4E3E2E1 0' - 3"0' - 6"5' - 10 5/32"EQEQEQEQ5' - 9" 5' - 3" 0' - 7 13/16" 7' - 0"3' - 0"3' - 0"BELL TOWER MECHANICAL CHOIR HALLWAY A B C D 1 2 3 4 5 6 7 8 9 EF EG EH EJ E5E4E3E2E1 STAIR STORAGE ELECTRICAL EQUIPMENT HALLWAY MECHANICAL TOILET TOILET/ADA WORKROOM REHEARSAL TODDLERS CLASSROOM NURSERY LIBRARY CHOIR MECHANICAL LOBBY 1.11.2 1.3 1.4 E11 1.B1.C1.D1.E1.F1.G1.H EA E6 E7 E8 E9 E10 A B C D 1 2 3 4 5 6 7 8 9 EB EC ED EE EF EG EH EJ E5E4E3E2E1 BALCONY STAIRRECIEVING WOMEN MEN KITCHENHALLWAY VEST VEST MEDITATION HALL MONK OFFICE MONK OFFICE MONK OFFICE LOBBY © copyright 2021 James V. Dahlberg Architecture, PLLC SHEET NUMBER COMM. NO: ____________ DATE _________________ DRAWN BY ____________ CHECKED BY __________ I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA DATE: ______________ REG. NO. 16368 SIGNED _________________________________________ a r c h i t e c t u r e i n t e r i o r d e s i g n 3851 vandan road minnetonka, minnesota 612- 849-6699 55345 James V. Dahlberg Architecture, PLLC 21105 07/02/2021 JVD JVD WAT PROM TEMPLE ADDITION AND REMODELING 2544 HIGHWAY 100 SOUTH ST. LOUIS PARK, MN 55416 A101E EXISTING FLOOR PLANS 3/32" = 1'-0"1 LEVEL 1 CONVENTION HALL EXG 3/32" = 1'-0"2 LEVEL 1 MEDITATION HALL EXISTING 3/32" = 1'-0"3 LEVEL 2 FLOOR PLAN EXISTING CITY SUBMITTAL 07.02.2021 Revision Schedule Number Revision Date Description 2021.07.02 City council meeting of August 16, 2021 (Item No. 8b) Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment Page 14 DN UP WasherDryerDN DN DN DN DN WasherDryer1.4 1.5 1.6 E11 1.B1.C1.D1.E1.F1.G1.H A300 2 A3003 A300 1 EA E6 E7 E8 E9 E10 A3012 A B C D 1 2 3 4 5 6 7 8 9 EB EC ED EE EF EG EH EJ E5 A102 2 A102 4 A3011 CONVENTION HALL HALL ? CONVENTION LOBBY BELL TOWER EXITEXITEXITEXIT EXIT STORAGE STORAGE STAIR SLEEPING ROOM 2 LAUNDRY/ELECTRICAL UNISEX BATH/SHOWERHALLWAY MECH UNISEX TOILET-EXG UNISEX TOILET-EXG CHANGING ROOM CLASSROOM STORAGE LIBRARY SLEEPING ROOM 1 REHEARSAL MECHANICAL UNISEX TOILET-EXG EXIT NEW STEEL STAIR FROM LEVEL 2 WORK ROOMEXIT A103 3 A103 2 A103 1 LAWN AREA 30' - 3" 14' - 0" 15' - 0" 11' - 11" 1.4 1.51.6 E11 1.B1.C1.D1.E1.F1.G1.H A3003 A300 1 EA E6 E7 E8 E9 E10 A3012 A B C D 1 2 3 4 5 6 7 8 9 897' - 6" EB EC ED EE EF EG EH EJ E5E4E3E2E1 10' - 0"10' - 0"10' - 0" MONKS ADDN MEDITATION HALL ANTE ROOM EXG TOILET EXG TOILET RECIEVING AUDIO CONTROL KITCHEN MONKS MONKSSTAIR A102 1 A102 3 NEW CONC SIDEWALK NEW STEEL STAIR AND LANDING A3011 EXIT EXITEXITEXIT EXITA101 3 NEW STORAGE LEVEL ABOVE NEW DOOR GUARD RAIL AT RETAINING WALL 42" HIGH ABOVE GRADE EXTERIOR STAIR CONC SIDEWALK OPEN TO BELOW NEW WINDOW E11E6E7E8E9E10 A3012 EG STORAGE 6' - 4" +/-34' - 6" +/- NEW STAIR AND RAILINGS © copyright 2021 James V. Dahlberg Architecture, PLLC SHEET NUMBER COMM. NO: ____________ DATE _________________ DRAWN BY ____________ CHECKED BY __________ I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA DATE: ______________ REG. NO. 16368 SIGNED _________________________________________ a r c h i t e c t u r e i n t e r i o r d e s i g n 3851 vandan road minnetonka, minnesota 612- 849-6699 55345 James V. Dahlberg Architecture, PLLC 21105 07/02/2021 JVD JVD WAT PROM TEMPLE ADDITION AND REMODELING 2544 HIGHWAY 100 SOUTH ST. LOUIS PARK, MN 55416 A101 OVERALL FLOOR PLANS PHASE I ADDITION EXISTING 3/32" = 1'-0"1 LEVEL 1 OVERALL PLAN PHASE I 3/32" = 1'-0"2 LEVEL 2 OVERALL PLAN PHASE I 3/32" = 1'-0"3 NEW STORAGE MEZZANINE PHASE I CITY SUBMITTAL 07.02.2021 Revision Schedule Number Revision Date Description 2021.07.02 City council meeting of August 16, 2021 (Item No. 8b) Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment Page 15 CONVENTION HALL LEVEL 1 PHASE I 886' -2" STANDING SEAM METAL ROOF COLOR WALNUT BROWN COILING DOORS COLOR WALNUT BROWN EXG WD SIDING EXTERIOR STUCCO WALL FINISH COLOR WHITE ACCENT COLOR STUCCO FINISH COLOR WALNUT BROWN EXISTING BUILDING PREFINISHED METAL LOUVERS COLOR WALNUT BROWN RETRACTABLE/REMOVABLE VINYLIZED CANVAS AWNINGS EXISTING CIP WALL PAINTED WHITE HOLLOW METAL DOOR COLOR WALNUT BROWN CLASS I MATERIALS-STUCCO 200 SF 75% CLASS II MATERIAL, PREFIN METAL 67 SF 25% TOTAL WALL AREA 267 SF CONVENTION HALL LEVEL 1 PHASE I 886' -2" TOP OF EXG BUILDING 915' -6" STANDING SEAM METAL ROOF COLOR WALNUT