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HomeMy WebLinkAbout2022/05/16 - ADMIN - Agenda Packets - City Council - RegularAGENDA MAY 16, 2022 The St. Louis Park City Council is meeting in person at St. Louis Park City Hall, 5005 Minnetonka Blvd. Members of the public can attend in person or watch on local cable (Comcast SD channel 17 and HD channel 859) or via webstream at bit.ly/watchslpcouncil. Visit bit.ly/slpccagendas to view the agenda and reports. Due to technical challenges, courtesy call-in public comment is not available for this meeting. You can provide comment on agenda items in person at the council meeting or by emailing your comments to info@stlouispark.org by noon the day of the meeting. Comments must be related to an item on the meeting agenda. The city recognizes the value of the call-in option to provide access to those who can’t attend meetings in person and is working on a reliable solution. 6:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY – council chambers 1.Roll call 2.Approval of EDA agenda 3.Approval of agenda and items on EDA consent calendar Recommended action:**Motion to approve the agenda as presented and items listed on consent calendar; and waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from agenda or move items from consent calendar to regular agenda for discussion.) 3a. Accept EDA disbursement claims for the period of March 26 through April 29, 2022. 3b. Adopt EDA resolution for Sherman associates’ application for a Hennepin County Transit Oriented Development (TOD) grant for its Beltline Station Development. 3c. Adopt EDA resolution of support for Wooddale Station LLCs’ application for a Hennepin County Transit Oriented Development (TOD) grant. 4.Approval of EDA minutes 4a. EDA meeting minutes of April 4, 2022 4b. EDA meeting minutes of April 18, 2022 4c. EDA meeting minutes of March 21, 2022 5.Unfinished business – None 6.New business – None 7.Communications – None 6:30 p.m. CITY COUNCIL MEETING – council chambers 1.Call to order 1a. Pledge of allegiance 1b. Roll call 2. Presentations 2a. Caring Youth Proclamation 2b. Recognition of donations Meeting of May 16, 2022 City council agenda 3.Approval of minutes 3a. Study session minutes of Feb. 28, 2022 3b. City council meeting minutes of March 7, 2022 3c. Study session minutes of March 21, 2022 3d. City council meeting minutes of March 21, 2022 4.Approval of agenda and items on consent calendar Recommended action: **Motion to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda or move items from consent calendar to regular agenda for discussion.) 4a. Accept city disbursement claims for the period of March 26 through April 29, 2022. 4b. Approve the vehicle towing and impounding agreement and impound lot lease extension with Bobby & Steve’s Auto World Eden Prairie, LLC. 4c. Adopt resolution to participate in the fencing consortium as outlined in the joint powers agreement. 4d. Designate Geislinger and Sons, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $5,217,582.00 for the 36th Street and Wooddale Avenue Improvement project – Project No. 4022-6000. 4e. Adopt resolution approving a preliminary and final plat of STEP expansion. 4f. Adopt resolution authorizing all-way stop controls at 28th Street and Monterey Parkway. 4g. Adopt resolution supporting CommonBond Communities’ participation in Hennepin County’s Pandemic Recovery Fund and Affordable Housing Incentive Fund for Rise on 7. 4h. Approve an extension until June 15, 2023, for Frauenshuh to act upon the conditional use permit (CUP) for Bremer Bank at 7924 Highway 7. 4i. Approve premises amendment to the liquor license for Steel Toe Brewing, located at 4848 W 35th Street. 4j. Adopt resolution authorizing a special assessment for the repair of the sewer service line at 2655 Vernon Avenue South, St. Louis Park, MN. P.I.D. 31-029-24-32-0019. 4k. Adopt resolution authorizing the special assessment for the repair of the sewer service line at 4110 Xenwood Avenue South, St. Louis Park, MN. P.I.D. 21-117-21-31-0122. 4l. Adopt resolution authorizing the special assessment for the repair of the sewer service line at 4210 Yosemite Avenue South, St. Louis Park, MN. P.I.D. 21-117-21-34-0133. 4m.Adopt resolution approving acceptance of $2,200 from Neelam and Deepak Sethi for the purchase of a memorial bench at Wolfe Park honoring Peachy Sethi. 4n. • Adopt resolution authorizing truck parking restrictions on the north side of Highway 7 Frontage Road from Texas Avenue West to include the cul-de-sac. •Adopt resolution prohibiting parking along the south side of Highway 7 Frontage Road from Texas Avenue west to start of the cul-de-sac. 4o. Approve Human Rights Commission meeting minutes from March 15, 2022. 5. Boards and commissions 5a. Approve appointments to boards and commissions Meeting of May 16, 2022 City council agenda 6.Public hearings 6a. Public hearing to consider Beltline Station development conduit bond Recommended action: Mayor to open public hearing, take testimony, and then close the hearing. Motion to adopt resolution approving the issuance of multifamily housing revenue notes; approving a housing program; and authorizing the execution of related documents. 6b. Public hearing to consider Wooddale Avenue apartment conduit bond Recommended action: Mayor to open public hearing, take testimony, and then close the hearing. Motion to adopt resolution approving the issuance of multifamily housing revenue notes; approving a housing program; and authorizing the execution of related documents. 6c. Public hearing to consider Rise on 7 conduit bond Recommended action: Mayor to open public hearing, take testimony, and then close the hearing. Motion to adopt resolution approving the issuance of multifamily housing revenue notes; approving a housing program; and authorizing the execution of related documents. 7.Requests, petitions, and communications from the public – None 8.Resolutions, ordinances, motions and discussion items 8a. Sale of bonds, Louisiana court Recommended action: Motion to adopt resolution providing for the sale of refunding bonds originally used to finance the Louisiana court project. 9.Communications -- None Immediately following the city council meeting SPECIAL STUDY SESSION Discussion item 1. 2023 Budget: long range financial plan, debt, fund balances, ARPA **NOTE: The consent calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a councilmember or a member of the public, that item may be moved to an appropriate section of the regular agenda for discussion. St. Louis Park Economic Development Authority and regular city council meetings are carried live on civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for video on demand replays. During the COVID-19 pandemic, agendas will be posted on Fridays on the entrance doors to city hall and on the text display on civic TV cable channel 17. The agenda and full packet are available after noon on Friday on the city’s website. If you need special accommodations or have questions about the meeting, please call 952.924.2525. Meeting: Economic development authority Meeting date: May 16, 2022 Consent agenda item: 3a Executive summary Title: Approval of EDA disbursements Recommended action: Motion to accept for filing EDA disbursement claims for the period of March 26 through April 29, 2022. Policy consideration: Does the EDA desire to approve EDA disbursements in accordance with Article V – Administration of Finances, of the EDA bylaws? Summary: The finance division prepares this report on a monthly basis for the EDA to review and approve. The attached reports show both EDA disbursements paid by physical check and those by wire transfer or Automated Clearing House (ACH) when applicable. Financial or budget considerations: Review and approval of the information follows the EDA’s charter and provides another layer of oversight to further ensure fiscal stewardship. Strategic priority consideration: Not applicable. Supporting documents: EDA disbursements Prepared by: Kari Mahan, accounting clerk Reviewed by: Melanie Schmitt, chief financial officer Approved by: Kim Keller, city manager 5/12/2022CITY OF ST LOUIS PARK 9:34:23R55CKS2 LOGIS400V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 37,182.00BOLLIG & SONS MTKA BLVD PROPERTIES OTHER CONTRACTUAL SERVICES 37,182.00 272.00CAMPBELL KNUTSON PROF ASSOC DEVELOPMENT - EDA G&A LEGAL SERVICES 272.00 265.00CITIZENS INDEPENDENT BANK DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPS 265.00 308.75EHLERS & ASSOCIATES INC BRIDGEWATER BK TIF DIST G&A OTHER CONTRACTUAL SERVICES 308.75WOODDALE STATION TIF DIST G&A OTHER CONTRACTUAL SERVICES 308.75ELMWOOD APTS TIF DIST G&A OTHER CONTRACTUAL SERVICES 308.754900 EXC BLVD TIF DIST G&A OTHER CONTRACTUAL SERVICES 308.75ELIOT PARK TIF DIST G&A OTHER CONTRACTUAL SERVICES 438.75WEST END TIF DIST G&A OTHER CONTRACTUAL SERVICES 308.75ELLIPSE ON EXC TIF DIST G&A OTHER CONTRACTUAL SERVICES 308.75PARK CENTER HOUSING G&A OTHER CONTRACTUAL SERVICES 790.00CSM TIF DIST G&A OTHER CONTRACTUAL SERVICES 2,948.75DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 308.75MILL CITY G&A OTHER CONTRACTUAL SERVICES 308.75PARK COMMONS G&A OTHER CONTRACTUAL SERVICES 308.75ELMWOOD VILLAGE G & A OTHER CONTRACTUAL SERVICES 308.75WOLFE LAKE COMMERCIAL TIF G&A OTHER CONTRACTUAL SERVICES 308.75SHOREHAM TIF DIST G&A OTHER CONTRACTUAL SERVICES 308.75AQUILA COMMONS G & A OTHER CONTRACTUAL SERVICES 308.75HWY 7 BUSINESS CENTER G & A OTHER CONTRACTUAL SERVICES 8,500.00 5,000.00FRANZEN LAW & POLICY GROUP LLC DEVELOPMENT - EDA G&A LEGAL SERVICES 5,000.00 1,744.30HENNEPIN COUNTY TREASURER DEVELOPMENT - EDA BALANCE SHEE DUE TO OTHER GOVTS 4,506.89DEVELOPMENT - EDA G&A PAYMENT IN LIEU OF TAXES 6,251.19 3,000.00PRIMACY STRATEGY GROUP LLC.DEVELOPMENT - EDA G&A LEGAL SERVICES 3,000.00 41,087.50ST LOUIS PARK CONV & VISITORS BUREAU CONVENTION & VISITORS BUREAU COST REIMBURSEMENT-CVB 41,087.50 Economic development authority meeting of May 16, 2022 (Item No. 3a) Title: Approval of EDA disbursements Page 2 5/12/2022CITY OF ST LOUIS PARK 9:34:23R55CKS2 LOGIS400V 2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description Report Totals 101,557.69 Economic development authority meeting of May 16, 2022 (Item No. 3a) Title: Approval of EDA disbursements Page 3 Meeting: Economic development authority Meeting date: May 16, 2022 Consent agenda item:3b Executive summary Title: Hennepin County TOD grant resolution of support for Beltline Station Development (Ward 1) Recommended action: Motion to adopt economic development authority (EDA) Resolution for Sherman Associates’ application for a Hennepin County Transit Oriented Development (TOD) grant for its Beltline Station Development. Policy consideration: Does the EDA support an application for a Hennepin County TOD grant to facilitate the Beltline Station Development project? Summary: In February 2018, the EDA entered into an agreement with Sherman Associates to develop a mixed-use, transit-oriented development at the METRO Green Line Extension / Southwest Light Rail Transit (SWLRT) Beltline Boulevard Station Redevelopment Site. The development is proposed to include two apartment buildings, one mixed-use building with retail space, and a joint use park-and-ride parking structure for the SWLRT with some commercial space on the first floor adjacent to the station. On April 18, 2022, city council approved a planned unit development ordinance for this development. The EDA and city council are scheduled to consider the developer’s financial assistance request for the Beltline Station Development on May 16, 2022. In April, Hennepin County released an application for its TOD grant program designed to create a walkable, mixed-use, human-centered community established around high-quality transit services. Sherman Associates applied to this program to defray some of the public improvement costs associated with their Beltline Station Development. Specifically, Sherman Associates applied for $1 million for public infrastructure improvements including the plaza, bike and pedestrian elements, site work, utilities and stormwater features. As part of the application, Hennepin County requests a resolution of support from the city in which the development is located indicating that it supports the Sherman Associates’ grant application. The resolution of support is attached. Financial or budget considerations: This grant program does not require any financial match from the EDA or city. Sherman Associates is the grant applicant, and should funds be awarded, Sherman would work directly with Hennepin County to administer the grant. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Site plan Resolution Prepared by: Julie Grove, community and economic development analyst Reviewed by: Greg Hunt, economic development manager Sean Walther, planning manager Approved by: Kim Keller, city manager Page 2 Economic development authority meeting of May 16, 2022 (Item No. 3b ) Title: Hennepin County TOD grant resolution of support for Beltline Station Development (Ward 1) Site Plan Page 3 Economic development authority meeting of May 16, 2022 (Item No. 3b ) Title: Hennepin County TOD grant resolution of support for Beltline Station Development (Ward 1) EDA Resolution No. 22-____ Resolution of support of an application for a Hennepin County Transit Oriented Development (TOD) grant submitted by Sherman Associates for redevelopment at 4601 and 4725 Hwy. 7 and 3130 Monterey Ave. S. Whereas, the St. Louis Park Economic Development Authority (Authority) acknowledges the Hennepin County Board of Commissioners has authorized approximately $2.2 million for transit-oriented development (TOD) projects; and Whereas, Sherman Associates submitted an application requesting grant funds from the Hennepin County Transit Oriented Development Program; and Whereas, the grant funds will be used for certain public improvement costs associated with the proposed redevelopment project at 4601 and 4725 Hwy. 7 and 3130 Monterey Ave. S. in the City of St. Louis Park; and Whereas, the Hennepin County Transit Oriented Development Program Guidelines require support by the Authority for submission of a grant application to the Hennepin County Transit Oriented Development Program; and Now therefore be it resolved that the Authority, in accordance with Minnesota Statutes 383B.77, subd. 3., supports the submission of a Transit Oriented Development Program grant application to the Hennepin County Housing and Redevelopment Authority by Sherman Associates for its proposed development. Reviewed for administration: Adopted by the Economic Development Authority May 16, 2022 Karen Barton, executive director Margaret Rog, president Attest: Melissa Kennedy, secretary Meeting: Economic development authority Meeting date: May 16, 2022 Consent agenda item: 3c Executive summary Title: Hennepin County TOD grant resolution of support for Wooddale Station LLC (Ward 2) Recommended action: Motion to adopt economic development authority (EDA) Resolution of support for Wooddale Station LLCs’ application for a Hennepin County Transit Oriented Development (TOD) grant. Policy consideration: Does the EDA support Wooddale Station LLC’s application for a Hennepin County TOD grant to facilitate its Wooddale Station redevelopment? Summary: In February 2021, the EDA entered into a Preliminary Development Agreement with Wooddale Station LLC (Saturday Properties and Anderson Companies) to develop a mixed-use, mixed-income, transit-oriented development at the METRO Green Line Extension / Southwest Light Rail Transit (SWLRT) Wooddale Avenue Station Redevelopment Site. Initial concept plans include a mixed use, transit-oriented development with 314 residential units, with 10% affordable at 50% area median income (AMI) and 10% affordable at 60% AMI, and 17,000 square feet of ground floor commercial. The city received planning and zoning applications on April 27, 2022 and staff is reviewing them for completeness. In April, Hennepin County released an application for its TOD grant program designed to create a walkable, mixed-use, human-centered community established around high-quality transit services. Wooddale Station LLC applied to this program to defray some of the public improvement costs associated with their proposed development. Specifically, Wooddale Station LLC is applying for $250,000 for the public plaza elements. As part of the application, Hennepin County requests a resolution of support from the city in which the development is located indicating that it supports Wooddale Station LLC’s grant application. The resolution of support is attached. Financial or budget considerations: This grant program does not require any financial match from the EDA or city. Wooddale Station LLC is the grant applicant, and should funds be awarded, they would work directly with Hennepin County to administer the grant. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Site plan Resolution Prepared by: Julie Grove, community and economic development analyst Reviewed by: Greg Hunt, economic development manager Sean Walther, planning manager Approved by: Kim Keller, city manager Page 2 Economic development authority meeting of May 16, 2022 (Item No. 3c) Title: Hennepin County TOD grant resolution of support for Wooddale Station LLC (Ward 2) Site Plan Page 3 Economic development authority meeting of May 16, 2022 (Item No. 3c) Title: Hennepin County TOD grant resolution of support for Wooddale Station LLC (Ward 2) EDA Resolution No. 22-____ Resolution of support of an application for a Hennepin County Transit Oriented Development (TOD) grant submitted by Wooddale Station LLC for redevelopment at 5802 and 5950 36th Street West Whereas, the St. Louis Park Economic Development Authority (Authority) acknowledges the Hennepin County Board of Commissioners has authorized approximately $2.2 million for transit-oriented development (TOD) projects; and Whereas, Wooddale Station LLC submitted an application requesting grant funds from the Hennepin County Transit Oriented Development Program; and Whereas, the grant funds will be used for certain public improvement costs associated with the proposed redevelopment project at 5802 and 5950 36th Street West in the City of St. Louis Park; and Whereas, the Hennepin County Transit Oriented Development Program Guidelines require support by the Authority for submission of a grant application to the Hennepin County Transit Oriented Development Program; and Now therefore be it resolved that the Authority, in accordance with Minnesota Statutes 383B.77, subd. 3., supports the submission of a Transit Oriented Development Program grant application to the Hennepin County Housing and Redevelopment Authority by Wooddale Station LLC for its proposed development. Reviewed for administration: Adopted by the Economic Development Authority May 16, 2022 Karen Barton, executive director Margaret Rog, president Attest: Melissa Kennedy, secretary Meeting: Economic development authority Meeting date: May 16, 2022 Minutes: 4a Unofficial minutes EDA meeting St. Louis Park, Minnesota April 4, 2022 1. Call to order President Rog called the meeting to order at 6:20 p.m. 2. Roll call Commissioners present: President Rog, Tim Brausen, Sue Budd, Lynette Dumalag, Larry Kraft, Nadia Mohamed Commissioners absent: Jake Spano Staff present: City Manager (Ms. Keller), City Attorney (Mr. Mattick), Interim Information Resources Director (Ms. Smith) 3. Approval of consent agenda and items on EDA consent calendar 3a. Approval of agenda and EDA disbursements It was moved by Commissioner Brausen, seconded by Commissioner Kraft, to approve the EDA agenda and filing EDA disbursement claims for the period of Feb. 26 through Mar. 25, 2022. The motion passed 6-0 (Commissioner Spano absent). 3b. Adopt EDA Resolution supporting the provision of an Affordable Housing Trust Fund loan in an amount not to exceed $450,000 for Project for Pride in Living’s proposed Union Park Flats development It was moved by Commissioner Dumalag, seconded by Commissioner Brausen, to adopt EDA Resolution No. 22-08 supporting the provision of an affordable Housing Trust Fund loan in an amount not to exceed $450,000 for Project for Pride in Living’s proposed Union Park Flats development. The motion passed 6-0 (Commissioner Spano absent). 4. Approval of EDA minutes 4a. EDA meeting minutes of Mar. 7, 2022 Commissioner Dumalag noted a correction which should read, “noting a conflict of interest as she serves on the board of the Urban Land Institute Minnesota.” Economic development authority meeting of May 16, 2022 (Item No. 4a) Page 2 Title: EDA meeting minutes of April 4, 2022 It was moved by Commissioner Brausen, seconded by Commissioner Kraft, to approve the Mar. 7, 2022, meeting minutes as amended. The motion passed 6-0 (Commissioner Spano absent). 5. Unfinished business - none 6. New business - none 7. Communications - none 8. Adjournment The meeting adjourned at 6:25 p.m. ______________________________________ ______________________________________ Melissa Kennedy, secretary Margaret Rog, president Meeting: Economic development authority Meeting date: May 16, 2022 Minutes: 4b Unofficial minutes EDA meeting St. Louis Park, Minnesota April 18, 2022 1. Call to order President Rog called the meeting to order at 6:20 p.m. 1a. Roll call Commissioners present: President Rog, Tim Brausen, Sue Budd, Larry Kraft, Nadia Mohamed, and Jake Spano Commissioner absent: Lynette Dumalag Staff present: City Manager (Ms. Keller), City Attorney (Mr. Mattick), Interim Information Resources Director (Ms. Smith) 2. Approval of agenda It was moved by Commissioner Spano, seconded by Commissioner Brausen to approve the EDA agenda The motion passed 6-0 (Commissioner Dumalag absent). 3. Approval of consent agenda and consent calendar 3a. Adopt EDA Resolution No. 22-09 supporting submission of a grant application to the Hennepin County Business District Initiative program for the Texa Tonka commercial node. 3b. • Adopt EDA Resolution No. 22-10 authorizing the submission of a grant application to the Hennepin of the County Environmental Response Fund Program on behalf Wooddale Avenue Apartments (former Aldersgate Methodist Church site). • Adopt EDA Resolution No. 22-11 authorizing the submission of a grant application to the Metropolitan Council Tax Base Revitalization Account for Wooddale Avenue Apartments. 3c. • Motion to adopt EDA Resolution No. 22-12 authorizing the submission of a grant application to the Department of Employment and Economic Development (DEED) Contamination Clean-up Grant Program on behalf of Wooddale Station LLC. • Motion to adopt EDA Resolution No. 22-13 authorizing the submission of a grant application to the Metropolitan Council Tax Base Revitalization Account on behalf Wooddale Station LLC. Economic development authority meeting of May 16, 2022 (Item No. 4b) Page 2 Title: EDA meeting minutes of April 18, 2022 • Motion to adopt EDA Resolution No. 22-14 authorizing the submission of a grant application to the Hennepin County Environmental Response Fund Program on behalf Wooddale Station LLC. 3d. Adopt EDA Resolution No. 22-15 approving a temporary construction easement on 5950 36th Street West between the EDA and the Metropolitan Council to allow for the completion of the Green Line Extension/SWLRT Wooddale Avenue Station. It was moved by Commissioner Brausen, seconded by Commissioner Kraft to approve the consent agenda as presented. The motion passed 6-0 (Commissioner Dumalag absent). 4. Approval of EDA minutes - none 5. Unfinished business - none 6. New business - none 7. Communications – none 8. Adjournment The meeting adjourned at 6:25 p.m. ______________________________________ ______________________________________ Melissa Kennedy, secretary Margaret Rog, president Meeting: Economic development authority Meeting date: May 16, 2022 Minutes: 4c Unofficial minutes EDA meeting St. Louis Park, Minnesota March 21, 2022 1. Call to order President Rog called the meeting to order at 6:20 p.m. 1a. Roll call Commissioners present: President Rog, Tim Brausen, Sue Budd, Lynette Dumalag, Larry Kraft, and Jake Spano Commissioners absent: Nadia Mohamed Staff present: City Manager (Ms. Keller), Redevelopment Administrator (Ms. Monson), City Attorney (Mr. Mattick), Executive Director/Community Development Director (Ms. Barton), Deputy City Manager/Operations and Recreation Director (Ms. Walsh), Engineering Director (Ms. Heiser), Interim Information Resources Director (Ms. Smith) 2. Approval of EDA agenda It was moved by Commissioner Brausen, seconded by Commissioner Dumalag, to approve the EDA agenda as presented. The motion passed 6-0 (Commissioner Mohamed absent). 3. Approval of EDA consent agenda 3a. First amendment to preliminary development agreement – Wooddale Station LLC (Ward 2) EDA Resolution No. 22-03 It was moved by Commissioner Budd, seconded by Commissioner Spano, to adopt EDA Resolution No. 22-03 Approving the First Amendment to the Preliminary Development Agreement between the EDA and Wooddale Station LLC relative to the Wooddale Station Redevelopment Site. The motion passed 6-0 (Commissioner Mohamed absent). 4. Approval of EDA minutes – none 5. Unfinished business – none 6. New business Economic development authority meeting of May 16, 2022 (Item No. 4c) Page 2 Title: EDA meeting minutes of March 21, 2022 6a. Establishment of the 9920 Wayzata Blvd Tax Increment Financing District (Ward 4) EDA Resolution No. 22-04, EDA Resolution No. 22-05, EDA Resolution No. 22-06 Ms. Monson presented the report. Commissioner Brausen asked if this proposal involves taking down the three billboards on the property. Ms. Monson stated that is correct. Commissioner Brausen noted billboards such as this are no longer allowed to be used in St. Louis Park. He asked if the contractor voluntarily agreed to remove the billboards. Ms. Monson stated yes, that is correct. Commissioner Dumalag stated she appreciated the report and particularly information on diversity goals for the project. She also appreciated the list of subs and asked if they could meet the goals on page 9. Ms. Monson stated those are goals established by MN Housing, however, they are goals and not requirements so she cannot guarantee they will meet all goals. She stated the developer has pointed out ways they will strive to meet the goals and staff will work with the developer on the goals as well. Commissioner Dumalag appreciated that and added she also appreciated statements on the developer’s own journey related to racial equity. Commissioner Brausen stated after years of discouraging various projects on this site including auto dealerships to parking ramps for auto dealerships, the city has before it a housing project that will finally further the goals of the city, on land that has sat vacant for over a decade. He stated the Bigos proposal includes 233 new housing units, including 47 units at 50% of the area median income, many of which are family sized. He added this and all the sustainability features included make him excited to support this proposal. He stated there will be a TIF request of $6.3 million and that is substantial but makes sense for this project and should be paid back to the city in 14.5 years approximately. He stated there are substantial remediation costs at the site, where we are entitled to reimburse the developer for their expenses. Commissioner Brausen stated the proposal meets and is consistent with the TIF policy adopted by the city council and recommended by Ehlers, the city’s financial consultant, who has reviewed the policy in depth and negotiated with the developer prior to recommending this amount of assistance necessary for the development to move forward and be feasible. He explained there is a “but-for” test and it is a recommendation our financial consultant could not make with the prior proposal, which staff worked on for 2 years. He noted the property owned by the developer currently generates about $45,000 annual in property taxes and the city will continue to collect this while the TIF is paid, which are additional tax revenues. He added the city will have new housing units, 47 of which are affordable, noting this is a fine example of sustainable development incorporating both affordable housing and significant sustainability features on these long vacant parcels. He stated if we funded a similar request in the past, the TIF loan would have almost been paid off by now. He added it is time to move forward and asked the council to join him in supporting this proposal. Economic development authority meeting of May 16, 2022 (Item No. 4c) Page 3 Title: EDA meeting minutes of March 21, 2022 Commissioner Kraft stated he was impressed with the contractor’s experience with sustainable projects and appreciated information provided on their approach working with minority and women-owned businesses, wage theft issues, and safety precautions. He added he would be interested in an update on how this is going mid-way through the project. He agreed with the comments made by Commissioner Brausen. He did appreciate that the previous development was rejected for too high of a TIF request. He stated this project meets the TIF policies the city has, and he will support this. Commissioner Kraft stated there are some items that bother him, including reimbursement of a green building premium and solar panels listed in the total extraordinary costs. He stated this has bothered him in other requests and to him, the extraordinary cost to St. Louis Park is not building green, which would be higher utility bills, more air and water pollution, and less green space. He stated these items generate a return as the building is operated and they should not be considered extraordinary. He added because the state has not been able to put in a more suitable energy code for Minnesota, the city is investing in this, adding this is something we need to look at over time as it creates a return, and he wants to make sure this is built into the process. President Rog stated she will oppose this TIF request, not because she wants to stop this from being built, but because she is concerned the message being sent to developers is that TIF is readily available in St. Louis Park. This includes projects that could conceivably go forward without public subsidy, and which would support the budget and invest in strategic priorities like racial equity, climate action, and without increasing the burden on today’s taxpayers. She pointed out the tax increases currently are at 5-6% each year and do not include the EDA and HRA levies. President Rog stated she noted her concerns about the gap that emerges when adding more residents who utilize police, fire, parks, roads, sidewalks, and all the things property taxes support. She noted that the taxes new residents pay are not commensurate with the services they will receive for one or two decades or more. She stated that is a hidden cost of TIF over which she is concerned. She added that citywide, there are 2,500 new units coming online and are TIF supported, with an estimated 4,000+ new residents. She stated many of these projects are on properties with low- base property value on which the tax bill will be calculated for 10-20 years or more and increasingly, her concern is for today’s residents, especially seniors, low- and moderate- income earners and business owners who are truly burdened by their property taxes today, especially given sky-rocketing valuations. President Rog stated in light of current conditions, she would like more discernment with TIF right now, to leave space for projects that are fully funded with private money as a viable way to achieve the city’s goals and thereby keeping tax increases more modest. She stated her rationale for not supporting TIF is as follows: Affordability at $4.4 million results in just 2 three-bedroom rental units, 16 two-bedroom units and 29 one-bedroom units for singles or small families earning 50% AMI or less. She stated this does not hit the sweet spot with the type of housing the city needs, including affordable units and ownership options. She agreed with Commissioner Kraft that the costs for solar panels as well as EV charging stations and bike storage all have significant ROI over time, and she hopes this can be discussed further. Economic development authority meeting of May 16, 2022 (Item No. 4c) Page 4 Title: EDA meeting minutes of March 21, 2022 President Rog stated to be clear she is not unilaterally opposed to TIF, noting it can be a very useful tool, and something she will support at the Beltline Station development. She pointed out those living there will pay less in taxes than they will cost the city, which impacts the city’s bottom line. For this reason, she believes they need to be more discerning with TIF and encourages developers to have a Plan B if their development does not rise to the top. She noted that by continuing to provide a public subsidy for almost every private development that comes before the EDA, to ensure investors get their ROI, especially for rental projects, the EDA is perpetuating the status quo around the wealth gap and disparities and kicking the ball farther down the road for the changes they want to see in the community. With that, President Rog stated she will vote against this TIF. It was moved by Commissioner Brausen, seconded by Commissioner Spano, to adopt EDA Resolution No. 22-04 decertifying the Wayzata Boulevard Tax Increment Financing District (a redevelopment district), EDA Resolution No. 22-05 approving the establishment of the 9920 Wayzata Boulevard Tax Increment Financing District (a housing district), and EDA Resolution No. 22-06 authorizing an Interfund Loan for advance of certain costs in connection with the administration of the 9920 Wayzata Boulevard TIF District. The motion passed 5-1 (President Rog opposed, Commissioner Mohamed absent). 6b. Public Hearing – Purchase and redevelopment contract with Bigos – 9920 Wayzata, LLC – 9920 Wayzata Blvd (Ward 4) EDA Resolution No. 22-07 Ms. Monson presented the report. President Rog opened the public hearing. No speakers were present. President Rog closed the public hearing. It was moved by Commissioner Brausen, seconded by Commissioner Spano, to adopt EDA Resolution No. 22-07 approving the Purchase and Redevelopment Contract between the EDA and Bigos -9920 Wayzata, LLC. The motion passed 5-1 (President Rog opposed, Commissioner Mohamed absent). 7. Communications – none 8. Adjournment The meeting adjourned at 6:50 p.m. _____________________________________ ______________________________________ Melissa Kennedy, secretary Margaret Rog, president Meeting: City council Meeting date: May 16, 2022 Presentation: 2a Executive summary Title: Caring Youth proclamation Recommended action: Mayor to read the Caring Youth proclamation Policy consideration: Does the council wish to recognize the 2022 Caring Youth Recognition honorees? Summary: The Roland and Doris Larson Caring Youth Recognition is a communitywide event that began in 1989, honoring youth for their spirit of caring and concern for others in the City of St. Louis Park. Honorees must be in grades 6 through 12 and either live in, attend school in or volunteer in St. Louis Park. Volunteer work must be unpaid and not a requirement for a class or co-curricular program, and not previously recognized with an award by another organization. This year’s honorees are: • Pedro Ramirez-Alvarez, Children First • Olivia Wasgatt, St. Louis Park Police Explorers • Amelia Lewis, St. Louis Park Parktacular Ambassador Program • Catie Miller, St. Louis Park Parktacular Ambassador Program • Renee McSherry, Westwood Hills Nature Center Junior Naturalist Program • Emma Coen-Pesch, Westwood Lutheran Church Financial or budget considerations: None Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Proclamation Prepared by: Jacque Smith, interim information resources director Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 2a) Page 2 Title: Caring Youth proclamation Proclamation 2022 Caring Youth Recognition honorees Whereas, the Roland and Doris Larson Caring Youth Recognition is a community-wide event that began in 1989, honoring youth for their spirit of caring and concern for others in the City of St. Louis Park; and Whereas, honorees must be in grades 6 through 12 and either live in, attend school in or volunteer in St. Louis Park.; and Whereas, volunteers are an essential part of St. Louis Park, vital to our future as a caring and productive community; and integral to our commitment to create opportunities to build social capital through community engagement; and Whereas, these youth volunteers have made a difference through their hard work, dedication and outstanding contributions to the St. Louis Park community; and Whereas, the following youth are the 2022 Caring Youth Recognition honorees; • Pedro Ramirez-Alvarez, Children First • Olivia Wasgatt, St. Louis Park Police Explorers • Amelia Lewis, St. Louis Park Parktacular Ambassador Program • Catie Miller, St. Louis Park Parktacular Ambassador Program • Renee McSherry, Westwood Hills Nature Center Junior Naturalist Program • Emma Coen-Pesch, Westwood Lutheran Church Now therefore, let it be known that the Mayor and City Council of the City of St. Louis Park, Minnesota, do hereby proclaim these six youth as the 2022 Caring Youth Recognition honorees. Wherefore, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 16th day of May 2022. _________________________________ Jake Spano, mayor Meeting: City council Meeting date: May 16, 2022 Presentation: 2b Executive summary Title: Recognition of donations Recommended action: Mayor to announce and express thanks and appreciation for the following donation being accepted at the meeting and listed on the consent agenda: From Donation For Neelam and Deepak Sethi $2,200 Purchase of a memorial bench at Wolfe Park honoring Peachy Sethi Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None Prepared by: Chase Peterson-Etem, office assistant Approved by: Kim Keller, city manager Meeting: City council Meeting date: May 16, 2022 Minutes: 3a Unofficial minutes City council study session St. Louis Park, Minnesota Feb. 28, 2022 The meeting convened at 6:40 p.m. Councilmembers present: Mayor Jake Spano, Sue Budd, Lynette Dumalag, Larry Kraft, Nadia Mohamed, and Margaret Rog Councilmember absent: Tim Brausen Staff present: City Manager (Ms. Keller), Deputy City Manager/Director of Operations and Recreation (Ms. Walsh), Community Development Director (Ms. Barton), Engineering Director (Ms. Heiser), City Clerk (Ms. Kennedy) Elections Specialist (Mr. Sund), Redevelopment Administrator (Ms. Monson), Economic Development Manager (Mr. Hunt), Communications Manager (Ms. Smith) Guests: 1. Community and civic engagement system introduction Mr. Sund presented the report and gave an overview of how the city has approached community and civic engagement in the past and considerations going forward. Councilmember Budd asked if neighborhood associations fit in with civic engagement. Mr. Sund stated yes, neighborhood associations are a great resource the city utilizes to promote engagement. Councilmember Mohamed asked if the engagement strategy used depends on the project. Mr. Sund stated yes, staff considers what the goals of outreach and engagement are for a particular project or initiative and then designs the strategy based on how the public will be involved in the process. Ms. Kennedy stated as a representative government the city’s role is often to inform residents of council actions. However, engagement is a spectrum, and the city does have opportunities to use strategies that move beyond informing and include consulting, involving, or collaborating. As council discusses topics within this system, staff would like them to consider if current strategies are meeting the needs of the community and achieving the goals and outcomes the council wants to see. Councilmember Rog asked if technology will be interwoven into these conversations and discussions. She asked how lack of technology and access will play into this. Mr. Sund stated technology and accessibility are very important components when designing engagement strategies because the city wants to provide opportunities that serve a broad audience. Councilmember Rog stated things seem to go better when the city is clear about expectations in communications to the public. She noted it would be good to find ways to help people understand processes better and learn about the opportunities for participation and what does City council meeting of May 16, 2022 (Item No. 3a) Page 2 Title: Study session minutes of February 28, 2022 or does not impact the decision-making process. She noted there are challenges with public initiatives if a councilmember does not take something on as an issue. She added this might be a place for public forums, outside of things council is initiating. Ms. Kennedy stated staff is supportive of looking into ways to make processes more accessible and transparent and setting clear expectations with the public on their role and how they can engage with the council. Councilmember Dumalag stated she would be curious to see how consulting could be involved moving forward and looking at being creative on how the city engages with residents. Councilmember Kraft stated he likes the question about the goal of engagement and what does success look like. He asked what staff envisions as an answer to this. Mr. Sund stated staff needs to generally understand what council’s expectations or goals are for community engagement so strategies can be designed to meet those objectives. Councilmember Kraft stated that time will need to be built into the process. He asked staff what they want from council for this topic tonight. Mr. Sund stated staff wanted to begin with an initial overview to start from a place of common understanding in terms of how public participation is discussed and defined. He noted the goal is that the council understands and is supportive of the framework. Councilmember Rog stated engaging the public on developments and pavement management projects is important and something that needs to be discussed specific to certain areas. She noted there is a need to adjust public engagement here and notifications about neighborhood meetings. Mr. Sund stated this will be discussed when talking about process outcomes. Mayor Spano stated by and large the city’s community engagement is excellent. He noted some folks choose not to engage until something comes up, which is fine. He added it would be helpful to know the strategies being used for different projects or initiatives. He stated he appreciates a feedback loop of what worked and what did not. He noted discussing infrastructure projects with residents that are going into neighborhoods seems to be where there is an increase in engagement, and when people seem to feel things are being done to them versus with them. He is very interested in this and exploring ways the council can better support these efforts. He stated he appreciated going through this discussion and did not recall seeing engagement presented like this in the past. Councilmember Mohamed stated she is liking this conversation and noted this will be a shared responsibility and shared ownership of decisions with residents, adding she likes where this is going. She added it is important to always consider who is at the table when decisions are being made. Councilmember Rog noted work groups, or ad hoc groups, along with neighborhood groups, help to engage the community and can be an important tool. Councilmember Dumalag stated she would be interested in expanding existing boards and commissions workplans to include them in the public engagement process. City council meeting of May 16, 2022 (Item No. 3a) Page 3 Title: Study session minutes of February 28, 2022 Mayor Spano stated he will be curious if there is a way to try to provide opportunities and resources for people who might not step forward or are hesitant to step forward into a difficult space, how will their voice get heard, and their thoughts reflected. Ms. Kennedy stated alternative forms of engagement are appreciated when offered and staff continues to look for ways to broaden the scope of opportunities to allow for meaningful communication. Councilmember Budd added she wants to be sure the community is reflected within this process. Mr. Sund stated yes, adding racial equity and inclusion will be reflected within the process. 