HomeMy WebLinkAbout2022/01/10 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA
JAN. 10, 2022
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 in person or watch via 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.
6:00 p.m. STUDY SESSION – council chambers
Discussion items
1. 60 min. 2022 legislative priorities
2. 30 min. COVID-19 update
5 min. Communications/updates (verbal)
Written reports
3. November 2021 monthly financial report
4 Public art update
5. Application for tax increment financing assistance – 9920 Wayzata Boulevard
The agenda is posted on Fridays on the official city bulletin board in the lobby of city hall and on the text display on
civic TV cable channel 17. The agenda and full packet are available 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: Study session
Meeting date: January 10, 2022
Discussion item : 1
Executive summary
Title: 2022 legislative priorities
Recommended action: None at this time. The purpose of this report is to provide the council
with the final legislative positions and priorities for the 2022 legislative session.
Policy consideration: Are the 2022 legislative positions and priorities as prepared acceptable?
Summary: The state legislature will reconvene the 92nd session on Monday, Jan. 31, 2022. Staff
has prepared a list of legislative priorities for the council at their direction. As the 2022 legislative
session progresses, additional issues may arise that can be addressed as necessary.
Attached to this report is the full list of priorities and related positions. Special notes mark an
advanced state energy code (p.5), small business assistance during COVID-19 (p.8), and race data
collected on Minnesota driver’s licenses and state identification (p.17) as high priority issues.
During this study session, the council will meet with Representative Cheryl Youakim,
Representative Ryan Winkler, and Hennepin County Commissioner Marion Greene to discuss
these priorities. Senator Ron Latz is unable to attend this meeting but has prepared a short
statement (attached) and is prepared to work with the council during the session based on
these priorities. Typically, a representative from the Metropolitan Council would also be
present, however, the district six representative that would typically represent the city is
currently vacant and in the process of being filled. Once a person is selected for that role by
Governor Tim Walz they will be informed of our priorities and positions.
Financial or budget considerations: Funding for lobbyists is included in the budget.
Strategic priority consideration: The legislative priorities were generated and reviewed with
consideration of all five strategic priorities for the city.
Supporting documents: Discussion
2022 legislative positions
Written statement from Sen. Latz
Prepared by: Michael Sund, elections specialist
Reviewed by: Melissa Kennedy, city clerk
Approved by: Kim Keller, city manager
Study session meeting of January 10, 2022 (Item No. 1) Page 2
Title: 2022 legislative priorities
Discussion
Background: In the council study session meeting on Nov. 8, council members requeste d that
staff revi ew two f ed eral policies and corresponding state legislative efforts for inclusion in the
2022 legislative p riorities d ocument. Those p olicies w ere in support of the Medicare for All Act
and the National Popular V ote Interstate Compact. In addition, Council Member Rog requested
that a resolution of support be adopted by the council in support of the Medicare for All Act.
Staff reviewe d both policies for consideration as they relate to the City of St. Louis Park. A
process for the adoption of policies of this kind was discussed at that meeting and determined
to be a necessary component for inclusion in the city’s legislative priorit ies or to be the subject
of adoption in the form of a resolution of support. At the direction of the council, staff reviewed
both policies f or inclusion in the 2022 Legislative P rioriti es but has not had the opportunity yet
to present them to council. This will occur in future study sessions and, if approved, included in
the legislative prioriti es.
Additional Resources
League of Minnesota Cities:
Legislative policies
Policy committees
Metro Cities:
Legislative policies
Policy committees
City of St. Louis Park
2022 Legislative Priorities
Climate, Energy , and Buildings
Primary contact Brian Hoffman – Email: bhoffman@stlouispark.org / Phone: (952) 924-2584
The City of St. Louis Park supports innovative strategies in the pursuit of a more sustainable
climate worldwide , including the adoption of near-term emission reduction targets as described
in the city’s Climate Action Plan.
Issue Position Page #
Advanced state
energy code
Support adopting advanced state energy codes and/or allowing for
local adoption of more efficient building standards.
**This is a high priority issue for the city**
7
Climate action plan Support the statewide adoption of similar goals to those in the
St. Louis Park Climate Action Plan.
7
Construction codes Oppose legislation that would reduce the current minimum
building and energy code standards or limit future adoptions of
improved energy conservation standards.
8
Fee-for-service
programs
Support maintaining minimum standards for building safety,
longevity, and energy conservation, and allow local governments to
continue with fee -for-service permitting and inspection.
8
Residential fire
sprinklers
Oppose efforts that prohibit future adoption of residential fire
sprinkler codes.
8
Urban forest
management
Support an ongoing grant program with at least $5 million per year
that is usable for issues related to Emerald Ash Borer and urban
forest management.
9
Economic Development
Primary contact Kare n Barton – Email: kbarton@stlouispark.org / Phone: (952) 924-2684
The City of St. Louis Park supports a thriving local economy of small and large businesses and
strives to create a place where people can live, work , and play.
Issue Position Page #
DEED program
funding
Support the continued annual funding of DEED programs at
stable, sustainable, or increased levels.
10
Small business
assistance during
COVID
Support financial relief programs particularly including assistance
for women and BIPOC-owned businesses.
**This is a high priority issue for the city**
10
Special Service
Districts
Support including multi-family housing in Special Service Districts
and Special Service Districts around transit and LRT stations.
10
Telecommunications
and information
technology
Oppose the adoption of state and federal policies that restrict
cities’ ability to finance, construct, or operate telecommunications
networks.
11
Page 3
Study session meeting of January 10, 2022 (Item No. 1) Page 4
Title: 2022 legislative priorities
General Government
Primary contact Kim Keller– Email: kkeller@stlouispark.org / Phone: (952) 924-2526
The City of St. Louis Park supports good governance in the form of legal authority to help
residents to thrive in the ways they need.
Issue Position Page #
Cable franchising
authority
Support congress to recognize, support and maintain the exercise
of local franchising authority .
12
Levy limits Oppose a levy limit or other proposed restrictions for local
government budgets.
13
Local Control Support local control as a princip le that applies to many issues. N/a
Records retention
related to
correspondence
Support inclusion of social media and text messaging and a
standard 3-year retention period.
13
Safeguard public
code administration
employees
Support Minnesota League of Cities SD-32 Assaults on Code
Enforcement Officials.
14
Housing
Primary contact Kare n Barton – Email: kbarton@stlouispark.org / Phone: (952) 924-2684
The City of St. Louis Park supports housing for all residents in the city including policies that
build and maintain housing and aid in associated costs.
Issue Position Page #
Affordable housing
fee on new
development
Support ability to collect an affordable housing fee on new
development.
15
Local Housing Trust
Fund
Support dedicated revenue, state match, and technical assistance
for local housing trust funds
15
Prohibition on
discriminating
against renters
Support a statewide prohibition on discrimination against renters
receiving rental assistance.
15
Rental rehab loan
program
Support establishment of a housing rehab loan program for the
preservation of NOAH multi-family residential rental properties .
15
Resources for
affordable housing
Support funding to facilitate, create and preserve affordable
housing.
16
TOD Housing Fund Support the creation of a transit-oriented development
affordable housing fund.
16
Study session meeting of January 10, 2022 (Item No. 1) Page 5
Title: 2022 legislative priorities
Public Safety
Primary contact (Police) Mike Harcey Email: mharcey@stlouispark.org / Phone: (952) 924-2128
Primary contact (Fire) Steve Koering Email: skoering@stlouispark.org / Phone: (952) 292-0281
The City of St. Louis Park supports public safety policies and rules that help our front-line
workers and ensure equitable and safe outcomes for residents.
Issue Position Page #
Criminal background
checks
Support preventing individuals who are not legally able to
purchase a gun from doing so without background checks at gun
shows, online, or in private transactions.
17
Emergency medical
services
Support uncoupling professional standards overview by the
EMSRB from the service area determination.
17
Expansion of legal
fireworks
Oppose legislation that expands fireworks in Minnesota. 18
Gun violence
protective orders
Support allowing law enforcement in certain cases to temporarily
remove any guns in an individual's possession and to prohibit new
gun purchases for the duration of the order.
18
Health insurance
coverage for
disabled public
safety officers
Support that this mandate be fully funded by the state. 18
Mandated law
enforcement training
Support continuing the POST Board training reimbursement
allocation to local agencies
18
Pathway to policing
program
Support funding increase for this program. 19
Permit to Purchase
Firearms/Permit to
Carry
Support aligning the permit to purchase firearms statutes with a
permit to carry statute in terms of the time required for
conducting background checks .
19
Race Data Collected
on Minnesota
Driver's License and
State Identification
Support the Minnesota Department of Public Safety to require
individuals self -identify their race when applying for a driver's
license or state identification.
**This is a high priority issue for the city**
19
Study session meeting of January 10, 2022 (Item No. 1) Page 6
Title: 2022 legislative priorities
Transportation and Infrastructure
Primary contact Deb Heiser – Email: dheiser@stlouispark.org / Phone: (952) 924-2551
The City of St. Louis Park supports providing a variety of options for people to make their way
around the city comfortably, safely, and reliably.
Issue Position Page #
Infrastructure
Investment and Jobs
Act (IIJA)
Support the adoption of funding for transportation related
projects that allows for the full allocation of additional federal
funds for infrastructure projects related to IIJA
21
Railway safety Support accountability, safety, and funding of accident
prevention, as well as new rules around railway safety.
21
Redesign CSAH 25 Support Hennepin County’s funding of
rehabilitation/reconstruction of CSAH 25.
21
Southwest LRT Support the continued work and completion of the Southwest
LRT Project to provide businesses, residents, and visitors with
multiple transportation options.
22
Texas Ave . and
Minnetonka Blvd.
Support Hennepin County partnering for the reconstruction of
the Texas Avenue/Minnetonka Blvd intersection.
23
Transit financing Support revenue sources to fund the operating budget for all
regional transit providers .
24
Transportation
funding
Support sufficient statewide transportation funding, for all modes
of travel, and local control to serve long-term needs.
24
Study session meeting of January 10, 2022 (Item No. 1) Page 7
Title: 2022 legislative priorities
City of St. Louis Park
2022 Legislative Positions
Climate, Energy, and Buildings
Advanced state energy code
(Request directed to State Legislature)
Issue: Reducing energy consumption and carbon emissions of buildings is a major component
toward achieving the St. Louis Park Climate Action Plan, especially for larger commercial
structures. Continuing to construct new buildings to the current MN State energy code is
counterproductive as requirements are dated and allow for relatively high energy consumption.
Future retrofitting of these buildings to reduce energy and carbon emissions will be costly and
difficult. The cities of Bloomington, Edina, Minneapolis, S t. Louis Park, St. Paul, and Rochester
(Planning Team cities) began convening a series of meetings during 2019 with other cities from
across the state to discuss the topic of how to advance energy performance in new
construction and major renovations of buildings in Minnesota. This group is called the Cities
Advanced Building Performance Work Group. St. Louis Park and St. Paul staff represented cities
on the Minnesota Department of Commerce (Commerce) and the Minnesota Department of
Labor and Industry (DLI) Building Efficiency Workgroup. The purpose was to explore potential
policy solutions that will enable cities to voluntarily promote or otherwise ensure greater
energy performance measures for commercial and multifamily residential buildings.
Position: Support legislation to adopt developing a more advanced state energy code and/or
allowing for local adoption of more efficient building standards.
Environment and sustainability
(Climate Action Plan , Request directed to State Legislature, Met Council & Hennepin County)
Issue: The city adopted a Climate Action Plan (CAP) in February 2018 with the ambitious goal of
achieving carbon neutrality (having a net zero carbon footprint) by 2040. The Climate Action
Plan outlines specific activities and goals the city will undertake to reduce greenhouse gas
emissions. The plan includes seven mid-term goals by 2030 to keep the city on track, they
include:
• Reduce energy consumption in large commercial buildings by 30 percent
• Reduce energy consumption in small- to mid-size commercial buildings by 30 percent
• Design and build all new construction to be net-zero energy Reduce energy
consumption in residential buildings 35 percent Achieve 100 percent renewable
electricity
• Reduce vehicle emissions by 25 percent
• Reduce solid waste 50 percent from business as usual
Position: The city supports the statewide adoption of similar goals to those in the St. Louis Park
Climate Action Plan and requests ongoing support to achieve these goals. The city supports
legislation that helps climate action planning by reducing energy usage and greenhouse - gas
emissions. In addition, the city supports legislation that provides state funding for energy
conservation and renewable energy initiatives.