BROWN COILING DOORS METAL FABRIC SCREEN PANELS COLOR WALNUT BROWN EXG WD SIDING EXTERIOR STUCCO FINISH ACCENT COLOR STUCCO PANEL COLOR WALNUT BROWN 8' - 0"GUTTER AND DOWNSPOUTS EXTERIOR STUCCO FINISH COLOR WHITE 14' - 0" CLASS I WALL MATERIALS STUCCO 272 SF 78% CLASS II WALL MATERIALS, FABRIC SCREEN 76 SF 22% TOTAL WALL AREA 348 SF RETRACTABLE/REMOVABLE VINYLIZED CANVAS AWNINGS CONVENTION HALL LEVEL 1 PHASE I 886' -2" TOP OF EXG BUILDING 915' -6" PROPOSED ADDITION STANDING SEAM METAL ROOF COLOR WALNUT BROWN COILING DOORS EXG VERTICAL WOOD SIDING NEW EXTERIOR STUCCO FINISH COLOR WHITEEXISTING SIGN ON NORTH ELEVATION RELOCATED TO THIS WALL PREFINISHED METAL LOUVERS COLOR WALNUT BROWN ACCENT COLOR STUCCO FINISH COLOR WALNUT BROWN RETRACTABLE/REMOVABLE VINYLIZED CANVAS AWNINGS GUTTER AND DOWNSPOUT TO MATCH ROOF ACCENT COLOR STUCCO FINISH COLOR WALNUT BROWN 21' - 11"CLASS I MATERIALS STUCCO 290 SF 77% CLASS II MATERIALS PREFIN METAL 85 SF 23% TOTAL WALL AREA 375 SF ACCENT COLOR STUCCO FINISH © copyright 2021 James V. Dahlberg Architecture, PLLC SHEET NUMBER COMM. NO: ____________ DATE _________________ DRAWN BY ____________ CHECKED BY __________ I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA DATE: ______________REG. NO. 16368 SIGNED _________________________________________ a r c h i t e c t u r e i n t e r i o r d e s i g n 3851 vandan road minnetonka, minnesota 612- 849-6699 55345 James V. Dahlberg Architecture, PLLC 21105 07/02/2021 JVD JVD WAT PROM TEMPLE ADDITION AND REMODELING 2544 HIGHWAY 100 SOUTH ST. LOUIS PARK, MN 55416 A300 EXTERIOR ELEVATIONS PAVILION ADDITION 3/16" = 1'-0"1 WEST ELEVATION PAVILION 3/16" = 1'-0"2 NORTH ELEVATION PAVILION 3/16" = 1'-0"3 EAST ELEVATION PAVILION Revision Schedule Number Revision Date Description 1 2021.07.21 CITY REVIEW COMMENTS 2021.07.02 1 1 1 1 1 1 City council meeting of August 16, 2021 (Item No. 8b) Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment Page 16 LEVEL 2 897' -6" MONK ROOF 907' -6" NEW INFILL WALL TO MATCH EXG NEW WINDOWS TO MATCH EXG MET FLASHING/FASCIA TO MATCH EXG NEW WINDOWS TO MATCH EXISTING GRADE LOWERS IN THIS AREA AND EXISTING WALL TO BE REFINISHES TO MATCH EXISTING INFILL ADDITION 14' - 0" EXG PANELS TO BE PAINTED WALNUT BROWN, TYP LEVEL 2 897' -6" BOT CONC VAULTS 912' -6" NEW STAIR LANDING 890' -0" NEW STORAGE LEVEL 902' -9 3/4" NEW STL CANOPY NEW SIDE LIGHT TO MATCH EXG NEW DOORS STEEL STAIR LANDING NEW STEEL STAIR AND RAILINGS © copyright 2021 James V. Dahlberg Architecture, PLLC SHEET NUMBER COMM. NO: ____________ DATE _________________ DRAWN BY ____________ CHECKED BY __________ I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA DATE: ______________ REG. NO. 16368 SIGNED _________________________________________ a r c h i t e c t u r e i n t e r i o r d e s i g n 3851 vandan road minnetonka, minnesota 612- 849-6699 55345 James V. Dahlberg Architecture, PLLC 21105 07/02/2021 JVD JVD WAT PROM TEMPLE ADDITION AND REMODELING 2544 HIGHWAY 100 SOUTH ST. LOUIS PARK, MN 55416 A301 EXTERIOR ELEVATIONS REMODELING 1/4" = 1'-0"1 MONK ADDITION EAST ELEVATION 1/4" = 1'-0"2 EAST ELEVATION NEW BUILDING ACCESS Revision Schedule Number Revision Date Description 1 2021.07.21 CITY REVIEW COMMENTS 2021.07.02 1 City council meeting of August 16, 2021 (Item No. 8b) Title: Wat Promwachirayan (Wat Prom) conditional use permit amendment Page 17 Meeting: City council Meeting date: August 16, 2021 Action agenda item: 8c Executive summary Title: First reading of ordinance pertaining to building readiness Recommended action: Motion to approve the first reading of ordinance amending chapters 6, 8, and 14 pertaining to building readiness for broadband, parking area safety, and public safety radio communications amplification and set second reading for Aug. 23, 2021. Policy consideration: Does the council wish to amend the ordinance pertaining to building readiness for broadband, parking area safety, and public safety radio communications amplification? Summary: City staff proposes to amend the regulations pertaining to building readiness in the following manner: •Require conduit between subject buildings and the public right-of-way for future high- speed broadband providers. •Ensure network cabling within buildings