2. Business terms for purchase and redevelopment contract with Bigos – 9920 Wayzata, LLC (Ward 4) Mayor Spano referenced concerns when Meadowbrook became Era on Excelsior. He noted there is no mechanism to ensure a smooth transition in cases such as this and asked what might staff have in place to avoid issues in the future when in a similar situation. Ms. Monson stated the housing department has adopted several processes that deal with rental properties, turnover, and how it is handled. Ms. Barton added anytime a NOAH property changes hands, the renters are protected for 90 days from eviction without cause or having rents raised. She added the 7-day notice was added due to non-payment of rent or other financial obligations. She noted the city did away with the crime-free requirements as well. Mayor Spano asked how this property is being managed. Ms. Barton stated Bigos accepts more housing choice vouchers than others do, and the city has a good working relationship with Bigos. She added tenants don’t have any issue with Bigos Management and there have been no problems. She stated there have been no concerns and they work through any issues with city staff. Councilmember Rog stated there are 233 units proposed and asked if there are 186 market rate units. Ms. Barton stated yes, that’s correct. Councilmember Rog noted this leaves 47 units that are affordable at 50% AMI and of those, 20 are 1-bedroom, 18 are 2-bedroom, and 2 are 3- bedroom. Mr. Neuman from Bigos stated there are 10 alcove units, 16 are 1-bedroom units, 3 are 1- bedroom plus den units, 16 are 2-bedroom units, and 2 units are 3-bedroom units. Councilmember Rog stated alcove and 1-bedroom plus den would be 1-2 people. She noted the income range to qualify for those affordable units would be $36,000 for 1 person. Ms. Barton stated it depends on the size of the family renting the unit. Councilmember Rog asked if there are other mass transit options near the site. Ms. Monson stated there are rapid bus routes with direct access to downtown and no others planned at this time. She added the Hopkins Crossroad park-and-ride ramp is close, just to the east. Councilmember Rog asked if the city ever looks at transit options for those at 50% AMI that may not have access to vehicles. Ms. Monson stated Met Council reviews all the city’s transit City council meeting of May 16, 2022 (Item No. 3a) Page 4 Title: Study session minutes of February 28, 2022 routes every few years to see who they serve and what the routes are. She noted they will review SWLRT routes as well. Councilmember Rog asked how successful the city is in getting routes set up with Metro Transit. Ms. Monson stated very successful and noted a recent update on the Louisiana Avenue route, where there is a lot of NOAH housing, and those routes provide transit that now serve longer periods of time. Councilmember Rog asked how council can work with staff on requests related to transit routes from community members. Ms. Barton stated passing comments along to staff directly is the best way. Ms. Monson added staff will continue to look at transit route options ongoing. Councilmember Rog stated for the next 15 years, this projects housing will pay into the city $50,000 per year which will be divided between the city, county, and school district. She asked if staff feels this is adequate income to cover the mental health calls, public safety needs, increased traffic, and road construction. Ms. Monson stated as part of the TIF requirements, staff reaches out to public safety staff and asks if they need additional resources related to a development. With this particular development, public safety staff have indicated they do not need any additional resources to serve these households. Councilmember Rog stated there are some amenities and asked if any are public amenities. Ms. Monson stated they are all private. Councilmember Rog asked what the triggers for the inclusionary housing policy are. Ms. Monson stated a TIF request or a PUD rezoning requires developments adhere to the inclusionary housing policy. She mentioned that the developer is proposing doubling the requirements of the inclusionary housing policy. Councilmember Rog asked if the developer was not receiving TIF, would they still be required to provide 10% at 50% AMI. Ms. Monson stated yes because they received a PUD. Councilmember Dumalag asked about the racial equity hiring requirements and how the construction company will be implementing the city’s racial equity goals to this project. Ms. Monson stated staff met with the construction company to go over racial equity goals and noted they have experience providing the business enterprise process in leadership or ownership but have less experience with workforce. She added they are interested in doing this. Councilmember Kraft asked the Bigos team what their overall view and strategy is around affordable housing. Mr. Hedberg of Bigos stated they have 9,500 units in their portfolio and of that 45% are naturally affordable, which is about 4,000 units that are lower than 60% AMI. He added they have 5 affordable communities in their portfolio which are Section 8 and have been under their management for over 30 years. He also noted within the last 4 years, they have invested over $4 million into those existing units. Councilmember Kraft asked if it is important to them. Mr. Hedberg stated yes, it is very important to them. City council meeting of May 16, 2022 (Item No. 3a) Page 5 Title: Study session minutes of February 28, 2022 Councilmember Kraft asked about Bigos commitment to sustainability of places they build and own. Mr. Hedberg stated they have built a couple buildings in the last few years, adding electric car charging stations. He noted they are very excited about the city’s requirements for solar and are looking at this more deeply, as well as looking to implement solar on another project as well. Mr. Reardon of ESG Architecture stated they will follow the energy design standards and the city’s green building policy as well as the rating system and SB2030. He added some notable features include 30% reduction in building water usage interior, 50% building reduction on the exterior, low flow fixtures, green materials, and a 75% reduction in construction waste and redirection, as well as the solar on the roof noted earlier. Councilmember Kraft referenced wage theft and unsafe working conditions and asked what they put in place to ensure this does not happen. Mr. Neumann from Bigos stated they have discussed this with city staff and the construction company, noting this has not come up, but they are more than willing to post the labor standards posters at the site, as well as certified payroll, if required. He added they will increase visibility on the site on who to contact if there is a suspicion of wage theft. He stated Bigos is notable as a top workplace and has top ratings, adding safety is something they take seriously. Mr. Hedberg stated the construction company is a national company, has an extremely good rating for safety, and that is one of the main reasons Bigos selected them, noting period safety checks are also done on all sites. Mr. Bigos stated he is excited to move forward on this project, noting it will be a great addition to the community with 47 affordable units. Councilmember Rog stated she will vote against this TIF request as the city is too generous with TIF. She stated with this project, she is concerned with the low base rate and the impact on tax revenue and levies going forward, adding there is not enough public benefit here with only 47 affordable units, and the majority being alcove and 1-bedroom units which is not necessarily what is needed in St. Louis Park. She noted there will also be greenhouse gas emissions to deal with, and she will not support this. Mayor Spano stated this is a bitter pill to swallow, but he will support it because it will be of benefit to the community. He has not had a conversation with Mr. Bigos as to what happened in the transition of Meadowbrook to Era, even though that property needed help and investment. But he noted the way folks were treated there was heartbreaking and difficult, and he wanted to have an opportunity to discuss it. Mr. Bigos stated he appreciated that. He explained they did talk about this internally and what should have been done, but also noted the degree of crime in the building and unsafe issues. He stated they tried to tackle too many things too quickly and that was their mistake. Mayor Spano appreciated Mr. Bigos comments and stated he will support the project as will Councilmember Brausen. City council meeting of May 16, 2022 (Item No. 3a) Page 6 Title: Study session minutes of February 28, 2022 Councilmember Mohamed stated she will not support this either and agreed with Councilmember Rog’s comments. She stated possibly the city’s funding should go into homeownership versus rental. Councilmember Kraft stated he would like to think more about this, but does see some good things about it, especially since it has been a problematic place. He added it does meet city policy goals and the payback period of 15 years is on the high end, which gives him pause, but he will still consider this project. Mayor Spano asked staff for an estimate on how long it has taken for TIF notes to be paid off. Mr. Hunt stated typically TIF notes are paid off earlier and the city uses very conservative estimates, which do not include inflation. Councilmember Dumalag stated she would like more specifics from staff on the racial equity information related to this project as well as more information on the construction company, who their subs are, and if there have been previous violations. She noted these items would weigh in on her decision whether to support this project or not. Councilmember Budd asked for clarification on the actual yearly TIF amount. Mr. Hunt stated the annual TIF payment to the developer is approximately $616,000. He stated after 14.5 years it will provide $6.3 million on the net present value. Communications/meeting check-in (verbal) Ms. Keller stated the Park and Rec brochure went to press today, and will be mailed out March 12, while registrations start March 16. Ms. Keller added the Wooddale Station Development Neighborhood meeting will be virtual and is scheduled for March 3 at 6:30 p.m., with more details on the city website. Councilmember Rog noted the Beltline meeting had a very low turnout and she hoped there would be more opportunities for feedback. She noted the developer is asking for feedback from the community and what residents are looking for in the area. She stated she will meet with Ms. Barton about creating more engagement around this project. The meeting adjourned at 8:34 p.m. 3. January monthly financial report 4. Fourth quarter investment report (Oct. – Dec. 2021) 5. Update on Sherman Associates’ proposed Beltline Boulevard Station Redevelopment (Ward 2) ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: May 16, 2022 Minutes: 3b Unofficial minutes City council meeting St. Louis Park, Minnesota March 7, 2022 1. Call to order Mayor Spano called the meeting to order at 6:30 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Larry Kraft, Nadia Mohamed, and Margaret Rog Councilmembers absent: none Staff present: City Manager (Ms. Keller), City Attorney (Mr. Shepherd), Deputy City Manager/Operations and Recreation Director (Ms. Walsh), Police Chief Harcey, Fire Chief Koering, Community Development Director (Ms. Barton), Redevelopment Administrator (Ms. Monson), Interim Information Resources Director (Ms. Smith) Guests: Will Anderson, Sherman & Associates 2. Presentations 2a. Introduction and welcome of new Community Emergency Response Team (CERT) members Fire Chief Koering introduced 12 new members of the CERT group. He noted members act as resources in the community and are trained to assist at events or support professional responders in efforts to make the community more resilient. Councilmember Rog thanked the group for their commitment to the community. 2b. Police officer oath of office Police Chief Harcey presented the newest St. Louis Park police officer, Allie Holloway, who took the oath of office. Police Chief Harcey noted Officer Holloway’s service-mindedness, adding she came to the department from the CSO program. He commented on Officer Holloway’s strong work ethic and background, adding she has completed all her field training and is now working on the middle shift within the department. Mayor Spano congratulated and thanked Officer Holloway and her family, on behalf of the city council. City council meeting of May 16, 2022 (Item No. 3b) Page 2 Title: City council meeting minutes of March 7, 2022 2c. 2022 Arbor Day and month proclamation Mayor Spano noted May is Arbor month, and Sat., May 7, 2022, is Arbor Day. He read the proclamation into the record. Councilmember Kraft stated this past weekend, in Weber Woods, the trees were cut down substantially. He noted this is part of a large project that, among other things, addresses flooding issues in parts of Edina. He stated cutting down these trees probably was a very difficult decision, but as far as he can tell, it was a carefully considered project. He continued, it is a sad thing, however, and noted climate change will force many of these heartbreaking decisions, but he highlighted the work of Roy and Bonnie Griffin and acknowledged their work on behalf of these trees. He noted they campaigned, drew a picture of the Lorax, and did things to try to preserve the trees. He stated that approach is absolutely brilliant organizing and reaches people in an emotional way. Councilmember Kraft stated while Weber Woods cannot be brought back, he wanted the Griffin children to know they have been heard. He added we can put more effort and resources into maintaining and increasing our own tree canopy. He stated later this week with Councilmember Rog’s leadership, a study session topic to discuss ideas on this will be submitted. He added Bonnie and Roy’s advocacy has increased his desire to work on this and hopes the council will be receptive to working on this as well. He again thanked the Griffin children for their passion and work and wanted them to know they have been heard. Mayor Spano added he hopes the children will both come to the upcoming Arbor Day events and help with tree planting in May. Councilmember Rog stated the city has ramped up efforts for folks to rapidly increase the amount of trees in the community. She noted there is free delivery and planting of trees, with discounted rates for those living in environmental justice areas, adding there is more to come on this. 2d. Recognition of donations Mayor Spano recognized a donation for the Operations and Recreation Department totaling $1,675.00 in memory of Richard Johnson. 3. Approval of minutes 3a. City council meeting minutes of Jan. 3, 2022 Councilmember Brausen noted on page 7, it should read, “…isn’t” versus “is” within his comments. Councilmember Dumalag noted on page 5, paragraph 6, it should read, “…she has stated usually the outdoor play area is the most challenging to achieve because it may be in an City council meeting of May 16, 2022 (Item No. 3b) Page 3 Title: City council meeting minutes of March 7, 2022 area that takes up parking stalls…” and “She is glad this is tied to a state requirement because if our requirements are more stringent than neighboring cities, we could lose an opportunity for daycares.” It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve the city council meeting minutes of Jan. 3, 2022, as amended. The motion passed 7-0. 3b. Study session meeting minutes of Jan. 10, 2022 Councilmember Dumalag noted on page 8, paragraph 2, it should read, “…also as the virus continues to spread in our community, the more opportunity it has to mutate into another variant and that is why she supportive of the mandate.” It was moved by Councilmember Mohamed, seconded by Councilmember Brausen, to approve the study session meeting minutes of Jan. 10, 2022, as amended. The motion passed 7-0. 3c. City council meeting minutes of Jan. 18, 2022 It was moved by Councilmember Rog, seconded by Councilmember Mohamed, to approve the city council meeting minutes of Jan. 18, 2022, as presented. The motion passed 7-0. 3d. Study session meeting minutes of Jan. 24, 2022 Councilmember Kraft noted on page 4, 2nd paragraph, it should read, “…one of the most egregious things that happened was that officers did not intervene and that this is an indictment of the police department’s culture…” He also noted on page 8, 2nd paragraph, it should read, “…inclusionary housing policy might be adjusted.” It was moved by Councilmember Kraft, seconded by Councilmember Brausen, to approve the study session meeting minutes of Jan. 24, 2022, as amended. The motion passed 7-0. 3e. City council workshop meeting minutes of Jan. 27-28, 2022 Mayor Spano noted every year the council does a 2-day workshop devoted to assuring the council and senior staff are a high functioning team and it involves a lot of relational learning and focuses on how the team works together. He thanked the council for their participation this year at the workshop. City council meeting of May 16, 2022 (Item No. 3b) Page 4 Title: City council meeting minutes of March 7, 2022 It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve the city council workshop meeting minutes of Jan. 27-28, 2022, as presented. The motion passed 7-0. 4. Approval of agenda and items on consent calendar 4a. Accept for filing city disbursement claims for the period of Jan. 29 through Feb. 25, 2022. (This item was removed from the consent calendar and considered as regular agenda item 8b) 4b. Adopt Resolution No. 22-038 approving acceptance of donations to the Operations and Recreation Department totaling $1,675.00 in memory of Richard Johnson. 4c. Adopt Resolution No. 22-039 approving final plans and specifications, and authorizing advertisement for bids (4022-1500). (Ward 2) 4d. Approve the amendment to the existing agreement with Golden Valley for purchase, operation, and maintenance of the emergency command center vehicle. 4e. Adopt resolution supporting housing and local decision-making authority. (This item was removed from the consent calendar and considered as regular agenda item 8c) 4f. Adopt resolution rescinding Resolution No. 18-085 and approving updated city assessment policy to permit the city to specially assess the cost of energy improvement projects. (This item was removed from the consent calendar and considered as regular agenda item 8d) 4g. Approve the first reading of Ordinance 2635-21 correcting omissions for recording. 4h. Designate Hydro-Klean, LLC as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $412,597.20 for the sanitary sewer mainline rehabilitation project no. 4022-3000. 4i. Approve for filing planning commission minutes of Feb. 2, 2022. Councilmembers Dumalag, Brausen, and Kraft requested that consent calendar item 4a, 4e and 4f be removed and placed on the Regular Agenda to 8b, 8c and 8d, respectively. It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to approve the agenda and items listed on the consent calendar as amended to move consent calendar items 4a, 4e, 4f to the regular agenda as items 8b, 8c, 8d respectively; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and commissions - none 6. Public hearings - none 7. Requests, petitions, and communications from the public - none 8. Resolutions, ordinances, motions and discussion items City council meeting of May 16, 2022 (Item No. 3b) Page 5 Title: City council meeting minutes of March 7, 2022 8a. Beltline Station Development Comprehensive Plan Amendment (Ward 2) Resolution No. 22-040 Ms. Monson presented the staff report. Councilmember Rog stated she supports this item. She likes the iconic design, the nod to Lilac Way, the affordable 2- and 3-bedroom units, totaling 67 units, the sustainability and the plaza art with community centered programming. She asked the developer when the grocery store would be complete. Mr. Anderson stated it would be completed in March 2024, at the same time as building number one. Councilmember Rog asked what efforts are being made to match the employees of the grocery store to affordable units. Mr. Anderson stated there has not been much engagement related to that workforce, but this is an opportunity to advance those conversations with the grocer. He added they are hopeful those working in the building will live there as well. Councilmember Rog stated sometimes there is a mismatch on workforce and affordability within the unit, and she appreciates the developer looking into this. She noted the co-op was a long process and there was a strong desire in the community to having this. She asked what the barriers were to closing this deal. Mr. Anderson stated he could not speak to this specifically, but noted the pandemic generally was the primary driver. Councilmember Rog asked how large the non-grocery retail area will be. Mr. Anderson stated approximately 2,000 square feet on the corner. She asked if that would be broken up or one store. Mr. Anderson stated it could be broken up, but usually would be one space, such as a coffee shop or small retail spot. Councilmember Rog asked what the process will be on getting further input on what will be in the retail space. Mr. Anderson stated they are working on this, including targeted engagement on Facebook and Nextdoor. Councilmember Rog stated this central location in the community will be very busy and should be looked at as an opportunity to elevate a locally-owned business in order to keep that money in the community rather than be farmed out to a chain. Councilmember Rog noted the cottonwood trees on the property and asked when they will be removed. Mr. Anderson stated sometime this summer. Councilmember Rog stated she heard there was eagle population living in those trees and asked how is that managed. Mr. Anderson stated they completed an EAW on the site, which was approved, and he will reach out to see if there is new environmental impact. Ms. Monson stated the trees would need to be removed in June, and the EAW did not identify eagles nesting there, so that would need to be looked at. Councilmember Rog stated there is a splashpad associated with the affordable unit and asked how many months that would be open. Mr. Anderson stated through the City council meeting of May 16, 2022 (Item No. 3b) Page 6 Title: City council meeting minutes of March 7, 2022 summer. Councilmember Rog pointed out there is wonderful public rec center with a pool and splashpad 2 blocks from the development and one idea would be to provide free passes for those living in the affordable building, and then find another year-round amenity instead, such as larger play equipment, grill area, or prairie or natural open space, considering there is this public amenity close by. Councilmember Rog asked where traffic will be rerouted during construction when the frontage road is removed. Ms. Monson stated the removal of the frontage road is included in the SWLRT plans and likely Sherman will remove that for SWLRT. She also noted a backage road has already been installed and could be a detour route leading back to CSAH 25. Councilmember Rog stated there has been lots of rerouting and construction back there the last couple of years and asked staff to be mindful of residents in that area as construction proceeds. Ms. Monson stated any detours should have minimal impact. Mayor Spano noted he and Councilmember Rog, along with staff, were working to not have as many park and ride spots there, but those parking spots are what helped get the funding for the project, so they will not be removed. It was moved by Councilmember Brausen, seconded by Councilmember Rog, to adopt Resolution No. 22-040, approving the amendments to the 2040 Comprehensive Plan Future Land Use Plan Map, as well as related figures and tables. The motion passed 7-0. 8b. Accept for filing city disbursement claims for the period of Jan. 29 through Feb. 25, 2022 Councilmember Dumalag noted she has a conflict of interest here as she serves on the board of the Urban Land Institute, one of the companies receiving disbursement, so she will recuse herself from this vote. It was moved by Councilmember Kraft, seconded by Councilmember Brausen, to approve the filing city disbursement claims for the period of Jan. 29 – Feb. 25, 2022. The motion passed 6-0-1 (Councilmember Dumalag abstained). 8c. Resolution No. 22-041 supporting housing and local decision-making authority Councilmember Brausen noted there is currently legislation before the state that limits local decision making on housing and restricts the tools, such as zoning, PUD, and other tools used for creating affordable housing. He stated these efforts are misguided as local authorities need all the tools possible to create affordable housing. By approving this item, St. Louis Park will work with other cities in the state to preserve local housing authority. He encouraged citizens to contact their representative regarding this matter. City council meeting of May 16, 2022 (Item No. 3b) Page 7 Title: City council meeting minutes of March 7, 2022 It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to adopt Resolution No. 22-041 supporting housing and local decision-making authority. The motion passed 7-0. 8d. Resolution No. 22-042 rescinding Resolution No. 18-085 and approving updated city assessment policy to permit the city to specially assess the cost of energy improvement projects Councilmember Kraft gave kudos to staff on this item and working with lobbyists and state legislatures to get this passed. He stated this is modeled on a policy for fire sprinkler systems, where a building owner can finance the cost of installing a system by having the city access the cost to their property taxes. He added now they will be able to do something similar with energy improvements for commercial properties and multi- family buildings of 5 units or more. He noted we were aiming for all buildings, but there was concern of this going into all residential areas. Councilmember Kraft added this addresses an issue relevant for smaller businesses, that the upfront cost to making energy improvement might be hard to come up with even though ongoing savings will pay for the improvements over a short period of time. He noted Phil Weber’s comments, from Park Tavern, during the recent climate emergency resolution discussion, stating that he appreciates this approach the city takes to climate action, and this fits in with it. It reduces barriers to doing the right thing and helps make it financially beneficial to do so. It was moved by Councilmember Kraft, seconded by Councilmember Budd, to adopt Resolution No. 22-042 rescinding Resolution No. 18-085 and approving updated city assessment policy to permit the city to specially assess the cost of energy improvement projects. The motion passed 7-0. 9. Communications – none. 10. Adjournment Councilmember Budd made a motion, seconded by Councilmember Mohamed to close the regular city council meeting and move into a closed executive session pursual to M.S. 13D.05 – to discuss the city manager’s six-month performance evaluation. The motion passed 7-0. The council went into the closed session at 7:11 p.m. Upon returning to the regular session, the meeting was adjourned. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: May 16, 2022 Minutes: 3c Unofficial minutes City council special study session St. Louis Park, Minnesota March 21, 2022 The meeting convened at 5:20 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Larry Kraft, and Margaret Rog Councilmembers absent: Nadia Mohamed Staff present: City Manager (Ms. Keller), Deputy City Manager/Director of Operations and Recreation (Ms. Walsh), Engineering Director (Ms. Heiser), Elections Specialist (Mr. Sund), Interim Information Resources Director (Ms. Smith), City Clerk (Ms. Kennedy), Community Development Director (Ms. Barton) Guests: 1. Public process expectations and outcomes Ms. Smith presented the report. She stated the questions from staff to council are “Does council still support the guidance provided in 2016 and what outcomes will assure the council the city has conducted a successful engagement process?” Councilmember Brausen stated he likes the application of the IAP2 criteria for public input, noting we need to be open to public input but also realize the results the council may be looking for may not ever be achieved. He added decisions will always be based on imperfect information and public input is not always the best and most accurate information. He continued public input is often the reflection of who feels most strongly about an issue as those most immediately impacted are the ones showing up. He stated it is council’s job to promote the community vision developed within the public process and ongoing public participation. He stated the council is responsible for decisions that impact the public today, in the future, and the public goes to the ballot box to elect them to do the work. Councilmember Brausen stated government allocates resources and often, those that complain loudest are doing so because the decision did not go their way. He noted staff does a good job of making robust efforts to communicate with the community, and we need to continue to expand outreach to the communities most impacted and who do not traditionally participate, because they do not have time or resources to do so. He added telephone and online surveys make sense, and in multiple languages ideally. He stated meetings during the day or on weekends would be helpful for those who have night jobs that keep them from participating. He noted incentives, like daycare or gift cards, have been discussed in the past to incentivize participation, but personally he is satisfied with the efforts being made by staff and the current structure. He added he is happy staff continues to review this issue, but noted staff is doing a great job. City council meeting of May 16, 2022 (Item No. 3c) Page 2 Title: Special study session minutes of March 21, 2022 Related to the second question posed by staff, Councilmember Brausen stated he does not see a failure of public process on issues, adding it is hard to measure outcomes. He noted the community shows up on a regular basis on a variety of issues. Councilmember Budd stated she was interested in the survey results and wondered if those are being incorporated somehow. She asked how items that went well or not well were captured and applied to the process. Ms. Smith stated this is where community workgroups are helpful because they help determine what worked well and what did not. Ms. Barton added the Vision 3.0 process made it clear people want a variety of ways to provide feedback on projects and initiatives. She stated staff has also worked with consultants to use different strategies including holding meetings outside of city hall, using the community engagement vehicle to meet people where they are at, and performing surveys. Ms. Kennedy stated elections staff utilize the community engagement vehicle quite often and have had a lot of success using it as an engagement tool. She stated there are many opportunities for interaction outside of city hall just by participating in events or activities already happening in the community. She added the pandemic also caused everyone to look for different ways to engage and staff has adapted their strategies to accommodate changing needs. Councilmember Rog asked how council decides what projects to engage deeply on, especially when sometimes there does not seem to be as much engagement from the public. Ms. Smith stated there is not always a direct correlation between the amount of work put into a strategy and the level of engagement that results. She noted the scale or scope of the decision, event, or initiative is factored into the communications strategy. Ms. Kennedy added staff does make a concerted effort to develop a communications plan or strategy that will meet the expectations of the community and the council. So, when a large project or initiative is being discussed that has the potential to impact the whole city, staff considers how to engage based on the expected role of the community. Informing the public is a different strategy and level of engagement than consulting or collaborating with the public. Ms. Barton noted when there are specific requirements on public engagement, such as legal notices, staff typically goes above and beyond to be sure there are ample opportunities for those affected to engage. Councilmember Rog stated she would advocate for broader engagement, especially with zoning and development projects as they affect so many. She stated the council should also be asking what the community needs in terms of engagement. She added there are points where the community feels frustrated about the timing of their input and the decision being made. She would like to do better by the community and hopes to keep the conversation going related to this. Ms. Kennedy reiterated staff supports being clear about expectations with the public, noting a robust public process does not always result in engagement. City council meeting of May 16, 2022 (Item No. 3c) Page 3 Title: Special study session minutes of March 21, 2022 Councilmember Rog stated she is supportive of the way public process is being handled, adding there is also the potential of moving some processes into the empowerment phase of the IAP2 spectrum when appropriate. Councilmember Kraft noted the aim should be that everyone who engages with the city says at the end, we did everything we told them we would do, even if that decision goes the wrong way. He stated staff and council mindset should be that way as it helps everyone think about how to set expectations up front. He stated staff does a good job of this but does think there might be more to do at the beginning of the process and there might be more council can do as well to set those expectations in the community. Councilmember Kraft asked staff what the biggest challenge is with this process. Ms. Smith stated there are more communication tools in St. Louis Park than many other cities and it is disappointing to sometime hear community members say they did not know about things that have been pushed out many ways and multiple times. She stated although it is frustrating, that is the reality with all the communication efforts because we cannot force people to engage. Ms. Smith stated, however, the city is also fortunate to have access to a variety of communications tools to enhance engagement. Ms. Barton added staff are not necessarily experts in community engagement and do the best they can to develop and implement effective strategies. She noted trying to connect with historically under-represented communities and determining how to effectively engage with and encourage engagement is a challenge. Councilmember Kraft stated related to the policy points, he wants to make sure he hears all sides of an issue and that everyone who wants to be involved, is involved. He noted even if people are not stepping forward, we need to look at who should be involved, and this needs to show up in the policy. He stated we do need some work on accessibility to meetings, setting expectations at the beginning of processes, and then repeating those expectations consistently would help. He does not understand why the statement “public participation works best for broad visioning” is included in the report. He stated it sounds like it is not as valuable and sometimes it is just as valuable in different ways. Councilmember Dumalag stated she supports the IAP2 guide and likes that the city has a process for this. She stated thinking about how we engage boards and commissions, and how do we know something is working. She stated boards and commissions have given council feedback they want to be more engaged, so this is something to investigate further. Mayor Spano stated producing a singular language is important. He added the purpose of community meetings is also very important and setting the rules at the onset of the meeting. He stated there might be a better way to do this at city council meetings, to be explicit. He added staff is exceptional at community engagement noting the times staff is most successful is when innovative ideas are used. He agrees with the questions staff presented and would like to also add to them. He stated there are opportunities for collaboration with the community in smaller ways -- within their neighborhoods, with items such as neighborhood grants, sidewalks, and bike trails. City council meeting of May 16, 2022 (Item No. 3c) Page 4 Title: Special study session minutes of March 21, 2022 Mayor Spano stated the second policy question related to outcomes of the public process would be where the community realizes why things are done, even if they do not necessarily agree with the final decision. Councilmember Brausen added part of the public process is proper framing and setting up the expectations, but the public must also understand how decisions are connected to strategic priorities and the visioning process. 2. Letter of Support to St. Louis Park School Board Mayor Spano suggested editing the letter to the School Board as to who the letter is coming from. The meeting adjourned at 6:15 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: May 16, 2022 Minutes: 3d Unofficial minutes City council meeting St. Louis Park, Minnesota March 21, 2022 1. Call to order Mayor Spano called the meeting to order at 6:55 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Larry Kraft, and Margaret Rog Councilmembers absent: Nadia Mohamed Staff present: City Manager (Ms. Keller), City Attorney (Mr. Mattick), Deputy City Manager/Operations and Recreation Director (Ms. Walsh), Community Development Director (Ms. Barton), Engineering Director (Ms. Heiser), Engineering Project Manager (Mr. Sullivan), Human Resources Director (Ms. Timpone), Interim Information Resources Director (Ms. Smith) Guests: Boy Scouts from Troop 46, Jim Alexander and Nkongo Cigolo, from Metro Transit 2. Presentations 2a. SWLRT construction overview and update Mr. Sullivan stated he helps to coordinate construction of the SWLRT. Mr. Alexander from Metro Transit presented a status report to council. Mr. Cigolo presented the communications status report to the council. Councilmember Kraft asked about the 2027 date and if that is an estimate. Mr. Alexander stated typically they do not give out completion dates, but this will be fine- tuned as the project goes forward, adding the Kenilworth Tunnel is the issue here. He stated they hope to complete the tunnel in 2025. Councilmember Kraft asked if they are past the phase of surprises now. Mr. Alexander stated they have a general idea of what they are up against now and have about one quarter of the tunnel completed. Councilmember Kraft asked when some of the bike trails will be open. Mr. Alexander stated it will be earlier than 2027, they are looking to open trails in Hopkins soon, noting it depends on the contractors and their equipment. City council meeting of May 16, 2022 (Item No. 3d) Page 2 Title: City council meeting minutes of March 21, 2022 Mayor Spano stated once the project is above ground, then the surprises stop. He noted some underground utilities in St. Paul were not known about during the Green Line construction. He asked if the SWLRT will be working above ground before 2025 and if things will be clearer by then. Mr. Alexander stated there are stations finished and track being laid in Eden Prairie now, but the tunnel itself is a long way out before it is finished. Mayor Spano asked when they get from Beltline to Eden Prairie, if there has been any discussion about opening up that section and having another option then to get around the Kenilworth Tunnel. Mr. Alexander stated there really is not a practical way to do that, as there are challenges because the maintenance area is on the other side of the tunnel. Mayor Spano stated projects like this are hard and do not typically get done when projected as timing and labor all factor in. He asked if monies are not coming from the cities, what is the plan for the remaining additional funds. He also noted the legislative auditor is looking into this and asked what the progress on this is. Mr. Alexander stated they welcome the audit, which is to look at the overall project, how it was developed, budget, timing, history, and personnel and will be completed over the next year. He noted the additional funding of $81 million will be advanced and they are working with the governor’s office to discuss additional funding. He stated there is no plan yet, but they are working on this. Councilmember Budd asked about the new name, Green Line Extension, what effect that has on the project, and is it wrong to continue to call it the SWLRT. Mr. Alexander stated it can still be called SWLRT, but the Met Council has started to call it the Green Line Extension, as that is what it is, and is a rebranding. He recommended cities move to the new branding. Councilmember Budd noted the cost comparisons and asked if St. Louis Park’s portion of the project is the only one still being worked on or if others are also. Mr. Alexander stated it is a mix. Councilmember Dumalag stated last year Mr. Alexander talked about the two change orders and asked if he could speak to the one in Eden Prairie. Mr. Alexander stated the change order for the Eden Prairie station was added and the Eden Prairie council endorsed it for the civil and systems work. Councilmember Dumalag asked if there are new consultants on the project for parts of the line or the entire line. Mr. Alexander stated they are still collaborating with the same consultants and construction company on the entire line. Councilmember Dumalag stated there are three stations in the city with a lot of development and asked, as far as timing, are there any implications particularly at Wooddale and Beltline. Mr. Alexander stated they are working with the city and the Sherman Development, noting things are going well. City council meeting of May 16, 2022 (Item No. 3d) Page 3 Title: City council meeting minutes of March 21, 2022 Mr. Sullivan stated there are many meetings with community development and engineering for coordination and responsibilities. Councilmember Rog stated she will watch for news on the Calhoun Towers property. Mr. Alexander stated they are undertaking a study, some cracks have been identified, so they are looking for the cause to figure out the next steps. Councilmember Rog asked if in Mr. Alexander’s view there is any chance this project will not come to completion. Mr. Alexander stated in his view no, adding it is not practical to not complete it, especially with so much already being built. He added this would not be feasible. Mr. Cigolo noted that 2021 communications continued as usual, including public walking tours, the hotline, and construction updates. He also noted virtual construction town hall meetings were held, as well as public construction tours, pop-up events, and weekly and bi-weekly updates. He stated the website, email, and social media information: Website: GreenLineExt.org, Email: swlrt@metrotransit.org Twitter: @GreenLineExtMN and Instagram: @GreenLineExtMN. Councilmember Brausen noted he is on the email list and appreciates the weekly communications. He thanked Mr. Cigolo for the information, noting it is important to keep the community informed. Councilmember Rog stated as the summer months come, it would be helpful to have more information about the trail situation. Mr. Cigolo stated they are working on a new page on trails and should be up and running in a couple of months. Councilmember Dumalag stated her husband has attended the tours and they have been great, adding they should continue doing those. 2b. Recognition of donations Mayor Spano recognized donations to the Operations and Recreation department and the Nature Center totaling $793.84 from Leslie Marcus, Leif Anderson, Linda Malf. 3. Approval of minutes – none. 4. Approval of agenda and items on consent calendar 4a. Adopt Resolution No. 22-43 approving acceptance of donations to the operations and recreation department totaling $793.84. 4b. Adopt Resolution No. 22-044 approving the appointment of Dispatch Supervisor Eric Lammle as the primary representative from the police department to the Metropolitan Emergency Services Board (MESB), 9-1-1 Technical Operations Committee (TOC). 4c. Approve a special assessment agreement and adopt Resolution No. 22-045 authorizing the special assessment for the Texa-Tonka shopping center sidewalk. City council meeting of May 16, 2022 (Item No. 3d) Page 4 Title: City council meeting minutes of March 21, 2022 4d. Approve out-of-state travel for the mayor and council members. (This item was removed from the consent calendar and considered as regular agenda item 8c) 4e. Approve for filing human rights commission minutes of Feb. 15, 2022. Mayor Spano requested that consent calendar item 4d be removed and placed on the Regular Agenda to 8c. It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve the agenda and items listed on the consent calendar as amended to move consent calendar item 4d to the regular agenda as item 8c; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Mohamed absent). 5. Boards and commissions – none. 6. Public hearings 6a. Public Hearing – Establishment of the 9920 Wayzata Blvd. Tax Increment Financing District (Ward 4) Resolution No. 22-046 Ms. Monson stated she is available for questions, noting this was presented in the EDA meeting earlier this evening. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. At the invitation of Councilmember Brausen, the development team came forward and introduced themselves: Luke Hedberg, Bigos Management; Chris Grzybowski, Big D Construction; Adam Neumann, Bigos Management; Bill Stoddard, Stoddard Companies; Corey Schubert, Big D Construction; and, Neil Reardon, ESGR Construction and Design. Councilmember Brausen commented on the desires and goals of this group to hire minority-owned, BIPOC, and women-owned businesses, noting the city cannot require this. He asked for some type of reassurance that they will work on this to meet and exceed those goals. Mr. Grzybowski stated they can do this, and the most significant way is through the bidding process, utilizing their database, while also keeping statistics. He added now that they know the target, they will establish goals to meet it. Mr. Hedberg agreed and stated as a developer they are very interested in meeting these goals as well. Mayor Spano stated the secretary of state’s office registers all businesses in Minnesota and has a 5-question survey of each business that registers. He stated for $100 you can get that complete data set from the secretary of state’s office and research it. He recommended they do this. City council meeting of May 16, 2022 (Item No. 3d) Page 5 Title: City council meeting minutes of March 21, 2022 Councilmember Dumalag asked Big D, which projects are relevant, what have been their hiring goals, and have they achieved them. Mr. Grzybowski stated they have not had a project yet where they have had to prove the statistics. This will be one of their first projects tracking this information and they are looking forward to doing this. Councilmember Dumalag stated she would like them to think about these as soft costs, as well as hard costs. Mr. Grzybowski added breaking up the contracts, like Mayor Spano mentioned, is one of the key strategies for this project. Councilmember Rog stated she will not be supporting this project because she believes too much of the city’s tax base is tied up in TIF, and because she believes this project or some version of this project could and should be funded with private funds, so as to collect property taxes and thereby reduce the tax burden on residents. Councilmember Kraft stated he would like to have the group come back when they have pulled the data and explain what they have learned from the process on minority and women-owned business tracking. He added this is a great step and can be a differentiator for them. It was moved by Councilmember Brausen, seconded by Councilmember Kraft, to adopt Resolution No. 22-046 approving the establishment of the 9920 Wayzata Blvd. Tax Increment Financing District (a housing district). The motion passed 5-1 (Councilmember Rog opposed, Councilmember Mohamed absent). 7. Requests, petitions, and communications from the public – none. 8. Resolutions, ordinances, motions, and discussion items 8a. Resolution related to boundaries and polling locations for the 2022 election cycle Resolution No. 22-047 Mr. Sund presented the staff report. Councilmember Budd stated many in her Ward used to vote at Aquila, but now will need to vote at Lenox. Mr. Sund stated the requirement is that the designated polling place be located within one mile of a precinct boundary and each of the proposed polling locations meet that requirement. He noted it can be challenging to find polling locations that meet the legal requirements and can serve voter needs. Lenox is a great facility for a polling place and is accessible by transit. He noted feedback received from voters was also factored in when selecting polling places. Councilmember Budd asked if there were also some racial equity considerations. Mr. Sund stated yes, that is correct, noting ward 3 is comprised of diverse precincts and feedback was received from voters who felt more connected to certain locations. Those preferences were considered when selecting polling places for precincts. City council meeting of May 16, 2022 (Item No. 3d) Page 6 Title: City council meeting minutes of March 21, 2022 Councilmember Rog asked why the polling place for precinct 2 was relocated from Peter Hobart. Ms. Kennedy stated a few years ago Peter Hobart underwent construction and was unavailable for use as a polling place. At that time, a new facility became available, and the polling place was reassigned. Additionally, staff works with the school district to address security and safety concerns associated with use of facilities on Election Day. To the extent suitable alternatives are available, the city attempts to use non-school facilities as a compromise with the district. Due to the limited number of facilities available that meet all the criteria, it is not always possible to find an alternative. In this case, Wat Thai is a suitable alternative and, in some respects, a better facility in terms of serving the volume of voters in this precinct. She noted Wat Thai is very responsive and works closely with elections staff to ensure that Election Day goes as smoothly as possible. Councilmember Rog stated there are typically people out the door and down the street waiting to vote and maybe that is part of the experience of voting in St. Louis Park. She asked if staff is aware of the construction under way at Wat Thai. Ms. Kennedy stated yes, staff is aware but feel this will continue to be a good location to serve voters in the precinct. She added at peak voting hours, lines are not uncommon – especially when you are asking voters to observe physical distancing guidelines. The good news is voters in St. Louis Park generally don’t have to wait very long to vote and that is a key part of the service delivery model. Ms. Kennedy reiterated Wat Thai has been a great partner to work with and the city is grateful that they allow their facility to be used as a polling place. It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to adopt Resolution No. 22-047 confirming ward boundaries, establishing precinct boundaries, and designating polling locations for the 2022 election cycle. The motion passed 6-0 (Councilmember Mohamed absent). 8b. Resolution accepting city manager’s six-month evaluation and adjusting compensation Resolution No. 22-048 Ms. Timpone presented the resolution regarding adjustment of compensation. She noted the council met two weeks ago to discuss Ms. Keller’s 6-month above average performance. She explained after 6 months, city employees can receive a 5% increase, based on performance. Currently, Ms. Keller’s salary is $180,000 and with the 5% increase will move to $189,000 which is under the state salary cap. Mayor Spano gave a summary of the city manager’s 6-month performance evaluation and noted the council met in closed session with a consultant. He stated the council found that Ms. Keller has effectively transitioned into her role as city manager, noting collaboration, systems approach, and building trust as her great strengths. He stated there are opportunities for her to balance and delegate to keep herself open and available for the most important items of the city. He added council unanimously decided they made the right decision in hiring Ms. Keller as city manager. City council meeting of May 16, 2022 (Item No. 3d) Page 7 Title: City council meeting minutes of March 21, 2022 It was moved by Councilmember Kraft, seconded by Councilmember Rog, to adopt Resolution No. 22-048 for acceptance of the city manager’s six-month performance evaluation and adjusting compensation effective Feb. 16, 2022. The motion passed 6-0 (Councilmember Mohamed absent). 8c. Out-of-state travel for the mayor and council members Mayor Spano stated he pulled this off the consent agenda because he wants the community to understand why the council does this. He referenced the recent National League of Cities Conference last week and another one-day conference for Mayors, noting these out of state conferences are because several of the councilmembers have roles on various committees and the opportunities for councilmembers to learn best practices are very helpful for all. He also noted that meetings with legislators are helpful in supporting the community and he is pleased the councilmembers and staff members were able to attend last week. Councilmember Brausen agreed and stated these learning opportunities are positive experiences, along with learning from others, plus building relationships, which is also invaluable. It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve out-of-state travel for the mayor and council members. The motion passed 6-0 (Councilmember Mohamed absent). 9. Communications 9a. Proposed study session agenda topics – discuss and decide next steps Mayor Spano and Councilmember Dumalag presented two items, one being exploring debt-free budgeting to be used as a tool for the city budgeting process. Councilmember Brausen indicated he is supportive of this but prefers not to be completely debt-free and would not like to see staff spend a lot of time on this. Councilmember Kraft agreed but stated this is a worthwhile discussion. Ms. Keller stated this would be discussed within the budget process for 2023. Mayor Spano noted creative placemaking as a community engagement tool around change and development in the city. Councilmember Dumalag stated this was drafted prior to the discussions on community and civic engagement, but could be discussed in conjunction with that system also. City council meeting of May 16, 2022 (Item No. 3d) Page 8 Title: City council meeting minutes of March 21, 2022 Councilmember Kraft stated he would prefer not asking staff to do any more with this topic until council has completed the community and civic engagement system already in progress. Mayor Spano agreed and stated this could involve a small pilot after the process being worked on is finished. Councilmember Rog stated she would like to learn more about how they are defining creative placemaking. Mayor Spano stated he is thinking more about using art as an opportunity to build and connect with communities, in a different way, to yield different feelings around city projects. He added there could be many different applications of the concept. Ms. Keller stated staff would do some work offline on this, see if there are any opportunities to try a small pilot project, and then report back to council on what has been done around creative placemaking. Ms. Keller noted there is an additional vaccine clinic at YUM on March 28, 2022, from 9 a.m. to 12 noon. It was noted the Wooddale Station developers will be working with engagement consultants with workshops held in early April and more information will be on the city website. 