Study session meeting of January 10, 2022 (Item No. 1) Page 8
Title: 2022 legislative priorities
Construction codes – limiting local regulatory authority
(Request directed to State Legislature)
Issue: Recent discussions on affordable housing solutions include agencies advocating for
housing programs for primarily multiple family developments, and local home builders pursuing
reduced regulatory authority by the state and cities. Last year, the Builders Association of the
Twin Cities working through a newly created branch organization called Housing First MN,
worked toward a bill that was defeated. Requiring new construction codes that could increase
the cost to receive legislative committee approval before being adopted, potentially halting
progress in public safety and energy conservation standards. Additionally, these groups
proposed restricting or eliminating local land use standards developed by communities for
livability.
Position: Although St. Louis Park strongly supports and encourages affordable housing,
minimum code requirements for energy conservation and building safety should not be
compromised on the concept of reducing construction costs to builders. In addition, local land
use and zoning standards for establishing quality of life standards in each community should
not be limited by legislative action.
Maintain local establishment of appropriate fee-for-service programs
(Request directed to State Legislature)
Issue: Calls for affordable housing by the construction industry mistakes codes and fees as being
the cause of rising home values as opposed to other causes like rapidly increasing price of
building materials and construction labor.
Position: Maintain a consiste nt minimum standard for building safety, longevity, and energy
conservation, and allow local government units to continue with fee-for-service programs as
currently outlined in statute (e.g., reasonable, and justifiable).
Oppose statutory prohibition on residential fire sprinklers
(Request directed to State Legislature)
Issue: The Appellate Court struck down the Department of Labor and Industries’ (DLI) adoption
of the latest International Residential Code (IRC). The IRC is for building new single-family and
duplex homes, which had a provision for residential fire sprinklers in newly constructed one -
and two-family homes that were 4,500 sq. feet and larger.
Analysis: The sprinkler provision was challenged on whether it was done legally and
appropriately. Therefore, the requirement to build these homes safer using sprinklers is no
longer in effect. This is a concern because, in terms of fire safety, the most dangerous place to
be is at home. In addition, most often the victims of a fire are the young and elderly, who have
a more difficult time getting out in an emergency situation. Residential fire sprinklers save lives
and are cost-effective. Recent studies in Minnesota show the cost of installing residential fire
sprinkler systems averages $1.15 per sprinkled square foot, or approximately 1% of new home
construction.
Position: The city opposes efforts that prohibit future adoption of residential fire sprinkler
codes.
Study session meeting of January 10, 2022 (Item No. 1) Page 9
Title: 2022 legislative priorities
Urban forest management funding - emerald ash borer
(Request directed to State Legislature)
Issue: Emerald ash borer (EAB) threaten s our investment in trees. The costs for control and
removal can be catastrophic and put pressure on city budgets. Specifically, EAB is the most
destructive and economically costly forest pest ever to invade North America. Ash trees killed
by EAB become brittle very quickly and will begin to fall apart and threaten overhead cables
and power lines, vehicles, buildings, and people. Few cities are prepared, and no city can easily
afford the costs and the liability threats resulting from EAB. Peer-reviewed studies have
confirmed that a coordinated, landscape -based strategy is more cost effective than fighting EAB
city by city.
In addition, there are new maintenance costs for the hundreds of thousands of new trees that
are being installed because of EAB. The lack of juvenile tree maintenance and pruning in
maturing trees from the mass plantings after Dutch elm disease presents an opportunity to
address this now with EAB infestation programming.
The Minnesota De partment of Natural Resources, through its Urban and Community Forestry
program, and the Minnesota Department of Agriculture, through its Shade Tree and Invasive
Species program, currently has regulatory authority to direct tree sanitation and control
programs. Although these programs allow for addressing some tree disease, pest, and other
problems, funding levels have been inadequate to meet the need of cities to build capacity for
urban tree programs and respond to catastrophic problems. A lack of timely investment in
urban forests costs cities significantly more in the long run. Further, more and more cities are
facing immediate costs for the identification, removal, replacement, and treatment of EAB as it
spreads across the state. The state has no program to assist cities in covering those expenses.
Position: St. Louis Park supports funding from the general fund or other appropriate state funds
for a state matching grant program to provide technical assistance and grants to communities
for EAB management/removal costs and related practices. Specifically, direct grants to cities are
desperately needed for the identification, removal, replacement, and treatment of trees
related to management of EAB. The state should establish an ongoing grant program with at
least $5 million per year that is usable for those activities
Study session meeting of January 10, 2022 (Item No. 1) Page 10
Title: 2022 legislative priorities
Economic Development
DEED Program Funding
(Request directed to State Legislature)
Issue: The Department of Employment & Economic Development (DEED) is critically important
in the support of communities and local economic development initiatives. DEED manages
several programs utilized by the city that have positively impacted St. Louis Park.
Position: St. Louis Park supports the continued annual funding of DEED programs at stable ,
sustainable, or increased levels as it is vital to economic growth across Minnesota. Programs
administered by DEED and other state agencies include Small Business Development Centers,
the Minnesota Investment Fund, the Job Creation Fund, Contamination Cleanup and
Investigation Grant Program, Redevelopment Grant Program, Transportation Economic
Development Infrastructure Program and proposed new financing tools that support
development along transit corridors. The city further supports the continuation of the Angel Tax
Credit to spur the startup of high-technology businesses in Minnesota. Communities rely on
these programs to remain competitive with neighboring states in their efforts to bring jobs back
to Minnesota and expand the tax base.
Small business assistance during COVID
(Request directed to State Legislature)
Issue: Small businesses across Minnesota continue to struggle with the adverse health and
financial impacts resulting from COVID-19 and its variants. These businesses, which are both
the economic engine of the state and the bedrock of their communities, continue to be
vulnerable to significant employee challenges, revenue reductions and ultimately closures
stemming from the virus if additional actions are not taken. Continued federal and state
funding programs are needed to assist small businesses through the health crisis.
Position: The City supports continuing financial relief programs (such as grants and low-interest
loans ) to help sustain the state’s small businesses until the global health crisis has been
brought further under control. Such funding should particularly include assistance for the
state’s women and BIPOC-owned businesses as well as self -employed and sole proprietor
entrepreneurs.
Special Service Districts Statutory Authority
(Request directed to State Legislature)
Issue: In 1988, cities were granted general authority under Minn. Stat. § 428A.01 to§ 428A.101
to establish Special Service Districts. As the law is currently written, only commercial properties
can financially participate within Special Service Districts. This is challenging for funding
additional services within mixed -use project areas as they have multiple types of property. The
City of St. Louis Park has established six Special Service Districts, including multiple sections of
Excelsior Boulevard. Providing infrastructure improvements and ongoing maintenance at the
LRT station near these areas may be impacted by this law.
Position: The city supports the inclusion of multi-family housing developments as financial
participants within Special Service Districts and the establishment of Special Service Districts
around transit and LRT station areas.
Study session meeting of January 10, 2022 (Item No. 1) Page 11
Title: 2022 legislative priorities
Telecommunications and information technology
(Request directed to State Legislature and U.S. Congress)
Issue: Telecommunications and information technology is essential public infrastructure for the
efficient, equitable, and affordable delivery of local government services to residents and
businesses. Telecommunications includes voice, video, data, and services delivered over cable,
telephone, fiber-optic, wireless, and all other platforms.
Analysis: The city and League of Minnesota Cities support a balanced approach to
telecommunications policy that allows new technologies to flourish while preserving local
regulatory authority. Regulations and oversight of telecommunications services are important
prerogatives for local government to advance community interests, including the provision of
high -quality basic services that meet local needs, spur economic development, and are
available at affordable rates to all consumers. For the City of St. Louis Park, this is also
consistent with its priority efforts to advance racial equity and to be a technology connected
community. Supportive policies should also not diminish local authority to work cooperatively
with other public agencies, non-profit organizations, and the private sector to broaden choice
and competition of telecommunications services to meet local needs.
Position: The city opposes the adoption of state and federal policies that restrict cities’ ability to
finance, construct, or operate telecommunications networks.
Study session meeting of January 10, 2022 (Item No. 1) Page 12
Title: 2022 legislative priorities
General Government
Cable franchising authority
(Request directed to State Legislature and U.S. Congress)
Issue: In 2019, the Federal Communications Commission (FCC) issued an Order known as the
“621 Order” which took effect with the potential to significantly reduce franchise fee and
public, educational and government (PEG) fee revenue received by cities from cable operators.
In response, a petition for review was filed in federal court (Sixth Circuit Court of Appeals)
seeking review of the 621 Order on the grounds that it is arbitrary and capricious, violates
federal law and is otherwise contrary to the law. Oral arguments were schedule d for April 2021.
On May 26, 2021, the Sixth Circuit of Appeals issues its decision regarding the 621 order,
upholding it in part and reversing it in part as follows: PEG transport and free service to schools
and government buildings – “in -kind” services The Court held that noncash (or “in-kind”) cable-
related obligations mandated by the Cable Act are not franchise fees. But noncash cable -related
exactions such as free cable service or PEG transport that the Cable Act merely permits a
franchising authority to impose, are franchise fees and thus count toward the 5% cap. As a
result, a city may now be required to pay for these in-kind services. However, the Court
softened the impact of this conclusion by holding that when calculating the cost of these in-kind
services a cable operator can assign a value equal to the cable operator’s “marginal cost” in
providing them. This is a significant victory for local franchising authorities, as the 621 Order
had concluded that an operator could charge the “fair market value” of the in-kind obligations.
However, calculating marginal cost is a complex proposition and will likely be a source of
considerable debate between the cable industry and local franchising authorities. At this time
the City of St. Louis Park has not bee n approached by Comcast regarding imposing these
marginal costs, and in fact, a new 10-year cable franchise agreement was recently completed
with no mention of imposing these fees. Nevertheless, it’s an issue we will continue to monitor.
Local authority over broadband services – the ‘Mixed -use ’ rule. The main issue at stake under
the ‘mixed-use’ rule is whether the 621 Order’s broad preemption of state and local authority
over the ever-expanding broadband services being provided by cable companies is authorized
by the Cable Act. The Court held that the imposition of a broadband fee on a cable operator
circumvents the Cable Act’s limitations and thus the fee is not “consistent with” the Cable Act
and is therefore preempted. This decision on ‘mixed -use ’ likely will not end the debate
regarding the imposition of right-of-way fees on broadband services. The Court’s detailed
analysis will leave both local governments and the cable industry with plenty to consider as this
issue continues to evolve. Local governments and municipal organizations have filed Petitions
for Rehearing asking the 6th Circuit Court of Appeals to revisit the May 26, 2021, decision. The
Petitions ask the Court for rehearing with respect to the finding that most cable franchise
requirements are “franchise fees” under the Cable Act as well as with respect to the
preemption portion of the decision as applied to the broadband services provided by cable
operators.
Position: The City of St. Louis Park participated in the joint appeal of the 621 Order, along with
many other cities and cable commissions from Minnesota and across the country. The
Legislature, Federal Communications Commission (FCC), and Congress should also continue to
recognize, support and maintain the exercise of local franchising authority to encourage
increased competition between incumbent cable system operators and new wireline
competitive video service providers including: maintaining provisions in Minn. Stat. Ch. 238 that
Study session meeting of January 10, 2022 (Item No. 1) Page 13
Title: 2022 legislative priorities
establish and uphold local franchising authority, including the authority to receive a gross
revenues based franchise fee and local authority over areas including: control and access to
public rights-of-way by all video and cable service providers; fees on providers to ensure the
provision of public, educational, and governmental (PEG) programming; video channels and
video streaming for PEG programming equivalent to that of the local broadcast stations;
ensuring programming is accessible and searchable through detailed Electronic Programming
Guide listings that are equivalent to that of local broadcast stations; access to capacity on
institutional networks (I -Nets) provided by local cable system operators for public safety
communications, libraries, schools, and other public institutions; and strengthening local
authority to enforce customer service standards and transparency in pricing.