to all dwelling and working units, capable of minimum 1 gigabit symmetrical speeds. •Establish minimum lighting levels in new enclosed or multi-level parking garages. •In these same garages, require surveillance cameras, video recording, signage, and emergency call stations. •Provide the opportunity for law enforcement to request access to video recordings when warranted by an incident or investigation. •Require equipment to provide adequate public safety radio coverage in buildings that present a challenge due to structural features such as building material, basements, or other obstacles. Background: In May of 2015, council began consideration of broadband readiness for new developments and significant redevelopments in St. Louis Park. That was part of a council exercise in developing its 2015 – 2025 goals and priorities. While concepts for broadband readiness were being developed, the scope of the effort grew to include general building readiness by adding components on parking area safety, 800 MHz radio amplification, solid waste, and electric vehicle (EV) charging stations. The last two items have been separately codified in recent years, while the other three items remain. The most recent report to council on this was July 26, 2021. For that meeting, a number of council questions were addressed, thus moving this item forward to tonight’s meeting. Financial or budget considerations: None. Strategic priority consideration: Multiple. Supporting documents: Discussion Ordinance July 26, 2021 city council report Prepared by: Clint Pires, chief information officer Reviewed by: Mike Harcey, police chief; Steve Koering, fire chief; Brian Hoffman, director of building and energy; Sean Walther, planning and zoning supervisor Approved by: Cindy S. Walsh, interim city manager City council meeting of August 16, 2021 (Item No. 8c) Page 2 Title: First reading of ordinance pertaining to building readiness Discussion Background: Over time, city council has been consistent in its desire to consider leading the way in various aspects of community development. The efforts discussed here support that direction in a variety of ways. Presented below is brief summary of the various proposed ordinances. The final section of this report includes proposed ordinance changes or additions that provide specifics. These proposed ordinances actually touch on parts of multiple current council strategic priority considerations and past discussions. The mechanism envisioned to realize the priorities and goals is the city ordinance process, yet also driven at a higher level by council policy direction on the climate action plan and racial equity, as will be discussed. Broadband readiness: The goal of this ordinance is to ensure new and expanding commercial and multi-family housing buildings are ready for future high-speed broadband services. Further, it is intended to facilitate additional competition and choice for tenants of these facilities. It does this by requiring conduit between subject buildings and the public right-of-way and internal cabling within the building to all dwelling and working units. As a way to pilot test viability of these requirements, staff has experimented with inclusion of similar broadband related readiness requirements in several new private developments, via negotiation instead of ordinance requirements. Those negotiations proved successful in acceptance of those requirements in all cases where they were introduced. Example developments include: West End (2008), Shoreham, DLC Residential, Marriott AC, Arlington Row, 4900 Excelsior, Parkway 25, Elan, 10 West, and The Elmwood. Others are in process. These requirements are being funded by building owners. There have been almost no questions related to these requirements. In fact, anecdotal evidence from conversations with owners suggests these requirements are very aligned with what is increasingly being demanded in the market. This has been one of the hopes of all these building readiness requirements: that they not create an onerous financial or other situation for developers, owners, and managers. This proposed ordinance addresses the climate action plan in that greater availability and competition in the broadband