10. Adjournment The meeting adjourned at 8:46 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4a Executive summary Title: Approval of city disbursements Recommended action: Motion to accept for filing city disbursement claims for the period of March 26 through April 29, 2022. Policy consideration: Does the city council desire to approve city disbursements in accordance with Section 6.11 – Disbursements – How Made, of the City’s Charter? Summary: The Finance Division prepares this report on a monthly basis for the city council to review and approve. The attached reports show both City disbursements paid by physical check and those by wire transfer or Automated Clearing House (ACH) when applicable. Financial or budget considerations: Review and approval of the information follows the city’s charter and provides another layer of oversight to further ensure fiscal stewardship. Strategic priority consideration: Not applicable. Supporting documents: City disbursements Prepared by: Kari Mahan, accounting clerk Reviewed by: Melanie Schmitt, chief financial officer Approved by: Kim Keller, city manager 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 700.00 ROBERT BEALKE INDUSTRIES COMM & MARKETING G & A GENERAL PROFESSIONAL SERVICES 350.00HOLIDAY PROGRAMS OTHER CONTRACTUAL SERVICES 1,050.00 152.87 STEVEN V BEUTLER CONSERVATOR OF CHRIS NWATER UTILITY G&A GENERAL CUSTOMERS 152.87 220.56A-1 OUTDOOR POWER INC TREE MAINTENANCE GENERAL SUPPLIES 220.56 2,250.00AARON DAVIS PRESENTATIONS, INC.HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT 2,250.00 485.00ACROSS THE STREET PRODUCTIONS FIRE OPERATIONS TRAINING 485.00 350.55ADVANCED CONCRETE SAWING, INC.SIDEWALK & TRAILS G&A OTHER CONTRACTUAL SERVICES 904.05PAVEMENT MANAGEMENT G&A OTHER CONTRACTUAL SERVICES 369.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 18.45SEWER CAPITAL PROJ G & A OTHER CONTRACTUAL SERVICES 202.95STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 1,845.00 414.00ADVANCED ENG & ENVIRONMENTAL SRVCS WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 414.00 825.28ALADTEC INC FIRE OPERATIONS GENERAL PROFESSIONAL SERVICES 825.28 198.51ALCANTARA STANIKKA POLICE G & A POLICE EQUIPMENT 198.51 607.00ALL CITY ELEVATOR INC FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 607.00 360.00ALL ENERGY SOLAR BLDG & ENERGY G & A BUILDING 360.00 6,459.00ALLIANCE MECH SRVCS INC FACILITIES MCTE G & A BUILDING MTCE SERVICE 6,459.00 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 2 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 2,741.98ALLSTREAMIT G & A TELEPHONE 2,741.98 510.34AMAZON CAPITAL SERVICES FACILITIES MCTE G & A GENERAL SUPPLIES 28.99POLICE G & A OFFICE SUPPLIES 516.78POLICE G & A OPERATIONAL SUPPLIES 58.98POLICE G & A EQUIPMENT PARTS 12.48POLICE G & A POLICE EQUIPMENT 76.05E-911 PROGRAM OFFICE EQUIPMENT 117.48FIRE OPERATIONS OPERATIONAL SUPPLIES 375.96FIRE OPERATIONS SMALL TOOLS 69.85FIRE OPERATIONS UNIFORMS 261.56FIRE OPERATIONS TRAINING 535.19TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 55.00CELLPHONES, IPADS, ETC.TELEPHONE 2,618.66 93.50AMERICAN PRESSURE, INC.GENERAL FUND BALANCE SHEET INVENTORY 93.50 553.00AMERICAN SOLUTIONS FOR BUSINESS POLICE G & A OPERATIONAL SUPPLIES 553.00 227.00AMERICAN WATER WORKS ASSOCIATION WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS 227.00 909.20ANCOM COMMUNICATIONS E-911 PROGRAM EQUIPMENT MTCE SERVICE 909.20 2,100.00ANCOM TECHNICAL CENTER E-911 PROGRAM EQUIPMENT MTCE SERVICE 2,100.00 300.00ANDREWS NATALEE CLIMATE INVESTMENT FUND G & A OTHER CONTRACTUAL SERVICES 300.00 37.05ANGELI DAVID WATER UTILITY G&A GENERAL CUSTOMERS 37.05 627.90ARC DOCUMENT SOLUTIONS LLC TECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICE 627.90 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 3 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 3Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 217.59ARCADIS US., INC.WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 217.59 1,095.36ARROW LIFT FACILITIES MCTE G & A BUILDING MTCE SERVICE 1,095.36 399.04ASCAPREC CENTER BUILDING LICENSES 399.04 20,146.56ASET SUPPLY AND PAPER INC SOLID WASTE G&A OPERATIONAL SUPPLIES 20,146.56 337.27ASHBY DOUGLAS WATER UTILITY G&A GENERAL CUSTOMERS 337.27 145.31ASPEN MILLS FIRE OPERATIONS SMALL TOOLS 2,089.22FIRE OPERATIONS UNIFORMS 659.00FIRE OPERATIONS PROTECTIVE CLOTHING 2,893.53 15.81ASTREN ALEX WATER UTILITY G&A GENERAL CUSTOMERS 15.81 357.00ATIR ELECTRIC CORPORATION FACILITIES MCTE G & A BUILDING MTCE SERVICE 357.00 1,200.00ATOMPOLICE G & A TRAINING 1,200.00 517.00ATOMIC RECYCLING VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICE 517.00 219.86AUTOWASH SYSTEMS INC VEHICLE MAINTENANCE G&A BUILDING MTCE SERVICE 219.86 915.00AVI SYSTEMS INC CABLE TV G & A GENERAL PROFESSIONAL SERVICES 915.00 323.00BARNA, GUZY & STEFFEN LTD HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 323.00 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 4 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 4Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 88.40BARNES, PAUL POLICE G & A TRAVEL/MEETINGS 88.40 49,253.00BARTLEY SALES CO PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 49,253.00 211.35BARTMAN KARI WATER UTILITY G&A GENERAL CUSTOMERS 211.35 13.43BATTERIES + BULBS ROUTINE MAINTENANCE SMALL TOOLS 103.80WATER UTILITY G&A GENERAL SUPPLIES 117.23 3,900.00BELEZA SIDING, INC.ESCROWS PMC ESCROW 3,900.00 36.84BERGER CARI WATER UTILITY G&A GENERAL CUSTOMERS 36.84 1,630.36BIRCHWOOD NEIGHBORHOOD ASSOC NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 1,630.36 1,502.80BLACKBURN MFG. CO WATER UTILITY G&A OPERATIONAL SUPPLIES 1,502.80 .25BLANKENBURG ERIC BLDG & ENERGY G & A DUE TO OTHER GOVTS 78.75BLDG & ENERGY G & A ELECTRICAL 79.00 218.73BLISSETT CHRISTOPHER WATER UTILITY G&A GENERAL CUSTOMERS 218.73 300.00BLUE AND BROWN BACKGROUNDS, LLC. POLICE G & A TRAINING 300.00 2,162.50BLUE NET, INC.IT G & A TRAINING 825.00TECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICE 2,987.50 149.71BOHLEN PROPERTIES, LLC.WATER UTILITY G&A GENERAL CUSTOMERS 149.71 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 5 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 5Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 14.56BOLTON & MENK INC SIDEWALK & TRAILS G&A GENERAL PROFESSIONAL SERVICES 12.74STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 21,602.46WOODDALE REHAB PROJ (TIF) G&A GENERAL PROFESSIONAL SERVICES 83.72PAVEMENT MANAGEMENT G&A GENERAL PROFESSIONAL SERVICES 49.14WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 7.28SEWER CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 14.56STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 21,784.46 768.70BOUND TREE MEDICAL, LLC POLICE G & A OPERATIONAL SUPPLIES 314.35FIRE OPERATIONS OPERATIONAL SUPPLIES 1,083.05 71.50BRANDON ELECTRIC BLDG & ENERGY G & A BUILDING 71.50 636.87BREDEMUS HARDWARE COMPANY INC FACILITIES MCTE G & A BUILDING MTCE SERVICE 636.87 250.00BRUHN JOHN CLIMATE INVESTMENT FUND G & A OTHER CONTRACTUAL SERVICES 250.00 836.62BTR OF MINNESOTA LLC GENERAL FUND BALANCE SHEET INVENTORY 836.62 510.00BUREAU OF CRIMINAL APPREHENSION COMMUNICATIONS/DISPATCH TELEPHONE 510.00 970.78BUSINESS ESSENTIALS COMM & MARKETING G & A OFFICE SUPPLIES 54.62COMM & MARKETING G & A GENERAL SUPPLIES 1,025.40 8,830.25CAMPBELL KNUTSON PROF ASSOC ADMINISTRATION G & A LEGAL SERVICES 638.50ENGINEERING G & A LEGAL SERVICES 102.00HOUSING REHAB G & A LEGAL SERVICES 34.00SIDEWALK & TRAILS G&A IMPROVEMENTS OTHER THAN BUILDI 68.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 9,672.75 4,168.93CANON FINANCIAL IT G & A EQUIPMENT MTCE SERVICE City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 6 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 6Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 4,168.93 7,500.00CAPTIVATE MEDIA & CONSULTING BLDG & ENERGY G & A GENERAL PROFESSIONAL SERVICES 7,500.00 5,000.00CARE RESOURCE CONNECTION FIRE OPERATIONS GENERAL PROFESSIONAL SERVICES 5,000.00 550.13CDW GOVERNMENT INC IT G & A OFFICE EQUIPMENT 508.51TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 1,058.64 16.00CENTER FOR ENERGY AND ENVIRONMENT TRANSFORMATION LOAN OTHER CONTRACTUAL SERVICES 122.00DOWN PYMT ASSISTANCE OTHER CONTRACTUAL SERVICES 138.00 20,109.79CENTERPOINT ENERGY FACILITIES MCTE G & A HEATING GAS 2,277.09FACILITY OPERATIONS HEATING GAS 5,145.17WATER UTILITY G&A HEATING GAS 414.80REILLY G & A HEATING GAS 533.04SEWER UTILITY G&A HEATING GAS 1,557.88PARK MAINTENANCE G & A HEATING GAS 19,663.48REC CENTER BUILDING HEATING GAS 49,701.25 12.75CENTRAL MCGOWAN CONCESSIONS OPERATIONAL SUPPLIES 12.75 11,490.00CENTRAL PENSION FUND EMPLOYEE BENEFITS FUND BAL SHT OTHER RETIREMENT 11,490.00 1,320.00CENTURY COLLEGE FIRE OPERATIONS TRAINING 1,320.00 327.82CENTURY LINK CELLPHONES, IPADS, ETC.TELEPHONE 327.82 883.73CHAN KATHRYN CLIMATE INVESTMENT FUND G & A OTHER CONTRACTUAL SERVICES 883.73 141.73CHANGE THE NARRATIVE, LLC.WATER UTILITY G&A GENERAL CUSTOMERS City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 7 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 7Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 141.73 9,500.00CHRISTIANSEN JAMES W.ESCROWS PMC ESCROW 9,500.00 625.00CHUX PRINT WATER UTILITY G&A OPERATIONAL SUPPLIES 625.00 13,700.00CICHY'S WATER & SEWER, LLC.SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 13,700.00 225.45CINTAS CORPORATION FACILITIES MCTE G & A OPERATIONAL SUPPLIES 191.00FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 140.69REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 458.44VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 1,015.58 384.00CITIZENS INDEPENDENT BANK ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS 2,457.02ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 8.59HUMAN RESOURCES GENERAL SUPPLIES 60.65HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT 708.00HUMAN RESOURCES RECOGNITION 310.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPS 720.00HUMAN RESOURCES SEMINARS/CONFERENCES/PRESENTAT 139.60COMM & MARKETING G & A ADVERTISING 399.00COMM & MARKETING G & A SEMINARS/CONFERENCES/PRESENTAT 116.13IT G & A GENERAL SUPPLIES 359.10ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPS 156.00ASSESSING G & A TRAINING 315.00ASSESSING G & A LICENSES 170.46FINANCE G & A GENERAL SUPPLIES 140.00FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPS 505.00FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT 35.00COMM DEV PLANNING G & A TRAINING 387.10FACILITIES MCTE G & A GENERAL SUPPLIES 720.00FACILITIES MCTE G & A TRAINING 266.85POLICE G & A OPERATIONAL SUPPLIES 664.83POLICE G & A OFFICE EQUIPMENT 2,744.47POLICE G & A OTHER CONTRACTUAL SERVICES 12.72POLICE G & A POSTAGE 169.00POLICE G & A EQUIPMENT MTCE SERVICE City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 8 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 8Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 25.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 600.00POLICE G & A TRAINING 1,745.00POLICE G & A SEMINARS/CONFERENCES/PRESENTAT 1,103.68POLICE G & A TRAVEL/MEETINGS 359.14POLICE G & A MEETING EXPENSE 1,620.00POLICE G & A LICENSES 81.26POLICE G & A BANK CHARGES/CREDIT CD FEES 429.99E-911 PROGRAM OFFICE EQUIPMENT 244.07E-911 PROGRAM RADIO COMMUNICATIONS 42.21FIRE OPERATIONS OFFICE SUPPLIES 1,281.28FIRE OPERATIONS GENERAL SUPPLIES 447.28FIRE OPERATIONS OPERATIONAL SUPPLIES 84.14FIRE OPERATIONS SMALL TOOLS 842.95FIRE OPERATIONS GENERAL PROFESSIONAL SERVICES 108.97FIRE OPERATIONS SUBSCRIPTIONS/MEMBERSHIPS 366.80FIRE OPERATIONS TRAINING 1,114.24FIRE OPERATIONS SEMINARS/CONFERENCES/PRESENTAT 351.61FIRE OPERATIONS EMERGENCY PREPAREDNESS 21.71FIRE OPERATIONS INTEREST/FINANCE CHARGES 28.25BLDG & ENERGY G & A GENERAL SUPPLIES 120.00BLDG & ENERGY G & A SUBSCRIPTIONS/MEMBERSHIPS 15.37SUSTAINABILITY G&A GENERAL SUPPLIES 325.00SUSTAINABILITY G&A TRAINING 130.96PUBLIC WORKS G & A OFFICE SUPPLIES 900.00ENGINEERING G & A TRAINING 89.56PUBLIC WORKS OPS G & A GENERAL SUPPLIES 604.78PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 1,926.00COVID-19 FUNDING G&A MISC EXPENSE 151.57POLICEOFFICE EQUIPMENT 1,487.13WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 395.00WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT .57SEWER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 23.00SEWER UTILITY G&A LICENSES 275.00SOLID WASTE G&A SUBSCRIPTIONS/MEMBERSHIPS 326.06ORGANIZED REC G & A TRAVEL/MEETINGS 1,000.00ADULT PROGRAMS GENERAL SUPPLIES 364.81LARGE EVENTS - ADMIN FEE GENERAL SUPPLIES 119.99PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 13.97PARK MAINTENANCE G & A SUBSCRIPTIONS/MEMBERSHIPS 90.00PARK MAINTENANCE G & A TRAINING 43.38PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 9 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 9Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 481.00SPLASH PAD MAINT - Oak Hill Pk OTHER CONTRACTUAL SERVICES 1,105.00NATURAL RESOURCES G & A TRAINING 43.84WESTWOOD G & A OFFICE SUPPLIES 447.13WESTWOOD G & A GENERAL SUPPLIES 199.00WESTWOOD G & A OTHER CONTRACTUAL SERVICES 10.15WESTWOOD G & A TRAINING 59.97SUMMER CAMP GENERAL SUPPLIES 507.31REC CENTER BUILDING GENERAL SUPPLIES 232.94REC CENTER BUILDING OPERATIONAL SUPPLIES 54.52REC CENTER BUILDING MOTOR FUELS 215.00REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 8.58REC CENTER BUILDING BANK CHARGES/CREDIT CD FEES 89.97INSTRUCTIONAL SKATING LESSONS GENERAL SUPPLIES 481.00AQUATIC PARK G & A OTHER CONTRACTUAL SERVICES 374.00CONCESSIONSOTHER CONTRACTUAL SERVICES 68.50VEHICLE MAINTENANCE G&A LICENSES 88.26GENERAL REPAIR GENERAL SUPPLIES 156.61GENERAL REPAIR SMALL TOOLS 35,871.03 4,000.00CJR SYNDICATE, LLC.ESCROWS PMC ESCROW 4,000.00 65.00CLAY TIFFANY BASKETBALL REFUNDS & REIMBURSEMENTS 65.00 6,750.00CLEAR GOV INC FINANCE G & A GENERAL PROFESSIONAL SERVICES 6,750.00 19,291.14COLICH & ASSOCIATES ADMINISTRATION G & A LEGAL SERVICES 19,291.14 3,971.50COLLINS ELECTRICAL CONSTRUCTION CO BLDG & ENERGY G & A BUILDING 3,971.50 129.62COMCASTFIRE OPERATIONS EMERGENCY PREPAREDNESS 232.96CABLE TV G & A OTHER CONTRACTUAL SERVICES 43.31OTHER CITY DEPARTMENTS OTHER CONTRACTUAL SERVICES 30.27REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 436.16 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 10 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 10Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 36,450.02COMPASS MINERALS AMERICA SANDING/SALTING OTHER IMPROVEMENT SUPPLIES 36,450.02 4,970.00CONSTRUCTION RESULTS CORPORATION BLDG & ENERGY G & A DUE TO OTHER GOVTS 2,742.40BLDG & ENERGY G & A BUILDING 7,712.40 1,590.00CONTINENTAL RESEARCH CORP REC CENTER BUILDING GENERAL SUPPLIES 1,590.00 844.00CONTINENTAL RESEARCH CORP.REC CENTER BUILDING GENERAL SUPPLIES 844.00 1,343.80CORE & MAIN LP WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,343.80 58.80COREMARKROUTINE MAINTENANCE OTHER IMPROVEMENT SUPPLIES 828.64WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 887.44 411.35CORPORATE MECHANICAL REC CENTER BUILDING BUILDING MTCE SERVICE 3,409.22REC CENTER BUILDING EQUIPMENT MTCE SERVICE 3,820.57 864.00COUGHLIN, JUDY FITNESS PROGRAMS OTHER CONTRACTUAL SERVICES 864.00 43.90CROWN MARKING INC.COMM & MARKETING G & A OFFICE SUPPLIES 124.55FIRE OPERATIONS OPERATIONAL SUPPLIES 168.45 362.99CROWN RENTAL - BURNSVILLE PARK GROUNDS MAINTENANCE SMALL TOOLS 362.99 45.91CTW GROUP, INC.WATER UTILITY G&A GENERAL CUSTOMERS 45.91 43.77CUB KNOLLWOOD POLICE G & A OTHER CONTRACTUAL SERVICES 92.79POLICE G & A MEETING EXPENSE 136.56 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 11 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 11Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 269.63CUMMINS SALES AND SERVICE GENERAL FUND BALANCE SHEET INVENTORY 1,557.52FACILITIES MCTE G & A BUILDING MTCE SERVICE 1,827.15 1.25DAHLIN JENNIFER BLDG & ENERGY G & A DUE TO OTHER GOVTS 220.00BLDG & ENERGY G & A BUILDING 221.25 322.34DALCO ENTERPRISES INC FACILITIES MCTE G & A GENERAL SUPPLIES 2,992.24FACILITIES MCTE G & A CLEANING/WASTE REMOVAL SUPPLY 1,563.04REC CENTER BUILDING EQUIPMENT MTCE SERVICE 4,877.62 1.50DAMYAN'S ELECTRIC BLDG & ENERGY G & A DUE TO OTHER GOVTS 122.50BLDG & ENERGY G & A ELECTRICAL 124.00 5,990.00DATAWORKS PLUS LLC POLICE G & A JAIL/DETENTION SERVICES 5,990.00 15,750.00DAVEY RESOURCE GROUP PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 15,750.00 12.50DAVIS REBECCA BLDG & ENERGY G & A DUE TO OTHER GOVTS 245.00BLDG & ENERGY G & A ELECTRICAL 332.50BLDG & ENERGY G & A PLUMBING 590.00 206.51DELEGARD TOOL CO VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 114.96GENERAL REPAIR SMALL TOOLS 321.47 7,629.41DEPARTMENT OF LABOR AND INDUSTRY BLDG & ENERGY G & A DUE TO OTHER GOVTS 7,629.41 1,438.02DEPT EMPLOYMENT & ECONOMIC DEVELOPMENTEMPLOYEE BENEFITS FUND G&A UNEMPLOYMENT 1,438.02 4,000.00DERBY DARYL ESCROWS PMC ESCROW 4,000.00 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 12 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 12Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 395.32DJ ELECTRIC SERVICES INC PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES 395.32 22,530.60DO-GOOD.BIZ INC COMM & MARKETING G & A POSTAGE 353.20COMM & MARKETING G & A PRINTING & PUBLISHING 690.73SUSTAINABILITY G&A PRINTING & PUBLISHING 228.98ENGINEERING G & A GENERAL PROFESSIONAL SERVICES 449.42SOLID WASTE G&A POSTAGE 1,023.00SOLID WASTE G&A PRINTING & PUBLISHING 25,275.93 475.00DTN, LLC.PUBLIC WORKS OPS G & A OTHER CONTRACTUAL SERVICES 475.00 48.74DUNAGAN ALEXANDR POLICE G & A OPERATIONAL SUPPLIES 48.74 1,475.60ECM PUBLISHERS INC ADMINISTRATION G & A LEGAL NOTICES 1,475.60 2,250.00EHLERS & ASSOCIATES INC ESCROWS UNION PARK APTS 1,425.00ESCROWSCSM TRAFFIC STUDY/PLANNING 15,650.00ESCROWSSEMBLE EXCAVATING 1,425.00ESCROWS3801 WOODDALE (ALDERSGATE) 900.00ESCROWSBigos Management-1351-1361 Ham 343.75BRIDGWALK HIA OTHER CONTRACTUAL SERVICES 21,993.75 189.24ELI TOLKINEN HOWARD WATER UTILITY G&A GENERAL CUSTOMERS 189.24 6,956.75ENTERPRISE FM TRUST EQUIP/VEHICLE REPLACEMENT RENTAL EQUIPMENT 6,956.75 2,405.38ENVIROTECH SERVICES INC PUBLIC WORKS OPS G & A OTHER IMPROVEMENT SUPPLIES 1,247.14SANDING/SALTING OTHER IMPROVEMENT SUPPLIES 3,652.52 17.40ERICKSON KYLE WATER UTILITY G&A GENERAL CUSTOMERS 17.40 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 13 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 13Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 68.61ERICKSON MATTHEW WATER UTILITY G&A GENERAL CUSTOMERS 68.61 200.00ESCAPE FIRE PROTECTION LLC FACILITIES MCTE G & A BUILDING MTCE SERVICE 200.00 56.62ESTATE OF DANIEL J. ROY WATER UTILITY G&A GENERAL CUSTOMERS 56.62 2,546.00ETTEL & FRANZ ROOFING CO FACILITIES MCTE G & A BUILDING MTCE SERVICE 2,546.00 200.00EVANSON BRADY SOFTBALL REFUNDS & REIMBURSEMENTS 200.00 26,805.00EVERLAST REHAB SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 26,805.00 447.37FACTORY MOTOR PARTS CO GENERAL FUND BALANCE SHEET INVENTORY 580.00PREVENTATIVE MAINTENANCE BUILDING MTCE SERVICE 28.15GENERAL REPAIR GENERAL SUPPLIES 1,055.52 6,242.91FERGUSON WATERWORKS WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 6,242.91 580.30FERRELLGASREC CENTER BUILDING MOTOR FUELS 41.22VEHICLE MAINTENANCE G&A MOTOR FUELS 621.52 28.24FERRIS DANIEL WATER UTILITY G&A GENERAL CUSTOMERS 28.24 600.00FIDELIS SAFETY SOLUTIONS FIRE OPERATIONS GENERAL PROFESSIONAL SERVICES 375.00FIRE OPERATIONS EMERGENCY PREPAREDNESS 975.00 674.63FINANCE & COMMERCE, INC.WOODDALE REHAB PROJ (TIF) G&A GENERAL PROFESSIONAL SERVICES 193.54PAVEMENT MANAGEMENT G&A GENERAL PROFESSIONAL SERVICES 104.21STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 972.38 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 14 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 14Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 119.64FINE PROP OF MN WATER UTILITY G&A GENERAL CUSTOMERS 119.64 220.00FIRE SAFETY USA INC GENERAL FUND BALANCE SHEET INVENTORY 220.00 683.80FIRST ADVANTAGE HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 683.80 193.72FISHER, JON PROSECUTION OTHER CONTRACTUAL SERVICES 193.72 14.99FRATTALLONE'S/SAINT LOUIS PARK PUBLIC WORKS OPS G & A GENERAL SUPPLIES 11.99WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 75.94REC CENTER BUILDING OPERATIONAL SUPPLIES 24.22GENERAL REPAIR GENERAL SUPPLIES 127.14 132.50FRIENDS OF BASS LAKE NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 132.50 38.99FROST NANCY WATER UTILITY G&A GENERAL CUSTOMERS 38.99 1,154.76FUN EXPRESS HOLIDAY PROGRAMS GENERAL SUPPLIES 1,154.76 6,930.26GALLS, LLC - DBA UNIFORMS UNLIMITED POLICE G & A OPERATIONAL SUPPLIES 2,714.80POLICE G & A POLICE EQUIPMENT 9,645.06 326.00GARTNER REFRIGERATION, INC.REC CENTER BUILDING EQUIPMENT MTCE SERVICE 326.00 1,450.00GELLERMAN CONSTRUCTION INC FACILITIES MCTE G & A BUILDING MTCE SERVICE 1,450.00 969.26GENERAL PARTS LLC REC CENTER BUILDING EQUIPMENT MTCE SERVICE 969.26 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 15 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 15Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 1.27GENUINE ELECTRIC BLDG & ENERGY G & A DUE TO OTHER GOVTS 114.56BLDG & ENERGY G & A ELECTRICAL 115.83 10,470.00GERTENSPARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 10,470.00 3,500.00GETTY IMAGES COMM & MARKETING G & A SUBSCRIPTIONS/MEMBERSHIPS 3,500.00 52.58GILBERT JONATHAN WATER UTILITY G&A GENERAL CUSTOMERS 52.58 160.00GJOHNSON ASSET MANAGEMENT, LLC. BLDG & ENERGY G & A CERTIFICATE OF COMPLIANCE 160.00 500.00GLEISNER JON ESCROWS PMC ESCROW 500.00 1,080.00GOLIATH HYDRO-VAC INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,080.00 369.90GOPHER STATE ONE-CALL INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 369.90 98.85GRAINGER INC.GENERAL FUND BALANCE SHEET INVENTORY 608.15FACILITIES MCTE G & A GENERAL SUPPLIES 85.16WATER UTILITY G&A GENERAL SUPPLIES 28.40PARK MAINTENANCE G & A GENERAL SUPPLIES 104.43PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 924.99 12,124.68GRANICUSTECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICE 12,124.68 199.00GRAPHIC SOURCE INC CABLE TV G & A OTHER 199.00 680.58GRAYBAR ELECTRIC CO WIRING REPAIR OTHER IMPROVEMENT SUPPLIES 680.58 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 16 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 16Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 7,455.00GS-INVREG WAYZATA OWNER, LLC.BLDG & ENERGY G & A DUE TO OTHER GOVTS 2,400.00WATER UTILITY G&A WATER AVAIL CHARGE (WAC) 9,855.00 6,039.53GUARDIAN FLEET SAFETY INSURANCE FUND G&A UNINSURED LOSS 6,039.53 1,398.47HACH CO WATER UTILITY G&A GENERAL SUPPLIES 1,398.47 65.00HANGEBRAUCK KRISTIN BASKETBALL REFUNDS & REIMBURSEMENTS 65.00 63.66HAUGEN ANGELA WATER UTILITY G&A GENERAL CUSTOMERS 63.66 31,203.77HAWKINS INC WATER UTILITY G&A OPERATIONAL SUPPLIES 31,203.77 7.52HEAD JUSTIN FIRE OPERATIONS OPERATIONAL SUPPLIES 7.52 114.00HEALTHPARTNERSHUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 837.00HUMAN RESOURCES RECRUITMENT 951.00 1,340.00HENNEPIN COUNTY CHIEFS OF POLICE ASSOC. POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 1,340.00 2.50HENNEPIN COUNTY RESIDENT & REAL ESTATE ASSESSING G & A OTHER CONTRACTUAL SERVICES 2.50 2,989.66HENNEPIN COUNTY TREASURER POLICE G & A GENERAL PROFESSIONAL SERVICES 3,449.16POLICE G & A EQUIPMENT MTCE SERVICE 4,146.33POLICE G & A JAIL/DETENTION SERVICES 2,728.44FIRE OPERATIONS RADIO COMMUNICATIONS 6.00HIA ADMIN OTHER CONTRACTUAL SERVICES 3,060.00PARK IMPROVEMENT G & A PAYMENT IN LIEU OF TAXES 6.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 263.26PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICE 16,648.85 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 17 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 17Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 215.53HERRICK MELISSA WATER UTILITY G&A GENERAL CUSTOMERS 215.53 33.29HESSIAN JAY WATER UTILITY G&A GENERAL CUSTOMERS 33.29 9,660.00HIGHVIEW PLUMBING INC SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 9,660.00 20,000.00HOLLYWOOD PYROTECHNICS INC HOLIDAY PROGRAMS OTHER CONTRACTUAL SERVICES 20,000.00 HOME DEPOT CREDIT SERVICES GENERAL FUND BALANCE SHEET INVENTORY 381.24FACILITIES MCTE G & A GENERAL SUPPLIES 98.67PUBLIC WORKS OPS G & A SMALL TOOLS 88.54PUBLIC WORKS OPS G & A OTHER IMPROVEMENT SUPPLIES 235.41ROUTINE MAINTENANCE SMALL TOOLS 1,254.07WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 62.76STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 623.58PARK MAINTENANCE G & A GENERAL SUPPLIES 86.08PARK MAINTENANCE G & A SMALL TOOLS 103.93PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 44.00PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 185.05NATURAL RESOURCES G & A OTHER IMPROVEMENT SUPPLIES 3,163.33 412.50HOTSY MINNESOTA PREVENTATIVE MAINTENANCE BUILDING MTCE SERVICE 412.50 172.33HOUSE JAMES WATER UTILITY G&A GENERAL CUSTOMERS 172.33 447.47HOVDE JUSTIN WATER UTILITY G&A GENERAL CUSTOMERS 447.47 1,715.00I.U.O.E. LOCAL NO 49 EMPLOYEE BENEFITS FUND BAL SHT UNION DUES 1,715.00 648.00IDZIOREK ERIC BLDG & ENERGY G & A LICENSES 648.00 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 18 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 18Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 2,861.85INDELCOWATER UTILITY G&A EQUIPMENT MTCE SERVICE 212.40PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 3,074.25 2,500.00INTER CITY WATER & SEWER SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 2,500.00 338.00INTOXIMETERS INC POLICE G & A OPERATIONAL SUPPLIES 338.00 97.90INVER GROVE FORD GENERAL FUND BALANCE SHEET INVENTORY 364.30INSURANCE FUND G&A UNINSURED LOSS 358.62GENERAL REPAIR EQUIPMENT MTCE SERVICE 820.82 31.25IRYNA ARTSIKHOVICH BLDG & ENERGY G & A MASSAGE THERAPY ESTABLISHMENTS 31.25 345.00ISI SPORTS INDUSTRY INSTRUCTIONAL SKATING LESSONS SUBSCRIPTIONS/MEMBERSHIPS 345.00 1,472.41I-STATE TRUCK CENTER GENERAL FUND BALANCE SHEET INVENTORY 1,472.41 1,136.77J&M MANAGEMENT, LLC.CLIMATE INVESTMENT FUND G & A OTHER CONTRACTUAL SERVICES 1,136.77 720.50J. H. LARSON CO.WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 720.50 9,775.00J.P SCHMITZ CONSTRUCTION CO LLC SEWER CAPITAL PROJ G & A OTHER CONTRACTUAL SERVICES 9,775.00 35.08JERRY'S HARDWARE GENERAL FUND BALANCE SHEET INVENTORY 6.48WATER UTILITY G&A GENERAL SUPPLIES 118.72WATER UTILITY G&A EQUIPMENT PARTS 60.63WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 280.61PARK MAINTENANCE G & A GENERAL SUPPLIES 23.14PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 4.40GENERAL REPAIR GENERAL SUPPLIES City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 19 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 19Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 529.06 1,700.00JESSE DANIEL ESCROWS PMC ESCROW 1,700.00 58.53JOHNSON KATHRYN WATER UTILITY G&A GENERAL CUSTOMERS 58.53 1,622.04JOHNSON PAPER & SUPPLY CO.REC CENTER BUILDING GENERAL SUPPLIES 1,622.04 39.96JOHNSON SARAH DENNEY WATER UTILITY G&A GENERAL CUSTOMERS 39.96 5,000.00JOHNSON STEVE ESCROWS PMC ESCROW 5,000.00 56.00JOHNSTON BRETT BLDG & ENERGY G & A ELECTRICAL 56.00 575.49JOLLEY PETER (AL)TRAINING SEMINARS/CONFERENCES/PRESENTAT 410.67TRAININGMILEAGE-PERSONAL CAR 986.16 41.63JONES ALLISON POLICE G & A TRAVEL/MEETINGS 41.63 403.84JONGEWAARD JOSHUA WATER UTILITY G&A GENERAL CUSTOMERS 403.84 4,700.00JUST-RITE FENCE INSURANCE FUND G&A UNINSURED LOSS 4,700.00 78.01KELLER KIM ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS 78.01 142.50KENNEDY & GRAVEN ESCROWS PLACE 142.50 294.13KENNEDY JIM BLDG & ENERGY G & A BUILDING 294.13 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 20 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 20Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 175.28KHUTORETSKY ZAKHARY WATER UTILITY G&A GENERAL CUSTOMERS 175.28 1,656.30KILLMER ELECTRIC CO INC INSURANCE FUND G&A UNINSURED LOSS 1,656.30 11,762.26KIMLEY-HORN AND ASSOCIATES, INC.SIDEWALK & TRAILS G&A GENERAL PROFESSIONAL SERVICES 11,480.792023 MSA STREET PROJECT G&A GENERAL PROFESSIONAL SERVICES 11,159.702024 MSA STREET PROJECT G&A GENERAL PROFESSIONAL SERVICES 1,129.20WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 295.72SEWER CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 1,207.15STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 37,034.82 3,660.75KLEIN UNDERGROUND LLC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 3,660.75 1,346.40KORTERRA, INC.WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,346.40SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,346.40STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 4,039.20 9,735.08KRAEMER MINING & MATERIALS INC WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 9,735.08 1,500.00KRECH, O'BRIEN, MUELLER & WASS INC PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 1,500.00 2,932.52KREMER SERVICES LLC GENERAL REPAIR EQUIPMENT MTCE SERVICE 2,932.52 242.95LANGUAGE LINE SERVICES INC POLICE G & A OTHER CONTRACTUAL SERVICES 242.95 142.11LARSON MICHELE WATER UTILITY G&A GENERAL CUSTOMERS 142.11 3,833.28LAW ENFORCEMENT LABOR SERVICES INC EMPLOYEE BENEFITS FUND BAL SHT UNION DUES 3,833.28 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 21 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 21Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 295.00LEAGUE OF MINNESOTA CITIES ADMINISTRATION G & A TRAINING 239.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 534.00 152.13LEBOW ERIC WATER UTILITY G&A GENERAL CUSTOMERS 152.13 2,200.00LEE RYAN & SONYA ESCROWS PMC ESCROW 2,200.00 705.00LEGEND TECHNICAL SERVICES REILLY G & A OTHER CONTRACTUAL SERVICES 705.00 1,182.50LEICA GEOSYSTEMS INC ENGINEERING G & A COMPUTER SERVICES 1,182.50 8.75LEONID METELITSA BLDG & ENERGY G & A MASSAGE THERAPY ESTABLISHMENTS 8.75 312.00LIBERTY TIRE SERVICES LLC GENERAL REPAIR CLEANING/WASTE REMOVAL SERVICE 312.00 38.74LIDDICOAT RACHEL WATER UTILITY G&A GENERAL CUSTOMERS 38.74 340.69LITTLE FALLS MACHINE INC GENERAL FUND BALANCE SHEET INVENTORY 340.69 104.00LOCKRIDGE GRINDAL NAUEN PLLP REILLY G & A LEGAL SERVICES 104.00 258.24LOFFLERIT G & A EQUIPMENT MTCE SERVICE 258.24 160.00LOFFLER COMPANIES IT G & A OFFICE EQUIPMENT 3,630.54IT G & A EQUIPMENT MTCE SERVICE 3,790.54 26,878.30LOGISIT G & A COMPUTER SERVICES 260.11TECHNOLOGY REPLACEMENT OTHER 44,914.00TECHNOLOGY REPLACEMENT OTHER CONTRACTUAL SERVICES City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 22 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 22Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 72,052.41 2,507.15LUBE-TECH & PARTNERS LLC GENERAL FUND BALANCE SHEET INVENTORY 2,507.15 51.13LUCACHICK ANGIE WATER UTILITY G&A GENERAL CUSTOMERS 51.13 29.77LYNCH STACIA WATER UTILITY G&A GENERAL CUSTOMERS 29.77 1,092.64M G INCENTIVES POLICE G & A OPERATIONAL SUPPLIES 1,092.64 3,997.31M&M HYDRAULIC COMPANY WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 3,997.31 756.91MACQUEEN EQUIP CO GENERAL FUND BALANCE SHEET INVENTORY 1,974.62FIRE OPERATIONS SMALL TOOLS 1,966.08FIRE OPERATIONS RADIO COMMUNICATIONS 748.64SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 5,446.25 1,674.34MAGNACHARGE BATTERY USA, LLC.GENERAL FUND BALANCE SHEET INVENTORY 1,674.34 47.19MAHONEY TIM WATER UTILITY G&A GENERAL CUSTOMERS 47.19 28,558.36MANSFIELD OIL COMPANY OF GAINSVILLE, INC GENERAL FUND BALANCE SHEET INVENTORY 28,558.36 1,880.00MARIE RIDGEWAY LICSW LLC POLICE G & A GENERAL PROFESSIONAL SERVICES 1,880.00 1,145.63MARTINEZ THOMAS EMPLOYEE BENEFITS FUND G&A TUITION 1,145.63 816.00MASTER TECHNOLOGY GROUP TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 1,224.00TECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICE 1,632.00REC CENTER BUILDING OTHER CONTRACTUAL SERVICES City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 23 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 23Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 3,672.00 100.00MBPTABLDG & ENERGY G & A SUBSCRIPTIONS/MEMBERSHIPS 100.00 65.00MCCABE TARA BASKETBALL REFUNDS & REIMBURSEMENTS 65.00 14.46MENARDSROUTINE MAINTENANCE OPERATIONAL SUPPLIES 6.97WIRING REPAIR SMALL TOOLS 13.79SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES 53.93PARK MAINTENANCE G & A GENERAL SUPPLIES 89.94PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 129.92PARK GROUNDS MAINTENANCE GENERAL SUPPLIES 89.82PARK GROUNDS MAINTENANCE BLDG/STRUCTURE SUPPLIES 86.79WESTWOOD G & A GENERAL SUPPLIES 12.36WESTWOOD G & A OTHER IMPROVEMENT SUPPLIES 92.27FAMILY PROGRAMS GENERAL SUPPLIES 12.94GENERAL REPAIR GENERAL SUPPLIES 603.19 1,070.00METRO VOLLEYBALL OFFICIALS ASSOC. VOLLEYBALL OTHER CONTRACTUAL SERVICES 1,070.00 91,025.55METROPOLITAN COUNCIL BLDG & ENERGY G & A DUE TO OTHER GOVTS 2,850.00WATER UTILITY G&A CLEANING/WASTE REMOVAL SERVICE 1,825.00REILLY G & A CLEANING/WASTE REMOVAL SERVICE 475.00SEWER UTILITY G&A CLEANING/WASTE REMOVAL SERVICE 361,200.27OPERATIONSCLEANING/WASTE REMOVAL SERVICE 457,375.82 40.54MEZZENGA LUKE WATER UTILITY G&A GENERAL CUSTOMERS 40.54 600.00MHSRC/RANGE POLICE G & A TRAINING 600.00 1.00MIDLAND HVAC LLC BLDG & ENERGY G & A DUE TO OTHER GOVTS 65.00BLDG & ENERGY G & A MECHANICAL 66.00 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 24 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 24Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 17.50MIDWEST BADGE & NOVELTY CO COMMUNICATIONS/DISPATCH OPERATIONAL SUPPLIES 17.50 32.50MIDWEST MAINTENANCE AND MECHANICAL BLDG & ENERGY G & A PLUMBING 32.50 138.00MINNEAPOLIS FINANCE DEPT POLICE G & A OTHER CONTRACTUAL SERVICES 138.00 848.16MINNESOTA CHILD SUPPORT PYT CTR EMPLOYEE BENEFITS FUND BAL SHT WAGE GARNISHMENTS 848.16 865.00MINNESOTA CONTROL SOLUTIONS, LLC. WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 865.00 23.00MINNESOTA DEPARTMENT OF HEALTH WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 23.00 2,307.58MINNESOTA DEPT PUBLIC SAFETY VEHICLES & EQUIPMENT G&A MACHINERY & AUTO EQUIPMENT 5,075.21CAPITAL REPLACEMENT B/S INVENTORY 7,382.79 529.00MINNESOTA NATIVE LANDSCAPES INVASIVE PLANT MGMT/RESTORATIO LANDSCAPING MATERIALS 529.00 25.00MINNESOTA POLLUTION CONTROL AGENCY FACILITIES MCTE G & A LICENSES 345.00WATER UTILITY G&A LICENSES 1,230.00REILLY G & A LICENSES 23.00SEWER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 1,623.00 14,218.00MINNESOTA/WISCONSIN PLAYGROUND PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIES 14,218.00 245.00MINUTEMAN PRESS COMM & MARKETING G & A OFFICE SUPPLIES 245.00 3,000.00MINVALCO INC WATER UTILITY G&A OPERATIONAL SUPPLIES 3,000.00 200.00MN DEPT LABOR AND INDUSTRY FACILITIES MCTE G & A LICENSES City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 25 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 25Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 200.00 890.00MN FIRE SERVICE CERTIFICATION BOARD FIRE OPERATIONS TRAINING 890.00 60.00MN SOLAR AND MORE LLC BLDG & ENERGY G & A BUILDING 60.00 390.00MOBOTREXLOCATES/GOPHER ONE OTHER IMPROVEMENT SUPPLIES 390.00 25,000.00MONARCA INTERNATIONAL GROUP, LLC. ESCROWS PMC ESCROW 25,000.00 5,000.00MOVEFWDPOLICE G & A OTHER CONTRACTUAL SERVICES 5,000.00 162.00MPCASIDEWALK & TRAILS G&A GENERAL PROFESSIONAL SERVICES 141.75STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 931.50PAVEMENT MANAGEMENT G&A GENERAL PROFESSIONAL SERVICES 546.75WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 81.00SEWER CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 162.00STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 2,025.00 80.00MPLS/ST PAUL BUSINESS JOURNAL COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPS 80.00 244.00MR CUTTING EDGE REC CENTER BUILDING EQUIPMENT MTCE SERVICE 244.00 172.22MSC INDUSTRIAL SUPPLY CO.GENERAL FUND BALANCE SHEET INVENTORY 262.07VEHICLE MAINTENANCE G&A BUILDING MTCE SERVICE 434.29 404.55MTI DISTRIBUTING CO GENERAL FUND BALANCE SHEET INVENTORY 404.55 130.33MUELLER ANDREA WATER UTILITY G&A GENERAL CUSTOMERS 130.33 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 26 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 26Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 2,760.00MUNICIPAL EMERGENCY SERVICES FIRE OPERATIONS PROTECTIVE CLOTHING 15,105.00EQUIP/VEHICLE REPLACEMENT MACHINERY & AUTO EQUIPMENT 17,865.00 491.53MUSCO SPORTS LIGHTING LLC PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 491.53 2,105.20NAPA (GENUINE PARTS CO)GENERAL FUND BALANCE SHEET INVENTORY WATER UTILITY G&A GENERAL SUPPLIES 15.29PARK MAINTENANCE G & A GENERAL SUPPLIES 35.91VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 103.54GENERAL REPAIR GENERAL SUPPLIES 2,259.94 3,555.00NASTT 2022 NO-DIG SHOW ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT 3,555.00 175.00NEUMANN GAIL WATER UTILITY G&A GENERAL CUSTOMERS 175.00 75.76NICHOLLS MEGAN INSTRUCTIONAL SKATING LESSONS OPERATIONAL SUPPLIES 75.76 209.95NOKOMIS SHOE SHOP WATER UTILITY G&A OPERATIONAL SUPPLIES 179.95PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 250.00ENTERPRISE G & A OPERATIONAL SUPPLIES 229.90VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 869.80 4,465.55NORTH AMERICAN SAFETY INC PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 4,465.55 222.60NORTHERN AIRE POOLS INC WATER UTILITY G&A OPERATIONAL SUPPLIES 201.53SPLASH PAD MAINT - Oak Hill Pk GENERAL SUPPLIES 424.13 263.30NORTHERN SAFETY TECHNOLOGY INC GENERAL FUND BALANCE SHEET INVENTORY 263.30 172.00NORTHLAND RECREATION, LLC.PLAYGROUND EQUIPMENT MAINTENAN GENERAL SUPPLIES 172.00 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 27 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 27Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 38.67OESTREICH, MARK WESTWOOD G & A GENERAL SUPPLIES 38.67 167.28OFFICE DEPOT COMM & MARKETING G & A PRINTING & PUBLISHING 101.51FINANCE G & A OFFICE SUPPLIES 82.49COMM DEV PLANNING G & A OFFICE SUPPLIES 249.99FACILITIES MCTE G & A GENERAL SUPPLIES 120.06POLICE G & A OFFICE SUPPLIES 58.00POLICE G & A POSTAGE 90.41BLDG & ENERGY G & A OFFICE SUPPLIES 139.23PUBLIC WORKS G & A OFFICE SUPPLIES 11.69WATER UTILITY G&A OFFICE SUPPLIES 65.14VEHICLE MAINTENANCE G&A OFFICE SUPPLIES 1,085.80 120.00OFFICE OF THE SECRETARY OF STATE POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 120.00 462.00OLMSTEAD MEDICAL CENTER SPORTS MEDICINEFIRE OPERATIONS TRAINING 462.00 197.11OLSON, DON WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 197.11 57.00ON SITE SANITATION NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 67.00SOLID WASTE G&A OPERATIONAL SUPPLIES 1,855.04FIELD MAINT OTHER CONTRACTUAL SERVICES 110.00OFF-LEASH DOG PARK OTHER CONTRACTUAL SERVICES 2,089.04 124.90O'REILLY FIRST CALL GENERAL FUND BALANCE SHEET INVENTORY 9.99GENERAL REPAIR GENERAL SUPPLIES 134.89 28.33OSVOG, LOWELL WATER UTILITY G&A GENERAL CUSTOMERS 28.33 2,992.60OVERHEAD DOOR CO FACILITIES MCTE G & A BUILDING MTCE SERVICE 2,992.60 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 28 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 28Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 381.63OXYGEN SERVICE COMPANY INC FIRE OPERATIONS OPERATIONAL SUPPLIES 381.63 1,644.00PACE ANALYTICAL SERVICES INC REILLY G & A OTHER CONTRACTUAL SERVICES 1,644.00 3,005.00PATRIOT DIAMOND SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 3,005.00 2.00PATTY CONNOR BLDG & ENERGY G & A DUE TO OTHER GOVTS 70.00BLDG & ENERGY G & A ELECTRICAL 70.00BLDG & ENERGY G & A PLUMBING 142.00 65.00PAVLIK, JULIE BASKETBALL REFUNDS & REIMBURSEMENTS 65.00 25.00PERMITTECHNATIONBLDG & ENERGY G & A SUBSCRIPTIONS/MEMBERSHIPS 25.00 3,500.00PISANSKY MARC & ANABEL CASSIDY ESCROWS PMC ESCROW 3,500.00 115.00PLOOF DORENE PICNIC SHELTERS REFUNDS & REIMBURSEMENTS 115.00 1,367.84POMP'S TIRE SERVICE INC GENERAL FUND BALANCE SHEET INVENTORY 1,367.84 1,100.00PRAIRIE RESTORATIONS INC NATURAL RESOURCES G & A OTHER CONTRACTUAL SERVICES 1,100.00 339.25PRECISE MRM, LLC.PUBLIC WORKS OPS G & A OTHER CONTRACTUAL SERVICES 339.25WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 339.25SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 323.58SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 339.25STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 1,680.58 248.47PREMIUM WATERS INC FIRE OPERATIONS OPERATIONAL SUPPLIES 248.47 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 29 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 29Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 738.00PUMP & METER SERVICE VEHICLE MAINTENANCE G&A BUILDING MTCE SERVICE 738.00 14,641.13PUSH PEDAL PULL MUNICIPAL BLDGS G&A IMPROVEMENTS OTHER THAN BUILDI 14,641.13 2,905.25QUALITY FLOW SYSTEMS INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 2,905.25 97.48QUARBERG ALI WATER UTILITY G&A GENERAL CUSTOMERS 97.48 78.23QUICKSILVER EXPRESS COURIER HUMAN RESOURCES GENERAL SUPPLIES 78.23 17,631.63R AND L CONSTRUCTION, LLC.PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 17,631.63 4,874.80RANDY'S ENVIROMENTAL SERVICES FACILITIES MCTE G & A GARBAGE/REFUSE SERVICE 4,292.06REC CENTER BUILDING GARBAGE/REFUSE SERVICE 9,166.86 76.13RAYMER STEPHEN BLDG & ENERGY G & A ELECTRICAL 76.13 439.21RED WING BUSINESS ADVANTAGE ACCOUNT BLDG & ENERGY G & A GENERAL SUPPLIES 233.99PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 500.00PARK MAINTENANCE G & A OPERATIONAL SUPPLIES 250.00VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 1,423.20 456.99RED WING STORE ENGINEERING G & A OPERATIONAL SUPPLIES 212.50WATER UTILITY G&A OPERATIONAL SUPPLIES 669.49 3,734.20-REDSTONE CONSTRUCTION, LLC.STREET CAPITAL PROJ BAL SHEET RETAINAGE PAYABLE 59,266.74STREET CAPITAL PROJ G & A OTHER CONTRACTUAL SERVICES 15,417.22WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 70,949.76 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 30 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 30Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 19,680.28REFERRAL COLLISION INSURANCE FUND G&A UNINSURED LOSS 19,680.28 443.13REGENTS OF THE UNIVERSITY OF MINNESOTA WESTWOOD G & A GENERAL SUPPLIES 443.13 71.82RILES DEBORAH WATER UTILITY G&A GENERAL CUSTOMERS 71.82 271.60RINDELS TALON & ZACHARY WATER UTILITY G&A GENERAL CUSTOMERS 271.60 130.12RINEHART SARAH WATER UTILITY G&A GENERAL CUSTOMERS 130.12 3,993.60RIVER CITY SUPPLY LLC FIRE OPERATIONS FIRE PREVENTION SUPPLIES 3,993.60 368.28ROBERT B HILL CO REC CENTER BUILDING GENERAL SUPPLIES 368.28 4,517.29ROBERT HALF TECHNOLOGY FIRE OPERATIONS GENERAL PROFESSIONAL SERVICES 5,183.46BLDG & ENERGY G & A GENERAL PROFESSIONAL SERVICES 9,700.75 3.86ROSEVILLE MIDWAY FORD GENERAL FUND BALANCE SHEET INVENTORY 3.86 9,900.00RTVISION INC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 9,900.00 12,408.96SAFEASSURE CONSULTANTS INC EMPLOYEE BENEFITS FUND G&A GENERAL PROFESSIONAL SERVICES 12,408.96 630.00SAFE-FAST, INC.WATER UTILITY G&A OPERATIONAL SUPPLIES 630.00 218.77SAM'S CLUB HOLIDAY PROGRAMS GENERAL SUPPLIES 218.77 1,217.22SCAN AIR FILTER INC REC CENTER BUILDING GENERAL SUPPLIES City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 31 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 31Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 1,217.22 159.00SCHAAKE COMPANY, AJ HUMAN RESOURCES RECOGNITION 159.00 26.70SCHILLING BRYAN WATER UTILITY G&A GENERAL CUSTOMERS 26.70 3,140.52SCHINDLER ELEVATOR CORP FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 3,140.52 60.00SCHMITT ERIC FIRE OPERATIONS TRAINING 60.00 1,635.00SCHMITZ AMBER INSTRUCTIONAL SKATING LESSONS OPERATIONAL SUPPLIES 1,635.00 15.00SELA GROUP LLC WATER UTILITY G&A GENERAL CUSTOMERS 15.00 1,258.45SERVICE MASTER SEWER CAPITAL PROJ G & A OTHER CONTRACTUAL SERVICES 1,258.45 265.00SETS DESIGN INC.POLICE G & A OPERATIONAL SUPPLIES 265.00 7,470.00SHADYWOOD TREE EXPERTS & LANDSCAPING TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICE 18,150.00TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICE 25,620.00 1,120.00SHAPCO PRINTING INC COMM & MARKETING G & A PRINTING & PUBLISHING 1,120.00 565.54SHARBONO, MATTHEW TRAINING SEMINARS/CONFERENCES/PRESENTAT 565.54 1,100.00SHI INTERNATIONAL CORP TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 1,100.00 256.15SHILOG LTD WATER UTILITY G&A OPERATIONAL SUPPLIES 256.15 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 32 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 32Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 240.60SHUBEEBLDG & ENERGY G & A GENERAL SUPPLIES 240.60 130.84SITEONE LANDSCAPE SUPPLY LLC PARK MAINTENANCE G & A GENERAL SUPPLIES 294.38PARK MAINTENANCE G & A SMALL TOOLS 624.38IRRIGATION MAINTENANCE GENERAL SUPPLIES 67.73PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 66.62PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 1,183.95 1,789.32SLP FF ASSOC IAFF LOCAL #993 EMPLOYEE BENEFITS FUND BAL SHT UNION DUES 1,789.32 1,010.17SMITH LAURA HUMAN RESOURCES TRAINING 1,010.17 45.05SMITH, TIM FIRE OPERATIONS SEMINARS/CONFERENCES/PRESENTAT 45.05 60.00SOLARPODBLDG & ENERGY G & A BUILDING 60.00 120.00SOLCIUS, LLC.BLDG & ENERGY G & A BUILDING 120.00 .10SPARTAN, LLC.BLDG & ENERGY G & A DUE TO OTHER GOVTS 73.50BLDG & ENERGY G & A ELECTRICAL 73.60 250.79SPS COMPANIES INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 36.30REC CENTER BUILDING OPERATIONAL SUPPLIES 287.09 1,106.18SRF CONSULTING GROUP INC SIDEWALK & TRAILS G&A IMPROVEMENTS OTHER THAN BUILDI 1,106.18 47.38SRINIVASAN SHREYA WATER UTILITY G&A GENERAL CUSTOMERS 47.38 42,433.00ST. LOUIS PARK HOUSING AUTHORITY KIDS IN THE PARK RENT ASSIST OTHER CONTRACTUAL SERVICES City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 33 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 33Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 42,433.00 110.00ST. LOUIS PARK ROTARY ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS 110.