Levy limits
(Request directed to State Legislature)
Issue: During the 2008 legislative session, levy limits were imposed for three years (2009-2011)
on cities over 2,500 in population.
A one-time levy limit was applied to taxes levied in 2013, payable in 2014. This was in effect for
all counties with a population of 5,000 and over and cities with a population of 2,500 and over.
All cities with a population less than 2,500, all towns , and all special taxing districts were
exempt from the limits. Levy limits replace local accountability with a state judgment about the
appropriate level of local taxation and local services. Additionally, state restrictions on local
budgets can have a negative effect on a city's bond rating due to the restriction on revenue
flexibility.
Position: St. Louis Park opposes efforts to establish a levy limit or other proposed restrictions
for local government budgets. Based on our legislative policies that strongly support local
budgetary decision making, St. Louis Park opposes levy limits of any type.
Records retention related to correspondence
(Request directed to State Legislature)
Issue: HF 1185 was introduced during the 2017 legislative session relating to data practices that
included changing the definition of “correspondence” in government record retention law to
include social media and text messaging and requiring a minimum three -year retention period
for correspondence.
Analysis: The proposed bill was designed to provide a statewide standard retention period for
correspondence. Concerns with the bill include an unfunded mandate on cities (especially small
ones) to meet the new requirements, and the burden of including social media and text
messaging in the definition of correspondence. Social media and text messaging capture
typically requires separate capture software/hardware than email, and thus contributes to
increased costs. Additionally, the various device providers (Verizon, Apple, etc.) typically
require separate legal order from the court to obtain text message records for an individual if
the message is not actively stored on the device. This contributes to increased legal costs and is
overly burdensome on local jurisdictions.
Position: The city opposes the bill in its current form. Delaying full inclusion of social media and
text messaging to future years so the State can include funding options (and possibly some
Study session meeting of January 10, 2022 (Item No. 1) Page 14
Title: 2022 legislative priorities
standards) would be helpful. The city does support a standard correspondence retention period
and feels the proposed 3 year minimum is reasonable. That said, not every city is funded or
technically ready to do this. As a result, the city currently endorses the LMC position on the role
that should be fulfilled by existing records retention requirements. The current LMC position is
to oppose HF 1185.
Safeguard public code administration employees
(Request directed to State Legislature)
Issue: As public safety regulators, inspectors often face hostility from members of the public. A
no tolerance position for abusive behavior should be adopted. Assaults and murder have
occurred on code officials in the normal course of performing their duties for a local
government unit.
Position: Support Minnesota League of Cities SD-32 Assaults on Code Enforcement Officials. The
change would move assault charges from the current fifth degree, or misdemeanor, to a more
stringent fourth degree, a gross misdemeanor, by expanding the public Employees with
Mandated Du ties statute to include code enforcement officials.
Study session meeting of January 10, 2022 (Item No. 1) Page 15
Title: 2022 legislative priorities
Housing
Affordable housing fee on new development
(Request directed to State Legislature)
Issue: There is an increasing need for affordable housing across the state. Additional funds are
needed to create and maintain affordable housing units within the city. An affordable housing
fee on new development would help increase funds for future housing projects and initiatives.
Position: The city supports legislation that would allow for the collection of an affordable
housing fee on new development.
Local housing trust funds (LHTF)
(Request directed to State Legislature)
Issue: The legislature passed lan guage that enables cities, counties, or regions to set up and
resource LHTFs. Local affordable housing agencies continue to work on finding consistent
funding sources and methods to incentivize communities to take advantage of this locally
controlled tool.
Position: The city supports legislation that establishes a dedicated revenue source for LHTFs,
creates a state match, and provides technical assistance dollars to communities to set up their
individual LHTF and encourages them to set up a fund.
Statewide prohibition on discriminating against renters receiving rental assistance
(Request directed to the State Legislature)
Issue: Rental property owners can legally refuse to rent to people based solely on the source of
income to pay their rent, leaving many households that receive various types of rental
assistance unable to find housing.
Position: The city supports a statewide prohibition on discrimination against renters receiving
rental assistance.
Rental rehab loan program for small to medium size developments in seven-county
metropolitan area
(Request directed at the State Legislature)
Issue: Naturally occurring affordable housing (NOAH) is the largest resource of affordable
housing in the metro area. These multi-family residential rental developments which typically
have limited amenities are at risk of losing their affordability as investors purchase the
properties, renovate, add amenities, and increase rents. As an incentive for current NOAH
properties owners to retain the affordability of their properties, a multi-family rehab loan fund
should be established to provide funding for rehab and capital investment in the development
in exchange for establishing rent restrictions.
Position: St. Louis Park strongly supports and encourages affordable housing. The city supports
the establishment of a housing rehab loan program to facilitate the preservation of NOAH
multi-family residential rental properties and encourage owners to retain the affordability of
their developments.
Study session meeting of January 10, 2022 (Item No. 1) Page 16
Title: 2022 legislative priorities
Continue to provide revenue resources for affordable housing
(Request directed to State Legislature)
Issue: The need for affordable housing in the State of Minnesota continues to be a crisis,
requiring a larger response than local jurisdictions can provide on their own. Increased state
level funding is critical to enable local jurisdictions to enact programs to facilitate the creation
and preservation of affordable housing, including subsidized and naturally occurring affordable
housing.
Position: The City supports financing sources and increased funding for local and regional
programs to facilitate the creation and preservation of affordable housing.
Establish a TOD (transit-oriented development) affordable housing fund
(Request directed to State Leg/Hennepin Co)
Issue: Efforts are being made to develop a corridor-wide housing strategy for the South West Light
Rail Transit (SWLRT ) corridor for providing a full range of housing options specifically within a half-
mile of the station areas. An absence of funds is the fundamental issue with traditional approaches
to infill and redevelopment, and mixed-income housing production and preservation.
Position: The city supports the creation of a TOD affordable housing fund and requests that
Hennepin County and the State of Minnesota provide a financial resource to be used to support the
preservation and creation of affordable housing along the SWLRT corridor.
Study session meeting of January 10, 2022 (Item No. 1) Page 17
Title: 2022 legislative priorities
Public Safety Issues
Criminal background checks
(Request directed to State Legislature)
Issue: Every day in Minnesota guns are sold by unlicensed sellers without first conducting a
criminal background check to ensure that the buyer is not a prohibited purchaser.
Analysis: The federal Gun Control Act of 1968 stipulates that individuals "engaged in the
business" of selling firearms must possess a Federal Firearms License (FFL). Holders of FFLs are
required to conduct background checks and maintain a record of all their firearm sales. Certain
gun sales and transfers between private individuals, however, are exempt from this
requirement. Those who would fail a background check can access firearms through these
sources. Unlike an FFL, the seller is not required to conduct a background check to determine
whether the purchaser is prohibited from purchasing and possessing a gun. Federal, state, local
and tribal laws should be enacted to close these loopholes. If all gun sales proceed through an
FFL, a single, consistent system for conducting gun sales, including background checks, will be
established. Current law to ensure gun purchasers go through FFLs are undermined by
oversights in the law that allow individuals prohibited from owning firearms to obtain weapons
at events such as gun shows without undergoing a background check.
Position: The City supports preventing individuals who are not legally able to purchase a gun
from doing so without background checks at gun shows, online, or in private transactions. This
proposal would close the online, gun show, and individual sale loophole by requiring all sales to
at least have a criminal background check at the point of sale at an FFL before a transaction is
legally allowed to occur.
Local control of emergency medical services
(Request directed to State Legislature)
Issue: Current laws regulating emergency medical services (EMS) in Minnesota allow ambulance
providers the ability to provide EMS services in an exclusive operating area known as a Primary
Service Area (PSA) for an indefinite amount of time with little or no oversight or transparency.
Analysis: Ambulance services currently have no response time requirement from the
Emergency Medical Services Regulatory Board (EMSRB) - the state's EMS regulatory agency
which oversees and issues ambulance licenses. The EMSRB also has no oversight on ambulance
billing rates, while ambulance services (both public and private) have the ability to use revenue
recapture to receive unpaid bills from an individual's state tax returns. These are only a few of
the many examples of the limited oversight of ambulance services in the state. The current
system does not require ambulance services to disclose the number of staffed ambulances,
where the ambulance is responding from, or any other important data points that would
ensure a community is receiving quality ambulance services. While the current structure of
Minnesota's EMS regulations is intended to create exclusive operating areas, there are
numerous overlapping service areas across the state with no guidance on who has the authority
to determine which provider is the primary ambulance service for those overlapped areas.
Position: It is our belief that local units of government who are closest to the service delivery
area are best positioned to determine who the licensed ambulance provider is, what level of
Study session meeting of January 10, 2022 (Item No. 1) Page 18
Title: 2022 legislative priorities
service is provided, and should have the authority to ensure there is transparency. The city
propose s uncoupling professional standards overview by the EMSRB from the service area
determination . This would allow the local unit of government to determine who provides
service within their political boundary. This allows the professional standards to continue to be
set by the EMSRB which is made up of industry professionals and stakeholders.
Oppose expansion of legal fireworks
(Request directed to State Legislature)
Issue: There is a continued effort to expand the sale and use of a wider variety of fireworks
Analysis: Under a proposed bill, the measure would prohibit cities f rom banning the sale of
fireworks, but it allows cities to pass ordinances banning people from using fireworks. Exploding
fireworks would be available for purchase from June 1 to July 7, the use is not restricted. In the
city of St. Louis Park where both business and residential properties are in close proximity there
is an unacceptable level of risk given that many buildings are wood frame combustible
construction, non-sprinkled and high occupancy. There is an inherent danger in aerial fireworks
which cause a number of injuries and pose a serious fire risk.
Position: The city o ppose s the following legislation which expands fireworks in Minnesota
• Tents (2018 - HF328/SF235)
• Bricks and Mortar (2017- HF1395/SF1191
Gun violence protective orders (GVPOS)
(Request directed to State Legislature)
Position: The city s upports allowing law enforcement, qualified health care practitioners, family
members, and intimate partners who believe an individual's dangerous behavior has a
substantial likelihood to lead to violence to request an order from a civil court authorizing law
enforcement to temporarily remove any guns in the individual's possession and to prohibit new
gun purchases for the duration of the order.
Continued health insurance coverage for disabled public safety officers
(Request directed to State Legislature)
Issue: MS299A.465 states that the employer is responsible for continued payment of their
contribution for health insurance coverage for police officers, firefighters, and dependents, if
applicab le, that were disabled in the line of duty. Although cities may request a reimbursement
of the health insurance payments, only a fraction is reimbursed from the Department of Public
Safety, resulting in increasing costs due to this functionally unfunded mandate.
Position: The city has only been partially reimbursed for the cost of this mandate. Over the past
10 years, the city has paid over $289,000 in health contributions for disabled public safety
officers, and only 23% of the city’s 2020 request was reimbursed. The city requests that this
mandate be fully funded by the state.
Investments for mandated law enforcement training
(Request directed to State Legislature)
Position: The city s upports continuing the POST Board training reimbursement allocation to
local agencies, which began in 2018, into fiscal year 2022-2023 through the Peace Officer
Study session meeting of January 10, 2022 (Item No. 1) Page 19
Title: 2022 legislative priorities
Training Fund. This funding helps provide mandated training in the areas of recognizing and
valuing diversity and cultural differences, conflict management and mediation, crisis
intervention and resolving mental Illness crises.