industry creates the opportunity for more people to work from home, thereby reducing or shifting traffic volumes. Racial equity is served when this ordinance is combined with incentives for willing providers to offer alternative high-speed broadband services. An example of this is Era on Excelsior, which installed a conduit to the public right-of- way as part of its remodeling. Subsequently, a new provider started offering fiber-to-the-home service in 2017. Parking ramp and garage safety: The goal of this ordinance is to provide an additional measure of safety in most new enclosed or multi-level parking garages built after Jan. 1, 2022. This is accomplished though establishing minimum lighting levels, required surveillance cameras, video recording, signage, and emergency call stations. It also includes the opportunity for law enforcement to request access to video recordings when warranted by an incident or investigation. Costs for this equipment are the responsibility of owners. Similar to broadband readiness, the market seems to be driving inclusion of these parking ramp and safety features already. That said, some developers have raised concerns with the number of cameras required and the idea that emergency call stations may be a bit outdated when so many people now City council meeting of August 16, 2021 (Item No. 8c) Page 3 Title: First reading of ordinance pertaining to building readiness carry mobile phones. It is also true that cellular reception varies and can be especially problematic in lower and enclosed garages. The example used below – The Luxe – is such an example with two levels of underground parking. Public safety radio coverage: The goal of this ordinance is to provide adequate public safety radio coverage in buildings that present a challenge due to structural features such as building material, basements, or other obstacles. This would allow police and fire personnel to more clearly communicate with each other and dispatch. This is accomplished through identifying existing buildings with a coverage issue for the public safety 800 MHz system, then working with those building owners to install amplification equipment to fill in the coverage gaps, at the owners’ cost. For new buildings, any anticipated coverage issues would be addressed during the plan review process, and any needed equipment would be installed and paid for by the owner. One of the major financial impacts to building owners can be the cost of amplification equipment. The cost ranges significantly and depends on many factors. Short term, staff would work with owners on costs. In the longer term, one incentive staff is considering bringing to council is a multi-year assessment program, much like exists for commercial sprinkler systems. However, it must be noted that any such program depends on enabling legislation from the state. A second incentive that other jurisdictions have used is to converge amplification equipment for 800 MHz radio systems simultaneously with amplification for commercial cellular and wi-fi services in multi-tenant structures. This can create added value in an economical fashion for owners and tenants these services would benefit. Both of these incentives are also intended to ease the cost burden for building owners. Present conditions: On April 29, 2021, a public input meeting was held. Two people attended. One was John Kohler, Vice President of Development and Construction at Paster Properties, and the other was Sheldon Berg, Principal and CFO of DJR Architecture. In general, neither attendee raised any major concerns with the proposed ordinances. They did raise questions about the: •ability to meet lighting standards with current technology •different lighting levels in various parts of parking facilities •interaction between lighting and cameras •variable and improving camera resolution •garage threshold definitions •building licensing •plan review process relative to requirements Staff was able to address these questions. Staff in attendance included Chiefs Harcey and Koering, Director of Building & Energy Brian Hoffman, Assistant Fire Chief Cary Smith, Associate Planner Jacquelyn Kramer, and CIO Clint Pires. As noted above, staff wanted to work with developers