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 220.00 81.62STAMMAN JORDAN WATER UTILITY G&A GENERAL CUSTOMERS 81.62 7,920.83STANDARD SIDEWALK, INC.PAVEMENT MANAGEMENT B/S RETAINAGE PAYABLE 7,920.83 23.86STARK PATRICK WATER UTILITY G&A GENERAL CUSTOMERS 23.86 804.94STATE SUPPLY CO., INC.REC CENTER BUILDING GENERAL SUPPLIES 804.94 263.11STEELE RYAN WATER UTILITY G&A GENERAL CUSTOMERS 263.11 145.46STEINMAN GERALD WATER UTILITY G&A GENERAL CUSTOMERS 145.46 19.34STERICYCLE, INC.FINANCE G & A GENERAL PROFESSIONAL SERVICES 562.74POLICE G & A OTHER CONTRACTUAL SERVICES 20.69WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 602.77 225.00STETTNER ZACHARY & MARY CLIMATE INVESTMENT FUND G & A OTHER CONTRACTUAL SERVICES 225.00 1,347.28STREICHER'S POLICE G & A OPERATIONAL SUPPLIES 220.00FIRE OPERATIONS UNIFORMS 1,567.28 5,004.56SUBURBAN TIRE WHOLESALE GENERAL FUND BALANCE SHEET INVENTORY 5,004.56 1,000.00SULLIVAN ADAM ESCROWS PMC ESCROW 1,000.00 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 34 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 34Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 372.28SUMMIT ENVIROSOLUTIONS INC GENERAL FUND BALANCE SHEET PREPAID EXPENSES 3,771.82WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 11,830.90REILLY G & A GENERAL PROFESSIONAL SERVICES 15,975.00 1,013.33SUNBELT RENTALS INC REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 1,013.33 38.57SUNDBERG AMERICA FACILITIES MCTE G & A GENERAL SUPPLIES 38.57 4,163.00SUSTAINABLE RESOURCES CENTER EMERGENCY REPAIR GRANTS OTHER CONTRACTUAL SERVICES 4,163.00 13,889.76TACTICAL RC, LLC.TECHNOLOGY REPLACEMENT OTHER CONTRACTUAL SERVICES 13,889.76 4,598.45TARGETSOLUTIONS LEARNING, LLC FIRE OPERATIONS TRAINING 4,598.45 264.00TEE JAY NORTH, INC.REC CENTER BUILDING EQUIPMENT MTCE SERVICE 264.00 95.46TELELANGUAGE INC ADMINISTRATION G & A OTHER CONTRACTUAL SERVICES 95.46 2,485.00TEXA TONKA APARTMENTS, LLC.BLDG & ENERGY G & A DUE TO OTHER GOVTS 800.00WATER UTILITY G&A WATER AVAIL CHARGE (WAC) 3,285.00 41.00TEXA TONKA TAILORING FIRE OPERATIONS GENERAL PROFESSIONAL SERVICES 41.00 2,521.78THE MPX GROUP COMM & MARKETING G & A PRINTING & PUBLISHING 2,521.78 308.00THE SHERWIN WILLIAMS WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 308.00 336.87THE SHERWIN WILLIAMS CO PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 35 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 35Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 336.87 245.52THE SHERWINN WILLIAMS CO PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 245.52 172.00THE SIGN PRODUCERS INC FACILITIES MCTE G & A GENERAL SUPPLIES 172.00 90.17THE STANDARD ADMINISTRATION G & A LIFE INSURANCE 93.47ADMINISTRATION G & A LONG TERM DISABILITY 70.87HUMAN RESOURCES LIFE INSURANCE 71.06HUMAN RESOURCES LONG TERM DISABILITY 82.17COMM & MARKETING G & A LIFE INSURANCE 80.51COMM & MARKETING G & A LONG TERM DISABILITY 90.55IT G & A LIFE INSURANCE 88.83IT G & A LONG TERM DISABILITY 113.41ASSESSING G & A LIFE INSURANCE 112.83ASSESSING G & A LONG TERM DISABILITY 119.63FINANCE G & A LIFE INSURANCE 122.48FINANCE G & A LONG TERM DISABILITY 303.66COMM DEV G & A LIFE INSURANCE 313.54COMM DEV G & A LONG TERM DISABILITY 101.07FACILITIES MCTE G & A LIFE INSURANCE 103.64FACILITIES MCTE G & A LONG TERM DISABILITY 1,106.68POLICE G & A LIFE INSURANCE 1,097.06POLICE G & A LONG TERM DISABILITY 105.79COMMUNICATIONS/DISPATCH LIFE INSURANCE 103.52COMMUNICATIONS/DISPATCH LONG TERM DISABILITY 564.01FIRE OPERATIONS LIFE INSURANCE 560.01FIRE OPERATIONS LONG TERM DISABILITY 330.96BLDG & ENERGY G & A LIFE INSURANCE 340.59BLDG & ENERGY G & A LONG TERM DISABILITY 35.69SUSTAINABILITY G&A LIFE INSURANCE 35.01SUSTAINABILITY G&A LONG TERM DISABILITY 87.12PUBLIC WORKS G & A LIFE INSURANCE 85.41PUBLIC WORKS G & A LONG TERM DISABILITY 232.17ENGINEERING G & A LIFE INSURANCE 240.01ENGINEERING G & A LONG TERM DISABILITY 246.76PUBLIC WORKS OPS G & A LIFE INSURANCE 244.64PUBLIC WORKS OPS G & A LONG TERM DISABILITY 36.16CABLE TV G & A LIFE INSURANCE City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 36 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 36Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 40.82CABLE TV G & A LONG TERM DISABILITY 21.84HOUSING REHAB G & A LIFE INSURANCE 21.48HOUSING REHAB G & A LONG TERM DISABILITY 125.98WATER UTILITY G&A LIFE INSURANCE 124.98WATER UTILITY G&A LONG TERM DISABILITY 49.53SEWER UTILITY G&A LIFE INSURANCE 48.49SEWER UTILITY G&A LONG TERM DISABILITY 46.74SOLID WASTE G&A LIFE INSURANCE 45.90SOLID WASTE G&A LONG TERM DISABILITY 94.11STORM WATER UTILITY G&A LIFE INSURANCE 92.14STORM WATER UTILITY G&A LONG TERM DISABILITY 8,223.61EMPLOYEE BENEFITS FUND G&A LIFE INSURANCE 150.24ORGANIZED REC G & A LIFE INSURANCE 152.76ORGANIZED REC G & A LONG TERM DISABILITY 180.59PARK MAINTENANCE G & A LIFE INSURANCE 177.05PARK MAINTENANCE G & A LONG TERM DISABILITY 19.94NATURAL RESOURCES G & A LIFE INSURANCE 19.62NATURAL RESOURCES G & A LONG TERM DISABILITY 79.88WESTWOOD G & A LIFE INSURANCE 78.37WESTWOOD G & A LONG TERM DISABILITY 106.30REC CENTER SALARIES LIFE INSURANCE 104.16REC CENTER SALARIES LONG TERM DISABILITY 93.98VEHICLE MAINTENANCE G&A LIFE INSURANCE 91.87VEHICLE MAINTENANCE G&A LONG TERM DISABILITY 17,599.86 97.72THE UPS STORE WATER UTILITY G&A OPERATIONAL SUPPLIES 97.72 65.00THOEN ANNA BASKETBALL REFUNDS & REIMBURSEMENTS 65.00 335.98THOMSON REUTERS WEST PAYMENT CENTER POLICE G & A OTHER CONTRACTUAL SERVICES 335.98 326.00THRIVEPASSEMPLOYEE BENEFITS FUND G&A GENERAL PROFESSIONAL SERVICES 326.00 1,002.09THYSSENKRUPP ELEVATOR REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 1,002.09 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 37 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 37Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 395.50TIMESAVER OFF SITE SECRETARIAL ADMINISTRATION G & A OTHER CONTRACTUAL SERVICES 344.50COMM DEV PLANNING G & A OTHER CONTRACTUAL SERVICES 740.00 184.00TITAN MACHINERY GENERAL FUND BALANCE SHEET INVENTORY 11.13VEHICLE MAINTENANCE G&A POSTAGE 195.13 672.00TNC INDUSTRIES INC FACILITIES MCTE G & A BUILDING MTCE SERVICE 672.00 12.03TOLL GAS & WELDING SUPPLY WATER UTILITY G&A GENERAL SUPPLIES 12.03 4,250.00TOUCHSTONE IQ, LLC SUSTAINABILITY G&A GENERAL PROFESSIONAL SERVICES 4,250.00 947.20TRACK INC GENERAL FUND BALANCE SHEET INVENTORY 947.20 3,451.85TRAFFIC AND PARKING CONTROL CO., INC. INSURANCE FUND G&A UNINSURED LOSS 3,451.85 1,600.00TRANSPORTATION COLLABORATIVE & CONSULT. ESCROWS GENERAL 1,600.00 317.09TRI STATE BOBCAT GENERAL FUND BALANCE SHEET INVENTORY 317.09 257.98TRITECH SOFTWARE SYSTEMS POLICE G & A JAIL/DETENTION SERVICES 257.98 60.00TRUNORTH SOLAR BLDG & ENERGY G & A BUILDING 60.00 7,849.53TWIN CITY GARAGE DOOR CO FACILITIES MCTE G & A BUILDING MTCE SERVICE 7,849.53 544.66TWIN CITY OUTDOOR SERVICES INC SNOW PLOWING OTHER CONTRACTUAL SERVICES 1,305.00SSD 1 G&A OTHER CONTRACTUAL SERVICES 453.00SSD 3 G&A OTHER CONTRACTUAL SERVICES City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 38 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 38Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 2,302.66 10.98TWIN CITY SAW CO GENERAL FUND BALANCE SHEET INVENTORY 10.98 210.00U OF M TICKETS & EVENTS SEWER UTILITY G&A TRAINING 210.00 360.00UHL CO INC FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 20,981.25PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 37,218.75REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 58,560.00 220.17ULINEPOLICE G & A OPERATIONAL SUPPLIES 220.17 105.00ULTIMATE SAFETY CONCEPTS INC FIRE OPERATIONS OPERATIONAL SUPPLIES 512.25FIRE OPERATIONS REPAIRS 617.25 551.30US AUTOFORCE GENERAL FUND BALANCE SHEET INVENTORY 551.30 1,083.21USA BLUE BOOK WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,083.21 2,387.95USDA, APHIS, GENERAL NATURAL RESOURCES G & A OTHER CONTRACTUAL SERVICES 2,387.95 268.43UTILITY LOGIC LOCATES/GOPHER ONE OTHER IMPROVEMENT SUPPLIES 813.86WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,082.29 42,382.49VALLEY-RICH CO INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 42,382.49 120.00VERIFIED CREDENTIALS LLC.HUMAN RESOURCES RECRUITMENT 120.00 50.04VERIZONSEWER UTILITY G&A TELEPHONE 20,838.49CELLPHONES, IPADS, ETC.TELEPHONE City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 39 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 39Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 20,888.53 490.00VETERAN ELECTRIC REC CENTER BUILDING MAINTENANCE 490.00 86.29VIKING INDUSTRIAL CTR WATER UTILITY G&A OPERATIONAL SUPPLIES 948.54WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,034.83 56,650.00VIKING PAINTING LLC WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 5,265.50SEWER UTILITY BALANCE SHEET RETAINAGE PAYABLE 61,915.50 50,756.14WALKER DESIGN STUDIO STREET CAPITAL PROJ G & A OTHER CONTRACTUAL SERVICES 218.77PAVEMENT MANAGEMENT G&A OTHER CONTRACTUAL SERVICES 1,859.60WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 1,859.60STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 54,694.11 1,790.25WARNING LITES OF MN INC SIDEWALK & TRAILS G&A GENERAL PROFESSIONAL SERVICES 3,580.502023 MSA STREET PROJECT G&A GENERAL PROFESSIONAL SERVICES 231.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 442.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 57.75SEWER CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 115.50STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 6,217.00 6,584.83-WASTE MANAGEMENT OF WI-MN SEWER UTILITY G&A REFUNDS & REIMBURSEMENTS 17,517.28-SOLID WASTE G&A GENERAL CUSTOMERS 112,613.76SOLID WASTE G&A GARBAGE/REFUSE SERVICE 40,882.41SOLID WASTE G&A RECYCLING SERVICE 26,150.01SOLID WASTE G&A YARD WASTE SERVICE 41,373.93SOLID WASTE G&A ORGANICS 13,169.66-PARK MAINTENANCE G & A REFUNDS & REIMBURSEMENTS 183,748.34 398.00WEINBERG E FACILITIES MCTE G & A BUILDING MTCE SERVICE 398.00 18.20WERGIN ERIC WATER UTILITY G&A GENERAL CUSTOMERS 18.20 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 40 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 40Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 69.18WERMERSKIREHEN SHAWN WATER UTILITY G&A GENERAL CUSTOMERS 69.18 248.04WEST, JASON ORGANIZED REC G & A MILEAGE-PERSONAL CAR 248.04 4,247.10WESTIN HOTEL FIRE OPERATIONS SEMINARS/CONFERENCES/PRESENTAT 4,247.10 34,425.00WHITE BEAR MITSUBISHI VEHICLES & EQUIPMENT G&A MACHINERY & AUTO EQUIPMENT 34,425.00 22.19WILSON JAMES & MORGAN WATER UTILITY G&A GENERAL CUSTOMERS 22.19 104.00WINDOW CONCEPTS OF MN BLDG & ENERGY G & A BUILDING 70.00BLDG & ENERGY G & A PLUMBING 174.00 60.00WOLF RIVER ELECTRIC BLDG & ENERGY G & A BUILDING 60.00 279.15WOODFORD MARY WATER UTILITY G&A GENERAL CUSTOMERS 279.15 168.15WORLD FUEL SERVICES, INC.GENERAL FUND BALANCE SHEET INVENTORY 168.15 212.50WRAP CITY GRAPHICS PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 95.00WESTWOOD G & A GENERAL SUPPLIES 307.50 692.00WS & D PERMIT SERVICE BLDG & ENERGY G & A BUILDING 692.00 10,112.00WSB ASSOC INC ENGINEERING G & A GENERAL PROFESSIONAL SERVICES 10,112.00 230.00WW GOETSCH ASSOCIATES INC REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 230.00 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 41 5/12/2022CITY OF ST LOUIS PARK 9:41:05R55CKS2 LOGIS400V 41Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/29/20223/26/2022 - Amount ObjectVendorBU Description 17,204.42XCEL ENERGY FACILITIES MCTE G & A ELECTRIC SERVICE 46,746.51PUBLIC WORKS OPS G & A ELECTRIC SERVICE 10,000.00SIDEWALK & TRAILS G&A OTHER CONTRACTUAL SERVICES 35,956.19WATER UTILITY G&A ELECTRIC SERVICE 1,614.08REILLY G & A ELECTRIC SERVICE 4,806.39SEWER UTILITY G&A ELECTRIC SERVICE 1,924.67STORM WATER UTILITY G&A ELECTRIC SERVICE 5,730.37PARK MAINTENANCE G & A ELECTRIC SERVICE 152.10BRICK HOUSE (1324)ELECTRIC SERVICE 193.33WW RENTAL HOUSE (1322)ELECTRIC SERVICE 25,785.91REC CENTER BUILDING ELECTRIC SERVICE 150,113.97 321.00YOUNG ENV. CONSULTING GROUP, LLC. STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 321.00 12,064.00ZENGER FOLKMAN COMPANY HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT 12,064.00 59.97ZIEGLER INC GENERAL FUND BALANCE SHEET INVENTORY 4,366.36PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICE 4,426.33 Report Totals 2,503,406.51 City council meeting of May 16, 2022 (Item No. 4a) Title: Approval of city disbursements Page 42 Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4b Executive summary Title: Vehicle towing and impounding agreement and impound lot lease extension Recommended action: Staff recommends that council approve the vehicle towing and impounding agreement and impound lot lease extension with Bobby & Steve’s Auto World Eden Prairie, LLC. Policy consideration: Does council wish to approve the vehicle towing and impounding agreement and impound lot lease extension with Bobby & Steve’s Auto World Eden Prairie, LLC? Summary: The current vehicle towing and impounding agreement and impound lot lease with Bobby & Steve’s Auto World Eden Prairie, LLC expired on March 31, 2022. Due to delays in the completion of the City’s water tower rehabilitation, staff is recommending that the vehicle towing and impounding agreement and impound lot lease be extended for one year to ensure the continuity of services for vehicle towing and impounding. The vehicle towing and impounding agreement and impound lot lease extension agreement has been reviewed and approved by the St. Louis Park City Attorney. Financial or budget considerations: None Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Vehicle towing agreement and impound lot lease extensions Vehicle towing and impound agreement Prepared by: Mike Harcey, police chief Approved by: Kim Keller, city manager 1 LEASE EXTENSION AGREEMENT (“Lease Extension”) made this _______ day of __________________, 2022 by and between CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (“City”), as Lessor and the BOBBY & STEVE’S AUTO WORLD EDEN PRAIRIE, LLC, a Minnesota limited liability corporation (“Auto World”) as Lessee. WHEREAS, the parties entered into a Lease Agreement dated March 28, 2018 relating to the lease of real property at 5100 Park Glen Road (“Water Tower Property”) (City Contract No. 44-18); and WHEREAS, contemporaneously with and as a condition of the execution of this Lease Extension, Auto World is entering into a Vehicle Towing and Impounding Agreement Extension with the City for a term of one (1) year (subject to early termination) (“City Towing Contract Extension”); and WHEREAS, the parties desire to extend the term of the Lease by one (1) year. NOW, THEREFORE, the parties agree as follows: 1.The term of the Lease Agreement shall be extended from March 31, 2022 to March 31, 2023. 2.All other terms and conditions of the Lease Agreement shall remain in full force and effect, including without limitation the requirement set forth in paragraph 7 of the Lease Agreement that all vehicles and equipment must be parked inside the fence. BOBBY & STEVE’S AUTO WORLD By: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ______________, 2022, by _____________________, the _________________ of Bobby & Steve’s Auto World Eden Prairie, LLC, a Minnesota limited liability partnership, on behalf of said partnership. Notary Public City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 2 2 CITY OF ST. LOUIS PARK By: Jake Spano, Mayor By: Kim Keller, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2021, by Jake Spano and Kim Keller, the Mayor and City Manager of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 3 3 VEHICLE TOWING AND IMPOUNDING AGREEMENT EXTENSION AGREEMENT made this _______ day of __________________, 2022 by and between CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (“City”), and BOBBY & STEVE’S AUTO WORLD EDEN PRAIRIE, LLC, (“Contractor”). WHEREAS, the parties entered into a Vehicle Towing and Impounding Agreement (“City Towing Contract”) dated March 28, 2018 relating to the impounding services (City Contract No. 43-18); and WHEREAS, contemporaneously with and as a condition of the execution of this City Towing Contract Extension, Contractor is entering into a Lease Extension with the City for a term of one (1) year (subject to early termination) (“Lease Extension”); and WHEREAS, the EDA has consented to the Lease Extension in the form of the Landowner Consent attached to the Lease Extension and incorporated therein by reference (“EDA Consent”); and WHEREAS, the parties desire to extend the term of the City Towing Contract by one (1) year. NOW, THEREFORE, the parties agree as follows: 1. The term of the City Towing Contract shall be extended from March 31, 2022 to March 31, 2023. 2. All other terms and conditions of the City Towing Contract and of the Parking Lot Lease Agreement shall remain in full force and effect. BOBBY & STEVE’S AUTO WORLD By: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ______________, 2021, by _____________________, the _________________ of Bobby & Steve’s Auto World Eden Prairie, LLC, a Minnesota limited liability partnership, on behalf of said partnership. Notary Public City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 4 4 CITY OF ST. LOUIS PARK By: Jake Spano, Mayor By: Kim Keller, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of __________, 2022, by Jake Spano and Kim Keller, the Mayor and City Manager of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 5 180555v1 1 CITY OF ST. LOUIS PARK VEHICLE TOWING AND IMPOUNDING AGREEMENT AGREEMENT, made as of ________________, 2022, between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation ("City"), and Bobby & Steve’s Auto World Eden Prairie, LLC ("Contractor"). The City and the Contractor agree as follows: 1. WORK TO BE PERFORMED The Contractor agrees to perform the following services upon receipt of a specific request from the City: To remove, impound and transport, or tow to storage facilities, all stolen, abandoned, damaged, illegally parked or other vehicles upon proper police request found in the public streets or elsewhere in the City of St. Louis Park. The Contractor also agrees to care for and store all such cars when requested by the City and to preserve and deliver them to the owners or persons entitled to the possession of them upon payment of towing and storage fees, all in accordance with the provisions of the State and City statutes and ordinances and these Contract documents. The Contractor represents that the Contractor has a commitment for and agrees to maintain storage facilities large enough to accommodate at least two hundred (200) automobiles, at the following location, 5100 Park Glen Road St. Louis Park, MN 55416. 2. LEASE OF REQUIRED STORAGE FACILITY Contractor is leasing from the City a portion of the property commonly referred to as the Water Tower property located at 5100 Park Glen Road upon which its required storage facility is located (“Water Tower Property Lease). The City’s early termination of the Water Tower Property Lease as a result of a default of the Lease terms by Contractor shall constitute a breach of this Contract entitling the City to early termination pursuant to Paragraph 13 herein. The early termination of the Water Tower Property Lease as a result of a MnDOT acquisition shall also terminate this Agreement. 3. TERM This Contract will be for a term of one (1) years commencing April 1, 2022 and ending March 31, 2023, unless terminated earlier pursuant to Paragraph 13 of this Contract. 4. DUTIES OF THE CONTRACTOR 4.1 The Contractor further agrees to pay all persons furnishing labor, supplies, equipment, space, or material to the Contractor in and about the performance of this City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 6 180555v1 2 Contract, these persons to be paid first, out of the amount due the Contractor, its agents or assigns. 4.2 The Contractor shall take immediate possession of any vehicle duly ordered impounded by the City and shall tow, not drive, such vehicle to the impounding storage facility. All vehicles being held for evidential or investigative reasons by the Police Department may not be released without authorization by the City Manager, Chief of Police or other designee. Other vehicles may be released as provided herein without formal authorization from the City Manager or Chief of Police. 4.3 The Contractor shall be responsible to check the theft status of any impounded vehicle in the Contractor’s possession at least once every week. 4.4 The Contractor also agrees to establish the identity of the registered owners and lien holders, if any, of impounded vehicles through the Department of Public Safety automobile titles, insurance papers, and dealer bills of sale. 4.5 It shall be the responsibility of the Contractor, immediately upon the deposit of a towed vehicle in the storage lot, to send the registered owner and lien holder of record a notice by certified mail specifying the date and place of the taking, the year, make, model, and serial number of the vehicle towed and the right to reclaim. Said notice shall include the procedure for reclaiming the impounded vehicle. The notice shall comply with Minn. Stat. 168B.06 and any other applicable law. A record of this notice shall be retained by the Contractor during the term of this Contract, and for an additional two (2) years after the expiration of this Contract. The cost of this notice is included in the Contractor’s portion of the administrative fee. If the owner of the impounded vehicle subject to a lien fails to reclaim the vehicle, the Contractor shall provide notice to the lien holder, if any, prior to disposition of the vehicle. Exception: When the vehicle is an abandoned vehicle (as defined by Minnesota law) more than seven model years of age, is not currently licensed, and is missing vital component parts, the Contractor may, with the approval of the Chief of Police, immediately dispose of such vehicle pursuant to Minn. Stat. 168B.01 et. seq. and any other applicable law. 4.6 The Contractor shall be solely responsible for all matters relating to the operation of the storage facility as provided for in the City Code. Said storage facility shall be fenced in a secure manner. 4.7 The Contractor agrees to keep safely all impounded vehicles, equipment and accessories contained therein, and personal property, and, notwithstanding the foregoing, to retain possession of same until all charges against the impounded vehicle have been satisfied, and to reimburse the City and the owners for any and all losses relating thereto. All personal property valued at One Hundred and no/100 Dollars ($100.00) or more shall be removed from the vehicle and stored in a secured place until returned to the owner at the time said vehicle is released. Personal City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 7 180555v1 3 property that, in the judgment of the Police Department is necessary for health and safety purposes, shall be released upon order of the Police Department. 4.8 The Contractor shall be required to keep, in a manner acceptable to the City, a monthly report of all vehicles towed, released, and still held. The report shall be forwarded to the Police Department no later than the tenth day of the following month. The report shall also include the reason why vehicles, if any, towed in the preceding month have not been released. All clerical, administrative, and late fees due the City shall be paid no later than the tenth of the month following that in which the charges accrued. 4.9 To promote the general welfare and safety, in all cases where the Contractor shall fail to respond to any call for tow trucks within thirty (30) minutes, the City shall be paid Fifty and no/100 Dollars ($50.00) by the Contractor. If the Contractor fails to respond within sixty (60) minutes, another vendor may be contacted to provide services, and the Contractor shall be responsible for the cost of the tow. 4.10 Contractor shall insure that all employees dress in appropriate attire that is clean and well maintained. Clothing should display the name of the contractor displayed in a contrasting color visible on the front of the employee’s shirt. 5. TOWING CHARGES Towing charges for service provided by the Contractor under this Contract shall be $129.50 per tow. The Contractor will not charge additional fees for specific services provided nor particular circumstances relating to any individual tow. The prohibited fees include, but are not limited to the following: Show up but not hoisted; show up hoisted and dropped; use of one dolly; waiting time, regardless of the amount; unusual labor required (e.g., more than fifty feet off the roadway, in a lake, etc.); and winching more than fifty feet. No additional administrative fees or charges of any kind, other than those specifically listed in this Contract, shall be charged. Vehicles which are snowed in and require shoveling by tow truck operator prior to towing shall be charged a $25.00 labor charge in addition to the standard towing fee. Towed vehicles exceeding one ton capacity shall be charged the standard tow fee plus an additional labor charge pro-rated per hour or part thereof at $100.00 per hour, plus material costs. The fee charged for storage of towed cars by Contractor will be the sum of $35.00/ per car space per day, calculated from midnight to midnight. The Contractor's towing charges shall include an additional administrative fee of fifty and no/100 dollars ($50.00) per vehicle towed, of which twenty-five and no/100 dollars ($25.00) per vehicle towed shall be paid to the City monthly, within ten (10) days of the end of each month, by the Contractor for clerical and administrative expenses of the City. City vehicles that require towing shall be towed without charge to the City. Contractor will not be liable to tow oversized City vehicles (i.e. firetrucks and maintenance equipment) without charge. City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 8 180555v1 4 Vehicles towed and stored pursuant to seizure under state law, at the request of the City, shall be charged a storage fee by Contractor of $3.00 per day. Contractor’s storage fee and tow fee for vehicles held pursuant to seizure under state law shall not exceed $540.00 per vehicle. Any private cars towed and/or stored in error at the request of the City shall be returned to the registered owner at no charge to the registered owner or the City. All tow prices shall include the clean-up of the street or highway by the Contractor. 6. STORAGE AND RELEASE OF IMPOUNDED VEHICLES Any vehicle directed to be impounded, from the time it is taken possession of by the Contractor and during the time it is impounded, and until it is reclaimed, shall be considered to be in the custody of the law, and no work shall be done on it by the Contractor, nor shall the Contractor permit anyone to do any work on it until the vehicle has been reclaimed. All vehicles, when ordered released by the City Manager or Police Department, shall be released to the registered owner without other charges other than the impounding and storage fees. During the time the vehicle is impounded, the Contractor shall not permit the owner or other persons to take or remove the vehicle or any parts or change or repair any parts. All vehicles impounded may be stored in inside garages or in fenced designated parking lots with a minimum fenced height of six (6) feet. The Contractor's hours of operation for release of impounded vehicles shall be as follows: Monday through Friday 7:30 a.m. to 6:00 p.m. Saturday 8:00 a.m. to 12:00 Noon Sunday and holidays 9:00 a.m. to 11:00 a.m. Contractor shall allow the vehicle owner to pick up a towed vehicle after Contractor’s hours of operation by paying an extra $100.00 fee. 7. RELEASE FORM No vehicles shall be released by the Contractor without authorization from the City. No vehicle shall be released without proper proof of ownership and proof of current automobile insurance. Vehicles ordered held by the Police Department shall not be released without written authorization from the Police Department. At the time of the return of the vehicle, the Contractor shall give a release in writing which shall state the date of such release together with the charges enumerated thereon and the purpose for which the charges were made. The release shall be made in one original and two copies, all of which shall be signed by the Contractor and the person to whom the release is made. The Contractor shall retain the original of the release and shall deliver one copy to the owner of the vehicle and one copy to the Police Department. City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 9 180555v1 5 8. CHARGES FOR OPERATIONS To the extent allowed by law, all charges for towing and storage shall be secured by a lien against the vehicle and its contents impounded and carried on account until the sale or other proper disposition of such vehicle is authorized by the City. 9. COMMUNICATIONS The Contractor shall provide a constant telephone answering service 24 hours a day, seven days per week, for the purpose of receiving requests for service pursuant to this Contract. 10. INSURANCE During the term of this Contract, the Contractor shall secure and maintain all bonds and insurance policies as will protect them from claims arising out of or as a result of Contractor's operations under this Contract whether such operations be by Contractor or by a Subcontractor or Sub-subcontractor or anyone directly or indirectly employed by any one of them, or by anyone for whose acts any of them may be held liable. Approval of the insurance by the City shall not in any way relieve or decrease the liability of Contractor hereunder, and it is expressly understood that the City does not in any way represent that the required insurance or liability limits hereunder are sufficient or adequate to protect Contractor's liabilities, obligations or interests. Contractor shall furnish City an Insurance Certificate in the form approved by the City's Risk Assessment Manager and/or City Clerk. Any insurance agent for coverage required by this Contract shall have in force and effect errors and omissions coverage in limits of not less than $500,000 per occurrence and $500,000 aggregate. Contractor shall not begin any work until the City has reviewed and approved the Insurance Certificates and has so notified Contractor directly in writing. Notice to proceed shall be subject to such approval of the City. Certificate of Insurance shall show that the required insurance is currently in force, and providing that said coverage shall not be terminated or changed by the Insurer except upon sixty (60) days prior written notice to the City. Failure to comply with the provisions of this section shall automatically suspend this Contract until said insurance provisions have been satisfied. A notice of insurance renewal shall be provided to the City (30) days prior to the renewal date of this insurance or the annual anniversary date of this Contract. Failure to provide the City with evidence of renewal shall automatically suspend this Contract until satisfactory evidence of renewal is provided the City. No policy shall contain any provisions for exclusion from liability other than the provisions for exclusions from liability forming part of the standard, basic, unamended and unendorsed form or policy, except no exclusion will be permitted if it conflicts with the coverage expressly required by this Contract or which would conflict with or in any way impair coverage under the Contractual coverage applying to this Contract. Compliance by the Contractor with the foregoing requirements to carry insurance and furnish certificates shall not relieve Contractor from liability assumed under any provision of this Contract. City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 10 180555v1 6 11. LIABILITY The Contractor will be liable for the loss of or damage to any impounded vehicle, including equipment thereon, and any personal property or other contents, which loss or damage is caused by the Contractor, its employees, agents or subcontractors. This liability would take effect from the time the Contractor or the Contractor’s agent signs the receipt for the vehicle provided by the Police Department or takes custody of the vehicle by hooking or hoisting, whichever occurs first. The Contractor shall take all precautions necessary to protect the public against injury, and will defend and hold the City harmless from all damages and claims of damage that may arise by reasons of the towing and storage of vehicles pursuant to this Contract. 12. INDEMNIFICATION The Contractor shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses including attorneys' fees, which may be asserted against or incurred by the City or for which the City may be held liable because of bodily injury including death at any time resulting therefrom, property damage including loss of use thereof, economic loss of, or any other type of damage arising out of the performance of this Contract by the Contractor, its employees, agents or subcontractors. 13. EARLY TERMINATION The City shall have the right to terminate this Contract in the event of breach thereof by the Contractor, and a continuing breach shall not be deemed to be waived because it was not followed by prompt termination. Upon breach of this Contract, neither party shall be entitled to any administrative hearing to establish the fact of default or a party’s right to terminate. Rather, all parties retain any and all rights at common law to obtain redress for breach of this Contract. This Contract shall terminate, and neither party nor officer of the City shall be liable for further performance after such termination if the Contract shall become invalid by reason of any present or future law other than an ordinance of the City. 14. EXCUSE FOR PERFORMANCE The work shall be done with resources which are adequate to insure the satisfactory towing of vehicles under all adverse conditions. Weather, breakdown, and similar hindrance which on other work might be regarded as "acts of providence" shall not apply to relieve the Contractor of the responsibility for carrying out the work. City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 11 180555v1 7 15. PERFORMANCE BOND The Contractor shall execute and deliver to the City Clerk a letter of credit or a performance bond executed by a corporate surety company authorized to do business in the State of Minnesota in the sum of Twenty-Five Thousand and no/100 Dollars ($25,000.00) to secure the faithful performance of this Contract by said Contractor conditioned upon that the Contractor shall well and truly perform and carry out the covenants, terms and conditions of this Contract in strict accordance with its provisions. This Contract shall be subject to termination by the City at any time if said bond shall be canceled or if the surety thereon is relieved from liability because of the Contractor's failure to pay the premium or upon the occurrence of the expiration of the period of the bond without renewal thereof. 16. SUCCESSORS AND ASSIGNS The Contractor, its successors, executors, administrators, and assigns are bound jointly and severally to the City in respect to all covenants of this Contract. The Contractor shall not assign or transfer any part of the Contractor’s interest in this Contract, or sublet as a whole, nor shall the Contractor assign any moneys due, or to become due, without the City's prior written consent. 17. SALE AND/OR DISPOSAL OF VEHICLES When the total of all charges for towing, storage and necessary additional charges equals or exceeds the value of the vehicle impounded, the Contractor shall sell at sheriff's sale or dispose of by any other legal means the said vehicle. In disposing of impounded vehicles, the Contractor shall comply with the provisions of Minnesota Statute 168B.09, Subd. (1) and (2) and any other applicable law. The Contractor shall report all transactions of sale or disposal, and the proceeds received therefrom, to the Office of the City Manager within two business days. The Contractor shall keep a record of all losses and profits from the sale or disposal of said vehicles and report annually. 18. INDEPENDENT CONTRACTOR At all times and for all purposes herein, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so to find the Contractor an employee of the City. 19. NON-DISCRIMINATORY PRACTICE During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment or other individual because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, age, sexual preference, or any other basis prohibited by federal, state or local law. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 12 180555v1 8 incorporate the foregoing requirements of this paragraph in all of its subcontractors for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontractors for program work. 20. AFFIRMATIVE ACTION The Contractor recognizes that the City is an equal opportunity employer and agrees during the life of this Contract to take affirmative action to provide equal employment opportunity without regard to race, creed, color, national origin, age, sex, marital status, sexual preference, physical or mental disability, membership or activity in a local committee or status with respect to public assistance. 21. COMPLIANCE In providing services pursuant to this Contract, Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the performance of this Contract. Failure of the Contractor to comply with any of the obligations of this Contract shall constitute a breach of the Contractor's obligations and shall entitle the City to terminate the Contract and collect all damages, including the arrearages and all costs of collection including reasonable attorneys’ fees. 22. RECORDS AVAILABILITY AND RETENTION Pursuant to Minn. Stat. 16C.05, Subd. 4, Contractor agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of Contractor and involve transactions relating to this Contract. 23. DATA PRACTICES All data collected, created, received, maintained or disseminated or used for any purposes in the course of this Contract by any party is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as federal regulations on data privacy. 24. NOTICES All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 13 180555v1 9 If to City: City Manager City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 With Copy to: St. Louis Park City Attorney Campbell Knutson, P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 If to Contractor: Bobby & Steve’s Auto World Eden Prairie, LLC 8100 Flying Cloud Drive Eden Prairie, MN 55344 25. WHOLE AGREEMENT This Contract embodies the entire agreement between the parties including all prior understandings and agreements and may not be modified except in writing signed by both parties. EXECUTED as of the day and year first written above. CITY OF ST. LOUIS PARK By: Jake Spano, Mayor By: Kim Keller, City Manager CONTRACTOR: By: Its: City council meeting of May 16, 2022 (Item No. 4b) Title: Vehicle towing and impounding agreement and impound lot lease extension Page 14 Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4c Executive summary Title: Fencing Consortium Joint Powers Agreement Recommended action: Staff recommends that council adopt the resolution to participate in the fencing consortium joint powers agreement. Policy consideration: Does council wish to authorize the police department to participate in the fencing consortium as outlined in the joint powers agreement? Summary: Anti-scale fencing serves a significant role for de-escalation and establishing a space for lawful protests. In the spring of 2021, a significant number of public agency professionals (with police, fire, public works, and emergency management backgrounds) joined together to form a fence working group. The fence working group’s efforts have led to the formation of a fencing consortium. The fencing consortium is made up of local government agencies that will jointly contract with a fencing vendor for the availability, storage, maintenance, and transportation of anti-scale fencing. At the time of this report, fifty-two metro area communities have expressed their intent to enter into the fencing consortium agreement. The anti-scale fencing would only be deployed upon recommendation of the City Manager or acting Emergency Management Director. The council would approve the full deployment of the fencing through a mayoral declaration of a local emergency. City Attorney, Soren Mattick, has been involved in the development and review of the joint powers agreement. Staff has reviewed the agreement and requests council’s approval of the attached resolution and joint powers agreement. Financial or budget considerations: The annual fee to participate in the fencing consortium and provide the ability to fence the city hall and police department campus is $7,509. This would be a new budget item added to the Emergency Management budget in 2023. Strategic priority consideration: Not applicable. Supporting documents: Fencing consortium resolution Fencing consortium joint powers agreement Statewide public works mutual aid agreement St. Louis Park campus fencing map Prepared by: Mike Harcey, police chief Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 4c) Page 2 Title: Fencing Consortium Joint Powers Agreement Discussion Background: Anti-scale fencing serves an important role in de-escalation and establishing a space for lawful protests. After social unrest occurred in multiple nearby cities, in the spring of 2021, a significant number of public agency professionals (with police, fire, public works, and emergency management backgrounds) joined together to form a fence working group. The group identified the tradeoffs of utilizing anti-scale fencing. Though deploying fencing can be triggering for members of the community and employees, ultimately, the consortium determined that the benefits of eliminating or reducing the non-tangibles associated with civil unrest significantly outweigh the activation. Fencing does this by: 1) Providing physical separation between law enforcement and protestors to de-escalate tension between the two groups 2) Reducing the need for crowd control measures to be used to ensure for public safety 3) Reducing potential trauma to all involved 4) Creating a space for public peaceful protesting 5) Reducing public safety resource demands committed to one location for extended periods of time The fence working group’s efforts have led to the formation of a fencing consortium. The fencing consortium is made up of local government agencies (members) that will jointly contract with a fencing vendor for the availability, storage, maintenance, and transportation of anti-scale fencing. The consortium will have, at a minimum, enough fencing for the largest police department building in the consortium. The fencing consortium joint powers agreement, along with the existing statewide public works mutual aid agreement, establishes the processes and procedures to secure the vendor contract, associated costs, availability, storage, maintenance, transportation, and deployment of anti-scale fencing. The intent is to provide anti-scale fencing within hours, instead of days, around potentially impacted government building(s) in response to a critical incident. The purpose and structure of the fence consortium is to provide experienced leadership for fence deployment operations across multiple jurisdictions in a unified command structure and coordinate during the deployment of anti-scale fencing. This includes considering and planning for operational logistics and tactical planning associated with fence deployment. The fence consortium itself is a multi-agency, pre-planned, coordinated resource management system to continue efforts to minimize multiple local and state agencies from being over-extended. Fence deployment procedure: The anti-scale fencing would only be deployed upon recommendation of the City Manager or acting Emergency Management Director. The council would approve the full deployment of the fencing through a mayoral declaration of a local emergency. A fencing map of the city hall and police department campus has been added as an attachment to this report. The fencing could also be utilized at any city building if needed. Fence deployment team: One of the biggest costs and factors for the deployment of any fence is the labor, equipment, and scheduling of staffing to setup the fence. To address this need, the working group determined that the best way to meet these challenges is to use the existing Statewide Public Works Mutual Aid Pact to provide the labor and equipment needed to deploy the fence. Just like police and fire use existing mutual aid agreements during civil unrest, public City council meeting of May 16, 2022 (Item No. 4c) Page 3 Title: Fencing Consortium Joint Powers Agreement works would do the same. One key reason for this is that the joint powers agreement can leverage these other existing mutual aid agreements when it comes to labor considerations. Each consortium member would need to provide between 1 and 3 people who would be assigned to the fence deployment team. This team would train 3 times a year (2 times in person) so that when the call to deploy the fence was made, everyone would be familiar with what needed to be done and it could be done as efficiently as possible. Each consortium member would cover the costs, including if there was a deployment (likely overtime), of their staff on the Fence Deployment Team. St. Louis Park public works staff has reviewed and affirmed their ability to meet the expectations of the fencing consortium joint powers agreement as part of the statewide public works mutual aid agreement. Cost: The annual cost of the fencing consortium agreement is based on percentage of the linear footage needed for each community compared to the community with the largest linear footage need. The annual fee to participate in the fencing consortium and provide the ability to fence our city hall and police department campus is $7,509. If the fence were to be deployed in St. Louis Park, the cost for the actual use of the fencing would be subject to the vendor contract negotiated by the fencing consortium, which we anticipate to be significantly lower than we could obtain as an individual entity. City council meeting of May 16, 2022 (Item No. 4c) Page 4 Title: Fencing Consortium Joint Powers Agreement Resolution No. 22-____ Resolution approving Fencing Consortium Joint Powers Agreements with the City of St. Louis Park on behalf of its city and police department Whereas, the governmental units in the state have experienced an increase in incidences of civil unrest with violent and destructive actors who pose a threat to the public, public personnel, buildings, and critical infrastructure; and Whereas, the First Amendment of the United States Constitution protects the freedom of speech, the press, and the right of the people peaceably to assemble, and to petition the government for a redress of grievances; and Whereas, recent experience has shown that the use of anti-scale fencing has greatly de- escalated tension between law enforcement and protesters; and Whereas, by de-escalating the tension, the anti-scale fencing helps to reduce the trauma on the community, improve the safety for all, minimize the impact on neighboring properties, and reduce the community resources that have to be committed to such events; and Whereas, governmental units have recognized the need to have ready access to anti- scalable fencing as a tool for de-escalation and community safety while protecting against violent and destructive actors; and Whereas, the best means for a governmental unit to access such fencing in a timely and cost-effective manner is to work cooperatively with other governmental units; and Whereas, the Fencing Consortium Joint Powers Agreement (“Fencing JPA”), which is incorporated herein by reference, establishes a joint board to obtain and make available to members anti-scalable fencing in response to critical incidences, sets out the powers of the joint board, requires members to pay their share of the fencing costs and operational costs of the Fencing Consortium, requires members to provide staffing to assemble and disassemble the fencing as part of the Public Works Mutual Aid Pact, and otherwise provides for the operation of the Fencing Consortium as a joint powers entity; and Whereas, the governmental unit is a member of the Public Works Mutual Aid Pact and is otherwise eligible to adopt the Fencing JPA; and Whereas, it is in the best interests of the community to become a member and participate in the Fencing Consortium. City council meeting of May 16, 2022 (Item No. 4c) Page 5 Title: Fencing Consortium Joint Powers Agreement Now therefore be it resolved, by the governing body as follows: 1. The Fencing JPA is hereby approved and adopted. 2. That Jake Spano, the mayor for the City of St. Louis Park, is authorized and directed to make nominations and to cast votes on persons to be elected to the Fencing Consortium Board of Directors. 3. Staff are authorized and directed to do each of the following: a. Submit a fully executed copy of this Resolution as directed in the Fencing JPA to indicate membership in the Fencing Consortium; b. Designate a primary and secondary point of contact for the Fencing Consortium for administrative purposes. c. Coordinate with the other Fencing Consortium members and the Board on the selection of staff from the public works department to serve on the fencing deployment team; and d. To take such other actions as may be needed to carry out the intent of this Resolution and as may be required under the terms of the Fencing JPA. Reviewed for administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk 1 CR225-476-758705.v8 FENCING CONSORTIUM JOINT POWERS AGREEMENT THIS FENCING CONSORTIUM JOINT POWERS AGREEMENT (“Agreement”) is made and entered into by and among the Governmental Units identified in the attached Exhibit A (each a “Member” or collectively the “Members”). RECITALS A. The civil unrest and resulting negative impacts on mental health, damage to buildings, and a reduction in overall safety experienced in the Seven County Metropolitan Area in recent years has given rise to a need for communities to have ready access to anti- scalable fencing. The anti-scale fencing can be set up to protect public buildings, critical infrastructure, and other key locations to de-escalate tensions between law enforcement and protestors as well as reduce the need to rely on crowd control measures to protect such locations from violent and destructive actors. B. Appropriate fencing to serve this purpose is produced by few vendors, currently all of which are located outside of the state. C. This type of fencing is expensive and the delays associated with attempting to identify and secure the delivery of fencing during the response to a critical incident may result in unnecessary risks to personnel and public property. D. By pooling resources and working cooperatively, communities can access high quality fencing, trained personnel, and related resources to assemble it in as efficient manner as possible to support de-escalation measures with protestors and protect facilities from violent and destructive actors. AGREEMENT In consideration of the mutual agreements and understandings, and intending to be legally bound, the Members hereby agree as follows: ARTICLE I DEFINITIONS AND PURPOSE 1.1. Definition of Terms. For the purposes of this Agreement, the following terms shall have the meaning given them in this section. (a) Additional Member. “Additional Member” means a Governmental Unit that submits a Membership Resolution after the Effective Date and that the Board votes to accept as a Member of the Fencing Consortium. (b) Agreement. “Agreement” means this Fencing Consortium Joint Powers Agreement. City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 6 2 CR225-476-758705.v8 (c) Board. “Board” means the Fencing Consortium Joint Board established by this Agreement. (d) Call Out. “Call Out” means a request by a Requesting Member to the Board requesting the deployment of the Fencing. (e) Critical Incident. “Critical Incident” means an event or occurrence that occurs within a Governmental Unit that is reasonably anticipated to result in, or that does result in, civil unrest focused against one or more public buildings, infrastructure, or other critical site with the Governmental Unit. (f) Deployment Site. “Deployment Site” means the specific location at which the Fence is to be assembled. (g) Deployment Team. “Deployment Team” means the public works personnel or others assigned by each Member who are responsible for responding to requests by Members to assemble and disassemble the Fencing at a Member’s Deployment Site in accordance with its Fencing Preplan. (h) Deployment Team Manager. “Deployment Team Manager” is the member of the Deployment Team designated as supervisor and who has operational control over the deployment and demobilization of the Fencing. (i) Effective Date. “Effective Date” means the date this Agreement goes into effect and the date by which Original Members must adopt the Membership Resolution. The Effective Date is September 2, 2022. (j) Extended Membership Area. “Extended Membership Area” means the area established by the Board outside of the Seven County Metropolitan Area in which Governmental Units are eligible to request membership in the Fencing Consortium. (k) Fencing. “Fencing” means the non-scalable, portable, free-standing fence secured by the Board and made available to Members under this Agreement. (l) Fencing Preplan. “Fencing Preplan” means a plan developed by a Governmental Unit showing the general location and length of the Fencing needed and the type and location of gates within the Fencing. (m) Governmental Unit. “Governmental Unit” means a local government or other political subdivision of the State that is authorized under Minnesota Statutes, section 471.59 to enter into a joint powers agreement. The term also includes state agencies and joint powers entities that own a public building. (n) Lease. “Lease” means the lease agreement between the Board and the Vendor to secure the Fencing for the Fencing Consortium and that sets out the terms for the City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 7 3 CR225-476-758705.v8 storge, delivery, and maintenance of the Fencing. The Lease may also establish the use charge the Requesting Member is required to pay the Vendor for the actual use of the Fencing. (o) Member. “Member” means an Original Member or an Additional Member. The term is used generally in this Agreement to refer to an individual current member Governmental Unit or, in its plural form, to all current member Governmental Units. A Governmental Unit must remain in good standing under this Agreement to remain a Member of the Fencing Consortium. (p) Member Assessment. “Member Assessment” means the amount determined annually by the Board to pay the costs of the Fencing Consortium and which is invoiced to each Member. (q) Membership Resolution. “Membership Resolution” means the resolution form a Governmental Unit adopts to join the Fencing Consortium. Any resolution that is not substantively the same in all respects as the form resolution developed for membership shall not constitute a Membership Resolution. (r) Notification System. “Notification System” means the communications or alert system, or systems, selected by the Board to issue a Call Out for the deployment of the Deployment Team and Fencing to a Requesting Member’s Governmental Unit. (s) Original Member. “Original Member” means a Governmental Unit that completed all requirements to enter into this Agreement prior to the Effective Date. (t) Public Works Mutual Aid Pact. “Public Works Mutual Aid Pact” means the Public Works Joint Powers Mutual Aid Agreement, which was originally effective as of July 1, 2018 and is incorporated herein by reference. (u) Requesting Member. “Requesting Member” means a Member who makes a request to the Board for the deployment of the Fencing in its Governmental Unit. (v) Seven County Metropolitan Area. “Seven County Metropolitan Area” means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. (w) Staging Area. “Staging Area” means the location identified for the Deployment Team to gather at in response to a Call Out before convoying to the Deployment Site. (x) Surcharge. “Surcharge” means the amount an Additional Member is required to pay to join the Fencing Consortium as determined by the Board. The Surcharge is in addition to the amount the Additional Member is required to pay based on the length of its Fencing needs as shown in its Fencing Preplan. The Surcharge City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 8 4 CR225-476-758705.v8 includes the amount the Member is to pay for the Member Assessment for the year in which the Governmental Unit becomes a Member and any buy-in costs as determined by the Board. (y) Vendor. “Vendor” means the fencing company selected to provide the Fencing to the Fencing Consortium. 