Police trainee/non-traditional pathway to policing program
(Request directed to State Legislature)
Issue: The candidate pool for police officers in Minnesota continues to shrink in number and
diversity of candidates. There is a narrowing in the representation of a candidate’s diversity
including but not limited to race and ethnicity; gender; age and related life experience; and
academic and career development in other disciplines. During the 2017 legislative session
$400,000 was appropriated for communities participating in this new program on a 50/50 cost
split. The City of St. Louis Park and other cities have used this approach as a tool for diversifying
their departments, often partnering together to fill vacancies. Since 2017, St. Louis Park has
hired 5 officers (one each year) via this program and finds it to be successful. The need to
create a wider and deeper candidate pool will continue to be a long-term challenge for all
police departments in the state.
Position: The city requests that this funding not only be maintained but increased in future
biennia.
Permit to Purchase Firearms/Permit to Carry
(Request directed to State Legislature)
Issue: Currently the Permits to Purchase Firearms statute (MN Stat. 624.7131; 624.7132)
requires local law enforcement agencies to complete required background checks within 7 days
and the Permit to Carry (MN Stat. 624.714) statute requires a county’s sheriff department to
complete the required background checks within 30 days.
Analysis: The St. Louis Park Police Department completes approximately 300 permit to
purchase background checks per year. In 2020, the St. Louis Park Police Department anticipates
having to complete approximately 500 permit to purchase backgrounds checks. Aligning the
two statutes to require the background checks be done in 30 days would allow local law
enforcement agencies more time to complete thorough background checks and also reduce the
number of applicants who attempt to buy a firearm on impulse .
Position: St. Louis Park supports aligning the Permit to Purchase Firearms statutes (MN Stat.
624.7131; 624. 7132) with the Permit to Carry (MN Stat. 624.714) statute in terms of the time
required for conducting background checks (from 7 to 30 days).
Statewide data collection on race and/or ethnicity for stopped motorists
(Request directed to State Legislature)
Issue: There is not a statewide method of collecting a motorist's race or ethnicity for traffic
stops. Some police departments ask officers to report a person's race and/or ethnicity. This
option results in officers making assumptions on the motorist's race and/or ethnicity and can
lead to inaccurate data. The data would assist law enforcement agencies that are currently or
considering collecting and analyzing race data on traffic stops. Having the data available would
provide for more reliable race data by not requiring officers to ask the person’s race, which
could create an adversarial situation or potentially must guess the subject's race.
Study session meeting of January 10, 2022 (Item No. 1) Page 20
Title: 2022 legislative priorities
Analysis: A statewide system would allow for agencies to submit, and most importantly review ,
accurate data to determine whether racial profiling is a problem in cities across the state. This
information allows for greater police transparency and accountability.
Position: The city supports a statewide system that accurately tracks information on traffic
stops, including race and ethnicity, of stopped motorists.
Study session meeting of January 10, 2022 (Item No. 1) Page 21
Title: 2022 legislative priorities
Transportation Issues
Infrastructure Investment and Jobs Act (IIJA)
(Request directed to State Legislature)
Analysis: The passage of the Infrastructure Investment and Jobs Act (IIJA) represents a
generationally significant investment in roads, jobs, and community connections. These funds,
if fully approved as intended, could be used to quickly move forward several key projects that
would connect regionally significant areas increasing business and community development. In
addition, these resources have the potential to create workforce opportunities for residents in
the form of skilled labor jobs. Significant resources are also available in the approved legislation
to expand and advance the city's goal of reducing carbon emissions and improving the climate
through resources like an electric vehicle charging network. Currently, the funding is contingent
on the approval of a federal budget and the approval of the full regular transportation budget
for the State of Minnesota.
Position: The City of St. Louis Park supports adoption of a transportation budget that allows for
full access to additional resources approved in the IIJA
Railway safety of hazardous materials and oil train operations
(Request directed to State)
Issue: There will be continued flow of hazardous material commodities including but not limited
to crude oil and ethanol at current or increased levels in the future in St. Louis Park .
Analysis: The demand for these commodities and the proximity of facilities in Minneapolis that
use them may make St Louis Park an alternative for managing heavy traffic and staging within
the system. The potential risk s across the system include the BNSF, CP and TCW lines. Track
improvements that result from the SWLRT will allow for higher speeds and safer options for the
rail companies to consider through St Louis Park.
Position: St. Louis Park needs to be an active participant in legislative discussions around the
accountability, safety and funding of accident prevention and responder training, and
information sharing. The city supports funding for community awareness, mitigation, and
resiliency efforts as well. Rail companies need to be required to share the needed information
for response and mitigation. The city also supports reinstatement of fees on railroads and
pipelines as outlined in 2018-HF3775/SF3527.
Redesign and reconstruction of CSAH (county state aid highway) 25
(Request directed to Hennepin County)
Issue: The city and county have developed a long -term vision to transform the CSAH 25 Corridor
from the rural design through-route it is today to a multimodal urban boulevard with well-
designed landscape architecture and place -making features. The goal is to transform this
Hennepin County road into an amenity rich, pedestrian and bicycle friendly, transit-oriented
Boulevard, between Trunk Highway 100 and France Avenue. A clear long-term vision for CSAH
25 will serve to guide both public and private investment in this corridor. Already, the SWLRT
Beltline station, park & ride, and proposed Beltline Station Redevelopment project is beginning
to transform the west end of this corridor. The Shoreham mixed -use project started the
transformation at the east end, followed by Parkway 25 and the current Parkway Residences
Study session meeting of January 10, 2022 (Item No. 1) Page 22
Title: 2022 legislative priorities
project which continue the redevelopment pattern of the east end. The new concept for CSAH
25, which was developed in concert with Hennepin County, supports a change to a more urban
place that provides safe, attractive access to the Beltline LRT station in St. Louis Park and the
neighboring W. Lake Street LRT station in Minneapolis.
Analysis: The transformation of CSAH 25 into an urban boulevard would include the following
actions and considerations:
• A commitment from Hennepin County, with involvement from Minneapolis, to changing
the corridor.
• CSAH 25 serves many important functions and is home to a surprising number of
businesses, residents, and property owners. All stakeholders should be informed and
involved in the design processes.
• Integration of the planned improvements associated with SWLRT between Beltline
Boulevard and Lynn Avenue and the W. Lake Street multi-modal transportation plan into
the vision for the corridor.
• Strong connections to existing and planned bicycle routes, filling the existing gap in
access to the Cedar Lake Trail from the north.
• Providing space for pedestrians in the corridor and safe connections across CSAH 25 to
get to destinations. This includes amenities and landscaping to create a place where
people want to walk and spend time.
• Addressing storm water drainage and treatment.
• Consideration of the east end triangle -shaped area, where Minnetonka Blvd, CSAH 25,
France Avenue and W. Lake Street meet. This area presents both opportunities for
gateway treatments for both Minneapolis and St Louis Park as well as operational
challenges for pedestrians, bicyclists, and local businesses.
• Consideration of a new name for the roadway that provides a positive identity while
eliminating the currently existing address confusion. Just as CSAH 5 is also named
Minnetonka Boulevard, CSAH 25 needs a street name around which an image and
identity can be built. In the case of CSAH 25, there is added confusion because of its
history of being originally part of MN Highway 7, a name that continues to be used by
many.
• Development of a funding and phasing plan. Transforming CSAH 25 will be a large
project and will take time and significant resources to implement. New development in
the corridor may be able to play a significant role in funding the transformation, but
timing will be critical for that to happen.
Position: We thank Hennepin County for their participation in the redesign process and request
the County’s support and funding for the actual rehabilitation/reconstruction of CSAH 25.
Southwest LRT
(Directed to State Legislature, Met Council & Hennepin County)
Analysis: The Southwest LRT Project has been a major undertaking in the City of St. Louis Park
and promises to connect residents in a new and important way to the regional economy of the
west metro, twin cities and wider metropolitan area. Support for this project has meant
residents have accommodated construction and development with the hope of future
connections to opportunities. Continued support for the project means ensuring that this and
other routes in the LRT system see the completion of stations, connections to
Study session meeting of January 10, 2022 (Item No. 1) Page 23
Title: 2022 legislative priorities
the transportation network, and development of major housing and business projects. Support
from the state of Minnesota , Hennepin County and legislature are vital to completion of the
project in a timely manner.
This project also supports the city's goal of offering multimodal transportation options to
residents to reduce the use of carbon -based fuel. This project is vital to completion of the cities
goal of achieving net zero carbon emissions by 2040
Position: The City continues to strongly support the Southwest LRT Project and urges the State
of Minnesota and Hennepin County to meet planned deadlines for the operation of this line.
Texas avenue/Minnetonka Blvd. intersection reconstruction
(Request directed to Hennepin County)
Issue: Texas Avenue between Lake Street and Wayzata Boulevard is one of the few continuous
north-to-south roadway connections in the City of St. Louis Park. The city reconstructed the
section of Texas Avenue from Lake Street to 400 feet south of Minnetonka Boulevard in 2017
and 2018. The new roadway includes bicycle, pedestrian and intersection improvements that
have greatly increased the efficiency and safety in this segment of the corridor. The road
project stopped short of the Minnetonka Boulevard intersection. In 2016 and 2018 a bikeway
was installed along Texas Avenue north of Minnetonka Boulevard. There has been significant
private investment in the Texa Tonka area. In 2020, the Texa Tonka shopping center reopened
after a two-year renovation. In September 2021, construction started on a multi-family
development at the north east corner of this intersection. To complete the upgrade of the
Texas Avenue corridor, we would like to partner with Hennepin County on the reconstruction of
the in tersection. The new intersection would include separate bicycle facilities, sidewalk
improvements, better sightlines for drivers, signal replacement, and ADA upgrades. All things
that are much needed at this location.
Position: The city is requesting that Hennepin County partner with the City for the
reconstruction of the Texas Avenue/Minnetonka Blvd intersection.
Analysis: To extend the bicycle, pedestrian and roadway enhancements that were completed to
the south and to the north of the Minnetonka Boulevard intersection the following items would
need to be addressed.
• Sidewalks: The sidewalks require updating to meet ADA requirements for pedestrian
ramps, width, and clearance from obstructions.
• Bike lanes: In 2018, the county enhanced the bike lanes on Minnetonka Boulevard.
However, at the intersection, these lanes do not have adequate space. The same is true
for the bikeway on Texas Avenue. Most bicycle related crashes occur at intersections, it
is important to maintain the bikeway through the intersection to eliminate confusion for
all users of the road.
• Intersection modifications: the city has developed a layout for this intersection that will
greatly improve the way it operates for all users. Eliminating sightlines issues, creating
space f or bicycles and pedestrians.
• Replace signal system: The new signal system and intersection geometrics should be
updated to include flashing yellow arrows and turn lanes as needed to improve traffic
Study session meeting of January 10, 2022 (Item No. 1) Page 24
Title: 2022 legislative priorities
flow. The signal should be able to detect bicycles. Finally, the pedestrian push buttons
will be replaced to meet ADA requirements.
Transit financing
(Request directed to State Legislature)
Issue: The Twin Cities metropolitan area is served by a regional transit system that is expanding
to include rail transit and dedicated busways. Any operating subsidies necessary to support this
system should come from a regional or statewide funding source. The property taxpayers of
individual cities and counties should not be required to fund the operation of specific transit
lines or routes of service within this regional system.
Analysis: MVST revenue projections have not been reliable, and the Legislature has repeatedly
reduced general fund support for Metropolitan Transit. As a result, the regional transit
providers continue to operate at a funding deficit. Shifting demographics in the metropolitan
region will mean increased demand for transit in areas with and without current transit service.
Position: The city supports stable and growing revenue sources to fund the operating budget
for all regional transit providers at a level sufficient to meet the growing operational and capital
transit needs of the region and to expand the system to areas that currently have little or no
transit options. The city also supports an increase in the regional sales tax to fund the
expansion of regular route service, continuing capital expenses, and expanded operational
nee ds of the metropolitan transit system. If the increase is accompanied by sufficient local
controls over the collection and expenditure of the new revenue and geographic balance is
maintained in the expansion of service to allow cities to appropriately plan for growth in
population and service needs along new and expanded transit service. The city opposes
diversions of the uses of this tax for any other purposes.