in a trial phase to test the viability (including economic) of meeting these requirements. In none of the many cases was cost raised as a factor for them. That said, these developments did receive some form of assistance from the city (e.g., TIF, PUD). The proposed ordinance would require all developments (regardless of assistance) to meet these requirements. As a result, staff researched costs to do so by engaging a contractor to provide estimates for certain additional elements. Elements such as parking area lighting are already required in some form, and so are not included below. Neither is City council meeting of August 16, 2021 (Item No. 8c) Page 4 Title: First reading of ordinance pertaining to building readiness cabling to each unit, as that is now standard. The contractor was provided plans for The Luxe development to use as an example. Note that The Luxe is designed with two levels of underground parking when reviewing costs below. Camera/emergency call station cabling, conduit for future broadband providers, permits: $17,000 Parking area cameras: $28,000 Parking area emergency call stations: $36,000 Public safety radio amplification: can range up to $25,000, depending on the nature of the structure and other factors In speaking with developers, several of these items are already installed as a matter of meeting market demand, and thus any incremental cost appears to be minimal. Next steps: The goal is to have council approve first reading of ordinance amendments at this meeting, with second reading occurring at its Aug. 23, 2021 meeting. Ordinance amendments that are approved would take effect on Jan. 1, 2022. City council meeting of August 16, 2021 (Item No. 8c) Page 5 Title: First reading of ordinance pertaining to building readiness Ordinance No. ____-21 City of St. Louis Park Hennepin County, Minnesota Ordinance amending St. Louis Park City Code Chapters 6, 8 and 14 related to building readiness The City of St. Louis Park does ordain: Section 1. Section 6-1 of the St. Louis Park City Code is hereby amended by adding underlined language. Conduit means a conduit (e.g., HDPE) system capable of housing and protecting fiber optic cable between a handhole and telecommunications point of presence. Conduit can be installed via open trench, plowing, or directional drilling. Commercial unit means any individually owned or rented tenant space in a building, or portion of a building, subject to the requirements of the building and fire codes approved for an occupancy use other than residential occupancy. Future high-speed broadband service means offering a minimum one gigabit connection capable service, in addition to any service provided by the incumbent and dominant (largest market share in St. Louis Park, Minnesota) cable television and wireline telephone providers. Gigabit connection means a connection using a transmission technology based on the Ethernet frame format and protocol used in local area networks (LANs), and which provides a symmetrical (download and upload) data rate of 1 billion bits per second. Handhole means a shallow form of manhole giving access to a top row of ducts in an underground telecommunications system. Innerduct is smaller conduit (or tube) used to subdivide large ducts for the placement of optical fiber cables in the underground conduit system. Telecommunications point of presence (POP) means the point at which two or more different networks or communication devices build a connection with each other. POP mainly refers to an access point, location or facility that connects to and helps other devices establish a connection with the public telephone system, cable television system, and/or Internet. Wiring closet means a wiring rack that connects outside lines with internal lines. It is used to connect public or private lines coming into the building to internal networks and to dwelling units and commercial units. City council meeting of August 16, 2021 (Item No. 8c) Page 6 Title: First reading of ordinance pertaining to building readiness Section 2. Chapter 6 of the St. Louis Park City Code is hereby amended by adding Article IX. Article IX. Broadband Readiness Sec. 6-240 – Purpose. The purpose of this section is to implement the City Council goal of making St. Louis Park a technology connected community and increase competition and consumer choice for broadband services. This section requires new construction and substantially expanded buildings to prepare for communication technology by requiring minimum improvements to accommodate the technology as it becomes available. Sec. 6-241 – Applicable Buildings. (a) New buildings. (b) Existing buildings which expand the gross square footage of the building by more than 50 percent. Sec. 6-242 – Exempt Buildings. (a) Accessory buildings. (b) Single-family dwellings. (c) Two-family dwellings. Sec. 6-243 – General Requirements. (a) New buildings shall complete items 1 - 3 below. (1) Applicable buildings shall have dedicated copper twisted pair wire, fiber optic, coaxial cable, or other wired installations capable of supporting at least gigabit connections to each dwelling and commercial unit from each building’s telecommunications point of presence to each internal wiring closet that may exist. (2) Each dwelling and commercial unit shall have a minimum of two (2) dedicated copper twisted pair wire, fiber optic, coaxial cable, or other wired connections from the unit to the telecommunications point of presence (often through a wiring closet), each capable of supporting a minimum of one gigabit connection. (3) For each building required to serve dwelling and commercial units as described in this section, one 4-inch (or larger) conduit, suitable and used exclusively to accommodate one or more future high-speed broadband services, shall be installed underground starting in a 2-foot by 3-foot (or larger) handhole at a City council meeting of August 16, 2021 (Item No. 8c) Page 7 Title: First reading of ordinance pertaining to building readiness point on the building property abutting public right-of-way, to a point in the building’s telecommunications point of presence. Said 4-inch (or larger) conduit shall be capped on both ends so as to protect it until used to support a future high-speed broadband service. Each cable installed in this conduit shall be enclosed in innerduct. Sec. 6-244 – Testing and Certification Requirements. In copper twisted pair wire, fiber optic, coaxial cable, or other wired installations, certification is achieved through a thorough series of cabling tests in accordance with Telecommunications Industry Association (TIA) or International Organization for Standardization (ISO) standards. A copy of said industry standard cabling tests and certifications that meets the requirements of Section 6-243 is to be paid for and provided by the building permit holder to the City of St. Louis Park before a Certificate of Occupancy is issued. Sec. 6-245 – Effective Date. All provisions of this Article shall be required for applicable buildings permitted for construction on or after January 1, 2022. Section 3. Section 8-1 of the St. Louis Park City Code is hereby amended by adding underlined language. Video Surveillance System means a continuous video surveillance system including cameras, cabling, and digital video recording from all cameras. Section 4. Section 8-399 of the St. Louis Park City Code is hereby amending by adding Sec. 8-399. Inspections. (a)Enclosed parking facilities. The vehicle parking facility licensee must provide access to enclosed parking facilities throughout the year as requested by the city to perform air quality and ventilation equipment inspections, and to verify other requirements of this section. (b)Multilevel parking facilities. Multilevel parking facilities must be inspected annually by a qualified civil or structural engineer who is registered and licensed by the state. The engineer must provide evidence of experience in the field of structural or civil engineering. The licensee must provide access to the facility as requested by the city to verify compliance with the requirements of this section. (c)Exception. Multilevel parking facilities less than five years old are exempt from the engineer inspection and reporting requirements set forth in this section. (Ord. No. 2181-00, § 4(16-312D.), 11-6-2000) City council meeting of August 16, 2021 (Item No. 8c) Page 8 Title: First reading of ordinance pertaining to building readiness Section 5. Section 8-403 of the St. Louis Park City Code is hereby amending by adding underlined language. Sec. 8-403. Security requirements. All enclosed parking facilities and multi-level parking facilities permitted for construction on or after January 1, 2022 shall meet the following requirements to enhance public safety and deter crimes before issuance of a license. (a) Lighting. 