Transportation funding
(Request directed to State Legislature)
Issue: A comprehensive transportation system is a vital component in planning for and meeting
the physical, social, and economic needs of our state and metropolitan region. Adequate and
stable sources of funding are necessary to ensure the development and maintenance of a high
quality, efficient and safe transportation system to meet these needs.
Position:
The city supports:
• Stable and sufficient statewide transportation funding, for all modes of travel
• Local tools to meet the long-term transportation system needs of the city
• Funding to assist cities overburdened by cost participation responsibilities
• State funding for state and county highway projects, including congestion and safety
improvements
• State financial assistance, as well as innovations in design and construction
Analysis: Under current transportation financing structures, funding for the existing
transportation system in the metropolitan region continues to be inadequate. Our
transportation funding relies primarily on local property taxes, local fees, gas tax, and the motor
vehicle sales tax (MVST). Automobiles are becoming more fuel efficient and MVST receipts
Study session meeting of January 10, 2022 (Item No. 1) Page 25
Title: 2022 legislative priorities
continue to lag projections, resulting in funding levels that continually fail to meet needs.
Transportation funding and planning must be a high priority for state, regional and local
policymakers so that the regional transportation system can sufficiently meet the needs of the
state’s residents and businesses and its projected population growth. This includes the
municipal state aid system. In addition, cities lack adequate tools and resources for the
maintenance and improvement of local systems, with funding sources restricted to property
taxes, local fees, and special assessments. Cost participation requirements for state and county
roads can overburdened city budgets. It is imperative that alternative revenue generating
authority be granted to municipalities and additional state resources be made available for this
purpose to relieve the burden on the property tax system.
Jan. 6, 2022
From Sen. Latz:
Happy New Year to you all! The 2022 legislative session begins January 31, and while there are
many issues I could address, I will keep my comments to public safety and the federal money.
I have bee n an advocate for background checks and emergency protection orders throughout
my career, and I look forward to an opportunity to advocate for these lifesaving policies. I have
also advocated for additional training and support for public safety officials s o that our
communities can thrive and be safe for all citizens. The divided legislature and continued
intransigence of the GOP to even consider such safety measures as previously mentioned
continues to be the largest obstacle to these policies, and without a change in the makeup of
the leadership, I fail to see meaningful change occurring this year. Despite this, my attempts to
force these conversations continued last year and my resolve to do so in the 2022 session is
strong.
The federal money is a boon to Minnesota and deserves to be carefully mete d out. This is one
time money and as we all know, there are billions of worthwhile projects in our state. I support
using some of this for infrastructure costs including roads, bridges, and transit e xpansion and
repairs. We have little guidance from the federal government and continue to face a global
pandemic. Thoughtful investing that be nefits our whole state is an important consideration for
all legislators.
Thank y ou all for allowing me a bit of space to touch on a few subjects of importance and I look
forward to working with all of you in the near future to advance the priorities of our city.
Regards,
Ron Latz
Page 26 Study session meeting of January 10, 2022 (Item No. 1)
Title: 2022 legislative priorities
Meeting: Study session
Meeting date: January 10, 2022
Discussion item: 2
Executive summary
Title: COVID-19 update
Recommended action: None at this time
Policy consideration: This is an update to ensure current practices related to COVID-19
continue to be in alignment with council policy.
Summary: With the recent increase in COVID-19 cases due to the Omicron variant, staff wanted
to provide an update on current practices related to COVID-19. The city manager, interim deputy
city manager and fire chief will be present to answer any questions from the city council.
The city continues to follow the lead of state officials, including Gov. Walz and the Minnesota
Department of Health, and the Centers for Disease Control and Prevention (CDC) in its practices
and guidelines for COVID-19.
Face coverings
Currently, staff are required to wear face coverings while in common staff and public areas of
city facilities, and when they are riding in vehicles with two or more people. All city buildings
have signs at entrances asking visitors to wear face coverings regardless of vaccination status.
Free face coverings are available in all city facilities. Gov. Walz has stated he is not considering a
statewide mask mandate.
Vaccinations
The St. Louis Park Fire Department provided a vaccination clinic in November for staff and
families, with 108 vaccinations administered. A second staff vaccine clinic is set for Jan. 12. The
fire department continues to work with long-term care facilities to provide opportunities for
vaccinations.
Meetings
The city’s elected and appointed bodies may not meet virtually, per state statute, as there is no
current declared state of emergency. However, boards and commissions with no official
business to conduct have been given the latitude to cancel their January meetings. For
meetings that continue in person, measures are being taken to allow outside presenters to
attend virtually and to institute additional safety measures as needed.
Financial or budget considerations: Not applicable.
Strategic priority consideration: Not applicable.
Supporting documents: None
Prepared and approved by: Cindy Walsh, interim deputy city manager/ops and rec director
Reviewed by: Steve Koering, fire chief; Jacque Smith, communications and marketing manager
Meeting: Study session
Meeting date: January 10, 2022
Written report: 3
Executive summary
Title: Novembe r 2021 monthly financial report
Re commended action: No action is required.
Policy consideration: Monthly financial reporting is part of our financial management policies.
Summary: The monthly financial report provides an overview of general fund revenues and
departmental expenditures comparing them to budget throughout the year.
Financial or budget considerations: Expenditures should generally be at about 92% of the
annual budget through November. General fund expenditures continue to be under budget at
88%. Revenues are difficult to measure in the same way due to the timing of when some are
received, examples of which include property taxes and State aid payments. A summary of
revenues and departmental expenditures compared to budget is included and a few variance
comments are provided below.
License and permit revenue is at 103% of budget through November. Larger commercial
building permits issued in 2021 include the Luxe, Texa-Tonka Apartments and Nordic Ware.
Intergovernmental revenue is at 105% because the police & fire State aid payment on
October 1 was higher than the amount budgeted. Police & fire aid is based on several factors
including population and census data and homeowner and auto insurance premium surcharges
reported by insurance companies. The amount each jurisdiction will receive isn’t know until just
a few weeks before the distribution date each year.
Finance expenditures will be slightly over budget for the year due to an allocation change of a
staff position to the utility funds. Rec center will also have a small expenditure overage at end
of year due to higher temporary staffing costs that were more than offset by higher program
revenues. The e ngineering expenditure variance is due to a lesser portion of staff time charged
to other funds for capital projects in 2021 because of extended staff leaves.
Several departments will be well under budget on expenditures in 2021 due in large part to
staff turnover and position vacancies, including administration and race equity & inclusion.
The December report will be the audit report in June 2022.
Strategic priority consideration: Not applicable.
Supporting documents: Summary of revenues and departmental expenditures – general fund
Prepared by: Darla Monson, accountant
Reviewed by: Melanie Schmitt, chief financial off icer
Approved by: Kim Keller, city manager
Summary of Revenues & Departmental Expenditures - General Fund As of November 30, 2021 20212021201920192020202020212021Balance YTD Budget Budget Audited Budget Audited Budget YTD Nov Remaining to Actual %General Fund Revenues: General Property Taxes26,880,004$ 26,952,306$ 28,393,728$ 28,635,694$ 29,601,811$ 15,170,398$ 14,431,413$ 51.25% Licenses and Permits4,103,424 5,264,659 4,660,811 5,294,310 4,621,829 4,782,552 (160,723) 103.48% Fines & Forfeits279,700 274,340 280,000 126,192 231,000 135,672 95,328 58.73% Intergovernmental1,760,900 1,761,763 1,760,082 2,061,267 1,661,549 1,751,025 (89,476) 105.39% Charges for Services2,187,319 2,160,345 2,273,824 1,600,806 2,013,834 1,989,840 23,994 98.81% Rents & Other Miscellaneous1,367,012 1,500,867 1,456,102 1,201,119 1,499,091 1,255,779 243,312 83.77% Transfers In1,999,877 2,012,706 2,038,338 2,049,976 2,055,017 1,862,682 192,335 90.64% Investment Earnings 180,000 523,124 210,000 486,468 200,000 81,576 118,424 40.79% Other Income31,300 57,274 621,280 3,442,900 593,300 515,773 77,528 86.93% Use of Fund Balance298,156 230,026 25,000 25,000 Total General Fund Revenues39,087,692$ 40,737,411$ 41,694,165$ 44,898,732$ 42,502,431$ 27,545,296$ 14,957,135$ 64.81%General Fund Expenditures: General Government: Administration1,837,620$ 1,673,619$ 1,868,599$ 1,472,421$ 1,617,882$ 1,230,321$ 387,561$ 76.05% Finance1,034,199 1,078,291 1,124,045 1,194,828 1,129,591 1,103,138 26,453 97.66% Assessing772,746 751,737 808,171 792,277 798,244 700,302 97,942 87.73% Human Resources805,620 756,767 823,209 796,088 837,736 674,946 162,790 80.57% Community Development1,502,521 1,515,672 1,571,894 1,536,657 1,576,323 1,327,835 248,488 84.24% Facilities Maintenance1,170,211 1,209,474 1,265,337 1,246,439 1,349,365 1,237,090 112,275 91.68% Information Resources1,674,937 1,474,604 1,709,255 1,596,487 1,683,216 1,505,934 177,282 89.47% Communications & Marketing805,674 786,448 828,004 710,334 970,934 748,611 222,323 77.10%Total General Government9,603,528$ 9,246,612$ 9,998,514$ 9,345,531$ 9,963,291$ 8,528,177$ 1,435,114$ 85.60% Public Safety: Police10,335,497$ 10,452,038$ 10,853,821$ 10,611,141$ 11,307,863$ 10,322,339$ 985,524$ 91.28% Fire Protection4,813,078 4,754,524 5,040,703 4,764,337 4,998,636 4,588,462 410,174 91.79% Building 2,555,335 2,430,473 2,696,585 2,321,664 2,571,968 2,261,450 310,518 87.93%Total Public Safety17,703,910$ 17,637,035$ 18,591,109$ 17,697,142$ 18,878,467$ 17,172,251$ 1,706,216$ 90.96% Operations: Public Works Administration290,753$ 214,436$ 273,318$ 216,899$ 249,256$ 217,643$ 31,613$ 87.32% Public Works Operations3,111,481 3,099,493 3,331,966 3,168,538 3,285,820 2,606,447 679,373 79.32% Vehicle Maintenance1,242,236 1,268,700 1,278,827 1,207,998 1,303,159 1,111,340 191,819 85.28% Engineering570,377 609,567 551,285 531,801 523,547 578,463 (54,916) 110.49%Total Operations5,214,847$ 5,192,196$ 5,435,396$ 5,125,236$ 5,361,782$ 4,513,892$ 847,890$ 84.19% Parks and Recreation: Organized Recreation1,579,569 1,498,462 1,637,002 1,369,309 1,639,358 1,415,992 223,366 86.37% Recreation Center1,949,657 2,041,386 2,061,394 1,864,459 2,082,697 1,998,650 84,047 95.96% Park Maintenance1,833,297 1,820,455 1,906,363 1,802,534 1,916,643 1,684,900 231,743 87.91% Westwood Nature Center643,750 612,266 748,683 606,378 736,515 594,542 141,973 80.72% Natural Resources484,784 429,409 504,143 433,362 496,497 371,564 124,933 74.84%Total Parks and Recreation6,491,057$ 6,401,977$ 6,857,585$ 6,076,042$ 6,871,710$ 6,065,648$ 806,062$ 88.27% Other Depts and Non-Departmental: Racial Equity and Inclusion -$4,592$ 314,077$ 272,994$ 341,293$ 174,709$ 166,584$ 51.19% Sustainability26,283 497,484 244,655 432,043 265,406 166,637 61.43% Transfers Out300,000 4,878,845 4,450,000 91.21% Contingency and Other74,350 121,245 144,860 225,000 Total Other Depts and Non-Departmental74,350$ 452,119$ 811,561$ 662,509$ 5,877,181$ 4,890,115$ 333,221$ 83.21%Total General Fund Expenditures39,087,692$ 38,929,940$ 41,694,165$ 38,906,460$ 46,952,431$ 41,170,084$ 5,128,502$ 87.68%Page 2Study session meeting of January 10, 2022 (Item No. 3) Title: November 2021 monthly financial report
Meeting: Study session
Meeting date: January 10, 2022
Written report: 4
Executive summary
Title: Public art update
Re commended action: None at this time. This report is to update the council on the city’s various
public art activities.