1. Fully enclosed parking garages shall have lighting fixtures provided and maintained that provide a minimum average of 5.0 footcandles of illumination measured at 48” above the floor throughout the entire parking area, stairways, and exits to avoid dark or hidden areas and for the Video Surveillance System to effectively function at all times. 2. Multi-level parking structures shall have lighting fixtures provided and maintained that comply with zoning code section 36-361(l)(8). (b) Video surveillance system. 1. Cameras shall be located to provide complete coverage of the entire parking facility. Including entrances to stairs and elevators. 2. Cameras shall have sufficient resolution to capture license plates of vehicles entering and exiting the facility. 3. Cameras shall be equipped to automatically compensate for changing light conditions to maintain required resolution. 4. Images from the Video Surveillance System shall be recorded and retained for a minimum of 72 hours. The Police Department may either request copies of the recordings or obtain a search warrant or an administrative search warrant in order to collect the recordings. (c) Emergency Call Station. All licensed parking facilities shall have a minimum of one Emergency Call Station installed in a visible location on every level of parking. The Emergency Call Station must initiate a light and sound alarm and provide communication to a 24-hour monitored location. (d) Signage. All multilevel and enclosed parking facilities shall have clearly visible signage near all structure entrances and exits stating that the facility is under video surveillance. Secs. 8-404--8-420. Reserved. City council meeting of August 16, 2021 (Item No. 8c) Page 9 Title: First reading of ordinance pertaining to building readiness Section 6. Chapter 14 of the St. Louis Park City Code is hereby amending by adding Article VII, Sections 14-200, 14-201, 14-202, 14-203, and 14-204 ARTICLE VII - PUBLIC SAFETY 800 MHZ RADIO BUILDING COVERAGE Sec. 14-200. - Adequate radio coverage. Except as provided in section 14-201, no person shall construct any building, construct an addition to any building that increases the gross floor area of the building by more than 20 percent, change the occupancy classification of more than 50 percent of the floor area of any building or cause the same to be done to a building, if such building fails to support adequate radio coverage for the Minnesota Regional Radio Communications System, including but not limited to firefighters and police officers. For the purposes of this article, parking garages, parking ramps, stair shafts, elevators and stairwells are included in the definition of the term "building." For purposes of this article, adequate radio coverage shall be an average received field strength of no less than 93 dBm, or one percent BER, measured at 30 to 36 inches above the floor over 90 percent of the area of each floor including the basement in the building and other critical areas determined by the fire chief or the fire chief's designee such as fire command centers, stairwells, elevators, high hazard areas, basements and parking garages and ramps. Without an in-building radio system, only the received signal level standard must be achieved, as the talk-out path is equivalent to the talk-in path in this regional radio system. Sec. 14-201. - Exempt buildings. The requirements of section 14-200 shall not apply to: (1)Any single-family or duplex dwelling unit or accessory building. (2)Any building of less than 25,000 square feet in gross floor area. (3)Any building constructed of wood frame; provided that such building does not contain any metal construction or any below grade levels or below grade parking areas. Sec. 14-202. - Amplification systems allowed. Buildings required by section 14-200 to support adequate radio coverage which cannot support the required level of radio coverage required by section 14-200 shall be equipped with approved bi-directional 800 MHz signal enhancement systems as needed. If amplification is used in the system, all required FCC authorizations must be obtained by the building owner prior to the use of the system. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a continuous period of at least 12 hours without external power input. The battery system shall automatically charge in the presence of an external power input. City council meeting of August 16, 2021 (Item No. 8c) Page 10 Title: First reading of ordinance pertaining to building readiness Sec. 14-203. - Testing procedures. The following testing procedures shall apply to each building or structure required by section 14-200 to support adequate radio coverage: (a)Acceptance test procedure. Prior to the issuance of a certificate of occupancy, the owner of the building shall arrange for testing conducted by individuals acceptable to the fire chief to ensure the building conforms with the requirements of section 14-200. Testing procedures shall conform to practices adopted and on-file with the building official. (b)Annual tests. When an in-building radio system is required to support the required level of radio coverage, the owner of the building shall arrange for testing conducted by individuals acceptable to the fire chief of all active components of the system, including but not limited to amplifiers, power supplies and backup batteries, a minimum of once every 12 months. Amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. Backup batteries and power supplies shall be tested under load for a period of one hour to verify that they will properly operate during an actual power outage. If within the one-hour test period, in the opinion of the testing technician, the battery exhibits symptoms of failure, the test shall be extended for additional one-hour periods until the testing technician confirms the integrity of the battery. All other active components shall be checked to determine that they are operating within the manufacturer's specifications for the intended purpose. All deficiencies found shall be corrected and testing repeated. All test results shall be submitted to the fire chief within 30 days of the test date. (c)Five-year tests. When an in-building radio system is required to support the required level of radio coverage in addition to the annual test, the building owner shall arrange for testing conducted by individuals acceptable to the fire chief to perform a radio coverage test a minimum of once every five years to ensure that the radio system continues to meet the requirements of the original acceptance test. A radio test shall also be performed whenever there is a change in or to the building that may have an impact on coverage. Examples of the types of changes that may change radio coverage are interior remodeling that adds and/or changes partitions, removal of windows, and the addition of metalized treatment to window surfaces. The procedure described by practices adopted by the city shall be used for these tests. All test results shall be submitted to the fire chief within 30 days of the test date. (d)Field testing. Fire and police personnel, after providing reasonable notice to the owner or the owner's representative, shall have the right to enter onto the property to conduct testing to be certain that the required level of radio coverage is present. Sec. 14-204. – Effective Date. All provisions of this Article shall be required for applicable buildings permitted for construction on or after January 1, 2022 to enhance public safety. City council meeting of August 16, 2021 (Item No. 8c) Page 11 Title: First reading of ordinance pertaining to building readiness Section 7. This ordinance shall take effect January 1, 2022. Adopted this _____ day of _______, 2021 by the city council of the City of St. Louis Park. Reviewed for administration: Adopted by the city council August 23, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First Reading August 16, 2021 Second Reading August 23, 2021 Date of Publication September 9, 2021 Date Ordinance takes effect January 1, 2022