Policy consideration: Does the city council continue to support public art initiatives?
Summary: St. Louis Park is dedicated to promoting and integrating arts, culture, and community
aesthetics in all city initiatives. Through the years numerous public art programs, activities and
works have been conducted or created and several are ongoing. The following discussion
provides an update on the city’s public art initiatives during 2021.
Financial or budget considerations: None at this time.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Discussion
Prepared by: Julie Grove, community and economic development analyst
Sean Walther, planning manager
Reviewed by: Greg Hunt, economic development manager
Karen Barton, community development director
Approve d by: Kim Keller, city manager
Page 2 Study session meeting of January 10, 2022 (Item No. 4)
Title: Public art update
Discussion
Public Art Map – link
The public art map on the city’s website provides locations of public art in the city as well as
descriptions of the installations and information about the artists. This map is updated
continually to share the community’s most current public artworks.
Creative Economic Study
Creative Minnesota recently conducted studies in Minnesota cities to report on how nonprofit
arts and culture organizations, their audiences, arts, and creative workers impact the state’s
quality of life and local economies . St. Louis Park was one of seven local studies conducted in
2021. Typically, the local studies show substantial economic impact from the nonprofit arts and
culture sector. Creative Minnesota will share the study and present their findings at an
upcoming city co uncil meeting.
Friends of the Arts
The city has been working with Friends of the Arts (FOTA) in a partnership since 2006. Since
that time FOTA has continually expanded its support and services, broadened community
programming and events, expanded public art investments in the city. In 2022, the city
increased its funding to FOTA from $40,000 to $70,000 which will allow FOTA to expand
creative projects that connect neighbors and communities, express local identity, and culture,
enliven public spaces, promote personal and environmental health, wellbeing and
sustainability, and advance equity and inclusion. A new executive director is currently being
hired to replace Jamie Marshall who accepted another position.
Strategic Roadmap - Link
The St. Louis Park Friends of the Arts (FOTA) and the city worked with a consultant to create the
“Strategic Roadmap for Advancing Arts and Culture”. The city and FOTA worked with a steering
committee , focus groups and community members to create the roadmap and a vision for the
future. The roadmap serves as a blueprint, outlining paths along which St. Louis Park can
strengthen the cultural life of the city as an important element of achieving Vision 3.0 to be a
place for all people, the city’s livable community principles and its strategic priorities.
Recent art installations (these can be viewed on the public art map)
Links Historic Walker Lake , Texas Ave and 36th St
•Sidewalk poetry: In 2020, the city initiated a sidewalk poetry program as an opportunity to
place poetry into the new sidewalks in the Historic Walke r Lake area. Over 52 poems were
submitted by residents and St. Louis Park students. The nine poems selected were
sandblasted into sidewalk sections along Walker Street and Lake Street. In 2021, new
sidewalk poetry was installed near bus stops on Texas Avenue South between Minnetonka
Boulevard and 36th Street, and near the bus stops on 36th Street West from Aquila
Avenue South to Texas Avenue South. For this round, nearly 70 people that live, work,
study or have other meaningful connections to St. Louis Park submitted 101 original
poems. Poems were reviewed and selected by a five-person community panel. The 13
poems selected, two of which are in Spanish, were sandblasted into city sidewalks by a
locally owned and operated company. A storymap detailing the locations of the poems
was created for each location.
Page 3 Study session meeting of January 10, 2022 (Item No. 4)
Title: Public art update
•Bridgewater Bank: Moments of Tangency is the public art piece recently installed in the
front plaza at Bridgewater Corporate Center. Artist Craig Snyder and architect Homan
Wong sought to create a bold and dynamic sculpture that reflects the sense of connection
and relationship that is important to both banking and the St. Louis Park community.
•The Elmwood Apartments: Prairie Réseau - sculptures in Mesabi Black Granite. Installed in
late summer 2021, these granite sculptures incorporate sandblasted illustrations
depicting the Réseau (network) of the local native flo ra and fauna. The artist Craig David
provided natural designs of wild life , plants, and waterways in the hope that people will be
“re -awakened” to world of nature, by the sculptures.
Art in -p rogress
Development projects
•PLACE: The artist selection process for three art pieces at Via Sol is in process. The
locations for the art pieces include a 3D piece in the front of the building along the
frontage road, a mural along the southside of the building, and a 3D sculpture within the
urban forest. The art pieces are anticipated to be installed by fall of 2022.
•Parkway Residences: Forecast Public Art has been selected to lead the art selection process
for Parkway Residences. The art will be installed within the publicly accessible trail
connection on the north side of Parkway Place.
Art in public facilities
•Westwood Hills Nature Center
o Emily Lavalier's density collage depicts the Westwood Hills Nature Center using
recycled books, magazines, WHNC brochures, flyers, and photographs, as well as new
photos to capture life in St. Louis Park.
o Christopher Tully's artwork uses a combination of two-dimensional painting and three-
dimensional relief style sculpting to depict flora and fauna of Westwood Hills Nature
Center's woodlands.
o Chipmunk and Chickadee. Artist Nick Legeros created a pair of bronze sculptures - a
chipmunk mounted on a 3,000-pound slab of Chilton stone and a chickadee
companion perched on a #2 pencil made of cedar. These sculptures were made
possible by a donation from the St. Louis Park and St. Louis Park Sunrise Rotary Clubs,
and through a partnership with St. Louis Park Friends of the Arts.
•Louisiana Bridge over Minnehaha Creek: Art for the bridge is being developed by Randy
Walker, Gita Ghei, Lori Greene. The artists are currently working on their art pieces which
will be installed on the bridge over the creek and along the walkway under the bridge.
Installation is anticipated to be completed by late spring 2022.
•Dakota Trail Bridge art: Joe DeCamillis has been selected to develop an art panel that will
be placed in a column under the bridge at Dakota Park. Joe is currently working with
students at Peter Hobart Elementary school on some aspects of the design. The art pieces
will be displayed in spring 2022.
Page 4 Study session meeting of January 10, 2022 (Item No. 4)
Title: Public art update
•PLACES (public art and community engagement Southwest): Created in 2015 by Hennepin
County SWLRT to facilitate public art SWLRT station areas.
o The PLACES committee continues to facilitate public art installations along the SWLRT
corridor.
o In the past year, PLACES hired an Artist Fellow to develop a temporary pop-up art
installation to be used at station areas along the SWLRT line to raise awareness,
generate interest and enthusiasm along the transit corridor, and create opportunities
to build identity and a sense of belonging among community members. The Fellow is
currently completing the temporary art piece and anticipates it will be completed by
early spring 2022.
On -going art programs
Arts and Culture Grant Program
The Arts & Culture Grant Program is a collaborative program between the City of St. Louis Park,
the St. Louis Park Youth Development Fund and St. Louis Park Friends of the Arts. The program
makes grant dollars available every year for music, visual arts, theater, film, multimedia, dance ,
and other art projects. It provides funding for new arts programs that support community
pride, connect artists and the community, and engage people in creative learning. Four grants
were awarded for 2022 for the following: Community Storytelling Forum, Minn esoThai cultural
celebration, Winter Solstice Lantern Walk at Westwood Hills Nature Center, and a Fall Sound
Garden at Texa-Tonka Park.
Utility wraps
Utility box wraps have been used in cities nationwide to add artistic flare to neighborhoods and
communities. St. Louis Park’s utility box wrap program helps create a sense of community
connection and pride, while providing a way to add more artistic beauty to the city. This past
year two new utility boxes were wrapped. One is located at the corner of Texas Ave and 36th
Street behind the Shoppes at Knollwood. The second is located across from Hamilton House at
the corner of Cedar Lake Road and Nevada Ave.
Hamilton House utility box Knollwood utility box
Page 5 Study session meeting of January 10, 2022 (Item No. 4)
Title: Public art update
Paint the Drain pilot program - Link
The paint the drain pilot project installed drain artwork across the street from Aquilla
Elementary School. This art project was designed to raise awareness about the importance of
keeping our streets and waterways clean. In the Spring and summer of 2022, the city will be
partnering with Friends of the Art, local artists, neighborhood groups and others to install
several storm drain art pieces around the City. A video was produced about the installation of
the first drain art murals, it can be watched at the link above.
City hall third floor art
The third -floor city hall lobby public art display is used to showcase and elevate local art and
artists’ talent. The art display rotates on a four- six -month basis, giving St. Louis Park artists the
opportunity to showcase their work throughout the year. The goal is to make the art display
more inclusive by forming new relationships and partnerships. The hope is it will increase
representation of artists from different backgrounds and disciplines.
Next steps: In the spring, Creative MN will present the creative economic study at a future
council meeting. City staff and FOTA will continue working to implement the steps outlined in
the strategic roadmap for future public art.
Meeting: Study session
Meeting date: January 10, 2022
Written report: 5
Executive summary
Title: Application for tax increment financing assistance – 9920 Wayzata Boulevard
Recommended action: This staff report outlines Bigos Management’s/SLP Park Ventures’
application for tax increment financing (TIF) in connection with its proposed re development at
9920 Wayzata Boulevard .
Policy consideration:
•Is the EDA willing to consider entering into a redevelopment contract to reimburse the
Developer for up to $6.3 million in qualified costs through tax increment financing
generated by the project to enable it to achieve financial feasibility?
•Is the EDA willing t o sell approximately 18,440 square feet of vacated right-of-way to the
Developer for $110,000?
Summary: Golden Valley -based Bigos Management intends to acquire land at the northwest
quadrant of I-394 and US 169. This includes two vacant parcels located at 9808 and 9920
Wayzata Boulevard, as well as adjacent right-of-way owned by the EDA. Bigos’ plans for the 3.1-
acre redevelopment site call for the removal of three billboards and construction of a six -story,
233-unit multifamily housing development tentatively named 9920 Wayzata Boulevard . Bigos
Management would then own and manage the new apartment building for the long term.
The proposed $68.7 million development includes a mix of alcove, one -, two-, and three-bedroom
units. The proposed apartment building would be mixed income with 186 units (80 percent)
leasable at market rate and 47 units (20 percent) affordable to households at 50 percent of area
median income (AMI) for 25 years , exceeding the city's Inclusionary Housing Policy requirements.
Financial or budget considerations: The Developer indicated that 9920 Wayzata Boulevard ’s
financial proforma exhibited a gap preventing it from achieving a market rate of return
sufficient to attract private financing. To offset this gap, the Developer applied for tax
increment financing (TIF) assistance. Ehlers, the EDA’s financial consultant, examin ed the
project’s pro forma to determine what, if any, level of financial assistance was necessary to
enable it to become viable . After review, Ehlers determined that up to $6.3 million in TIF
assistance is warranted to enable the development to achieve financial feasibility . Such
assistance would be provided via a pay -as-you-go TIF Note. Given current estimates of market
value, it is estimated that the project’s TIF Note would be paid off in approximately 14.5 years
(on a net-present value basis). Such assistance would derive from the establishment of a new
housing TIF district. The proposed development meets the requirements for the provision of tax
increment financing as specified under the EDA ’s amended and restated TIF Policy .
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Discussion
Prepared by: Jennifer Monson, redevelopment admin., Keith Dahl, municipal advisor, Ehlers
Reviewed by: Greg Hunt, economic development manager
Karen Barton, community development director, EDA executive director
Approved by: Kim Keller, city manager
Page 2 Study session meeting of January 10, 2022 (Item No. 5)
Title: Application for tax increment financing assistance – 9920 W ayzata Boulevard
Discussion
Site information: The subject redevelopment site is approximately 3.1 acres and consists of two
parcels , 9808 and 9920 Wayzata Boulevard , owned by SLP Ventures, along with adjacent rights-
of-way owned by the EDA. It is located in the upper northwest quadrant of the city within the
Shelard Park Neighborhood. It is bounded by the Westmarke Condominiums to the west, the
MetroPoint Office Park to the north, US Highway 169 to the east, and I-394 to the south.
The subject site is former lakebed and, as a result, has unstable structural soils. Any building
beyond a single story will likely require extensive foundation work. A developer looking to
construct multi-story buildings on the site will likely incur the following costs: soil excavation,
export, and import, as well as some deep system to structurally support the building’s
foundation. Depending on the project’s density, these extraordinary costs would likely prevent
most multi-story developments from achieving financial feasibility.
The subject site was the former location of Santorini’s restaurant (since removed) and is largely
vacant with the exception of three billboards. Given its proximity to the highway interchange, it
is a highly visible site . The property has been subject to occasional dumping over the years
which has created a public nuisance. According to the former St. Louis Park Plan by
Neighborhood Input Report, “the most critical neighborhood improvement identified [within
the Northwest Neighborhood Planning Area] was decreasing public nuisances, which was
primarily related to concerns about [property] maintenance.” Facilitating rede velopment of the
subject site as proposed is consistent with this objective.
Proposed redevelopment site for 9920 Wayz ata Boulevard
Page 3 Study session meeting of January 10, 2022 (Item No. 5)
Title: Application for tax increment financing assistance – 9920 W ayzata Boulevard
Site area (acres): 3.11 acres
Current use: Vacant land Surrounding land uses:
North: parking ramp, office park
East: right -of-way
South: right-of-way
West: mixed-use commercial and multi-
family residential
Current 2040 land use guidance Current & proposed zoning
RH - high density residential PUD planned unit development
ROW – right of way
Background: In March 2018, council approved Bill Stoddard of SLP Venture’s applications for a
plat and planned unit development (PUD) to allow redevelopment at 9808 and 9920 Wayzata
Boulevard. The approvals allowed a 149-unit, six -story apartment building and 100-key, six -story
hotel on the subject site. The EDA also approved a purchase and redevelopment contract with the
developer, which among other things, provided for the provision of tax increment financing to
enable the proposed projects to achieve financial feasibility. Later, in October 2018, the EDA
approved a revised purchase and redevelopment contract with SLP Ventures which was
subsequently amended on Feb. 17, 2020. Shortly thereafter, the COVID-19 pandemic severely
impacted the hospitality industry in general and the hotel market in particular. The adverse
economic conditions facing hotels are projected to continue for the foreseeable future. As a
result, the property owner and original developer, Bill Stoddard of SLP Ventures pursued a joint,
multifamily housing project with Mortenson Development. Plans for that project were
subsequently withdrawn as the EDA and Mortenson were unable to reach agreement on the
amount of tax increment required for the development to achieve financial feasibility . Mr.
Stoddard then join ed with Bigos Management and prepare d a revised concept for the subject site .
Present considerations: Bigos Management has an option agreement to acquire the vacant
redevelopment site from Mr. Stoddard (“development team” and “Developer”). Bigos and Mr.
Stoddard request tax increment financing to offset the extraordinary costs associated with
constructing 9920 Wayzata Boulevard. Bigos and Stoddard also request to purchase
approximately 18,440 square feet of vacated right-of-way adjoining the southwest and
northeast portions of the subject site from the EDA . The development team plans to remove
the three billboards and remaining debris on the subject site and construct a six -story, 371,000
square foot, multi-family housing development. The mixed income apartment building would
include a total of 233 housing units; of which 186 units (80 percent) would be leasable at
market rate and 47 units (20 percent) would be affordable to households at 50 percent of area
median income (AMI). The proposed development would also include numerous sustainable
elements, including a roof top renewable energy solar array providing 200,000 kWh .
On Oc. 18, 2021, city council approved a comprehensive plan amendment to reguide the site
from office to high density residential, a preliminary and final plat, and a preliminary and final
planned unit development zoning district to allow the proposed mixed inco me, multi-family
residential development. As approved, the development exceeds the city’s inclusionary housing
policy as amended in October 2021, and exceeds the city’s green building policy as amended in
July 2020, including a rooftop solar array.
Page 4 Study session meeting of January 10, 2022 (Item No. 5)
Title: Application for tax increment financing assistance – 9920 W ayzata Boulevard
Re ndering of proposed 9920 Wayzata Boulevard.
9920 Wayzata Boulevard is a single -phase residential development with one building. The
apartment building includes a combination of alcove , one-, two-, and three-bedroom units.
Since receiving their planning approvals, the development team has shifted an affordable
alcove to a three -bedroom affordable unit to help the city provide additional family -sized
affordable units. They have also shifted one alcove and two 1-bedroom units to 2-bedroom
units. The unit mix would be as follows:
Unit Type Market Rate 50% AMI
units
Percent
50% AMI Total Units
Percent of
total units
Alcove 40 10 21.3% 50 21.4%
1-bedroom 64 16 34.0% 80 34.3%
1-bedroom + den 12 3 6.4% 15 6.4%
2-bedroom 65 16 34.0% 81 34.8%
3-bedroom 5 2 4.3% 7 3.0%
Total 186 47 100.0% 233 100.0%
Pending approval of its financing, the development team plans to commence construction in
spring 2022 and complete construction by year-end 2023. Bigos Management would own and
manage the residential development for the long term.
Inclusionary housing: The proposed apartment development would be mixed income with 186
units (80 percent) leasable at market rate and 47 units (20 percent) affordable to households at
50 percent of area median income (AMI), and would adhere to the city’s inclusionary housing
policy as amended in October 2021. Per the Metropolitan Council, the 50 percent AMI for a
family of four is $52,450. The inclusionary housing policy as amended in October 2021, requires
at least 10 percent of the units be affordable at 50 percent area median income, and seven
three -bedroom units, with at least one of those units affordable. With 20 percent of the
housing units affordable to households at 50 percent of AMI, the proposed development
exceeds the city’s inclusionary housing requirements. The affordable units would be spread
proportionally through the mix of unit types as required.
Page 5 Study session meeting of January 10, 2022 (Item No. 5)
Title: Application for tax increment financing assistance – 9920 W ayzata Boulevard
9920 Wayzata Boulevard would be the first new residential development in the Shelard Park
neighborhood required to follow the city’s inclusionary housing policy. There are limited
redevelopment opportunities in the Shelard Park area, and this development would provide 47
affordable rental units for 25 years.
Climate Action Plan: The development will adhere to the city’s Green Building Policy as
adopted in July 2020 and intends to follow Enterprise Green Communities for its design tool.
The development will also include the following sustainable features:
•Native plantings that are low irrigation and low maintenance
•PC solar array comprising the majority of the level 6 roof, generating approximately
200,000 kWh of Year 1 energy offset
•Diversion and recycling of construction and demolition waste
•Reduction of potable water consumption utilizing low flow fixtures
•Construction Indoor Air Quality Management Plan (IAQ)
•Controllable lighting and thermal air systems
•Daylighting and views of spaces
•High efficiency appliances
•Best management practices of stormwater on site
A dditionally, the development will provide 14 level 1 and 12 level 2 charging stations for
residents, one level 2 charging station for guests, and conduit serving an additional 33 parking
spaces. Nearly 20 percent of the parking stalls will have access or future access to EV charging.
Residents who work in the adjacent MetroPoint Office Park and near General Mills’ corporate
headquarters could reduce their need for single -occupancy vehicles resulting in reduced vehicle
miles traveled and emissions.
The development will include 280 bicycle parking spaces in wall-mounted racks in the two
structured parking levels, a dedicated bike storage room in the underground parking level, and
exterior bike racks near the main pedestrian entrance to the building. This amount of bicycle
parking exceeds city zoning requirements.
G iven the above, the proposed development exceeds the city’s Green Building Policy
requirements as amended July 2020.
Racial equity and inclusion: As previously noted, the proposed development will provide a
variety of housing types at market rate and at 50% of AMI to create more housing options for
residents within the project area for 25 years.
Constructing mixed income housing near employment centers provides residents the
opportunity to utilize quick and convenient non-motorized transportation to work.
Additionally, the proposed development has access to Metro Transit’s 645 bus route and is a
bike ride away from a Metro Transit Park & Ride with more frequent bus service to downtown
Minneapolis . Furthermore, it is adjacent to the city’s bikeway network.
Page 6 Study session meeting of January 10, 2022 (Item No. 5)
Title: Application for tax increment financing assistance – 9920 W ayzata Boulevard
The Development Team: Bigos Management is a Golden Valley -based real estate development
and property management company that has been in business since 1981. Bigos Management
has been recognized by the Star Tribune as a top place to work for the past seven years. They
own and manage more than 9,500 units in the Twin Cities, of which, 45% are naturally affordable
housing below 60% area median income. Bigos Management recently purchased Central Park
West in St. Louis Park’s West End in November 2020 and is familiar with the city’s inclusionary
housing policy requirements. Bill Stoddard is CEO of Stoddard Companies and SLP Ventures, a
developer, owner and manager of luxury apartments and senior living. One of his recent
developments is “Hello Apartments” located in Golden Valley on Highway 55 near Highway 169.
Application for Tax Increment Financing assistance: As noted above, the subject
redevelopment site has three billboards and existing debris requiring removal. The site also has
poor structural soils requiring excavation, export, and import, as well as deep piers to support
the building’s foundation. These extraordinary redevelopment costs, along with the mixed-
income nature of the development and proposed sustainable features create a gap in the
project’s financial proforma. To mitigate the project’s estimated financial gap , the Developme nt
Team applied for $7.5 million in tax increment financing (TIF) assistance .
Tax increment financing uses most of the increased future property taxes generated by a new
development to finance certain qualified development costs incurred by that project for a
limited period to enable it to achieve financial feasibility . The EDA’s financial advisor, Ehlers,
examined the financial information provided within the Development Team’s TIF application
based on general industry standards for land, construction, and project costs; rents; operating
expenses; fees; underwriting and financing criteria; and project cash flow. Based on this
analysis, Ehlers co nsulted with staff to determine the extent to which the proposed project
exhibits a financial gap justifying the provision of TIF assistance.
TIF Eligible Expenses & Affordable Impact Amount ($)
Site clearance, soil correction and stabilization $1,007,249
Aggregate piers $791,000
Green building premium $1,425,000
Solar panels $270,000
Affordable impact $4,442,691
TOTAL Extraordinary Costs $7,935,940
Construction/Extraordinary Costs: The estimated total development cost (TDC) to construct
the proposed 9920 Wayzata Boulevard is over $68.7 million or $294,691 per unit. The
extraordinary costs including the cost of billboard demolition , asphalt and debris removal, poor
structural soil removal, soil import, and foundation piers significantly contribute to the project’s
financial gap.
*Affordability impact: The affordability impact is calculated by comparing the market rate rents
to the affordable rents for the term in which the developer is not receiving any tax increment.
Rents for affordable housing units are approximately 44% less than the rents charged for market
rate units. The difference between these rents, times the number of affordable units each
month for 25 years , significantly reduce the development’s rental income. In this case, it is
estimated that the affordability impact over 10.5 years will amount to $4,442,691 or $94,525 per
affordable unit.
Page 7 Study session meeting of January 10, 2022 (Item No. 5)
Title: Application for tax increment financing assistance – 9920 W ayzata Boulevard
Due to decreased rental income from 20% of the units over 25 years , there is insufficient cash
flow to provide a market rate of return, pay ongoing operating expenses, and service the debt
outstanding on the property. This leaves a gap in the funding for the project and makes this
housing development financially infeasible without tax increment finance assistance. Under MN
TIF statutes, costs to construct affordable housing are an eligible expense that may be
reimbursed through tax increment originating from a housing TIF District.
Proposed level of assistance: The recommended level of assistance for the project was
determined by analyzing the project’s extraordinary site development costs, construction costs
and affordability impact over 25 years as well as forecasting the project’s return on investment.
Ehlers concluded that tax increment assistance in the amount of $6.3 million is necessary to
enable the proposed development to become financially feasible . This level of assistance would
offset enough of the extraordinary site costs and affordability impact described above to allow
the proposed project to achieve a rate of return sufficient to attract private financing thereby
enabling it to proceed. The Developer has indicated the recommended level of assistance is
acceptable.
Consistent with previous EDA redevelopment agreements, a "lookback" provision would be
incorporated into the redevelopment agreement with the development team. The
development team would be required to submit verified final project costs and reports
detailing the actual financial performance of the project. The lookback provision establishes a
benchmark return based on industry standards for similar projects. The lookback provision
ensures that if the project’s total development costs are appreciably lower and/or the
development’s net operating income is appreciably higher than the estimates provided, the
EDA w ould share economically in the success of the project by reducing the amount of TIF
assistance provided.
Land Acquisition: Bigos plans to acquire the subject redevelopment site from Mr. Stoddard for
$5.825 million or $25,000 per unit. This land sale price is considered within market compared to
other multi-family land sales within the city. Bigos also requests to acquire approximately 18,440
square feet of vacated right-of-way from the EDA for $110,00 or $6 per square foot. This property
has no other public use and is not large enough to become a stand-alone developable parcel.
TIF Note: The 9920 Wayzata Boulevard development will take approximately 17 months to
construct. It is anticipated that the first increment could be paid in 2024. Given current
estimates of market value, it is estimated that a $6.3 million TIF Note would be paid off in
approximately 14.5 years (on a net present value basis). It is projected that the Note would
terminate with the final payment on August 1, 2038. Payments on the Note would be made on
a "pay -as-you-go" basis, which means that as the development team pays the project’s
property taxes, a portion of those taxes (the “tax increment”) are paid back biannually to the
development team under the specified terms of the TIF Note. Thus, payments to the
development team would only be made as the project’s property taxes are received. This is the
preferred financing method under the city's TIF Policy. As with most EDA redevelopment
contracts, the development team would be required to execute a Minimum Assessment
Agreement for the value utilized for projecting the amount of TIF assistance available.
Page 8 Study session meeting of January 10, 2022 (Item No. 5)
Title: Application for tax increment financing assistance – 9920 W ayzata Boulevard
TIF district: It is proposed that the tax increment provided to 9920 Wayzata Boulevard derive
from a newly establish ed housing TIF district. With 20 percent of the units affordable to
households at 50 percent of area median income, the 9920 Wayzata Boulevard development
would meet the statutory requirements for establishment of a housing TIF district. Once the tax
incre ment obligation to the development team is paid off, the council will have the option to
decertify the district or to keep it open for TIF pooling purposes. Such a TIF district would allow
for up to 26 years of tax increment by state statute.
Property value and taxes: The current combined assessed market value of the two parcels
constituting the subject redevelopment site is under $3.3 million. This is the p roposed TIF
district’s Base Value. The combined estimated market value of these properties upon the
proposed development’s completion (for TIF estimation purposes) is $58.3 million. Most of this
value (minus the Base Value) would be captured as tax increment and used to make payments
on the TIF Note to the development team until it is paid off. The city, county and school district
would continue to receive the property taxes collected on the subject site’s Base Value.
Analysis of development’s conformity with the city’s TIF Policy: The following table lists the
objectives, qualifications, and guidelines for the use of tax increment financing as specified in
the city’s TIF Policy as amended in December 2021, as well as how and whether the proposed
development meets the majority of those standards.
TIF Policy Compliance Table*
Factor Requirement/Guideline Proposed Project Met?
Applicable TIF
District
Redevelopment/Renewal & Renovation/
Housing/Economic Development
Housing district Yes
Statutory TIF
district
requirements
Housing District
40% of the units affordable at 60% AMI
20% of the units affordable at 50% AMI:
or
10% of the units affordable at 30% AMI
20% of the units will be
affordable at 50% AMI
Yes
Use of TIF Proposed costs are statutorily eligible
for reimbursement through proposed
TIF district.
Proposed use of tax increment
financing to mitigate the cost of
constructing affordable housing
is statutorily eligible through
housing TIF districts.
Yes
TIF Objectives TIF Policy requires projects to meet over
half of applicable objectives for use of
TIF.
Proposed project meets nearly all
the EDA’s objectives for the use
of TIF
Yes
Minimum
Qualifications
Applicable Strategic Priorities Proposed project provides broad
range of housing and
neighborhood-oriented
development.
Yes
Meets Green Building Policy
requirements .
Development will exceed the July
2020 Green Bldg Policy
requirements.
Yes
Meets Inclusionary Housing Policy
requirements (if applicable).
Development will exceed the
Oct. 2021 Inclusionary Housing
Policy requirements .
Yes
Page 9 Study session meeting of January 10, 2022 (Item No. 5)
Title: Application for tax increment financing assistance – 9920 W ayzata Boulevard
Meets Diversity, Equity, and Inclusion
Policy.
The Developer’s construction
practices, and ongoing
management will meet the intent
of the city’s diversity, equity, and
inclusion policy.*
Yes
Consistent with city's Comprehensive
Plan and Zoning Ordinance, or approvals
pending .
Proposed project is consistent
with city's Comprehensive Plan
and Zoning Ordinance.
Yes
Removes contamination, blight and/or
will not generate significant
environmental problems .
Project removes blight and
contamination.
Yes
Helps facilitate desired development
that would not occur without assistance.
Proposed assistance would
facilitate desired development
and would not occur without
such assistance.
Yes
Developer provided necessary
documentation to evaluate TIF need and
proposed project .
Developer provided necessa ry
documentation to evaluate
proposed project and TIF request.
Yes
Determined not financially feasible "but -
for" the use of tax increment financing .
Ehlers determined the proposed
project is not financially feasible
"but -for" the use of tax
increment financing
Yes
Developer has experience and capability
to construct proposed project .
Developer has extensive
experience and capability to
construct the proposed project.
Yes
Developer plans to retain ownership of
project long enough to stabilize
occupancy (if applicable).
Developer plans to retain
ownership of the project through
stabilization, and Bigos
Management will remain the
property manager.
Yes
Meets all Minimum Qualifications. The development meets all
Minimum Qualifications
Yes
Desired
Qualifications
Incorporates Livable Communities, New
Urbanism, TOD, Sustainable Design
principles (i.e., mixed-use, urban design,
human scale, walkable, public spaces,
and sustainable design features).
Proposed project incorporates
Livable Communities, New
Urbanism, and TOD design
principles.
Yes
High quality development (sound
architectural design, quality
construction and materials).
Proposed project will incorporate
high quality design and materials.
Yes
Provides rents at deeper affordability levels
such as 30% or 50% AMI (if applicable).
47 units will have rents affordable
to households at 50% AMI
Yes
Provides units for larger families (i.e., 3-
& 4-bedroom units (if applicable)).
Seven 3-bedroom units are
proposed
Yes
Complements and/or adds value to
neighborhood by providing public
elements or placemaking features (if
applicable).
Project will complement and add
value to surrounding
neighborhood by providing
mixed income housing , and long -
term affordable housing in
Shelard Park area near large
employment centers.
Yes
Page 10 Study session meeting of January 10, 2022 (Item No. 5)
Title: Application for tax increment financing assistance – 9920 W ayzata Boulevard
Proposed development will likely
stimulate further investment in
surrounding area/neighborhood.
This is the last developable
parcel in the immediate area, so
it is unlikely to spur further
development, however
additional housing units near
large office centers may spur
additional investment in existing
buildings.
Yes
Provides new, or retained, employment
(if applicable).
Will provide 6 new employment
opportunities for management
and maintenance workers.
Yes
The increase in market value of the
property after redevelopment is more
than 8 times the original market value.
The estimated market value of
the site after redevelopment is
17.8 times the original market
value.
Yes
Will have a positive community impact . Proposed project will have a
significant positive impact on the
area. It will remove three
billboards and blight from a
highly visible vacant lot.
Yes
Will not place extraordinary demands on
city services .
City departments determined
proposed project will not place
extraordinary demands on city
services.
Yes
Will not likely generate significant
environmental problems and/or cleans -
up existing contamination.
The development will not
generate any environmental
problems and will clean up existing
contamination and poor soils.
Yes
Land price for project site is within
market range.
Land price for project site is
within market range.
Yes
Ratio of private to city investment (TIF
and grants) is more than $5 to $1.
Proposed private to city
investment is nearly $11 to $1.
Yes
The proposed amount of TIF assistance
or term of the TIF Note is within range
of similar developments which received
TIF assistance.
The proposed TIF assistance is
within range of similar
development that received TIF
assistance.
Yes
Proposed TIF assistance will be provided
on a pay-as-you-go-basis.
Proposed TIF will be provided on
a pay-as-you-go-basis.
Yes
Meets the majority of Desired
Qualifications.
The development meets all
Desired Qualifications
Yes
*Planning applications were submitted and approved prior to the adoption of the pending
diversity equity and inclusion policy . Therefore , the development team is not required to
adhere to this policy. However, staff will work with the development team to meet the intent of
the policy during construction and ongoing management.
G iven that the proposed development meets statutory requirements, as well as all objectives,
qualifications and guidelines as specified in the TIF Policy, staff finds the Bigos /Stoddard Team’s
request for TIF assistance meets the EDA’s requirements for the provision of tax increment
financing.
Page 11 Study session meeting of January 10, 2022 (Item No. 5)
Title: Application for tax increment financing assistance – 9920 W ayzata Boulevard
Summary and recommendation: Based upon its analysis of the development team’s proforma
for 9920 Wayzata Boulevard , Ehlers determined that the proposed development has a verified
financial gap and is not financially feasible but-for the provision of tax increment financing. To
offset this gap, it is proposed that the EDA consider reimbursing the development team up to
$6.3 million in pay -as-you-go tax incre ment generated by the project over a 14.5-year term. Such
assistance would derive from a newly established housing TIF district upon completion of the
proposed project and stabilization.
Providing TIF assistance to the proposed development achieves the following:
•remove s three prominent billboards .
•redevelops blighted /vacant property that has been underutilized and subject to dumping
for numerous years.
•provides the city with a quality, multi-family housing development consistent with many
goals of the 2040 Comprehensive Plan, city ’s strategic priorities and council preferences.
•further diversifies the city’s housing stock with an additional 186 market rate apartments
and an additional 47 housing units for moderate income households for 25 years .
•includes numerous sustainable features (including a solar array) exceeding the city’s
Green Building Policy requirements.
•helps support office and retail businesses in the area.
•brings the subject properties to significantly higher market value than they are currently.
•creates a potential new revenue stream to assist future affordable housing developments
and programs.
The Bigos /Stoddard Team’s proposed 9920 Wayzata Boulevard development meets the city’s
requirements for the provision of Tax Increment Financing as specified in the city’s TIF Policy. As
noted above, the project meets nearly all Objectives as well as all Minimum and Desired
Qualifications for providing TIF assistance . Additionally, it has been demonstrated that the
proposed development is not financially feasible but-for the provision of tax increment financing.
Lastly, the proposed amount of TIF assistance is comparable to other housing developments the
EDA has previously assisted. Given these findings, staff supports reimbursing the development
team for eligible costs up to $6.3 million in pay -as-you-go tax increment generated by the
proposed mixed income development to enable it to become financially feasible .
Next steps: As with all TIF applications, it is at the EDA’s discretion as to whether to provide
the proposed 9920 Wayzata Boulevard development with tax increment assistance at the
recommended level. Provided the EDA supports this , the EDA will be asked to begin the process
of establishing a new housing TIF district; the vehicle through which the financial assistance
would be provided. The first step of which is to set a public hearing date. It is proposed the date
for decertifying the Wayzata Boulevard TIF District and holding the public hearing be tentatively
scheduled for Spring of 2022. The next steps in the approval process would be as follows:
1.Negotiation of business terms for the provision of tax increment assistance.
2.Review of proposed business terms of purchase and redevelopment contract.
3.Planning commission’s review of conformance with the Comprehensive Plan.
4.Decertif ication of the Wayzata Boulevard TIF District (a redevelopment district).
5.Hold public hearing on the establishment of the proposed 9920 Wayzata TIF District (a
housing TIF district).
6.Approval of TIF district plan and purchase & redevelopment contract – EDA and city council.