1.2. Purpose. It is the general purpose of this Agreement to: (a) To establish the Fencing Consortium, the responsibilities of the Members toward the Fencing Consortium, and to establish the “Fencing Consortium Joint Board” to govern the Fencing Consortium and its operations; (b) To authorize the Board to obtain and provide for the storage and deployment of Fencing in response to a Critical Incident and for other purposes as provided in this Agreement and as determined by the Board; (c) To authorize the Board to negotiate and enter into an agreement with a Vendor to obtain the Fencing and provide for its storage, delivery to, and return from a Requesting Member’s Governmental Unit; (d) To authorize the Board to establish policies and procedures for the deployment of the Fencing, the training and deployment of the Deployment Team, and on other matters as needed to achieve the purposes of this Agreement; (e) To authorize the Board to determine the Governmental Units eligible for membership in the Fencing Consortium, including expanding the eligible territory as it determines is appropriate; and (f) To authorize the Board, upon deliberation and continued communication with the Members, to revise the initial structure of the Fencing Consortium over time as it may determine is in the best interests of the Members to do things such as moving from a leasing arrangement to purchasing the Fencing and to provide for its storage, maintenance, and transportation. ARTICLE II FENCING CONSORTIUM ESTABLISHED 2.1. Established. There is hereby established, by the execution of this Agreement, the “Fencing Consortium” as a joint powers entity formed pursuant to Minnesota Statutes, section 471.59, which is to be managed and operated by the Board pursuant to the terms of this Agreement. 2.2. Scope. This Agreement applies to those Governmental Units that are Members of the Fencing Consortium and provides for the operation of the Fencing Consortium by a Board of Directors elected as provided herein. City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 9 5 CR225-476-758705.v8 ARTICLE III MEMBERSHIP 3.1. Original Members. A Governmental Unit that adopts and submits the Membership Resolution to join the Fencing Consortium before the Effective Date shall be considered an Original Member under this Agreement. A Governmental Unit is eligible to be an Original Member of the Fencing Consortium if it satisfies all of the following: (a) Is a member of the Public Works Mutual Aid Pact; (b) Is within the Seven County Metropolitan Area; (c) Has submitted a Fencing Preplan prior to the Effective Date; and (d) Has properly adopted and submitted a Membership Resolution prior to the Effective Date. The Governmental Unit shall submit its Membership Resolution to the Chief of Police in the City of Crystal. The Membership Resolutions shall be transferred to the Board once it is formed. Membership Resolutions adopted after the Effective Date shall be sent to the Board. 3.2. Additional Members. After the Effective Date, a Governmental Unit may request to become an Additional Member of the Fencing Consortium if it satisfies the following: (a) Is a member of the Public Works Mutual Aid Pact; (b) Is located within the Seven County Metropolitan Area or within the Extended Membership Area as determined by the Board; (c) Submits a Fencing Preplan; (d) Submits the fully adopted Membership Resolution; and (e) The Board votes to accept the Governmental Unit as an Additional Member. Additional Members are required to pay a Surcharge to the Fencing Consortium in the amount determined by the Board, and to comply with such additional requirements as may reasonably be imposed by the Board. 3.3. Exception. The membership requirement to be a member of the Public Works Mutual Aid Pact is to establish a mechanism through which local public works staff can be utilized to assist in the mobilization and demobilization of the Fencing within the Governmental Unit. However, there are entities that do not have their own public works staff, desire to become a Member of the Fencing Consortium, and for which local support City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 10 6 CR225-476-758705.v8 can be provided through another Governmental Unit. Therefore, a Governmental Unit that does not have a public works department or public works employees is not required to be a member of the Public Works Mutual Aid Pact to be eligible to become a Member of the Fencing Consortium, provided the following are complied with to the extent applicable: (a) If the Governmental Unit is a joint undertaking among other Governmental Units, the community in which any of the Governmental Unit’s buildings are located and to which its Fencing Preplan applies must be a member of the Public Works Mutual Aid Pact; or (b) If the Government Unit relies on the county sheriff’s department as the primary source of law enforcement services, that county must be a member of the Public Works Mutual Aid Pact. 3.4. Requirement of Good Standing. Continued membership in the Fencing Consortium shall be contingent upon: paying the annual Member Assessment and any additional charges as determined by the Board as provided herein; making public works staff available to participate as members of the Deployment Team; and on-going compliance with the other requirements, terms, and conditions of this Agreement and the policies and procedures adopted by the Board. 3.5. Withdrawing from Membership . A Member may withdraw from the Fencing Consortium as provided in Article XI of this Agreement. ARTICLE IV FENCING CONSORTIUM JOINT BOARD 4.1. Established. There is hereby established the “Fencing Consortium Joint Board.” The Board shall consist of five Directors elected by the Members in accordance with this Article. Directors shall serve without compensation from the Fencing Consortium. The Director positions shall be assigned as follows: (a) Two Directors representing law enforcement; (b) One Director representing fire; (c) One Director representing public works; and (d) One Director representing emergency managers. 4.2. Initial Directors. The Board shall initially be comprised of the following Directors (“Initial Board”): City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 11 7 CR225-476-758705.v8 (a) Ryan Murphy, Commander, Special Operations Unit, Saint Paul Police Department and Ryan Seibert, Chief of Police, City of Chaska, representing law enforcement; (b) Ward Parker, Assistant Chief Operations, City of Eden Prairie, representing fire; (c) Daniel Ruiz, Director of Operations & Maintenance, City of Brooklyn Park, representing public works; and (d) Doug Berglund, Director, Emergency Management, Washington County Sheriff’s Office, representing emergency managers. The Initial Board shall be responsible for Organizing the Board and the Fence Consortium. The Initial Board shall conduct an election in 2022 for Members to elect three Directors to the Board. An election will then be held in 2023 for Members to elect the remaining two Directors to the Board. Those elected in 2022 shall assume their positions effective on January 1, 2023 and those elected in 2023 shall assume their positions on January 1, 2024. The Initial Board shall determine which positions are up for election in 2022 and 2023, except the two law enforcement Director positions shall be elected in separate years. 4.3. Director Eligibility. To be eligible to be elected to the Board a person must be currently employed by a Member and actively serving in the profession the person is proposed to represent on the Board. If a Director loses eligibility to continue serving on the Board, the position shall be deemed vacant and the vacancy filled as provided herein. 4.4. Term. Each Director serves a two-year term commencing on January 1. The terms shall be staggered to minimize the number of Directors up for election in the same year. The Initial Board shall determine the terms and the staggering of the positions as part of adopting the bylaws. A vacancy in the office of Director shall be filled by appointment of the Board until the next election, at which time the position shall be up for election for the remainder of the term. 4.5. Election of Directors. The annual election of Directors shall occur in accordance with this Agreement and the bylaws established by the Board. This process is not subject to federal, state, or local election laws or procedures. Instead, the intent is to provide a reasonable means for Members to nominate candidates and to select those whom they wish to serve on the Board. Each Member in good standing when the nomination process begins has an opportunity to nominate people from its Governmental Unit for any or all the open positions on the Board. All persons nominated to a position must be eligible to represent that position on the Board. The Board shall collect the nominations and prepare a ballot to be distributed among the Members for a vote. Each Member in good standing shall have one vote on each open position. A Member must determine for itself who is authorized to submit nominations and cast the vote on its behalf. The name of the Member submitting the ballot must be on the ballot. The Board shall tabulate the votes and provide the Members a list of the persons elected to the Board. The conducting of City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 12 8 CR225-476-758705.v8 the nomination and election process shall occur early enough in a year to allow the newly elected Directors to take their positions on the Board as of January 1. 4.6. Director Duties. Directors are responsible for carrying out the duties of the Board under this Agreement in a diligent and timely manner. If a Director fails to attend three consecutive Board meetings without reasonable cause, the Board may declare the office vacant and fill the position by appointment. The position will then be up for election at the next election for the remainder of the term. 4.7. Board Officers. Each year at its annual meeting the Board shall elect from among its Directors a Chair and a Vice-Chair. The Board shall also appoint a Secretary/Treasurer, which is not required to be selected from among the Directors. If the Secretary/Treasurer is not a Director, the person shall not have a vote. The Chair shall act as the presiding officer at Board meetings and the Vice-Chair shall act as the presiding officer in the absence of the Chair. The Secretary/Treasurer shall take the minutes of Board meetings and shall serve as the finance manager for the Fencing Consortium. The Board shall adopt by-laws to establish its own procedures, provided such procedures are consistent with the purposes of this Agreement. 4.8. Board Meetings. The Board shall hold regular meetings on the schedule as established in its bylaws. The Board may also hold special meetings as needed upon the call of the Chair or upon the written request of two Directors given to the Secretary/Treasurer. Meetings of the Board are subject to the Minnesota Open Meeting Law (Minnesota Statutes, chapter 13D). The Secretary/Treasurer shall inform all Directors of special meetings, maintain a schedule of the Board’s regular meetings, and shall post notice of any special meetings on the bulletin board designated by the Board for such notices or, if a bulletin board is not designated, upon the outside door of the building in which the Board meets. The Board may hold emergency meetings and such other meetings as allowed by law. The Board shall hold an annual meeting in January or in such other month as designated by the Board. The annual meeting may be held together with a regular meeting. 4.9. Voting. A majority of the Directors (three) shall constitute a quorum of the Board to meet and conduct the business of the Board. Each Director shall have an equal, non- weighted, vote. Unless specifically indicated otherwise herein, a majority vote of the Directors present at a meeting, if at least a quorum is present, shall be required for the Board to take action on any issue that comes before it. A Director must be present at a meeting to vote and shall not vote by proxy. A Director may be considered present and vote from a remote location to the extent allowed under Minnesota Statutes, chapter 13D. 4.10. Powers of the Board. (a) To take all actions necessary and convenient to discharge its duty to lease Fencing and to make it available to Members pursuant to the terms of this Agreement. City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 13 9 CR225-476-758705.v8 (b) Establish policies and procedures for requesting, deploying, using, demobilizing, and returning the Fencing, and on such other operational matters as the Board may determines is appropriate. This power includes, but is not limited to, further refining the definition of Critical Incident as may be needed and otherwise identifying situations in which deployment of the Fencing is automatic and when it is discretionary with the Board. (c) Authorize one or more of its Directors to receive request from a Requesting Member and to issue a Call Out of the Fencing to a Critical Incident in accordance with established policies and procedures. (d) Obtain the Fencing initially by lease, or purchase with State appropriation, and then determine over time whether to purchase part or all of the Fencing provided under this Agreement. If the Fencing is purchased, to provide for its storage and deployment. (e) Select the notification system for the Call Out. (f) To adopt bylaws and rules or policies consistent with this Agreement as required to effectively exercise the powers, or accomplish the purposes, of the Fencing Consortium; (g) To interpret and apply the provisions of this Agreement in a manner that furthers its purpose and intent including, but not limited to, determining the eligibility of a Governmental Unit to become a Member; (h) To adopt an annual operating and capital budget, including a statement of sources of funding and allocation of costs to Members; (i) To establish a system to communicate budget and other information of interest to Members; (j) To enter into contracts in its own name; (k) Contract with an auditing firm to perform financial audits of the Fencing Consortium as the Board determines is appropriate; (l) To purchase any insurance and indemnity or surety bonds as necessary to carry out the purposes of this Agreement; (m) To seek, apply for, and accept appropriations (including legislative appropriations), grants, gifts, loans of money or other assistance as permitted by law from any person or entity, whether public or private; (n) To sue; City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 14 10 CR225-476-758705.v8 (o) To annually charge and collect from Members a Member Assessment as needed to pay the on-going costs of the Fencing Consortium; (p) To determine and require the payment of a Surcharge by Additional Members joining the Fencing Consortium; and (q) To exercise all other powers necessary and incidental to carry out the purposes of this Agreement provided such powers are consistent with the purposes of the Agreement and are exercised in accordance with the applicable statutory powers of the Members. 4.11. Powers Not Delegated. The Members expressly reserve for themselves the following powers, which shall not be deemed delegated to, and may not be exercised by, the Board: (a) Hire employees; (b) Purchase real property; (c) Issue bonds; or (d) Undertake or otherwise perform any functions exceeding the general scope and purpose of this Agreement. 4.12. Specific Duties of the Board. The Board shall exercise the powers provided it under this Agreement to perform, in addition to the other duties provided for in this Agreement, the following specific duties: (a) Lease Fence. The Board shall enter into a Lease with the Vendor to obtain the Fencing and trailer(s) for transporting the Fencing. The Board shall ensure it secures and maintains a sufficient length of Fencing to cover the Member with the longest Fencing lengths as shown on the Fencing Preplans, rounded up to the nearest 500 feet. Initially, the Board shall base the amount of Fencing on the Fencing Preplans submitted by the Original Members. As Additional Members join the Fencing Consortium, the Board shall consider the Fencing needs and may secure additional Fencing as it determines is needed. (b) Fence Storage and Transport. The Lease shall require the Vendor to store the Fencing at a location agreeable to the Board, deliver the Fencing to the identified Staging Area upon the Board’s request within the response timeframe identified in the Lease, and to address other transportation needs as specified in the Lease. (c) Select Notification System. The Board shall select a Notification Systems that will be used by Directors to Call Out the Deployment Team to a Requesting Member’s Governmental Unit. City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 15 11 CR225-476-758705.v8 (d) Reports. The Board shall prepare and distribute such reports to the Members as the Board determines are necessary to keep them informed of the Fencing Consortium’s activities. The Board shall determine the best method for distributing such reports. 4.13. Office. The initial office of the Fencing Consortium shall be selected by the Board. The Board may change the location of the office as it determines is appropriate. The Board will hold its meetings at the designated office, but may also meet at such other locations as it determines appropriate to carry out its duties. 4.14. Disbursements. Except as otherwise provided, all unbudgeted disbursements and expenditures of the Fencing Consortium shall be approved by the Board. All checks issued by the Fencing Consortium from its funds shall be co-signed by two Directors designated by the Board. 4.15. Fiscal Agent. The Board may appoint, and enter into agreements with, a fiscal agent for the Fencing Consortium and may change the fiscal agent from time to time as it deems necessary. The fiscal agent may be a Member Governmental Unit. The Board may delegate authority to the fiscal agent to act on its behalf as the Board deems appropriate and in accordance with applicable laws. ARTICLE V DEPLOYMENT OF THE FENCING 5.1. Automatic Deployment. The Fencing shall be made available for automatic deployment upon the occurrence of a Critical Incident in a Member’s Governmental Unit. The Requesting Member shall notify a Director of a Critical Incident and a Director shall utilize the designated Notification System to Call Out the Deployment Team for deployment of the Fencing. The Deployment Team shall then respond to the Requesting Member to unload and assemble the Fencing at the Deployment Site. The process to request deployment and demobilization of the Fencing shall occur in accordance with this Agreement and the policies and procedures adopted by the Board. The Deployment Team Manager shall be responsible for coordinating the deployment and demobilization of the Fencing. 5.2. Requesting Member Obligations . A Requesting Member requesting deployment of the Fencing for a Critical Incident occurring in the Member’s jurisdiction shall be responsible for the following: (a) Providing security for the Deployment Team while it is conducting its work at the Deployment Site; (b) Provide any equipment that may be needed to deploy or demobilize the Fencing that is not provided by the Vendor; City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 16 12 CR225-476-758705.v8 (c) Pay the Vendor charges for the actual use of the Fencing. Such payments are to be made directly to the Vendor unless directed otherwise by the Board; (d) Providing food, water, first aid, and similar support to the Deployment Team as may reasonably be needed; (e) Contacting the Board or the Board’s designee if there are any issues with the Fencing once it is in place; and (f) Complying with Board policies and procedures applicable to a Requesting Member, including avoiding any activities that may unreasonably damage the Fencing or expose the Deployment Team to an unreasonable risk. 5.3. Discretionary Deployment. A Member may make a request to the Board for the deployment of the Fencing in the Member’s Governmental Unit for an event or occurrence other than a Critical Incident. The deployment of the Fencing for something other than a Critical Incident is left to the sole discretion of the Board. The Board shall consider all such requests at a meeting and determine whether to approve the Member’s request. The Board shall adopt criteria or standards for determining when to allow the discretionary deployment of the Fencing and the requesting Member’s obligations if the request is approved. The Board may delegate the authority to one or more Directors to determine whether to allow the discretionary deployment of the Fencing based on the criteria established by the Board. 5.4. Non-Member Deployment. The Board shall adopt standards and requirements for determining whether to allow the deployment of the Fencing in response to a Critical Incident that occurred in a non-member Governmental Unit. Nothing in this Agreement obligates the Fencing Consortium to deploy the Fencing to a non-member Governmental Unit. 5.5. No Guarantee. The Members understand and agree the deployment of the Fencing by the Deployment Team is a cooperative undertaking and that the Fencing Consortium cannot guarantee a certain response time or make any representations or warranties regarding response times, the Fencing, its assembly, or effectiveness. The Deployment Team will endeavor to respond as quickly as possible to a Critical Incident and to place the Fencing as shown in the Requesting Member’s Fencing Preplan as provided in this Agreement and in accordance with Board policies and procedures. 5.6. Demobilization. The Member who receives the Fencing in response to a Critical Incident shall work with the Fencing Consortium to determine when to initiate the demobilization of the Fencing from the Deployment Site. For a discretionary deployment of the fence, the demobilization date shall be determined prior to the deployment. The Deployment Team shall be responsible for disassembling the Fencing as part of the demobilization. The Board shall establish such procedures and policies as may be needed to address the demobilization of the Fencing. The Board has the authority to recall the Fencing from a Member if it determines there is a more critical need for the Fencing in City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 17 13 CR225-476-758705.v8 another Governmental Unit that cannot be fulfilled by the remaining Fencing held by the Fencing Consortium. ARTICLE VI MEMBERSHIP COSTS AND ASSESSMENTS 6.1. Original Member Costs. Each Original Member shall be responsible for paying a share of the Fencing costs based on the length of fence indicated in its Fencing Preplan as a percentage of the total amount of initial Fencing to be leased by the Board. The Board shall determine the amount each Original Member is required to pay and provide each an invoice together with a sheet showing the division of costs. Invoice shall be paid within 45 days of receipt. 6.2. Additional Member Costs. Each Additional Member shall be required to pay their share of the Fencing costs calculated as if they were an Original Member. Each Additional Member shall also be required to pay a Surcharge in the amount determined by the Board. The Surcharge is to pay the Additional Member’s portion of the Member Assessment, any buy-in costs to cover a share of the Fencing and related costs, and to partially reimburse the costs paid by the existing Members. The Board shall apply the buy-in amounts collected to reduce the future charges to the existing Members. 6.3. Member Assessments. In addition to the initial Fencing costs each Member is required to pay, Members shall also be assessed for the on-going costs to operate and maintain the Fencing Consortium. These operational costs will be divided based on the Fencing costs formula and paid by each Member as a Member Assessment. The formula shall take into account the total length of Fencing held by the Fencing Consortium and then divided by the length of each Member’s Fencing needs as indicated in the Fencing Preplan. The Board shall, as part of the annual budget, determine the total amount of the Member Assessments and the specific amount to be assessed each Member to pay the anticipated Fencing Consortium costs in the upcoming year. 6.4. Payment of Member Assessments. The Fencing Consortium shall invoice Members for their Member Assessment amount for the upcoming year. Invoices are to be sent no later than January 15th in the year for which the assessment is being imposed. Members shall pay their invoices in full within 45 days from the date of the invoice. 6.5. Default. Any Member who breaches or otherwise fails to comply with the terms and conditions of this Agreement including, but not limited to, failure to pay its Member Assessment in full by the due date, shall be considered in default of this Agreement. Any dispute regarding whether a Member is in default shall be determined by a vote of the Board. A Member shall not be considered in default until it has been notified in writing by the Board of the condition placing it in default. The notice of default shall indicate the Member is not in good standing and may be expelled if the default is not cured within 90 days. If a Member fails to fully cure a default within 90 days of the notice of default, the Board may issue a written notice of expulsion from the Fencing Consortium. Upon such notice, the Governmental Unit is no longer a Member of the Fencing Consortium as if the City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 18 14 CR225-476-758705.v8 Governmental Unit voluntarily elected to terminate its membership in the Fencing Consortium as provided herein. ARTICLE VII MEMBER STAFFING REQUIREMENTS 7.1. Public Works Staff. Each Member is expected to assign member(s) of its public works staff to serve on the Deployment Team to train with the Fencing and to participate in the unloading, assembly, and demobilization of the Fencing at a Deployment Site. The providing of public works staff is through the Public Works Mutual Aid Pact and is at each Member’s own cost. 7.2. Training. The Deployment Team shall train with the Fencing at least three times a year to familiarize the Deployment Team with the Fencing and to help ensure its rapid assembly at a Deployment Site in response to a Call Out. The Board shall work with the Deployment Team to determine a reasonable training schedule that does not negatively impact their regular duties. 7.3. Employees. The members of the Deployment Team are not employees of the Fencing Consortium. The assigned members shall remain employees of their Governmental Unit for all purposes including, but not limited to, workers’ compensation coverage. 7.4. Equipment. Any damage to or loss of Member equipment utilized by the Deployment Team shall be addressed as provided in the Public Works Mutual Aid Pact. 7.5. Liability. Liability for the acts of the Deployment Team when responding to a Call Out shall be addressed in accordance with the terms of the Public Works Mutual Aid Pact. For the purposes of the Public Works Mutual Aid Pact, the Requesting Member shall be the “Requesting Party” and each of the Members assigning personnel to the Deployment Team shall be a “Sending Party.” ARTICLE VIII BUDGETING AND FINANCIAL REPORTING 8.1. Fiscal Year. The fiscal year of the Fencing Consortium is the calendar year. 8.2. Annual Budget. The Board shall prepare and adopt an annual budget as provided in this section. (a) Proposed Budget. The Board shall prepare and approve a proposed budget for the upcoming fiscal year. The proposed budget shall account for all anticipated costs in City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 19 15 CR225-476-758705.v8 the upcoming year and indicate the amounts proposed to be assessed to the Members. (b) Notice to Members. The Board shall adopt a proposed budget and distribute it to the Members by no later than June 1 st each year. Members may submit written comments to the Board regarding the proposed budget by no later than July 1 st. (c) Final Budget. The Board shall consider the comments received from Members and shall act to adopt a final budget by no later than August 31st. The Board shall distribute a copy of the adopted annual budget to the Members. To reduce administrative costs given the potential number of Members, the Board may send notices and otherwise communicate with Members using email messages in lieu of mailing. ARTICLE IX INSURANCE AND INDEMNIFICATION 9.1 Insurance. The Fencing Consortium shall purchase and maintain such insurance policies as the Board determines is necessary and appropriate to cover the Fencing Consortium, the Board, its operations, and, if required, the Fencing. By purchasing insurance the Members, the Fencing Consortium, and the Board do not waive, and shall not be construed as having waived, any exemptions, immunities, or limitations on liability provided by any applicable Minnesota Law, including Minnesota Statutes, Chapter 466 and section 471.59, subdivision 1a. Any uninsured liabilities incurred by the Fencing Consortium shall be paid by the Members in the same percentage as their Member Assessments as set out in this Agreement. 9.2 Director Indemnification. The Fencing Consortium shall defend and indemnify its Directors from any claim or damages levied against a Director arising out of the Director’s lawful acts or omissions made or occurring in the good faith performance of their duties on the Board. The Fencing Consortium is not required to indemnify a Director for any act or omission for which the Director is guilty of malfeasance, willful neglect of duty, or bad faith. 9.3 Member Indemnification. The Fencing Consortium shall hold the Members harmless, individually and collectively, and will defend and indemnify the Members for any claims, suits, demands or causes of action for any damages or injuries based on allegations of negligence or omissions by the Fencing Consortium. The Fencing Consortium’s duty to indemnify does not constitute, and shall not be construed as, a waiver by either the Fencing Consortium or any or all Members of any exemptions, immunities, or limitations on liability provided by law or of being treated as a single governmental unit as provided in Minnesota Statutes, section 471.59, subdivision 1a. 9.4 Liability. To the fullest extent permitted by law, this Agreement and the activities carried out hereunder thereof are intended to be and shall be construed as a “cooperative activity” and it is the intent of the Members that they, together with the Board, shall be City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 20 16 CR225-476-758705.v8 deemed a “single governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes, section 471.59, subdivision 1a. For purposes of the statute, each Member to this Agreement expressly declines responsibility for the acts or omissions of the other Members. SECTION X DISPUTE RESOLUTION 10.1 Dispute Resolution Process. The Members agree to engage in good faith to attempt to resolve any disputes that may arise over the establishment, operation, or maintenance of the Fencing Consortium. If a dispute is not resolved informally, the Members agree to use the following process to attempt to resolve any dispute they may have related to the Fencing Consortium. (a) Written Notice of Dispute. Any Member with a dispute regarding the Fencing Consortium or the Board may submit a written explanation of its dispute to the Fencing Consortium and to each Member. The Board shall make the email list of Members available for the purpose of providing this notice. The explanation of the dispute must be detailed, not repetitive of a dispute already addressed by the Board regarding the same Member, relate directly to a matter within the scope of the Fencing Consortium or of the Board’s powers, and must suggest a solution. (b) Review and Response by Board. Upon the Fencing Consortium’s receipt of a written dispute it shall be placed on the agenda of the Board’s next scheduled regular meeting for consideration. The Board shall respond in writing to all properly submitted disputes within three months and shall provide each Member a copy of its response. (c) Mediation. If the Member with the dispute is not satisfied with the Board’s response, it may file a written request with the Board for mediation. If the Member and the Board are not able to mutually agree on a mediator, the Member and the Board shall each select a mediator and the two mediators shall select a third. Each party to the mediation shall be responsible for the cost of the mediator it selected and shall share equally in the costs of the mediation and of the third mediator. (d) Binding Arbitration. If the dispute is not resolved in mediation, the aggrieved Member and the Board may agree to submit to a binding arbitration process. The arbitration shall be conducted in accordance with Minnesota Statutes, chapter 572B following the Commercial Arbitration Rules of the American Arbitration Association, unless the Board and the Member agree to follow different rules. The Members and the Board agree the decision of the arbitrator shall be binding on the Fencing Consortium and its Members. City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 21 17 CR225-476-758705.v8 SECTION XI WITHDRAWAL OF A MEMBER 11.1 Process. A Member may withdraw from the Fencing Consortium by providing written notice to the Board of its intent to withdraw. To avoid a withdrawal from interrupting the on-going payments for the costs of the Fencing, the effective date of the withdrawal will depend on its timing with respect to the Board’s work to set the budget for the upcoming year. If the Board receives the withdrawal notice prior to May 1 st in a year, the effective date of the withdrawal will be December 31st of the same year. If the Board receives the notice after May 1st, the withdrawal will be effective December 31st of the following year. 11.2 Effect of Withdrawal. The withdrawing Member shall be responsible for paying its full Member Assessment for the full year in which the withdrawal is effective. Recognizing the Fencing Consortium is an ongoing concern, the Members agree the withdrawing Member shall not receive any reimbursement of the amounts it has paid and is not entitled to any share in the assets of the Fencing Consortium. Upon the effective date of the withdrawal, the former Member shall no longer be considered a Member under this Agreement. SECTION XII DISSOLUTION OF FENCING CONSORTIUM 12.1 Dissolution Process. The Fencing Consortium may only be dissolved by a joint resolution approved by four-fifths of the then current Members or by a unanimous vote of the entire Board on a dissolution resolution. Dissolution shall not be effective for at least six months from the adoption the resolution unless an earlier dissolution date is approved as part of the resolution. Prior to the effective date of the dissolution, the Board shall use the Fencing Consortium’s assets to pay its outstanding obligations. If the assets on hand are not sufficient to pay all outstanding obligations, the Board shall impose a Member Assessment to collect sufficient funds to pay the outstanding amounts. The Board shall divide the amount needing to be collected by a Member Assessment using the same formula for other Member Assessments. The Fencing Consortium shall not be finally dissolved until its outstanding obligations are paid in full. 12.2 Distribution of Assets and Property. Upon dissolution, the Board shall distribute any remaining assets to the Members in proportion to the Member Assessment of each Member in effect as of the date of dissolution. The Board shall have the power to determine the best method for distributing the assets and to decide any disputes that may arise among the Members concerning such distribution. SECTION XIII MISCELLANEOUS PROVISIONS 13.1 Official Copy. This Agreement is being entered into through the adoption by each Member and the Membership Resolution. The Board shall maintain the official copy of this Agreement and maintain a list of the Original Members and the Additional Members. City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 22 18 CR225-476-758705.v8 The official copy shall constitute the Agreement, which shall be binding on all of the Members. 13.2 Data Practices. The Fencing Consortium shall comply with the requirements of Minnesota Statutes, chapter 13, the Minnesota Government Data Practices Act (“Act”). The Vendor shall be required to comply with the Act as provided in Minnesota Statutes, section 13.05. The Vendor shall be required to notify the Board if it receives a data request and to work with the Fencing Consortium to respond to it. 13.3 Notices. Any notice required or permitted to be given to the Fencing Consortium under this Agreement shall be given in writing, and shall be sent by first class mail to its current address. Notice to each Member shall be given in writing by first class mail or email to the Member’s chief of police or other designated contact person. 13.4 Waiver. The delay or failure of any party of this Agreement at any time to require performance or compliance by any other party of any of its obligations under this Agreement shall in no way be deemed a waiver of those rights to require such performance or compliance. 13.5 Governing Law. The respective rights, obligations and remedies of the parties under this Agreement and the interpretation thereof shall be governed by the laws of the State of Minnesota which pertain to agreements made and to be performed in the State of Minnesota. 13.6 Headings and Captions. The headings and captions of these paragraphs and sections of this Agreement are included for convenience or reference only and shall not constitute a part hereof. 13.7 No Third-Party Rights. This Agreement is entered into for the sole benefit of the Members and no other parties are intended to be direct or incidental beneficiaries of this Agreement, and no third party shall have any right in, under, or to this Agreement. 13.8 Good Faith. Each Member shall act in good faith. In exercising its rights and fulfilling its obligations under this Agreement, each party acknowledges that this Agreement contemplates cooperation between and among the parties. 13.9 Entire Agreement. This Agreement, including the recitals and all of the Membership Resolutions, contains the entire understanding between the Members concerning the subject matter hereof. 13.10 Amendments. Amendments to this Agreement may be proposed by the Board or by at least 10% of the Members submitting a proposed amendment to the Board. The Board shall forward proposed amendments to the Members in the form of an amendment resolution. The Board will only forward amendments proposed by Members if it determines the proposed amendments are lawful and not contrary to the primary purposes of this Agreement. Members adopting the amendment resolution shall return a copy of City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 23 19 CR225-476-758705.v8 the executed resolution to the Board. A proposed amendment shall be considered approved if the amendment resolution is adopted by at least 90% of the then current Members. 13.11 Examination of Books. Pursuant to Minnesota Statutes, section 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the Fencing Consortium and the Vendor are subject to examination by the State. Members may examine the financial records of the Fencing Consortium upon reasonable request. 13.12 Recitals and Exhibits Incorporated. The recitals contained herein, and the Membership Resolutions, are incorporated in and made part of this Agreement. IN WITNESS WHEREOF, the Members have, by adoption and execution of the Membership Resolution, entered into this Agreement as of the Effective Date or, if an Additional Member, as of the date of acceptance by the Board of the Membership Resolution. [A list of all Members is maintained by the Fencing Consortium.] City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 24 1 STATE OF MINNESOTA PUBLIC WORKS MUTUAL AID PACT TABLE OF CONTENTS FOREWORD 2 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT 4 I. GENERAL PURPOSE 4 II. DEFINITION OF TERMS 4 III. PARTIES 5 IV. PROCEDURE 5 V. RESPONSIBILITY AND LIABILITY 6 VI. EFFECTIVE DATE AND MODIFICATIONS 7 VII. WITHDRAWAL AND TERMINATION 7 City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 25 2 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT FOREWORD The general purpose of this Public Works Joint Powers Mutual Aid Agreement (“Agreement”) is to provide a process for units of government to share public works personnel and equipment with other agencies within the State of Minnesota. This Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, this Agreement should not be interpreted as being limited to providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts, maintenance operations, joint-projects, and back-up support service. This Agreement provides the flexibility for all units of government to use the resources located among all participating parties in the State of Minnesota. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or sending party. Each unit of government should acquaint supervisory personnel with any internal procedures used for mutual aid. While the Joint Powers Agreement does not require particular words or actions to initiate mutual aid, agencies should be clear about whether mutual aid is being requested and what type of assistance is requested. The responding agency should also be clear about what, if any, assistance they will provide in response to the request. Parties should not self-deploy. Furthermore, each staff member within a department should have a basic familiarity with mutual aid, the responsibilities when reporting to another unit of government and the protections afforded under the unit of government’s workers’ compensation. For liability reasons, management of a mutual aid situation is under the control of the requesting party. However, the sending party has discretion whether to provide personnel or equipment and can recall such assistance at any time. While there is no hard and fast time limit related to requests for mutual aid, the commitment of resources can be taxing on agencies. In addition, in some situations an advantage can be gained by ending a mutual aid request and entering into a different form of contractual assistance. In order to keep this mutual aid agreement closer to local level of government, Hennepin County Emergency Management (“HCEM”) has volunteered to serve as the administrative coordinator for the units of government entering into this Agreement. When a community adopts this Agreement a fully executed copy of the Agreement needs to be forwarded to HCEM. Each unit of government is responsible for entering and updating available unit of government resources. Resources will now be listed online in a mutually agreed upon resource management database. The parties to this Agreement are solely responsible for updating their available resources in the agreed upon database. City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 26 3 The effective date for this Agreement is October 1, 2018. This date was established to allow enough time for agencies to receive the appropriate authority. Participation can be started upon execution of the Agreement and is effective for a unit of government upon its submission of the signed Agreement to HCEM. Agencies that elect not to participate in the Agreement may be bound by other existing mutual aid agreement or state statutes. City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 27 4 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT This Public Works Joint Powers Mutual Aid Agreement (“Agreement”) is formed and entered into effective as of the 1st day of October, 2018 by and among the governmental units that have executed this document as evidenced by the signature pages attached hereto (individually, a “Party” and collectively, the “Parties”). I. GENERAL PURPOSE The general purpose of this Agreement is to provide a means by which a Party may request and obtain public works assistance from one or more other Parties when the Party determines such public works assistance is necessary. This Agreement is made pursuant to Minnesota Statutes, section 471.59, which authorizes the joint or cooperative exercise of powers common to the Parties. II. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the following meanings: Subd. 1. Eligible Party. “Eligible Party” means a “governmental unit” as defined by Minnesota Statues, section 471.59, subdivision 1. Subd. 2. Public Works Assistance. “Public Works Assistance” means equipment and personnel including, but not limited to, licensed staff, professional engineers, and non-licensed personnel that are used for activities related to streets, water, stormwater, wastewater, sewers, parks, transit, buildings/facilities, airports, and all other public works programs. Subd. 3. Party and Parties. “Party” means an Eligible Party that elects to participate in this Agreement by the authorization of its governing body. “Parties” means more than one Party to this Agreement. Subd. 4. Requesting Official. “Requesting Official” means a person who is designated by the Requesting Party to request Public Works Assistance from another Party. Subd. 5. Requesting Party. “Requesting Party” means a Party that requests Public Works Assistance from another Party. Subd. 6. Sending Official. “Sending Official” means a person who is designated by a Party to determine whether and to what extent that Party should provide Public Works Assistance to a Requesting Party. Subd. 7. Sending Party. “Sending Party” means a Party that provides Public Works Assistance to a Requesting Party. Subd. 8. HCEM. “HCEM” means the Hennepin County Emergency Management or designee. City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 28 5 III. PARTIES The Parties to this Agreement shall consist of as many Eligible Parties that have approved this Agreement by October 1, 2018. Additional Eligible Parties shall become a Party on the date this Agreement is approved and executed by the Party’s governing body. Upon approval by a Party, the executed signature page of this Agreement shall be sent to the HCEM along with a resolution approving this Agreement. IV. PROCEDURE Subd. 1. Designate Officials. Each Party shall designate, and keep on file with the HCEM, the name of the person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate one or more persons to serve as an alternate in the absence of a designated official. Subd. 2. Request for Assistance. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Public Works Assistance from another Party, such Requesting Official may, at his or her discretion, call upon the Sending Official of any other Party to furnish Public Works Assistance. Subd. 3. Response. Upon the receipt of a request for Public Works Assistance from a Party, the Sending Official may authorize and direct personnel and equipment of the Sending Party be sent to the Requesting Party. Whether the Sending Party provides such Public Works Assistance to the Requesting Party and, if so, to what extent such Public Works Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Party by which they are employed). Failure to provide Public Works Assistance will not result in liability to a Party and each Party hereby waives all claims against another Party for failure to provide Public Works Assistance. Subd. 4. Back-Up Assistance. When a Sending Party provides Public Works Assistance under the terms of this Agreement, it may in turn request Public Works Assistance from other Parties as “back-up” during the period it is it outside of its jurisdiction providing Public Works Assistance to the original Requesting Party. Subd. 5. Recalling Assistance. Whenever a Sending Party has provided Public Works Assistance to a Requesting Party, the Sending Official may at any time recall its personnel and equipment, or any part thereof, if the Sending Official in his or her best judgment deems such recall is necessary to provide for the best interests of the Sending Party’s community. Such action will not result in liability to any Party and each Party hereby waives all claims against another Party for recalling Public Works Assistance. City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 29 6 Subd. 6. Command of Scene. The Requesting Party shall be in command of all situations where Public Works Assistance is provided. The personnel and equipment of the Sending Party shall be under the direction and control of the Requesting Party until the Sending Party withdraws Public Works Assistance or the Public Works Assistance is no longer needed. Subd. 7. Charges. Charges may be levied by a Sending Party for Public Works Assistance rendered to a Requesting Party under the terms of this Agreement. The Sending Party may submit to the Requesting Party an itemized bill for the actual cost of any Public Works Assistance provided, including salaries, overtime, materials, and supplies, equipment operation, and other necessary expenses. The Requesting Party will reimburse the Sending Party providing the Public Works Assistance for that amount or other such amount as mutually negotiated. Such charges are not contingent upon the availability of federal or state government funds. A Party may request a list of rates from another Party prior to requesting assistance. No charges shall apply to joint training events unless the Parties participating in the particular event agree to a charge in writing prior to the event. V. RESPONSIBILITY AND LIABILITY Subd. 1. Personnel. Each Party shall be responsible for its own personnel and equipment, and for injuries or death to any such personnel or damage to any such equipment. Responding personnel shall be deemed to be performing their regular duties for each respective Sending Party for purposes of workers’ compensation. Subd. 2. Worker’s Compensation. Each Party will maintain workers’ compensation insurance or self-insurance coverage, covering its own personnel while they are providing Public Works Assistance pursuant to this Agreement. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any worker’s compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries or death were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Subd. 3. Damage to Equipment. Each Party shall be responsible for damages to or loss of its own equipment. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers. Subd. 4. Liability. For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, Chapter 466), the employees and officers of the Sending Party are deemed to be employees (as defined in Minnesota Statutes, section 466.01, subdivision 6) of the Requesting Party. The Requesting Party agrees to defend and indemnify the Sending Party against any claims brought or actions filed against a Sending Party or any officers, employees, or volunteers of a Sending Party for injury or death to any third person or persons or damage to the property of third persons arising out of the performance and provision of Public Works Assistance pursuant to the Agreement. Under no City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 30 7 circumstances, however, shall a Party be required to pay, on behalf of itself and other Parties, any amount in excess of the limits of liability established in Minnesota Statutes, chapter 466, applicable to any one Party. The limits of liability for some or all of the Parties may not, as provided in Minnesota Statutes, section 471.59, subdivision 1a, be added together to determine the maximum amount of liability for any Party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Sending Party for claims arising within the Requesting Party’s jurisdiction subject to the limits of liability under Minnesota Statutes, chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against the Parties from a single occurrence to be defended by a single attorney. However, the Sending Party, at is option and its own expense, shall have the right to select its own attorney or approve a joint attorney as appropriate, considering potential conflicts of interest. Nothing in this Agreement is intended to constitute a waiver of any immunities and privileges from liability available under federal law or the laws of Minnesota. If a court determines that the liability of a Party or Parties is not subject to the tort caps and liability exceeds the tort cap maximum, a Party shall be subject to liability only for the acts of its officers, employees and volunteers. No Party to this Agreement nor any official, employee or volunteer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish Public Works Assistance or for recalling Public Works Assistance. VI. EFFECTIVE DATE AND MODIFICATIONS This Agreement shall become effective and operative beginning at 12:01 A.M., local time on October 1, 2018. The HCEM shall maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. Notice may be sent to the Sending Officials via email or through the United States Postal Service. No modification of this Agreement shall be effective unless it is reduced to writing and is approved by action of the governing body of each of the then current Parties. VII. WITHDRAWAL AND TERMINATION A Party may withdraw from this Agreement by its governing body adopting a resolution to withdraw. Withdrawal is effective after 30 days’ written notice is provided to the HCEM. HCEM shall thereupon give notice of such withdrawal, and the effective date thereof, to all other Parties. Parties that have withdrawn may rejoin by following the procedure set forth in this Agreement. This Agreement will terminate with respect to all Parties if the total number of Parties to the Agreement falls below 11. HCEM shall notify the remaining Parties that the Agreement has terminated. City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 31 8 IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused this Agreement to be approved on the dates below. (Each Party must attach a dated and signed signature page consistent with that Party’s method of executing contracts.) City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 32 9 Entity:_______________________________ Mailing Address: ____________________________________ ____________________________________ Adopted on the ___ day of ___________________,___________. By:_______________________________ Its:_______________________________ By:_______________________________ Its:_______________________________ Attest: By:______________________________ Its:______________________________ City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 33 QuentinMinnetonka RaleighST. LOUISPARK St Louis Park ´0 50 100 Feet 1:720 - 1" = 60' Length: 2278' Contour Interval = 2' City council meeting of May 16, 2022 (Item No. 4c) Title: Fencing Consortium joint powers agreement Page 34 Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4d Executive summary Title: Bid Tabulation: 36th Street and Wooddale Avenue Improvements project – (4022-6000) - Ward 2 Recommended action: Motion to designate Geislinger and Sons, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $5,217,582.00 for the 36th Street and Wooddale Avenue Improvements project - Project No. 4022-6000. Policy consideration: Does the city council wish to pursue the pavement rehabilitation, bikeway installation, pedestrian improvements and sanitary sewer upgrades as part of this public improvement project? Summary: Bids were received for the 36th Street and Wooddale project on April 25, 2022. A total of three (3) bids were received.. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Geislinger and Sons, Inc. $5,217,582.00 Bituminous Roadways, Inc. $6,398,056.20 S.M. Hentges & Son, Inc. $7,036,762.50 Engineer’s estimate $5,565,357.70 A review of the bids indicates Geislinger and Sons, Inc. submitted the lowest bid. Staff has checked their references and spoke with other contractors in the industry. All references and contractors' feedback indicate that Geislinger and Sons, Inc. is a reputable contractor. Staff recommends that a contract be awarded to the firm in the amount of $5,217,582.00. Financial or budget considerations: This project is included in the city's Capital Improvement Plan (CIP) for 2022. Funding will be provided by Elmwood Tax increment funds (TIF). Additional information on the breakdown of the funding can be found later in this report. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Discussion Overall 2022 financial summary Prepared by: Joseph Shamla, engineering project manager Reviewed by: Debra Heiser, engineering director, melanie schmitt, finance director Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 4d) Page 2 Title: Bid Tabulation: 36th Street and Wooddale Avenue Improvements project – (4022-6000) Discussion Background: Bids were received on April 25, 2022, for the 36th Street and Wooddale Avenue Improvements. This project is located in the Elmwood neighborhood, Ward 2. Work will take place on 36th Street from Alabama Avenue to Highway 100 and Wooddale Avenue from 36th Street to the Highway 100 ramp. Improvements include pavement replacement, bikeway installation, sidewalk upgrades and upsizing of the sanitary sewer main on 36th Street. An advertisement for bids was published in the St. Louis Park Sun Sailor on March 10, 2022, and March 17, 2022, and in Finance and Commerce from March 15 to March 26, 2022 and April 14, 2022 to April 21, 2022. In addition, plans and specifications were available for viewing at City Hall and electronically via the internet on the city's OneOffice website. Information regarding this bidding opportunity was shared with three (3) minority associations and 35 Disadvantaged Business Enterprises (DBE) contractors, as well as posted on the Association of Women Contractors Bid Opportunity Board. Thirty-four (34) contractors/vendors downloaded plan sets, of which three (3) were Disadvantaged Business Enterprise (DBE) companies. Funding Details: Staff has analyzed the bids and determined that Geislinger and Sons, Inc. is a qualified contractor that can complete this work during the 2022 construction season. Based on the low bid received, cost and funding details are as follows: Due to the nature of our construction projects, unexpected costs do come up. To address this, past practice has been to show a contingency for the project. What follows is a table that shows this contingency and how this would affect the project costs. Low bid Contingency (5%) Engineering Total Elmwood TIF $5,217,582.00 $260,879.10 $1,302,741.00 $6,781,202.10 Attached is the overall financial summary for the transportation and maintenance projects included in the 2022 CIP. This is the last project to bid this year. Recommendation: Staff recommends that a contract be awarded to Geislinger and Sons, Inc.; their bid was less than the engineer's estimate. It should be noted that the funding for this project is recommended to be entirely paid for using Elmwood TIF; this will reduce the impact to utility rates. The infrastructure replacement, mobility improvements and sanitary system upsizing are eligible for TIF funding. Next steps: Private utility construction has started on this project. CenterPoint Energy is currently working on replacing their gas main in 36th Street. The construction on the city portion of the project is anticipated to begin in June and should be completed by November 2022. CIP Low bid Construction cost $5,326,900.00 $5,217,582.00 Engineering and administration $1,331,725.00 $1,302,741.00 Base bid total $6,658,625.00 $6,520,323.00 Funding sources Elmwood TIF $6,658,625.00 $6,520,323.00 Overall financial summary 2022 Budget Pavement management (Area 8) Fern Hill Concrete replacement Alley construction Sanitary sewer lining W 36th/ Wooddale street rehabiliation 4021-1000 4022-0003 4022-1500 4022-3000 4022-6000 Fund balance-Connect the Park 926,000 621,000 - - - 305,000 Fund balance-New sidewalk construction 510,600 510,600 - - - - Pavement management fund 3,955,150 3,404,000 82,500 468,650 - - Tax Increment 4,325,000 - - - - 4,325,000 Stormwater 1,128,725 580,750 110,000 252,350 - 185,625 Water 2,084,037 1,984,662 - - - 99,375 Sanitary sewer 2,574,000 290,375 - - 540,000 1,743,625 Operations budget 95,000 - 95,000 - - - Total funding 15,598,512 7,391,387 287,500 721,000 540,000 6,658,625 Table 1: 2022 Transportation and maintence projects funding -CIP 2022 Budget Pavement management (Area 8) Fern Hill Concrete replacement Alley construction Sanitary sewer lining W 36th/ Wooddale street rehabiliation 2022 project balance 4021-1000 4022-0003 4022-1500 4022-3000 4022-6000 Fund Balance-Connect the Park 926,000 315,267 - - - - 610,733 Fund Balance-New sidewalk construction 510,600 623,494 - - - - (112,894) Pavement management fund 3,955,150 3,666,806 88,685 542,823 - - (343,164) Tax Increment 4,325,000 - - - - 6,781,202 (2,456,202) Stormwater 1,128,725 1,013,717 118,111 292,289 - - (295,392) Water 2,084,037 2,367,624 - - - - (283,587) Sanitary sewer 2,574,000 432,040 - - 442,000 - 1,699,960 Operations budget 95,000 - 102,029 - - - (7,029) Total funding 15,598,512 8,418,948 308,824 835,112 442,000 6,781,202 (1,187,574) Bid award with contingency Bid award with contingency Bid award with contingency Bid award with contingency Bid award with contingency Table 2: 2022 Transportation and maintence projects funding - actual City council meeting of May 16, 2022 (Item No. 4d) Title: Bid Tabulation: 36th Street and Wooddale Avenue Improvements project – (4022-6000) - Ward 2 Page 3 Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4e Executive summary Title: Preliminary and final plat of STEP Expansion – Ward 3 Recommended action: Motion to adopt Resolution approving a preliminary and final plat of STEP Expansion. Policy consideration: Does the preliminary and final plat meet code requirements? Summary: The applicant proposes to combine three parcels into one to facilitate the expansion of the STEP use into the adjacent two existing buildings. The properties are located in Ward 3. Site information: STEP is located on the west side of Lake Street West, between Library Lane and Brownlow Avenue South. The applicant proposes to combine its property with the two properties to the north to form the proposed STEP Expansion plat. If the plat is approved, then STEP will expand its office and service operations into the two adjacent buildings. The expansion into the adjacent buildings is needed to improve and increase social and emergency services offered to residents of St. Louis Park. The planning commission conducted a public hearing on April 6, 2022. No comments were received and the planning commission recommended approval. Financial or budget considerations: None Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Discussion Draft resolution Preliminary and final plat Prepared by: Gary Morrison, zoning administrator Reviewed by: Sean Walther, planning manager Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 4e) Page 2 Title: Preliminary and final plat of STEP Expansion – Ward 3 Discussion Site information: STEP is located on the west side of Lake Street West, between Library Lane and Brownlow Avenue South. The applicant is proposing to combine its property with the two properties to the north to form the proposed STEP Expansion plat. The total combined area is outlined in blue below. Site area (acres): 21,047 square feet Current uses: Surrounding land uses: 6800 Lake St. W.: Office/warehouse 6804 Lake St. W.: Two tenants - hair salon and office/warehouse 6812 Lake St. W.: STEP North: Library Lane East: Lake Street South: Parking lot owned by STEP West: school and office Current 2040 land use guidance Current zoning MX - mixed use MX-2 neighborhood mixed use Background: STEP is a volunteer-based organization that provides many services to the community, including operating a food shelf, and providing clothing and social services. It began operating at its current location, 6812 Lake Street West, in 2010. Present considerations: STEP has outgrown its space and purchased the two adjacent buildings to the north of its existing site. Their plan is to expand into these two buildings; however, it cannot do so until the three properties are combined into one parcel by way of the proposed preliminary and final plat. STEP proposes to provide interior connections between the three buildings to facilitate the expansion. They are not proposing expansions to the existing buildings. City council meeting of May 16, 2022 (Item No. 4e) Page 3 Title: Preliminary and final plat of STEP Expansion – Ward 3 STEP utilizes the parking lot to the south of their location. The parking lot, however, is not included in the plat because its inclusion would create a non-conforming situation to the building frontage requirement. The MX-2 district requires the front wall of the building on a lot to occupy at least 80% of the building frontage along Lake Street. The existing three buildings meet this requirement because they each exist on their own lots. If the parking lot property, however, were included in the proposed combination, then the combined front walls of the existing buildings would cover only 71% of the lot frontage along Lake Steet, which does not conform with the 80% minimum requirement. By leaving the parking lot property out of the plat, the proposed plat meets this requirement because the existing front walls of the buildings occupy 94% of the proposed lot frontage along Lake Street. The small property at the corner of Lake Street and Library Lane is not included in the plat because it is owned by the Soo Line Railroad. Analysis: The following is an analysis of the proposed preliminary and final plat. Lot: Lot 1, Block 1, STEP Expansion is the only lot proposed in the plat. It consists of 21,047 square feet. Easements: A ten-foot drainage and utility easement is proposed along the east lot line adjacent to Lake Street. The building wall along the west lot line, adjacent to the alley is only 5.7 feet from the lot line. Therefore, a five-foot drainage and utility easement is proposed along the west lot line, adjacent to the alley. No easement is proposed along north property line because the building is located 4.5 feet from the lot line, which is insufficient space for a drainage and utility easement. Easements are not proposed along the south property line because it is an interior side lot line, with the existing building located 6.2 feet from the side lot line. Right-of-way dedication: A right of way dedication is not requested. The city engineering department determined that no additional right-of-way is required by the city for existing or future public improvements. Park dedication: Park dedication is not requested because this plat is a combination of existing platted lots, and park dedication is required when lots are created, not combined. Next steps: If approved, the final plat will be recorded at Hennepin County and staff will process building permits for the STEP operations to expand into the two adjacent buildings. Previous/future actions Governing body Date Public hearing conducted. Recommendation of approval passed. Planning commission 4/6/2022 City council meeting of May 16, 2022 (Item No. 4e) Page 4 Title: Preliminary and final plat of STEP Expansion – Ward 3 Resolution No. 22-____ Resolution approving the preliminary and final plat of STEP Expansion Whereas, STEP applied for approval of preliminary and final plat in the manner required for platting land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder; and Whereas, the proposed preliminary and final plat has been found to be in all respects consistent with the Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park; and Whereas, the proposed plat is situated upon lands in Hennepin County, Minnesota, legally described as: Lots 37 and 38, Block 175, Rearrangement of St. Louis Park The northerly 80 feet of Lots 29 and 30, Block 175, Rearrangement of St. Louis Park Lots 31 and 32, Block 175, Rearrangement of St. Louis Park Lots 33, 34, 35 and 36, Block 175, Rearrangement of St. Louis Park Now therefore be it resolved the proposed preliminary and final plat of STEP Expansion is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk and subject to the following conditions: 1. Prior to the city signing and releasing the final plat to the developer for filing with Hennepin County a financial security in the form of a cash escrow or letter of credit in the amount of $1,000 shall be submitted to the city to ensure that a signed Mylar copy of the final plat is provided to the city and that property corner irons are placed as indicated on the plat. Reviewed for administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk City council meeting of May 16, 2022 (Item No. 4e) Title: Preliminary and final plat of STEP Expansion – Ward 3Page 5 City council meeting of May 16, 2022 (Item No. 4e) Title: Preliminary and final plat of STEP Expansion – Ward 3Page 6 Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4f Executive summary Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition) – Ward 1 Recommended action: Motion to approve Resolution authorizing all-way stop controls at 28th Street and Monterey Parkway, based on a resident petition Policy consideration: Installing traffic controls is allowed per the city’s established regulatory authority. City council considers non-qualifying traffic control devices if 70 percent of residents within a 600-foot radius from the location sign a petition in support. Summary: Staff received a request to evaluate all-way stop signs at the intersection of 28th Street and Monterey Parkway as a part of the 2022 Pavement management street reconstruction project public process. This T-intersection does not have any existing traffic controls. The city’s traffic control policy and the Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD) guide the installation of stop signs. The policy sets out warrant criteria that an intersection should meet in order to have stop signs installed. The stop sign criteria for traffic volume, crash history, and sightlines were not met for this intersection. The traffic committee discussed this intersection and did not recommend supporting the request because the intersection did not meet the thresholds for stop sign installation. A petition was received in March 2022 that meets the traffic control policy requirements. A letter was sent to the surrounding area (58 in total), looking for comments and concerns regarding the proposed traffic control change. One person responded to the letter and was not in support of adding stop signs at this location. Financial or budget considerations: The cost of installing these stop signs is estimated to cost $500 and is expected to come from the general operating budget. Similar traffic signs last roughly 10 years in the field. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Discussion Resolution Location map Petition Prepared by: Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 4f) Page 2 Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition) Discussion Background: Staff received the request for all-way stop signs at the intersection of 28th Street and Monterey Parkway during the public process for the 2022 pavement management project in Fern Hill. The existing intersection is a T-intersection with no existing traffic controls. The city’s traffic control policy and the Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD) guide the installation of stop signs. The policy sets out warrant criteria that an intersection should meet in order to have stop signs installed. The stop sign criteria for traffic volume, crash history, and sightlines were not met for this intersection. Staff often fields resident complaints about low stop sign compliance. Experience has demonstrated that placing stop signs in locations where they do not meet these criteria can potentially cause an intersection to be less safe due to low compliance. Installing unwarranted stop signs increases the number of locations in the city for probable low stop sign compliance. Stop signs are installed to control conflicting traffic movements at intersections and assign who has the right of way. Multiple studies have found that stop signs do not slow down traffic except in the immediate vicinity of the intersection. Meaning, stop signs are not an effective traffic calming measure to decrease overall vehicle speeds on a street segment. Stop sign compliance is low when drivers believe the signs are not justified. Places where there is an assumption that vehicles will stop or yield and vehicles don’t stop or yield, create a false sense of security for other road users, especially pedestrians and bicyclists. Finally, they create traffic noise and higher CO2 emissions due to vehicles slowing down, idling, and starting back up again. Due to these potential impacts, the city takes traffic control requests seriously and completes a thorough review of the intersection, using established industry standards to develop recommendations. Traffic review: The traffic committee is an internal employee workgroup made up of the engineering, operations, police, and community development departments. The group meets monthly to discuss traffic requests from across the city and makes recommendations on possible changes. Any official changes to traffic controls or parking restrictions are ultimately approved by the city council. The intersection of 28th Street and Monterey Parkway is a T intersection with no existing traffic controls. Stop or yield signs should be considered at the intersection of two local roads where the intersection has three or more approaches and where one of the following criteria is met: • Combined vehicular, bicycle and pedestrian volumes entering the intersection from all approaches average more than 2,000 a day. Result: Data collected in 2021 indicated approximately 980 vehicles a day entered the intersection. • Crash records indicate five or more accidents within a three-year period. Result: Crash history showed no reported accidents within the last three years. City council meeting of May 16, 2022 (Item No. 4f) Page 3 Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition) • The ability to see conflicting traffic on an approach is not sufficient to allow a road user to stop or yield in compliance with the normal right of way rule if stopping or yielding. Result: The sightlines were found to be clear at this intersection with adequate ability for drivers to apply the normal right of way rule if stopping or yielding. The traffic committee completed a review of the intersection as part of the preliminary design of the 2022 Pavement Management project and did not recommend the installation of stop signs at this intersection since it did not meet the criteria for installation. Petition and comments: Per city policy, when the traffic committee does not recommend the installation of a traffic control device, residents are advised that they have an opportunity to bring their request to the city council for consideration through a petition. The petition will be brought to the council for consideration if 70% of residents within a 600-foot radius from the location sign a petition in support of the request. The city has received the attached petition that meets this requirement. A letter was sent to the surrounding area (58 in total) looking for comments and concerns regarding the proposed traffic control change. Only one person responded to the letter and was not in favor of adding stop signs at this location. They indicated that they don’t see the need for stop signs at this location and that other forms of traffic management, such as basketweave stop signs in the neighborhood, might be more effective at managing driver behavior. Schedule: If the installation of the stop signs is approved, the signs will be installed later this fall after the 2022 pavement management project construction work is complete in this area to minimize the potential for damage to the sign. City council meeting of May 16, 2022 (Item No. 4f) Page 4 Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition) Resolution No. 22-____ Installation of all-way stop controls at 28th Street and Monterey Parkway Whereas, the City of St. Louis Park, Minnesota received a request for stop signs at the intersection of 28th Street and Monterey Parkway; and, Whereas, the traffic committee has reviewed the request and did not recommend installation of stop signs at the intersection of 28th Street and Monterey Parkway; and, Whereas, non-qualifying traffic control devices may be considered by the city council if seventy (70) percent of residents within a six hundred (600) foot radius from the intersection petition; and, Whereas, city staff received a completed and valid petition requesting the installation of all-way stop signs at the intersection of 28th Street and Monterey Parkway and presented the petition and traffic review to the city council; and, Whereas, St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely, and reliably. Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that the engineering director is hereby authorized to: 1. Install stop signs on all approaches to the intersection of 28th Street and Monterey Parkway. Reviewed for administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk 28TH ST W28TH ST W MONTEREY PK WY MONTEREY PK WY 0 100 20050 Feet Traffic Study 754: Monterey Parkway and 28th Street Install new stop signs (all aproaches) City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 5 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 6 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 7 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 8 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 9 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 10 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 11 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 12 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 13 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 14 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 15 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 16 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 17 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 18 City council meeting of May 16, 2022 (Item No. 4f) Title: Traffic study 754 – Installation of all-way stop controls at 28th Street and Monterey Parkway (Petition)Page 19 Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4g Executive summary Title: Support of CommonBond Communities’ participation in Hennepin County’s Pandemic Recovery Fund and Affordable Housing Incentive Fund for Rise on 7 – Ward 2 Recommended action: Motion to Adopt resolution of support of CommonBond Communities’ participation in Hennepin County’s Pandemic Recovery Fund and Affordable Housing Incentive Fund for Rise on 7. Policy consideration: Does the city council wish to support CommonBond Communities’ requests for Pandemic Recovery Funds and Affordable Housing Incentive Funds from Hennepin County in connection with its Rise on 7 development? Summary: Affordable housing developer CommonBond Communities acquired the former Prince of Peace Lutheran Church property at 8115 MN Highway 7 in 2020 with plans to redevelop it. CommonBond proposes removal of the existing building and construction of an all-affordable, five-story, 120-unit multifamily housing development named Rise on 7, including a 6,600-square-foot daycare which intends to provide childcare at affordable rates for half the children that attend and approximately fifteen of the spaces will be reserved for families living on the property. The proposed $40.7 million development includes a mix of all-affordable one-, two-, and three-bedroom units ranging from 30% to 60% area median income, exceeding the city's Inclusionary Housing Policy requirements. CommonBond Communities applied to Hennepin County Housing and Redevelopment Authority (HCHRA) for utilization of pandemic relief and affordable housing funding to help offset increased costs incurred by the development related to the COVID-19 pandemic. CommonBond Communities received funding allocations from HCHRA from its Pandemic Recovery Fund and Affordable Housing Incentive Fund to assist with the construction of the all- affordable Rise on 7 development. State Statute Section 383B.77, Subdivision 3, requires approval of the local governing body where the project is located for utilization of these funds. Financial or budget considerations: Not applicable. The resolution of support for Hennepin County’s HCHRA funding does not obligate the EDA or city to provide financial assistance to the development. However, CommonBond Communities has applied for financial assistance from the EDA and city. The EDA/city council received a staff report detailing the Redeveloper’s TIF Application at the April 11, 2022 study session along with a recommendation of financial assistance that would enable Rise on 7 to move forward. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Prepared by: Jennifer Monson, redevelopment administrator Reviewed by: Greg Hunt, economic development manager Sean Walther, planning manager Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 4g) Page 2 Title: Support of CommonBond Communities’ participation in Hennepin County’s Pandemic Recovery Fund and Affordable Housing Incentive Fund for Rise on 7 – Ward 2 Resolution No. 22-____ Resolution approving the participation of the Hennepin County Housing and Redevelopment Authority in an affordable housing project Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “City”) as follows: Section 1. Recitals. 1.01. The Hennepin County Housing and Redevelopment Authority (the “HCHRA”) has allocated funds from its Pandemic Recovery Fund and Affordable Housing Incentive Fund to assist CB SLP Housing Limited Partnership, a Minnesota limited partnership, with the development of an approximately 120-unit multifamily rental housing facility and facilities functionally related and subordinate thereto located at 8115 State Highway No. 7 in the City to be known as the Rise on 7 (the “Project”). 1.02. Proposed housing or redevelopment projects undertaken by the HCHRA pursuant to authority established at Minnesota Statutes, Section 383B.77, subdivision 3 (the “Statute”) require approval of the local governing body where the project(s) will be located. 1.03. The HCHRA intends to rely on the Statute to assist the Project. Section 2. Approvals. 2.01. The City hereby grants its approval of the Project under the Statute. 2.02. Nothing in this resolution shall create a pecuniary obligation of the City to assist the Project, nor shall the City be in any way responsible for any financing obligation or agreement of the HCHRA with respect to its provision of financial assistance to the Project. 2.03. This resolution shall neither serve to endorse the Project nor operate as a substitute for any other required City approvals required for the Project. Reviewed for Administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4h Executive summary Title: Bremer Bank conditional use permit time extension – Ward 3 Recommended action: Motion to approve an extension until June 15, 2023, for Frauenshuh to act upon the conditional use permit (CUP) for Bremer Bank at 7924 Highway 7. Policy consideration: Does the council wish to allow Frauenshuh Commercial Real estate (Frauenshuh) an additional year to act upon the approved CUP for the Bremer Bank project? Summary: The subject property is located in Ward 3. The city council approved a conditional use permit for the redevelopment of the subject property on June 15, 2020, for a bank with in- vehicle sales (drive-through). At that time, city code required the conditional use permit to be acted upon within one year. Frauenshuh requested, and the city council approved, a one-year extension to the CUP on November 16, 2020. This extended the deadline to June 15, 2022, to give the existing tenants more time to relocate. Frauenshuh anticipates the tenants will vacate or relocate this year, but after June 15. Frauenshuh and Bremer Bank are eager to start construction soon afterwards. Frauenshuh requests a second extension of the CUP to June 15, 2023. Staff recommend approval of a one-year extension to act upon the CUP by June 15, 2023. Financial or budget considerations: None. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Extension request letter Prepared by: Gary Morrison, zoning administrator Reviewed by: Sean Walther, planning manager Approved by: Kim Keller, city manager Previous/future actions Governing body Date Approved CUP to build a bank with in-vehicle service. city council 6/15/2020 Approved one year CUP extension. city council 11/16/2020 City council meeting of May 16, 2022 (Item No. 4h) Page 2 Title: Bremer Bank conditional use permit time extension – Ward 3 Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4i Executive summary Title: Premises amendment for existing liquor license – Steel Toe Brewing – Ward 2 Recommended action: Motion to approve the premises amendment to the liquor license for Steel Toe Brewing, located at 4848 W 35th Street. Policy consideration: Does the council wish to approve the premises amendment for the liquor license at Steel Toe Brewing? Summary: Steel Toe Brewing LLC dba Steel Toe Brewing has submitted an application for a premises amendment to their current liquor license located at 4848 W 35th Street. The proposed amendment will add approximately 1,315 square feet of outdoor space and will provide occupancy for an additional 60 guests. St. Louis Park City Code Section 3-68 (a) states “each license shall be issued only for the exact rooms and square footage described in the application. A license is valid only in the compact and contiguous building or structure situated on the premises described in the license”. St. Louis Park City Code Section 3-106 states that “proposed enlargement or substantial alteration which changes the character of the licensed establishment or extension of a premise previously licensed shall not be allowed unless the city council approves an amendment to the liquor license”. All zoning and building and energy requirements have been approved by city staff and we are recommending approval of this application. Financial or budget considerations: Not applicable Strategic priority consideration: Not applicable. Supporting documents: None. Prepared by: Chase Peterson-Etem, office assistant Reviewed by: Melissa Kennedy, city clerk Approved by: Kim Keller, city manager Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4j Executive summary Title: Special assessment – sewer service line repair at 2655 Vernon Avenue South – Ward 1 Recommended action: Motion to adopt a resolution authorizing a special assessment for the repair of the sewer service line at 2655 Vernon Avenue South, St. Louis Park, MN. P.I.D. 31-029-24-32-0019. Policy consideration: The proposed action is consistent with policy previously established by the city council. Summary: Stephen and Sharon Guffan, owners of the single-family residence at 2655 Vernon Avenue South, have requested the city to authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the city’s special assessment policy. The city requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the city council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by city staff. The property owner hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the city’s special assessment program. The property owners have petitioned the city to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $ 4,980.00. Financial or budget considerations: The city has funds in place to finance the cost of this special assessment. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Jay Hall, utility superintendent Reviewed by: Mark Hanson, public works superintendent Emily Carr, assessing technician Cynthia S. Walsh, deputy city manager / director of operations and recreation Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 4j) Page 2 Title: Special assessment – sewer service line repair at 2655 Vernon Avenue South – Ward 1 Resolution No. 22-___ Resolution authorizing the special assessment for the repair of the sewer service line at 2655 Vernon Avenue South, St. Louis Park, MN P.I.D. 31-029-24-32-0019 Whereas, the property owners at 2655 Vernon Avenue South, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 2655 Vernon Avenue South; and Whereas, the property owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and Whereas, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the property owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Operations and Recreation Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $4,980.00. 4. The property owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment, whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The property owners have agreed to pay the city for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 3%. 6. The property owners have executed an agreement with the city and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4k Executive summary Title: Special assessment – sewer service line repair at 4110 Xenwood Avenue South – Ward 2 Recommended action: Motion to adopt Resolution authorizing the special assessment for the repair of the sewer service line at 4110 Xenwood Avenue South, St. Louis Park, MN. P.I.D. 21-117-21-31-0122. Policy consideration: The proposed action is consistent with policy previously established by the city council. Summary: Joseph Huff and Mariah Schulte, owners of the single-family residence at 4110 Xenwood Avenue South have requested the city to authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the city’s special assessment policy. The city requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the city council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by city staff. The property owner hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the city’s special assessment program. The property owners have petitioned the city to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $ 8,185.00. Financial or budget considerations: The city has funds in place to finance the cost of this special assessment. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Jay Hall, utility superintendent Reviewed by: Mark Hanson, public works superintendent Emily Carr, assessing technician Cynthia S. Walsh, deputy city manager / director of operations and recreation Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 4k) Page 2 Title: Special assessment – sewer service line repair at 4110 Xenwood Avenue South – Ward 2 Resolution No. 22-____ Resolution authorizing the special assessment for the repair of the sewer service line at 4110 Xenwood Avenue South, St. Louis Park, MN P.I.D. 21-117-21-31-0122 Whereas, the property owners at 4110 Xenwood Avenue South, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 4110 Xenwood Avenue South; and Whereas, the property owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and Whereas, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the property owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Operations and Recreation Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $8,185.00. 4. The property owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment, whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The property owners have agreed to pay the city for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 3%. 6. The property owners have executed an agreement with the city and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4l Executive summary Title: Special assessment – sewer service line repair at 4210 Yosemite Avenue South – Ward 2 Recommended action: Motion to adopt a resolution authorizing the special assessment for the repair of the sewer service line at 4210 Yosemite Avenue South, St. Louis Park, MN. P.I.D. 21-117-21-34-0133. Policy consideration: The proposed action is consistent with policy previously established by the city council. Summary: David and Tracey Larson, owners of the single-family residence at 4210 Yosemite Avenue South, have requested the city to authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the city’s special assessment policy. The city requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the city council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by city staff. The property owner hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the city’s special assessment program. The property owners have petitioned the city to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $9,660.00. Financial or budget considerations: The city has funds in place to finance the cost of this special assessment. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Jay Hall, utility superintendent Reviewed by: Mark Hanson, public works superintendent Emily Carr, assessing technician Cynthia S. Walsh, deputy city manager / director of operations and recreation Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 4l) Page 2 Title: Special assessment – sewer service line repair at 4210 Yosemite Avenue South – Ward 2 Resolution No. 22-____ Resolution authorizing the special assessment for the repair of the sewer service line at 4210 Yosemite Avenue South, St. Louis Park, MN P.I.D. 21-117-21-34-0133 Whereas, the property owners at 4210 Yosemite Avenue South, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 4210 Yosemite Avenue South; and Whereas, the property owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and Whereas, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the property owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Operations and Recreation Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $9,660.00. 4. The property owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment, whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The property owners have agreed to pay the city for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 3%. 6. The property owners have executed an agreement with the city and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4m Executive summary Title: Accept donation to Operations and Recreation Department Recommended action: Motion to adopt a resolution approving acceptance of $2,200 from Neelam and Deepak Sethi for the purchase of a memorial bench at Wolfe Park honoring Peachy Sethi. Policy consideration: Does the city council wish to accept this gift with restrictions on its use? Summary: State statute requires city council’s acceptance of donations. This requirement is necessary in order to make sure the city council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Neelam and Deepak Sethi graciously donated $2,200 for a memorial bench to be installed in Wolfe Park honoring Peachy Sethi. Financial or budget considerations: This donation will be used to purchase an honorary bench to be installed in Wolfe Park. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Stacy Voelker, senior office assistant Reviewed by: Rick Beane, parks superintendent Cynthia S. Walsh, interim deputy city manager/ director of operations and recreation Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 4m) Page 2 Title: Accept donation to Operations and Recreation Department Resolution No. 22-__ Resolution approving acceptance of a donation in the amount of $2,200 for the purchase and installation of a memorial bench in Wolfe Park Whereas, the City of St. Louis Park is required by state statute to authorize acceptance of any donations; and Whereas, the city council must also ratify any restrictions placed on the donation by the donor; and Whereas, Neelam and Deepak Sethi donated $2,200 for the purchase of a memorial bench. Now therefore be it resolved by the City Council of the City of St. Louis Park that this gift is hereby accepted with thanks to Neelam and Deepak Sethi with the understanding that it must be used for a memorial bench in Wolfe Park honoring Peachy Sethi. Reviewed for administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: May 16, 2022 Action agenda item: 4n Executive summary Title: Traffic Study 755 – Authorize parking restrictions on Highway 7 Frontage Road west of Texas Avenue to cul-de-sac – Ward 2 Recommended action: Motion to adopt two Resolutions authorizing: • Truck parking restrictions on the north side of Highway 7 Frontage Road from Texas Avenue west to include the cul-de-sac. • Prohibit parking along the south side of Highway 7 Frontage Road from Texas Avenue west to start of the cul-de-sac. Policy consideration: Installing parking restrictions is allowed per the city’s established regulatory authority. The request was considered with the city's traffic control policy in mind. Summary: In March 2022, staff received a request from a property owner on Highway 7 Frontage Road to evaluate the concern related to limited visibility that is present when entering and exiting driveways due to parked semi-trucks on the road. In addition, the road becomes too narrow to navigate when vehicles are parked on both sides of the frontage road. These requests were brought to the traffic committee in April 2022. The committee recommended installing parking restrictions on the south side of the frontage road and prohibiting truck parking on the north side of the frontage road. These recommended parking restrictions were sent via letter to 168 surrounding property owners in St. Louis Park and Hopkins. The letter asked for comments and feedback on both the recommended truck parking restrictions and the recommended no parking. In addition to the letter, staff placed temporary signage notifying users of the roadway that truck parking restrictions are being considered at this location. Staff received four comments to the letter and temporary signs. An overview of the comments is included in the report. Financial or budget considerations: The cost of installing these restrictions is estimated to cost $2,000 and is expected to come from the general operating budget. Similar traffic signs last roughly 10 years in the field. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Discussion Resolution for truck parking restrictions Resolution for no parking Location map Prepared by: Jack Sullivan, engineering project manager Reviewed by: Deb Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 4n) Page 2 Title: Traffic Study 755 – Authorize parking restrictions on Highway 7 Frontage Road west of Texas Avenue to cul- de-sac Discussion Background: In August 2021, the city council adopted an ordinance giving the city authority to restrict truck parking in non-residential areas. The ordinance focuses on semi-trailers, truck tractors, or other vehicles that are heavier than 12,000 pounds. The ordinance also includes vehicles whose main function is to tow other vehicles. In March 2022, staff received a request from a property owner on Highway 7 Frontage Road to evaluate the concern related to trucks parking along the frontage road that: - limit line of sight from Highway 7 to the business - limit visibility when entering and exiting driveways due to parked semi-trucks on the road. - when vehicles are parked on both sides, the road becomes too narrow for vehicles to navigate the roadway safely and efficiently. The requestor stated that the frequency and number of trucks have increased significantly in the last few months and are now causing issues for the businesses adjacent to the roadway. These requests were brought to the traffic committee in April 2022. The recommended parking restrictions were sent to 168 surrounding property owners later in April. Due to the proximity to the border with the City of Hopkins, about 80 of the letters were to residents and businesses in Hopkins. Traffic committee: The traffic committee is an internal employee workgroup made up of staff from the engineering, operations, police, and community development departments. The group meets monthly to discuss traffic requests from across the city and makes recommendations on possible changes. Any official changes to traffic controls or parking restrictions are ultimately approved by the city council. The traffic committee reviewed the request and made their recommendations on the following information: Width of roadway The Highway 7 Frontage Road is currently 24 feet wide. It is the city’s practice to limit parking to only one side of the street when a road is less than 28 feet wide. Allowing parking on only one side of the road will allow for vehicles to navigate the road and for maintenance activities such as snow plowing to occur. The north side was the preferred side for on-street parking to allow for clear sightlines as drivers enter and exit the business driveways along the south side of the road. Land use Adjacent land use along the west end of the Highway 7 Frontage Road is mostly commercial uses that operate 7-days a week and in the evenings. Therefore, limiting trucks to nights or weekends does not address the concern about line of sight to the businesses or sightlines at driveways. In addition, the Prince of Peace Lutheran Church is transitioning to Rise on 7, a 120-unit affordable housing development with a daycare. Truck parking is considered non- compatible in areas with residential uses. City council meeting of May 16, 2022 (Item No. 4n) Page 3 Title: Traffic Study 755 – Authorize parking restrictions on Highway 7 Frontage Road west of Texas Avenue to cul- de-sac At the April 2022 meeting, the traffic committee recommended the following parking restrictions: • Truck parking restrictions on the north side of Highway 7 Frontage Road from Texas Avenue west to include the cul-de-sac. • Prohibit parking along the south side of Highway 7 Frontage Road from Texas Avenue west to start of the cul-de-sac. These parking prohibitions will eliminate sightline issues to the driveways, allow on-street parking for the businesses and Rise on 7 and allow safe travel along this narrower roadway. Community feedback: In April, a letter was sent to the surrounding area asking for comments and feedback on the recommended parking restrictions. In addition to the letter, staff placed temporary signage notifying users of the roadway that truck parking restrictions are being considered at this location. Staff received four comments from community members. All four commented on the truck parking restrictions. Three were not in favor of prohibiting truck parking, citing that trucks and truck drivers need a place to park to grab food from the nearby restaurants and that the street is fairly quiet. One respondent was a business owner along the frontage road that supports removing truck parking. Only one individual commented on the removal of all parking on the south side of the frontage road. They were in favor of this recommendation to help with the sightlines entering and exiting the business’ driveways. Staff has reviewed the community feedback but is not recommending making changes to the original parking restrictions proposed by the traffic committee. Schedule: If the parking restrictions are approved as recommended, it will take 4 to 6 weeks to install the truck parking restriction signs. City council meeting of May 16, 2022 (Item No. 4n) Page 4 Title: Traffic Study 755 – Authorize parking restrictions on Highway 7 Frontage Road west of Texas Avenue to cul- de-sac Resolution No. 22-____ Authorizing truck parking restrictions on Highway 7 Frontage Road west of Texas Avenue Whereas, The City of St. Louis Park received a request to install truck parking restrictions on the north side of Highway 7 Frontage Road from Texas Avenue west to include the cul-de- sac; and, Whereas, installing truck parking restrictions is allowed per city ordinance 2623-21; and, Whereas, the traffic committee has reviewed the request and recommended the installation of truck parking restrictions on the north side of Highway 7 Frontage Road from Texas Avenue west to include the cul-de-sac; and Whereas, St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely, and reliably. Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota that the engineering director is authorized to: 1. Install truck parking restrictions on the north side of Highway 7 Frontage Road from Texas Avenue west to include the cul-de-sac; and Reviewed for administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk City council meeting of May 16, 2022 (Item No. 4n) Page 5 Title: Traffic Study 755 – Authorize parking restrictions on Highway 7 Frontage Road west of Texas Avenue to cul- de-sac Resolution No. 22-____ Authorizing parking restrictions on Highway 7 Frontage Road west of Texas Avenue Whereas, The City of St. Louis Park received a request to install parking restrictions on the south side of Highway 7 Frontage Road from Texas Avenue west to the start of the cul-de-sac; and, Whereas, the traffic committee has reviewed the request and recommended the installation of parking restrictions on the south side of Highway 7 Frontage Road from Texas Avenue west to the start of the cul-de-sac; and Whereas, St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely, and reliably. Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota that the engineering director is authorized to: 1. Install parking restrictions on the south side of Highway 7 Frontage Road from Texas Avenue west to the start of the cul-de-sac. Reviewed for administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DIVISION STDIVISION ST SS EE RR VV II CC EE DD RR HH WW YY 77 SS TEXAS AVE STEXAS AVE SSTATE HIGHWA Y 7 STATE HIGHWA Y 7 8020 8273 3750 8115 8215 1410 142614061416132114181424 1430 620525 8332 8001 8225 614 1301 0 200 400100 Feet TRAFFIC STUDY 755: Highway 7 Frontage Road, Proposed parking restrictions No truck parking No parking H o p k i n s H o p k i n s S t . L o u i s P a r k S t . L o u i s P a r k Date: 4/14/2022 City council meeting of May 16, 2022 (Item No. 4n) Title: Traffic Study 755 – Authorize parking restrictions on Highway 7 Frontage Road west of Texas Avenue to cul-de-sac – Ward 2 Page 6 Meeting: City council Meeting date: May 16, 2022 Consent agenda item: 4o Official Minutes Human Rights Commission March 15, 2022 – 7:00 p.m. Members present: Virginia Mancini, Jaime Chismar, Astein Osei, Li Livdahl, Thomas Scott, Emily Buchholz, Paul Baudhuin Members absent: Andre Barajas, Katie Lawler Turnbull, Avi Olitzky Staff present: HR director (Ali Timpone) Guests: None 1. Call to order Chair Mancini called the commission to order at 7:00 pm. 2. Approval of minutes – Human rights commission of February 15, 2022 A motion was made by Commissioner Osei, seconded by Commissioner Scott, to approve the minutes as presented. Motion carried unanimously. 3. Approval of agenda A motion was made by Commissioner Buchholz, seconded by Commissioner Chismar, to approve the minutes as presented. Motion carried unanimously. 4. Election of 2022 Chair and Vice Chair The commission discussed the roles and responsibilities of chair and vice chair officers. After much discussion, Commissioner Baudhuin was elected the Chair, and Commissioner Lawler Turnbull was elected Vice Chair. 5. Kudos • Chair Mancini gave kudos to Commissioner Livdahl for continuing her college admissions process, in the next few weeks she should have plans for next year solidified. • Commissioner Scott (and the rest of the commission) gave kudos to Chair Mancini for being appointed to the St. Louis Park School Board. 6. Bias Motivated Crime Review The group reviewed the recent bias motivated crime report from the police department, in which a Black male Minneapolis resident was subjected to racist slurs/comments from someone in another vehicle while entering a storage facility on February 17. The commission discussed possible actions, including a letter of support/apology to the victim, but ultimately decided that a letter may appear performative and may cause negative emotions or cause harm to the victim by bringing this up more than a month after the incident. A motion was made by Commissioner Chismar, seconded by Commissioner Baudhuin to create a Bias Motivated Crime subcommittee to review future crimes and make recommendations on actions. The subcommittee members will be appointed at the April meeting. Motion passed unanimously. City council meeting of May 16, 2022 (Item No. 4o) Page 2 Title: Human rights commission meeting minutes of March 15, 2022 The commission also discussed the recent racially motivated incident at the SLP boys hockey game versus New Prague. Commissioner Osei gave an excellent background of the work that has been happening at the school and with other stakeholders including the MN State High School League. There has been much discussion on the appropriate way to repair harm in these situations and to ensure culturally relevant frameworks in the schools. Chair Mancini has been in contact with representatives from the MN Dept of Human Rights and they are also talking about this incident and are supportive of more collaboration among commissions across the metro. One important goal is to ignite and engage bystanders to shut down these types of racist taunts or jeers. The commission had drafted a letter of support and solidarity with the SLP students and for school’s swift and appropriate actions based on feedback from our youth commissioners. The city council indicated possible interest in co-signing the letter and will review at their meeting on March 21. Ms. Timpone will provide feedback to the commissioners after that meeting. 7. Brainstorming Ideas The commission had several ideas for avenues for future action, which included: • Creating a 2022 Summer of Action Youth Event, working with SOAR • Making it a goal for the Summer of Action to connect with neighboring cities • Develop a community mural devoted to human rights • Connect with the State HRC, Chair Mancini noted that there was a virtual lunch event coming up on April 12 at noon, commissioners were welcome to attend. The commission directed the Summer of Action subcommittee to meet to start to roadmap events for 2022 (Commissioners Chismar, Livdahl, and Mancini). 8. Human Rights Award The commission reviewed the nomination form and award guidelines for the Human Rights Award. Preference will be given to nominees who are doing recent or ongoing work to advance human rights. The deadline for nominations will be April 18 and Ms. Timpone will work with city communications staff to promote the award and solicit nominations by the deadline. Commissioners are asked to also promote the award and share on their personal social media networks. 9. Staff Report Ms. Timpone provided the staff report: • 50 city staff members recently participated in a full day workshop called the Foundations of Racially Conscious Collaborations and will next attend focus groups to tell the consultant about the city’s staffing needs in racial equity. An additional focus group will be added and boards/commissions across the city will be invited to have a member participate. Ms. Timpone will provide more information when available. • The library staff indicate about 10 books have been taken from our recent book club promotion. Ms. Timpone will send the commission additional marketing information to share via their personal social media networks. Commissioner Osei City council meeting of May 16, 2022 (Item No. 4o) Page 3 Title: Human rights commission meeting minutes of March 15, 2022 will see if the info can be added to the next school newsletter and Commissioner Baudhuin will share with the faith community. Commissioner Chismar will share to the Allies of SLP facebook group. • Ms. Timpone noted that there is an item on the council’s tentative agenda on March 28 regarding the structure, function and authority of boards and commissions. 10. Other business The commissioners determined that a quorum can be present if the April meeting was rescheduled to April 5. 11. The commission adjourned at 8:47 pm. Respectfully submitted by: Ali Timpone, HR director/HRC staff liaison Meeting: City council Meeting date: May 16, 2022 Action agenda item: 5a Executive summary Title: Appoint representatives to advisory boards and commissions Recommended action: Motion to appoint representatives to the advisory boards and commissions as listed in Exhibit A. Policy consideration: Does the city council support appointment of the representatives to the city’s advisory boards and commissions as listed in Exhibit A? Summary: The city received a great response from individuals interested in serving on a city board or commission. A total of 40 applications were received for open positions on the Community Technology Advisory Commission, Environment & Sustainability Commission, Human Rights Commission, Planning Commission, and Police Advisory Commission. The city council evaluated all applications that were submitted. Interview panels, consisting of three council members and the board/commission chair or designated representative, conducted interviews and provided the appointment recommendations in Exhibit A. New members participate in an orientation program with their staff liaison prior to the start of their term on May 31, 2022. Terms on boards and commissions are staggered. Generally, new members are appointed to 3-year terms except when they are appointed to fill the remainder of an unexpired term. Because there are more applicants than positions available, not all candidates will be appointed to a board or commission at this time. Applications for candidates not appointed are kept on file for 1 year. Candidates who are not appointed are strongly encouraged to get involved in the community, including participation in events or activities offered by the city, volunteer opportunities, or initiatives that may be hosted/sponsored by boards or commissions. Financial or budget considerations: Not applicable. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Exhibit A Prepared by: Melissa Kennedy, city clerk Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 5a) Page 2 Title: Appoint representatives to advisory boards and commissions Exhibit A Name Board/Commission Term Expiration Rudyard Dyer Community Technology Advisory Commission 5/31/2025 Drew Keogh Community Technology Advisory Commission 5/31/2025 Konnor Slaats Community Technology Advisory Commission 5/31/2025 Ramil Goonetilleke Environment & Sustainability Commission 5/31/2025 Hailey Sexton Environment & Sustainability Commission 5/31/2025 Eric Zweber Environment & Sustainability Commission 5/31/2025 Andrea Alvarez Human Rights Commission 5/31/2025 Saleta Sallett-Cobb Human Rights Commission 5/31/2025 Jodi Johnston Police Advisory Commission 5/31/2025 Caroline Noble Police Advisory Commission 5/31/2025 Taylor Williams Police Advisory Commission 5/31/2025 Karl Gamradt Police Advisory Commission – remainder of unexpired term 5/31/2024 Mia Divecha Planning Commission 5/31/2025 Jan Youngquist Planning Commission 5/31/2025 Leah Hollingsworth Parks & Recreation Advisory Commission 5/31/2025 Sonya Rippe Parks & Recreation Advisory Commission 5/31/2025 Jay Jaffee Parks & Recreation Advisory Commission – remainder of unexpired term 5/31/2023 Meeting: City council Meeting date: May 16, 2022 Public hearing: 6a Executive summary Title: Beltline station development conduit bond Recommended action: Hold public hearing for May 16th for Beltline station development regarding the issuance of multifamily housing revenue notes; approving a housing program; and authorizing the execution of related documents. Policy consideration: Does the city council wish to consider the issuance of multifamily housing revenue notes; approving a housing program; and authorizing the execution of related documents. Summary: Beltline Station Limited Partnership requested multifamily housing revenue bonds to finance a portion of its affordable housing project proposed to be constructed at the intersection of County Road 25 and Monterey Avenue. The bonds will help finance construction of an 82unit multifamily rental housing building and facilities functionally related, to be located in the city for occupancy by individuals and families of low and moderate income. Beltline Station Limited Partnership secured an allocation of Housing bonds from Minnesota Management and Budget (MMB) in the amount of $13,725,800. The city acts as a conduit for the housing bonds from MMB. Financial or budget considerations: Issuance of these bonds will not impact the city’s debt capacity, would not constitute a general or moral obligation of the city, and would not be secured by the taxing powers of the city or any assets or property of the city. In addition, if the financing goes forward, Beltline Station LP will pay an administration fee in the amount of 1/8th of 1% (.125%) of the outstanding principal of the bonds. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Prepared by: Melanie Schmitt, chief financial officer Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 6a) Page 2 Title: Resolution authorizing the sale of GO refunding bonds Resolution No. 22-______ Resolution authorizing the issuance of multifamily housing revenue notes for the benefit of Beltline Station Limited Partnership; approving a housing program; and authorizing the execution of related documents Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “City”) as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the “Act”), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue obligations to provide funds to finance multifamily housing developments located within the City. 1.02. Beltline Station Limited Partnership, a Minnesota limited partnership (the “Borrower”), has proposed that the City issue one or more series of taxable or tax-exempt revenue obligations (the “Notes”) in an estimated aggregate principal amount not to exceed $13,725,800 for the benefit of the Borrower for the purposes of (i) financing the acquisition, construction, and equipping of an approximately 82-unit multifamily housing development for occupancy by persons of low and moderate income and facilities functionally related and subordinate thereto to be located at the intersection of County Road 25 and Monterey Avenue in the City (the “Project”), which will be owned and operated by the Borrower; (ii) funding any required reserve funds; (iii) financing capitalized interest during the construction of the Project, if necessary; and (iv) paying the costs of issuing the Notes. 1.03. On November 15, 2021, the City Council adopted a resolution authorizing the submission of an application to the office of Minnesota Management and Budget for an allocation of bonding authority with respect to the Note to finance the Project in accordance with the requirements of Minnesota Statutes, Chapter 474A, as amended (the “Allocation Act”), and providing preliminary approval for the sale and issuance of the Notes for the Project. 1.04. On January 11, 2022, the City received Certificate of Allocation No. 424 from the Minnesota Department of Management and Budget allocating bonding authority to the City in the amount of $13,725,800 from the State of Minnesota, pursuant to the Allocation Act. 1.05. In accordance with the Act, the City has prepared a housing program (the “Housing Program”) to authorize the issuance by the City of the Notes to finance the Project, and the Housing Program was prepared and submitted to Metropolitan Council for its review and comment. 1.06. A notice of public hearing (the “Public Notice”) was published in the Sun Sailor, the official newspaper of and a newspaper of general circulation in the City, with respect to the City council meeting of May 16, 2022 (Item No. 6a) Page 3 Title: Resolution authorizing the sale of GO refunding bonds required public hearing under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and Section 462C.04, subdivision 2 of the Act. 1.07. The Public Notice was published at least fifteen (15) days before the regularly scheduled meeting of the City Council, and on the date hereof, the City Council conducted a public hearing on the Housing Program and the issuance of the Notes at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing. 1.08. Cedar Rapids Bank and Trust Company, an Iowa banking corporation, or another financial institution selected by the Borrower (the “Lender”), intends to purchase the Notes. Section 2. The Housing Program. The Housing Program, in the form substantially on file with the City, is hereby approved. Section 3. The Notes. The Borrower has requested that the City issue, sell, and deliver one or more series of the Notes in the estimated aggregate principal amount of $13,725,800. The City may issue two separate series of the Notes (the “Series 2022A Note” and the “Series 2022B Note,” respectively). Section 4. Series 2022A Note. 4.01. The proceeds derived from the sale of the Series 2022A Note will be loaned by the City to the Borrower (the “Series 2022A Loan”) pursuant to the terms of a Loan Agreement (the “Series 2022A Loan Agreement”) between the City and the Borrower. 4.02. The Series 2022A Loan Agreement requires the Borrower to make loan repayments to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Series 2022A Note when due. The City will assign its rights to the loan repayments, basic payments, and certain other rights under the Series 2022A Loan Agreement to the Lender pursuant to the terms of an Assignment of Loan Agreement (the “Series 2022A Assignment of Loan Agreement”) between the City and the Lender. 4.03. As security for the repayment of principal of and interest on the Series 2022A Loan, the Borrower will execute and deliver to the City a mortgage agreement (the “Series 2022A Mortgage”) to be assigned by the City to the Lender pursuant to an assignment of mortgage (the “Series 2022A Mortgage Assignment”) or such other collateral as determined by the Lender, including but not limited to one or more guaranties. 4.04. The Series 2022A Note will be issued pursuant to this resolution and the Act, and the Notes and the interest thereon (i) shall be payable solely from the revenues pledged therefor under the Series 2022A Loan Agreement and additional sources of revenues provided by or on behalf of the Borrower, which will be assigned to the Lender pursuant to the Series 2022A Assignment of Loan Agreement; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of City council meeting of May 16, 2022 (Item No. 6a) Page 4 Title: Resolution authorizing the sale of GO refunding bonds the City other than the City’s interest in the Series 2022A Loan Agreement and the revenues and assets thereunder, which will be pledged to the Lender; and (v) shall not constitute a general or moral obligation of the City. 4.05. The City acknowledges, finds, determines, and declares that the issuance of the Series 2022A Note is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Series 2022A Note, and the other actions of the City under the Series 2022A Loan Agreement, the Series 2022A Assignment of Loan Agreement, and this resolution constitute a public purpose and are in the interests of the City. In authorizing the issuance of the Series 2022A Note to finance the Project and the related costs, the City’s purpose is and the effect thereof will be to promote the public welfare of the City and its residents by providing multifamily housing developments for individuals and families of low or moderate income and otherwise furthering the purposes and policies of the Act. 4.06. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Series 2022A Note. 4.07. The Series 2022A Note shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal amount, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the form of the Series 2022A Note now on file with the City, with the amendments referenced herein. The City hereby authorizes the Series 2022A Note to be issued, in whole or in part, as a “tax-exempt obligation,” the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. 4.08. All of the provisions of the Series 2022A Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2022A Note shall be substantially in the form on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Series 2022A Note, the stated maturities of the Series 2022A Note, the interest rates on the Series 2022A Note and the terms of redemption of the Series 2022A Note) as the Mayor and the City Manager, in their discretion, shall determine. The execution of the Series 2022A Note with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Series 2022A Note by the City shall be conclusive evidence of such determination. 4.09. The Series 2022A Note shall be a special, limited obligation of the City payable solely from the revenues provided by the Borrower pursuant to the Series 2022A Loan Agreement, including revenues derived from the Project. The City Council hereby authorizes and directs the Mayor and the City Manager to execute the Series 2022A Note in accordance with the terms thereof. 4.10. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Series 2022A Loan Agreement and the Series 2022A Assignment of Loan Agreement. All of the provisions of the Series 2022A Loan Agreement and the Series 2022A Assignment of Loan Agreement, when executed and delivered as authorized herein, shall be City council meeting of May 16, 2022 (Item No. 6a) Page 5 Title: Resolution authorizing the sale of GO refunding bonds deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2022A Loan Agreement and the Series 2022A Assignment of Loan Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, and as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determinations. Section 5. Series 2022B Note. 5.01. The proceeds derived from the sale of the Series 2022B Note will be loaned by the City to the Borrower (the “Series 2022B Loan”) pursuant to the terms of a Loan Agreement (the “Series 2022B Loan Agreement”) between the City and the Borrower. 5.02. The Series 2022B Loan Agreement requires the Borrower to make loan repayments to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Series 2022B Note when due. The City will assign its rights to the loan repayments, basic payments, and certain other rights under the Series 2022B Loan Agreement to the Lender pursuant to the terms of an Assignment of Loan Agreement (the “Series 2022B Assignment of Loan Agreement”) between the City and the Lender. 5.03. As security for the repayment of principal of and interest on the Series 2022B Loan, the Borrower will execute and deliver to the City a mortgage agreement (the “Series 2022B Mortgage”) to be assigned by the City to the Lender pursuant to an assignment of mortgage (the “Series 2022B Mortgage Assignment”) or such other collateral as determined by the Lender, including but not limited to one or more guaranties. 5.04. The Series 2022B Note will be issued pursuant to this resolution and the Act, and the Notes and the interest thereon (i) shall be payable solely from the revenues pledged therefor under the Series 2022B Loan Agreement and additional sources of revenues provided by or on behalf of the Borrower, which will be assigned to the Lender pursuant to the Series 2022B Assignment of Loan Agreement; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Series 2022B Loan Agreement and the revenues and assets thereunder, which will be pledged to the Lender; and (v) shall not constitute a general or moral obligation of the City. 5.05. The City acknowledges, finds, determines, and declares that the issuance of the Series 2022B Note is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Series 2022B Note, and the other actions of the City under the Series 2022B Loan Agreement, the Series 2022B Assignment of Loan Agreement, and this resolution constitute a public purpose and are in the interests of the City. In authorizing the issuance of the Series 2022B Note to finance the Project and the related costs, the City’s purpose is and the effect thereof will be to promote the public welfare of the City and its City council meeting of May 16, 2022 (Item No. 6a) Page 6 Title: Resolution authorizing the sale of GO refunding bonds residents by providing multifamily housing developments for individuals and families of low or moderate income and otherwise furthering the purposes and policies of the Act. 5.06. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Series 2022B Note. 5.07. The Series 2022B Note shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal amount, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the form of the Series 2022B Note now on file with the City, with the amendments referenced herein. The City hereby authorizes the Series 2022B Note to be issued, in whole or in part, as a “tax-exempt obligation,” the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. 5.08. All of the provisions of the Series 2022B Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2022B Note shall be substantially in the form on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Series 2022B Note, the stated maturities of the Series 2022B Note, the interest rates on the Series 2022B Note and the terms of redemption of the Series 2022B Note) as the Mayor and the City Manager, in their discretion, shall determine. The execution of the Series 2022B Note with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Series 2022B Note by the City shall be conclusive evidence of such determination. 5.09. The Series 2022B Note shall be a special, limited obligation of the City payable solely from the revenues provided by the Borrower pursuant to the Series 2022B Loan Agreement, including revenues derived from the Project. The City Council hereby authorizes and directs the Mayor and the City Manager to execute the Series 2022B Note in accordance with the terms thereof. 5.10. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Series 2022B Loan Agreement and the Series 2022B Assignment of Loan Agreement. All of the provisions of the Series 2022B Loan Agreement and the Series 2022B Assignment of Loan Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2022B Loan Agreement and the Series 2022B Assignment of Loan Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, and as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determinations. 5.11. Based on a final determination of security required for the Borrower’s repayment obligations with respect to the Notes, the Borrower may determine that only one City council meeting of May 16, 2022 (Item No. 6a) Page 7 Title: Resolution authorizing the sale of GO refunding bonds series of Notes is necessary. If such a determination is made, the Series 2022B Note will not be issued by the City. Section 6. Agreements Applicable to the Notes. 6.01. To ensure compliance with certain rental and occupancy restrictions imposed by the Act and Section 142(d) of the Code, and to ensure compliance with certain restrictions imposed by the City, the Mayor and City Manager are also hereby authorized and directed to execute and deliver a Regulatory Agreement (the “Regulatory Agreement”) between the City, the Borrower, and the Lender. All of the provisions of the Regulatory Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Regulatory Agreement shall be substantially in the form on file with the City which is hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 6.02. To provide a portion of the financing for the Project, the City will consider making a loan to the Borrower in the estimated principal amount of $618,238 (the “Subordinate Loan”) from its Affordable Housing Trust Fund. Provided that the City Council approves the Subordinate Loan at a future City Council meeting, the Mayor and the City Manager are hereby authorized to execute and deliver, on behalf of the City, a subordination agreement (the “Subordination Agreement”) between the Lender, the City, as the issuer of the Bonds, the City, as the lender of the Subordinate Loan, any additional subordinate lenders, and the Borrower. All of the provisions of the Subordination Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Subordination Agreement is hereby approved, subject to final review and approval by City staff and legal counsel. 6.03. The Mayor, the City Manager, and the Finance Director of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents and certificates as are necessary or appropriate in connection with the issuance, sale, and delivery of the Notes, including the Series 2022A Mortgage Assignment, the Series 2022B Mortgage Assignment, various certificates of the City, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, an endorsement of the City to the tax certificate of the Borrower, and similar documents, additional subordination agreements, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Notes. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel (“Bond Counsel”), to prepare, execute, and deliver its approving legal opinions with respect to the Notes. 6.04. The City hereby authorizes the Borrower to provide such security for payment of its obligations under the Series 2022A Loan Agreement and the Series 2022B Loan Agreement and for payment of the Notes, including the Series 2022A Mortgage, Series 2022B Mortgage, City council meeting of May 16, 2022 (Item No. 6a) Page 8 Title: Resolution authorizing the sale of GO refunding bonds one or more guaranties, or any other security agreed upon by the Borrower and the Lender, and the City hereby approves the execution and delivery of such security. Section 7. Additional Findings and Certifications. 7.01. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any officer, agent or employee of the City in that person’s individual capacity, and neither the City Council nor any officer or employee executing the Notes shall be personally liable on the Notes or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Notes, or in any other document relating to the Notes, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of the City or any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Series 2022A Loan Agreement and the Series 2022B Loan Agreement which are to be applied to the payment of the Notes, as provided therein. 7.02. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied is intended or shall be construed to confer upon any person or firm or corporation, other than the City, any holder of the Notes issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, and any holder from time to time of the Notes issued under the provisions of this resolution. 7.03. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Sections 4.09 and 5.09 hereof, or of the aforementioned documents, or of the Notes issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Notes, but this resolution, the aforementioned documents, and the Notes shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 7.04. The Notes, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the City council meeting of May 16, 2022 (Item No. 6a) Page 9 Title: Resolution authorizing the sale of GO refunding bonds Notes and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Notes, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 7.05. The officers of the City, Bond Counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Notes, for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Notes, the aforementioned documents, and this resolution. If for any reason the Mayor or the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the Mayor or the City Manager with the same force and effect as if such documents were executed and delivered by the Mayor or the City Manager. 7.06. The Borrower shall pay the administrative fee of the City for the issuance of conduit debt. The Borrower will also pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Notes, whether or not the Notes are issued, including any costs for reasonable attorneys’ fees. Section 8. Effective Date. This resolution shall be in full force and effect from and after its approval. The approvals contained in the resolution are effective for one year after the date hereof. Reviewed for Administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: May 16, 2022 Public hearing: 6b Executive summary Title: Wooddale avenue apartment conduit bond Recommended action: Hold public hearing for May 16th for AH I, LLLP regarding the issuance of multifamily housing revenue notes; approving a housing program; and authorizing the execution of related documents. Policy consideration: Does the city council wish to consider the issuance of multifamily housing revenue notes; approving a housing program; and authorizing the execution of related documents. Summary: AH I LLLP requested multifamily housing revenue bonds to finance a portion of its affordable housing project proposed to be constructed at 3801 Wooddale Avenue South. The bonds will help finance construction of an 114unit multifamily rental housing building and facilities functionally related, to be located in the city for occupancy by individuals and families of low and moderate income. The wooddale avenue project secured an allocation of Housing bonds from Minnesota Management and Budget (MMB) in the amount of $27,990,500. The city acts as a conduit for the housing bonds from MMB. Financial or budget considerations: Issuance of these bonds will not impact the city’s debt capacity, would not constitute a general or moral obligation of the city, and would not be secured by the taxing powers of the city or any assets or property of the city. In addition, if the financing goes forward, Beltline Station LP will pay an administration fee in the amount of 1/8th of 1% (.125%) of the outstanding principal of the bonds. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Prepared by: Melanie Schmitt, chief financial officer Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 6b) Page 2 Title: Resolution authorizing the sale of GO refunding bonds Resolution No. 22-______ Resolution authorizing the issuance of multifamily housing revenue notes for the benefit of St. Louis Park AH I, LLLP; approving a housing program; and authorizing the execution of related documents Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “City”) as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), the City is authorized to carry out the public purposes described in the Housing Act by providing for the issuance of revenue obligations to provide funds to finance multifamily housing developments located within the City. 1.02. St. Louis Park AH I, LLLP, a Minnesota limited liability limited partnership (the “Borrower”), has proposed that the City issue one or more series of taxable or tax-exempt revenue obligations (the “Notes”) in an estimated aggregate principal amount not to exceed $27,990,550 for the benefit of the Borrower for the purposes of (i) financing the acquisition, construction, and equipping of an approximately 114-unit multifamily housing development for occupancy by persons of low and moderate income and facilities functionally related and subordinate thereto to be located at 3801 Wooddale Avenue South in the City (the “Project”), which will be owned and operated by the Borrower; (ii) funding any required reserve funds; (iii) financing capitalized interest during the construction of the Project, if necessary; and (iv) paying the costs of issuing the Notes. 1.03. On December 6, 2021, the City Council adopted a resolution authorizing the submission of an application to the office of Minnesota Management and Budget for an allocation of bonding authority with respect to the Notes to finance the Project in accordance with the requirements of Minnesota Statutes, Chapter 474A, as amended (the “Allocation Act”), and providing preliminary approval for the sale and issuance of the Notes for the Project. 1.04. On January 11, 2022, the City received Certificate of Allocation No. 425 from the Minnesota Department of Management and Budget allocating bonding authority to the City in the amount of $17,490,550 from the State of Minnesota (the “State”), pursuant to the Allocation Act. 1.05. Section 146(i)(6) of the Internal Revenue Code of 1986, as amended (the “Code”), permits the reuse of bonding authority for affordable housing projects and treats the reuse as a refunding for tax purposes if: (i) the “refunding” occurs within four (4) years after the original bonds were issued, (ii) the “refunding” bonds are issued within six (6) months after the principal payment of the original bonds, and (iii) the “refunding” bonds mature within thirty- four (34) years of the original issue date. City council meeting of May 16, 2022 (Item No. 6b) Page 3 Title: Resolution authorizing the sale of GO refunding bonds 1.06. Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement between the municipality issuing the obligations and the municipality in which the property to be acquired or improved is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two municipalities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. 1.07. The Borrower has represented to the City that the Notes will meet the requirements of Section 146(i)(6) of the Code with respect to the reuse of a portion of the bonding authority from the Multifamily Housing Revenue Bonds (Lincoln Place/Vadnais Highlands Projects), Series 2021 (the “Participant City Bonds”), issued by the City of Mahtomedi, Minnesota (the “Participant City”) on June 30, 2021, in the original aggregate principal amount of $10,500,000. In order to better leverage public funding by recycling bonding authority as permitted by Section 146(i)(6) of the Code, the Borrower has proposed that the City and the Participant City enter into a cooperative agreement pursuant to the Act and Minnesota Statutes, Sections 471.59 and 471.656, as amended (the “Joint Powers Act”), in order to provide for issuance of the Notes to finance the Project using, in part, recycled bonding authority from the Participant City Bonds. 1.08. The Project is expected to be financed with tax-exempt obligations issued using housing allocation received from the State in the amount of $17,490,550 and recycled allocation from the Participant City in the amount of up to $10,500,000. 1.09. In accordance with the Housing Act, the City has prepared a housing program (the “Housing Program”) to authorize the issuance by the City of the Notes to finance the Project, and the Housing Program was prepared and submitted to Metropolitan Council for its review and comment. 1.10. A notice of public hearing (the “Public Notice”) was published in the Sun Sailor, the official newspaper of and a newspaper of general circulation in the City, with respect to the required public hearing under Section 147(f) of the Code and Section 462C.04, subdivision 2 of the Housing Act. 1.11. The Public Notice was published at least fifteen (15) days before the regularly scheduled meeting of the City Council, and on the date hereof, the City Council conducted a public hearing on the Housing Program and the issuance of the Notes at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing. 1.12. Cedar Rapids Bank and Trust Company, an Iowa banking corporation, or another financial institution selected by the Borrower (the “Lender”), intends to purchase the Notes. City council meeting of May 16, 2022 (Item No. 6b) Page 4 Title: Resolution authorizing the sale of GO refunding bonds Section 2. The Housing Program. The Housing Program, in the form substantially on file with the City, is hereby approved. Section 3. The Notes. The Borrower has requested that the City issue, sell, and deliver one or more series of the Notes in the estimated aggregate principal amount of $27,990,550. The City expects to issue two separate series of the Notes (the “Series 2022A Note” and the “Series 2022B Note,” respectively). Section 4. The Series 2022A Note. 4.01. The proceeds derived from the sale of the Series 2022A Note will be loaned by the City to the Borrower (the “Series 2022A Loan”) pursuant to the terms of a Loan Agreement (the “Series 2022A Loan Agreement”) between the City and the Borrower. 4.02. The Series 2022A Loan Agreement requires the Borrower to make loan repayments to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Series 2022A Note when due. The City will assign its rights to the loan repayments, basic payments, and certain other rights under the Series 2022A Loan Agreement to the Lender pursuant to the terms of an Assignment of Loan Agreement (the “Series 2022A Assignment of Loan Agreement”) between the City and the Lender. 4.03. As security for the repayment of principal of and interest on the Series 2022A Loan, the Borrower will execute and deliver to the City a mortgage agreement (the “Series 2022A Mortgage”) to be assigned by the City to the Lender pursuant to an assignment of mortgage (the “Series 2022A Mortgage Assignment”). 4.04. The Series 2022A Note will be issued pursuant to this resolution, the Housing Act, and the Joint Powers Act, and the Series 2022A Note and the interest thereon (i) shall be payable solely from the revenues pledged therefor under the Series 2022A Loan Agreement and additional sources of revenues provided by or on behalf of the Borrower, which will be assigned to the Lender pursuant to the Series 2022A Assignment of Loan Agreement; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Series 2022A Loan Agreement and the revenues and assets thereunder, which will be pledged to the Lender; and (v) shall not constitute a general or moral obligation of the City. 4.05. The City acknowledges, finds, determines, and declares that the issuance of the Series 2022A Note is authorized by the Housing Act and the Joint Powers Act and is consistent with the purposes of the Housing Act and the Joint Powers Act and that the issuance of the Series 2022A Note, and the other actions of the City under the Series 2022A Loan Agreement, the Series 2022A Assignment of Loan Agreement, and this resolution constitute a public purpose and are in the interests of the City. In authorizing the issuance of the Series 2022A Note to finance a portion of the Project and the related costs, the City’s purpose is and the effect thereof will be to promote the public welfare of the City and its residents by providing City council meeting of May 16, 2022 (Item No. 6b) Page 5 Title: Resolution authorizing the sale of GO refunding bonds multifamily housing developments for individuals and families of low or moderate income and otherwise furthering the purposes and policies of the Housing Act. 4.06. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Series 2022A Note. 4.07. The Series 2022A Note shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal amount, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the form of the Series 2022A Note now on file with the City, with the amendments referenced herein. The City hereby authorizes the Series 2022A Note to be issued, in whole or in part, as a “tax-exempt obligation,” the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. 4.08. All of the provisions of the Series 2022A Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2022A Note shall be substantially in the form on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Series 2022A Note, the stated maturities of the Series 2022A Note, the interest rates on the Series 2022A Note and the terms of redemption of the Series 2022A Note) as the Mayor and the City Manager, in their discretion, shall determine. The execution of the Series 2022A Note with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Series 2022A Note by the City shall be conclusive evidence of such determination. 4.09. The Series 2022A Note shall be a special, limited obligation of the City payable solely from the revenues provided by the Borrower pursuant to the Series 2022A Loan Agreement, including revenues derived from the Project. The City Council hereby authorizes and directs the Mayor and the City Manager to execute the Series 2022A Note in accordance with the terms thereof. 4.10. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Series 2022A Loan Agreement and the Series 2022A Assignment of Loan Agreement. All of the provisions of the Series 2022A Loan Agreement and the Series 2022A Assignment of Loan Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2022A Loan Agreement and the Series 2022A Assignment of Loan Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, and as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determinations. City council meeting of May 16, 2022 (Item No. 6b) Page 6 Title: Resolution authorizing the sale of GO refunding bonds Section 5. The Series 2022B Note. 5.01. The proceeds derived from the sale of the Series 2022B Note will be loaned by the City to the Borrower (the “Series 2022B Loan”) pursuant to the terms of a Loan Agreement (the “Series 2022B Loan Agreement”) between the City and the Borrower. 5.02. The Series 2022B Loan Agreement requires the Borrower to make loan repayments to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Series 2022B Note when due. The City will assign its rights to the loan repayments, basic payments, and certain other rights under the Series 2022B Loan Agreement to the Lender pursuant to the terms of an Assignment of Loan Agreement (the “Series 2022B Assignment of Loan Agreement”) between the City and the Lender. 5.03. As security for the repayment of principal of and interest on the Series 2022B Loan, the Borrower will pledge to the Lender a portion of equity installments attributable to low-income housing tax credits for the Project. Additionally, the Borrower may cause one or more guaranties to be delivered to secure the Borrower’s obligations under the Series 2022B Loan Agreement. 5.04. The Series 2022B Note will be issued pursuant to this resolution, the Housing Act, and the Joint Powers Act, and the Series 2022B Note and the interest thereon (i) shall be payable solely from the revenues pledged therefor under the Series 2022B Loan Agreement and additional sources of revenues provided by or on behalf of the Borrower, which will be assigned to the Lender pursuant to the Series 2022B Assignment of Loan Agreement; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Series 2022B Loan Agreement and the revenues and assets thereunder, which will be pledged to the Lender; and (v) shall not constitute a general or moral obligation of the City. 5.05. The City acknowledges, finds, determines, and declares that the issuance of the Series 2022B Note is authorized by the Housing Act and the Joint Powers Act and is consistent with the purposes of the Housing Act and the Joint Powers Act and that the issuance of the Series 2022B Note, and the other actions of the City under the Series 2022B Loan Agreement, the Series 2022B Assignment of Loan Agreement, and this resolution constitute a public purpose and are in the interests of the City. In authorizing the issuance of the Series 2022B Note to finance a portion of the Project and the related costs, the City’s purpose is and the effect thereof will be to promote the public welfare of the City and its residents by providing multifamily housing developments for individuals and families of low or moderate income and otherwise furthering the purposes and policies of the Housing Act. 5.06. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Series 2022B Note. 5.07. The Series 2022B Note shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal amount, shall be City council meeting of May 16, 2022 (Item No. 6b) Page 7 Title: Resolution authorizing the sale of GO refunding bonds subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the form of the Series 2022B Note now on file with the City, with the amendments referenced herein. The City hereby authorizes the Series 2022B Note to be issued, in whole or in part, as a “tax-exempt obligation,” the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. 5.08. All of the provisions of the Series 2022B Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2022B Note shall be substantially in the form on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Series 2022B Note, the stated maturities of the Series 2022B Note, the interest rates on the Series 2022B Note and the terms of redemption of the Series 2022B Note) as the Mayor and the City Manager, in their discretion, shall determine. The execution of the Series 2022B Note with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Series 2022B Note by the City shall be conclusive evidence of such determination. 5.09. The Series 2022B Note shall be a special, limited obligation of the City payable solely from the revenues provided by the Borrower pursuant to the Series 2022B Loan Agreement, including revenues derived from the Project and the equity installments attributable to low-income housing tax credits for the Project. The City Council hereby authorizes and directs the Mayor and the City Manager to execute the Series 2022B Note in accordance with the terms thereof. 5.10. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Series 2022B Loan Agreement and the Series 2022B Assignment of Loan Agreement. All of the provisions of the Series 2022B Loan Agreement and the Series 2022B Assignment of Loan Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2022B Loan Agreement and the Series 2022B Assignment of Loan Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, and as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determinations. 5.11. If the City obtains recycled allocation from the Participant City, the Borrower may determine that only one series of Notes is necessary. If such a determination is made, the Series 2022B Note will not be issued by the City. Section 6. Agreements Applicable to the Notes. 6.01. If the Borrower is able to obtain recycled allocation from the Participant City, or another municipality or authority, the Mayor and the City Manager are authorized and directed to execute a Cooperative Agreement in substantially the form now on file with the City which is hereby approved, with such omissions and insertions as do not materially change the substance City council meeting of May 16, 2022 (Item No. 6b) Page 8 Title: Resolution authorizing the sale of GO refunding bonds thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 6.02. To ensure compliance with certain rental and occupancy restrictions imposed by the Housing Act and Section 142(d) of the Code, and to ensure compliance with certain restrictions imposed by the City, the Mayor and City Manager are also hereby authorized and directed to execute and deliver a Regulatory Agreement (the “Regulatory Agreement”) between the City, the Borrower, and the Lender. All of the provisions of the Regulatory Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Regulatory Agreement shall be substantially in the form on file with the City which is hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 6.03. To provide a portion of the financing for the Project, the City will consider making a loan to the Borrower in the estimated principal amount of $850,000 (the “Subordinate Loan”) from its Affordable Housing Trust Fund. Provided that the City Council approves the Subordinate Loan at a future City Council meeting, the Mayor and the City Manager are hereby authorized to execute and deliver, on behalf of the City, a Master Subordination Agreement (the “Master Subordination Agreement”) between the Lender, the City, as the issuer of the Notes, the City, as the lender of the Subordinate Loan, any additional subordinate lenders, and the Borrower. All of the provisions of the Master Subordination Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Master Subordination Agreement shall be substantially in the form on file with the City which is hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 6.04. The Mayor, the City Manager, and the Finance Director of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents and certificates as are necessary or appropriate in connection with the issuance, sale, and delivery of the Notes, including the Series 2022A Mortgage Assignment, various certificates of the City, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, an endorsement of the City to the tax certificate of the Borrower, and similar documents, additional subordination agreements, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Notes. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel (“Bond Counsel”), to prepare, execute, and deliver its approving legal opinions with respect to the Notes. 6.05. The City hereby authorizes the Borrower to provide such security for payment of its obligations under the Loan Agreement and for payment of the Notes, including the City council meeting of May 16, 2022 (Item No. 6b) Page 9 Title: Resolution authorizing the sale of GO refunding bonds Mortgage, one or more guaranties, or any other security agreed upon by the Borrower and the Lender, and the City hereby approves the execution and delivery of such security. Section 7. Additional Findings and Certifications. 7.01. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any officer, agent or employee of the City in that person’s individual capacity, and neither the City Council nor any officer or employee executing the Notes shall be personally liable on the Notes or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Notes, or in any other document relating to the Notes, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of the City or any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Series 2022A Loan Agreement and the Series 2022B Loan Agreement which are to be applied to the payment of the Notes, as provided therein. 7.02. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied is intended or shall be construed to confer upon any person or firm or corporation, other than the City, any holder of the Notes issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, and any holder from time to time of the Notes issued under the provisions of this resolution. 7.03. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Sections 4.09 and 5.09 hereof, or of the aforementioned documents, or of the Notes issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Notes, but this resolution, the aforementioned documents, and the Notes shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 7.04. The Notes, when executed and delivered, shall contain a recital that they are issued pursuant to the Housing Act and the Joint Powers Act, and such recital shall be City council meeting of May 16, 2022 (Item No. 6b) Page 10 Title: Resolution authorizing the sale of GO refunding bonds conclusive evidence of the validity of the Notes and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Notes, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 7.05. The officers of the City, Bond Counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Notes, for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Notes, the aforementioned documents, and this resolution. If for any reason the Mayor or the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the Mayor or the City Manager with the same force and effect as if such documents were executed and delivered by the Mayor or the City Manager. 7.06. The Borrower shall pay the administrative fee of the City for the issuance of conduit debt. The Borrower will also pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Notes, whether or not the Notes are issued, including any costs for reasonable attorneys’ fees. Section 8. Effective Date. This resolution shall be in full force and effect from and after its approval. The approvals contained in the resolution are effective for one year after the date hereof. Reviewed for Administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: May 16, 2022 Public hearing: 6c Executive summary Title: Rise on 7 conduit bond Recommended action: Hold public hearing for May 16th for CB SLP Housing Limited Partnership (Rise on 7) regarding the issuance of multifamily housing revenue notes; approving a housing program; and authorizing the execution of related documents. Policy consideration: Does the city council wish to consider the issuance of multifamily housing revenue notes; approving a housing program; and authorizing the execution of related documents. Summary: CB SLP Housing Limited Partnership requested multifamily housing revenue bonds to finance a portion of its affordable housing project proposed to be constructed at 8115 State Highway No. 7. The bonds will help finance construction of a 120unit multifamily rental housing building and facilities functionally related, for occupancy by individuals, families, and seniors of low and moderate income. CB SLP Housing Limited Partnership secured an allocation of Housing bonds from Minnesota Management and Budget (MMB) in the amount of $20,576,600. The city acts as a conduit for the housing bonds from MMB. Financial or budget considerations: Issuance of these bonds will not impact the city’s debt capacity, would not constitute a general or moral obligation of the city, and would not be secured by the taxing powers of the city or any assets or property of the city. In addition, if the financing goes forward, Beltline Station LP will pay an administration fee in the amount of 1/8th of 1% (.125%) of the outstanding principal of the bonds. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Prepared by: Melanie Schmitt, chief financial officer Approved by: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 6c) Page 2 Title: Resolution authorizing the sale of GO refunding bonds Resolution No. 22-_____ Resolution authorizing the issuance of multifamily housing revenue bonds for the benefit of CB SLP Housing Limited Partnership; approving a housing program; and authorizing the execution of related documents Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “City”) as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the “Act”), the City is authorized to carry out the public purposes described in the Housing Act by providing for the issuance of revenue obligations to provide funds to finance multifamily housing developments located within the City. 1.02. CB SLP Housing Limited Partnership, a Minnesota limited partnership (the “Borrower”), has proposed that the City issue one or more series of taxable or tax-exempt revenue obligations (the “Bonds”) in an estimated aggregate principal amount not to exceed $20,576,600 for the benefit of the Borrower for the purposes of (i) financing the acquisition, construction, and equipping of an approximately 120-unit multifamily rental housing facility and facilities functionally related and subordinate thereto located at 8115 State Highway No. 7 in the City (the “Project”) for occupancy by individuals, families, and seniors of low and moderate income; (ii) funding of one or more reserve funds to secure the timely payment of the Bonds, if necessary; (iii) paying interest on the Bonds during the construction of the Project, if necessary; and (iv) paying the costs of issuing the Bonds. 1.03. On December 6, 2021, the City Council adopted a resolution authorizing the submission of an application to the office of Minnesota Management and Budget for an allocation of bonding authority with respect to the Bond to finance the Project in accordance with the requirements of Minnesota Statutes, Chapter 474A, as amended (the “Allocation Act”), and providing preliminary approval for the sale and issuance of the Bonds for the Project. 1.04. On January 11, 2022, the City received Certificate of Allocation No. 418 from the Minnesota Department of Management and Budget allocating bonding authority to the City in the amount of $20,576,600 from the State of Minnesota, pursuant to the Allocation Act. 1.05. In accordance with the Act, the City has prepared a housing program (the “Housing Program”) to authorize the issuance by the City of the Bonds to finance the Project, and the Housing Program was prepared and submitted to Metropolitan Council for its review and comment. 1.06. A notice of public hearing (the “Public Notice”) was published in the Sun Sailor, the official newspaper of and a newspaper of general circulation in the City, with respect to the required public hearing under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and Section 462C.04, subdivision 2 of the Act. City council meeting of May 16, 2022 (Item No. 6c) Page 3 Title: Resolution authorizing the sale of GO refunding bonds 1.07. The Public Notice was published at least fifteen (15) days before the regularly scheduled meeting of the City Council, and on the date hereof, the City Council conducted a public hearing on the Housing Program and the issuance of the Bonds at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing. Section 2. Housing Program. The Housing Program, in the form substantially on file with the City, is hereby approved. Section 3. The Bonds. 3.01. The Borrower has requested that the City issue, sell, and deliver the Bonds in the approximate principal amount of $20,576,600. The Bonds are proposed to be sold to the American Federation of Labor and Congress of Industrial Organization Housing Investment Trust, a District of Columbia common law trust (the “Purchaser”). 3.02. The Bonds are proposed to be issued pursuant to this resolution, the Act, and an Indenture of Trust (the “Indenture”) between the City and U.S. Bank Trust Company, National Association, a national banking association (the “Trustee”). 3.03. The proceeds derived from the sale of the Bonds will be loaned by the City to the Borrower (the “Loan”) pursuant to the terms of a Loan Agreement (the “Loan Agreement”) between the City and the Borrower. 3.04. The Bonds and the interest on the Bonds (i) shall be payable solely from the revenues pledged therefor under the Loan Agreement and additional sources of revenue provided by or on behalf of the Borrower; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Loan Agreement; and (v) shall not constitute a general or moral obligation of the City. 3.05. The loan repayments to be made by the Borrower under the Loan Agreement will be fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. Such loan repayments will be assigned to the Trustee under the terms of the Indenture. 3.06. The Borrower’s repayment obligations in respect of the Loan will be evidenced by a Promissory Note from the Borrower to the City and assigned to the Trustee and may be secured by one or more guaranties. 3.07. The City acknowledges, finds, determines, and declares that the issuance of the Bonds is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds, and the other actions of the City under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the interests of the City. City council meeting of May 16, 2022 (Item No. 6c) Page 4 Title: Resolution authorizing the sale of GO refunding bonds In authorizing the issuance of the Bonds to finance a portion of the Project and the related costs, the City’s purpose is and the effect thereof will be to promote the public welfare of the City and its residents by providing multifamily housing developments for low or moderate income residents of the City and otherwise furthering the purposes and policies of the Act. 3.08. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Bonds in the approximate aggregate principal amount of $20,576,600. The Bonds shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principal amount, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, substantially in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes all or a portion of the Bonds to be issued as “tax-exempt bonds,” the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. 3.09. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the form of the Indenture on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Bonds, the stated maturities of the Bonds, the interest rates on the Bonds and the terms of redemption of the Bonds) as the Mayor and the City Manager, in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Bonds by the City shall be conclusive evidence of such determination. 3.10. The Bonds shall be special, limited obligations of the City payable solely from the revenues provided by the Borrower pursuant to the Loan Agreement, including revenues derived from the Project, and other funds pledged pursuant to the Indenture. The City Council hereby authorizes and directs the Mayor and the City Manager to execute the Bonds in accordance with the terms thereof. 3.11. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions and insertions as do not materially change the substance thereof, and as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. The Mayor and the City Manager are hereby authorized and directed to execute the Indenture, and to deliver the Indenture to the Trustee, and hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Bonds, the City, and the Trustee as set forth therein. City council meeting of May 16, 2022 (Item No. 6c) Page 5 Title: Resolution authorizing the sale of GO refunding bonds 3.12. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Loan Agreement and all other documents and assignments related to the Loan required to be executed by the City. All of the provisions of such documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The aforementioned documents shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, and as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determinations. 3.13. To ensure compliance with certain rental and occupancy restrictions imposed by the Act and Section 142(d) of the Code, and to ensure compliance with certain restrictions imposed by the City, the Mayor and the City Manager are also hereby authorized and directed to execute and deliver a Regulatory Agreement (the “Regulatory Agreement”) between the City, the Borrower, and the Trustee. All of the provisions of the Regulatory Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Regulatory Agreement shall be substantially in the form on file with the City which is hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 3.14. The City will not participate in the preparation of the Private Placement Memorandum (the “Private Placement Memorandum”) relating to the offer and sale of the Bonds and will make no independent investigation with respect to the information contained therein, including the appendices thereto, except for the information set forth in the Private Placement Memorandum regarding the City and certain matters relating to litigation, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Purchaser of the Private Placement Memorandum in connection with the offer and sale of the Bonds. The Private Placement Memorandum is the sole material consented to by the City for use in connection with the offer and sale of the Bonds. 3.15. To provide a portion of the financing for the Project, the City will consider making a loan to the Borrower in the estimated principal amount of $1,800,000 (the “Subordinate Loan”) from its Affordable Housing Trust Fund. Provided that the City Council approves the Subordinate Loan at a future City Council meeting, the Mayor and the City Manager are hereby authorized to execute and deliver, on behalf of the City, a subordination agreement (the “Subordination Agreement”) between the Trustee, the City, as the issuer of the Bonds, the City, as the lender of the Subordinate Loan, any additional subordinate lenders, and the Borrower. All of the provisions of the Subordination Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Subordination Agreement is hereby approved, subject to final review and approval by City staff and legal counsel. City council meeting of May 16, 2022 (Item No. 6c) Page 6 Title: Resolution authorizing the sale of GO refunding bonds 3.16. The Mayor, the City Manager, and the Finance Director of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents and certificates as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including various certificates of the City, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, an endorsement of the City to the tax certificate of the Borrower, and similar documents, additional subordination agreements, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Bonds. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel (“Bond Counsel”), to prepare, execute, and deliver its approving legal opinions with respect to the Bonds. 3.17. The City hereby authorizes the Borrower to provide such security for payment of its obligations under the Loan Agreement and for payment of the Bonds, and the City hereby approves the execution and delivery of such security. Section 4. Additional Findings and Certifications. 4.01. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any officer, agent or employee of the City in that person’s individual capacity, and neither the City Council nor any officer or employee executing the Bonds shall be personally liable on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds, or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of the City or any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues as described herein which are to be applied to the payment of the Bonds, as provided therein. 4.02. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied is intended or shall be construed to confer upon any person or firm or corporation, other than the City, any holder of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the City council meeting of May 16, 2022 (Item No. 6c) Page 7 Title: Resolution authorizing the sale of GO refunding bonds sole and exclusive benefit of the City, and any holder from time to time of the Bonds issued under the provisions of this resolution. 4.03. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 3.10 hereof, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 4.04. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 4.05. The officers of the City, Bond Counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds, for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned documents, and this resolution. If for any reason the Mayor or the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the Mayor or the City Manager with the same force and effect as if such documents were executed and delivered by the Mayor or the City Manager. 4.06. The Borrower shall pay the administrative fee of the City for the issuance of conduit debt. The Borrower will also pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Bonds, whether or not the Bonds are issued, including any costs for reasonable attorneys’ fees. Section 5. Effective Date. This resolution shall be in full force and effect from and after its approval. The approvals contained in the resolution are effective for one year after the date hereof. City council meeting of May 16, 2022 (Item No. 6c) Page 8 Title: Resolution authorizing the sale of GO refunding bonds Reviewed for Administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: May 16, 2022 Action agenda item: 8a Executive summary Title: Sale of bonds, Louisiana court Recommended action: Motion to adopt Resolution providing for the sale of refunding bonds originally used to finance the Louisiana court project. Policy consideration: Does the city council wish to issue refunding general obligation bonds originally used to finance Louisiana court housing project in an aggregate principal amount not to exceed $1,405,000? Summary: The Louisiana court housing project has outstanding debt through the City that was issued originally in 2000 in the amount of $4,505,000. In 2010 the City restructured the debt to reduce the yearly debt obligations and aid long term sustainability for the complex. The 2010C bonds have a balance of $1,405,000 are eligible to be refunded. The current debt has a true interest cost of 5.24%. Our projected interest cost on the new issue is 2.93%. We are reducing the length of the debt with the interest cost savings. A representative from Ehlers will be present to discuss the sale result with council. Financial or budget considerations: Issuance of these bonds would not impact the city’s debt capacity. Louisiana court is currently making the debt service payments, and the City holds a reserve in the amount of $121,105 for the debt. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Prepared by: Melanie Schmitt, chief financial officer Approved By: Kim Keller, city manager City council meeting of May 16, 2022 (Item No. 8a) Page 2 Title: Sale of bonds, Louisiana court Resolution No. 22-______ Resolution awarding the sale of General Obligation Refunding Bonds (Louisiana Court Project), Series 2022A, in the original aggregate principal amount of $1,345,000; fixing their form and specifications; directing their execution and delivery; approving the execution of agreements; providing for their payment; and providing for the redemption of bonds refunded thereby Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “City”) as follows: Section 1. Background. 1.01. The City is a home rule city and political subdivision of the State of Minnesota (the “State”) and is authorized under its charter (the “Charter”) to issue bonds for any public purpose not prohibited by law. 1.02. The Housing Authority of St. Louis Park, Minnesota, as succeeded by the St. Louis Park Economic Development Authority (the “Authority”), is authorized under Minnesota Statutes, Sections 469.001 through 469.047, as amended (the “HRA Act”), to undertake certain housing development projects intended to alleviate a shortage of decent, safe, and sanitary housing for persons of low or moderate income and their families (as such income is defined by the Authority). The City is authorized by the HRA Act to enter into agreements with the Authority regarding projects undertaken under the HRA Act and is further authorized under Minnesota Statutes, Section 471.59, as amended, to perform functions for the Authority that the City is authorized to provide for itself. The Authority and the City are authorized under Minnesota Statutes, Section 469.192, as amended, to make loans to private parties for any purpose that the City and the Authority are authorized to carry out under the HRA Act. 1.03. PPL Louisiana Court Limited Partnership, a Minnesota limited partnership (the “Borrower”), acquired certain rental housing facilities located within the boundaries of the City and renovated the facilities for use as a multifamily rental housing facility intended primarily for low and moderate income persons and their families (the “Facility”). 1.04. The City and the Authority provided for the financing of the Facility pursuant to the Charter, the HRA Act, Minnesota Statutes, Chapters 474A and 475, as amended, and Minnesota Statutes, Sections 469.192 and 471.59, as amended (collectively, the “Act”), through issuance by the City of its General Obligation Bonds (Louisiana Court Project), Series 2000A (the “Series 2000A Bonds”), issued in the original aggregate principal amount of $4,505,000. 1.05. Pursuant to a Loan Agreement, dated as of May 1, 2000 (the “2000 Loan Agreement”), between the City and the Borrower, the City loaned the proceeds derived from the sale of the Series 2000A Bonds to the Borrower to finance the costs of issuance of the Series 2000A Bonds, to fund certain reserves, and to pay a portion of the costs of the acquisition and renovation of the Facility. City council meeting of May 16, 2022 (Item No. 8a) Page 3 Title: Sale of bonds, Louisiana court 1.06. The Series 2000A Bonds were secured by a pledge of the full faith and credit of the City and by the taxing power of the City and were also payable from payments made by the Borrower pursuant to the 2000 Loan Agreement. 1.07. The obligations of the Borrower under the 2000 Loan Agreement were secured by a Mortgage, Assignment of Rents and Leases, Security Agreement, and Fixture Filing, dated as of May 1, 2000, by the Borrower in favor of the City. 1.08. The City and the Borrower entered into a Regulatory Agreement, dated as of May 1, 2000 (the “Original Regulatory Agreement”), to ensure compliance by the Borrower with certain federal and state requirements applicable to the Facility. 1.09. In accordance with the Act, including Section 475.67, subdivision 3, the City issued its General Obligation Refunding Bonds (Louisiana Court Project), Series 2010C (the “Refunded Bonds”), dated December 29, 2010, in the original aggregate principal amount of $1,770,000. The Refunded Bonds are subject to optional redemption on or after February 1, 2020 and are currently outstanding in the principal amount of $1,345,000. 1.10. Pursuant to a Loan Agreement, dated as of December 1, 2010 (the “Prior Loan Agreement”), between the City and the Borrower, the City loaned the proceeds derived from the sale of the Refunded Bonds to the Borrower to refinance the Borrower’s obligations with respect to the loan made pursuant to the 2000 Loan Agreement and to finance costs of issuance of the Refunded Bonds and to fund certain reserves. 1.11. The Refunded Bonds were secured by a pledge of the full faith and credit of the City and by the taxing power of the City and were also payable from payments made by the Borrower pursuant to the Prior Loan Agreement. 1.12. The obligations of the Borrower under the Prior Loan Agreement were secured by a Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing, dated as of December 1, 2010 (the “Prior Mortgage”), by the Borrower in favor of the City. 1.13. In connection with the issuance of the Refunded Bonds, the City and the Borrower entered into a First Amendment to Regulatory Agreement, dated as of December 1, 2010 (the “First Amendment to Regulatory Agreement”), to ensure compliance by the Borrower with certain federal and state requirements applicable to the Facility. 1.14. The City is authorized pursuant to Section 475.67, subdivision 3 of the Act to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment. 1.15. The City Council finds it necessary and desirable to reduce debt service costs that the City issue its General Obligation Refunding Bonds (Louisiana Court Project), Series 2022A City council meeting of May 16, 2022 (Item No. 8a) Page 4 Title: Sale of bonds, Louisiana court (the “Bonds”), in the original aggregate principal amount of $1,345,000, to refinance the Refunded Bonds. 1.16. Pursuant to the terms of a Loan Agreement (the “Loan Agreement”) between the City and the Borrower, the City proposes to make a loan (the “Loan”) to the Borrower to be funded from the proceeds derived from the sale of the Bonds. The proceeds of the Loan will be applied by the Borrower, together with other funds described herein, to prepay the obligations of the Borrower under the Prior Loan Agreement, which prepayments will be applied to the redemption and prepayment of the Refunded Bonds in whole. 1.17. The obligations of the Borrower under the Loan Agreement will be secured by an Amended and Restated Combination Mortgage, Assignment of Rents and Leases, Security Agreement, and Fixture Filing between the Borrower and the City, which will amend and restate the Prior Mortgage. 1.18. In connection with issuance of the Bonds and to ensure compliance by the Borrower with certain federal and state requirements applicable to the Facility, the City and Borrower will enter into a Second Amendment to Regulatory Agreement, which will amend the Original Regulatory Agreement, as amended by the First Amendment to Regulatory Agreement. 1.19. The Borrower, the City, and other lenders will enter into a Third Amended and Restated Master Subordination Agreement and Estoppel Certificate, which sets forth the priority of the repayment of the various loans provided to the Borrower in connection with financing and refinancing the Facility, including but not limited to the Loan. 1.20. The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds because the City has retained an independent municipal advisor in connection with the sale of the Bonds. The actions of the City staff and municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. Section 2. Definitions; Other General Provisions. For all purposes of this Resolution, except as otherwise expressly provided or unless the context clearly otherwise requires: 2.01. Definitions. The terms defined in Section 1.1 of the Loan Agreement, when used herein, shall have the meanings specified in that Section. All references in this instrument to designated “Sections” and other subdivisions are to the designated Sections and other subdivisions of this Resolution. The words “herein,” “hereof,” and “hereunder,” and other words of similar import, without reference to any particular Section or subdivision, refer to this Resolution as a whole and not to any particular Section or other subdivision. The terms defined in this Section have the meanings assigned to them in this Section and include the plural as well as the singular. City council meeting of May 16, 2022 (Item No. 8a) Page 5 Title: Sale of bonds, Louisiana court All accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles. All computations herein provided for shall be made in accordance with generally accepted accounting principles. “Accountant” means a certified public accountant or accountants retained by the Borrower. “Act” means Minnesota Statutes, Chapters 474A and 475, as amended, including Section 475.67, subdivision 3, and Sections 469.001 through 469.047, 469.192, and 471.59, all as amended. “Bond Counsel” means any attorney or firm of attorneys nationally recognized as experienced in matters relating to the tax-exempt financing of facilities of the same character as the Facility, retained by the Borrower or the City. “Bond Fund” means the fund created in Section 6.03 hereof. “Bondholder” means a Person in whose name a Bond is registered in the Bond Register. “Bond Register” has the meaning provided in Section 4.03 hereof. “Bonds” means the General Obligation Refunding Bonds (Louisiana Court Project), Series 2022A, issued by the City on the Date of Issue, in the original aggregate principal amount of $1,345,000. “Bond Year” means the period from the Date of Issue of the Bonds to May 31, 2023, and as long as any Bonds are Outstanding, each one (1) year period thereafter commencing on any June 1 and ending on May 31 of the following year. “Borrower” means PPL Louisiana Court Limited Partnership, a Minnesota limited partnership, and any permitted successor to the Borrower under Section 7.1 of the Loan Agreement. “Borrower Certificate” means a certificate of the Borrower signed by a person then having been granted signatory authority and delivered to the City. “City” means the City of St. Louis Park, Minnesota, a home rule city and political subdivision of the State, and any successor to its functions. “Code” means the Internal Revenue Code of 1986, as amended from time to time. References to the Code and Sections of the Code include relevant applicable regulations (including temporary regulations) and proposed regulations thereunder and under the Internal Revenue Code of 1954, as amended, and any successor provisions to those sections, regulations or proposed regulations. City council meeting of May 16, 2022 (Item No. 8a) Page 6 Title: Sale of bonds, Louisiana court “Collateral Document” means any written instrument other than this Resolution, the Loan Agreement, and the Mortgage, whereby any property or interest in property of any kind is granted, pledged, conveyed, assigned, or transferred to the City as security for performance by the Borrower of its obligations under the Loan Agreement. “Costs of Issuance” means, without duplication, any and all costs incurred by the City and the Borrower in the authorization, sale and issuance of the Bonds, including but not limited to all legal, abstracting, financial and accounting fees and expenses; underwriters’ fees or commissions; printing and engraving costs; fees, costs and expenses of the City; all fees and taxes required in connection with recording or filing the Mortgage and all financing statements; and all other expenses incurred in connection with the preparation of the Loan Agreement, this Resolution, the Mortgage, the Regulatory Agreement, any Collateral Document, and any other documents. “Costs of Issuance Fund” means the fund established pursuant to Section 6.07 hereof. “Date of Issue” means June 21, 2022, which is the date of issuance of the Bonds. “Defeasance Obligations” means Government Obligations which are not subject to redemption. “DTC” means The Depository Trust Company, New York, New York, and its successors and assigns. “Facility” means the approximately 130-unit multifamily rental housing project located on the Land originally acquired and renovated by the Borrower with the proceeds of the Series 2000A Bonds and other funds. “Fee Payments” means the payments required to be made by the Borrower by Section 2.3 of the Loan Agreement. “Funds” means any of the funds established under Section 6 hereof, as the context requires. “Government Obligations” means direct obligations of, or obligations the payment of the principal of and the interest on which is fully and unconditionally guaranteed by, the United States of America, or securities or receipts evidencing ownership interests in any of the foregoing obligations or in specified portions (such as principal or interest) of any of the foregoing obligations. “Holder” means a Bondholder. “Improvement” means any addition, enlargement, improvement, extension or alteration of or to the Facility as it then exists, and any fixtures, structures or other facilities acquired or constructed by the Borrower and located on the Land. City council meeting of May 16, 2022 (Item No. 8a) Page 7 Title: Sale of bonds, Louisiana court “Independent,” when used with respect to any specified Person, means such a Person who (i) is in fact independent; (ii) does not have any direct financial interest or any material indirect financial interest in the Borrower, the Facility Manager or any affiliate, other than the payment to be received under a contract for services to be performed by such Person; and (iii) is not connected with the Borrower, the Facility Manager or any affiliate as an official, officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions. Whenever it is herein provided that any Independent Person’s opinion or certificate shall be furnished to the City, such Person shall be appointed by the City and such opinion or certificate shall state that the signer has read this definition and that the signer is Independent within the meaning hereof. “Interest Payment Date” means, while the Bonds are Outstanding, February 1 and August 1 of each year, commencing February 1, 2023. “Loan” means the loan by the City to the Borrower of the proceeds of the Bonds, evidenced by the execution and delivery of the Loan Agreement, but exclusive of any accrued interest paid by the Original Purchaser of Bonds upon the delivery thereof but including the underwriting discount, if any, in connection with the sale of Bonds by the City to the Original Purchaser. “Loan Agreement” means the Loan Agreement, dated as of June 1, 2022, between the City and the Borrower with respect to the loan of the proceeds of the Bonds, as the same may be from time to time amended or supplemented in accordance with the provisions thereof and hereof. “Loan Repayment” means a payment required to be made by the Borrower by Section 2.2 of the Loan Agreement. “Maturity,” when used with respect to any Bond, means the date on which the principal of such Bond becomes due and payable as therein or herein provided, whether at the Stated Maturity or by declaration of acceleration, call for redemption or otherwise. “Mortgage” means the Amended and Restated Combination Mortgage, Security Agreement, Assignment of Rents and Leases, and Fixture Filing, dated as of June 1, 2022, between the Borrower and the City, as the same may from time to time be amended or supplemented in accordance with the provisions thereof and hereof. “Opinion of Counsel” means a written opinion of legal counsel, who may be counsel for the City or the Borrower, except as otherwise specifically provided herein or in the Loan Agreement. “Original Purchaser” means ________________________________, which is the original purchaser of the Bonds from the City. “Other Lenders” means the Minnesota Housing Finance Agency, Hennepin County, Minnesota, the Hennepin County Housing and Redevelopment Authority, and the Family Housing Fund. City council meeting of May 16, 2022 (Item No. 8a) Page 8 Title: Sale of bonds, Louisiana court “Outstanding” means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except: (i) Bonds theretofore cancelled; (ii) Bonds and portions of Bonds for whose payment or redemption money or Defeasance Obligations (as provided in Section 6 hereof) shall have been theretofore deposited in trust for the Holders of such Bonds; provided, however, that if such Bonds are to be redeemed, notice of such redemption shall have been duly given pursuant to this Resolution or irrevocable instructions to call such Bonds for redemption at a stated Redemption Date shall have been given to the Holders; and (iii) Bonds in exchange for or in lieu of which other Bonds shall have been issued and delivered pursuant to this Resolution. In determining whether the Holders of the requisite principal amount of Outstanding Bonds have given any request, demand, authorization, direction, notice, consent or waiver hereunder, Bonds owned by the City or the Borrower or any affiliate shall be disregarded and deemed not to be Outstanding, except that in determining whether the City shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, or waiver, only Bonds which the City knows to be so owned shall be disregarded. “Paying Agent” means any Person designated by or pursuant to this Resolution to receive and disburse the principal of and premium, if any, and interest on the Bonds on behalf of the City. “Person” means any individual, corporation, partnership, limited liability company, limited liability partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision thereof. “Principal Payment Date” means the Stated Maturity of principal of any Bond or, for a Bond to be redeemed on a Sinking Fund Payment Date, the Sinking Fund Payment Date. “Qualified Investments” means Government Obligations and any other investments authorized to be made by the City under applicable laws of the State, as such laws may be amended from time to time. “Rebate Fund” means the fund created in Section 6.09 hereof. “Redemption Date,” when used with respect to any Bond to be redeemed, means the date on which it is to be redeemed pursuant hereto. “Refunded Bonds” means the City’s General Obligation Refunding Bonds (Louisiana Court Project), Series 2010C, dated December 29, 2010, issued in the original aggregate principal amount of $1,770,000. “Refunding Fund” means the fund created in Section 6.08 hereof. “Registrar” has the meaning specified in Section 4.03 hereof. “Regulatory Agreement” means the Regulatory Agreement, dated as of May 1, 2000, between the City and the Borrower, as amended by the First Amendment to Regulatory City council meeting of May 16, 2022 (Item No. 8a) Page 9 Title: Sale of bonds, Louisiana court Agreement dated as of December 1, 2010, as further amended by the Second Amendment to Regulatory Agreement, and as may be further amended from time to time. “Repair and Replacement Fund” means the fund created in Section 6.05 hereof. “Reserve Fund” means the fund created in Section 6.04 hereof. “Reserve Requirement” means the least of the following: (i) ten percent (10%) of the stated principal amount of the Bonds, as of the Date of Issue of the Bonds; (ii) the maximum annual principal and interest requirements on the Bonds in any Bond Year, as of the Date of Issue of the Bonds; (iii) one hundred twenty-five percent (125%) of the average annual principal and interest requirements on the Bonds, as of the Date of Issue of the Bonds; or (iv) $121,105. “Resolution” means this instrument as originally executed and as it may from time to time be supplemented or amended by one or more Supplemental Resolutions. “Revenue Fund” means the fund created in Section 6.02 hereof. “Second Amendment to Regulatory Agreement” means the Second Amendment to Regulatory Agreement, dated the Date of Issue, between the City and the Borrower, as it may be amended from time to time. “Series 2000A Bonds” means the City’s General Obligation Bonds (Louisiana Court Project), Series 2000A, issued in the original aggregate principal amount of $4,505,000. “Sinking Fund Payment Date” means one of the dates set forth in Section 3.05 hereof for the making of mandatory sinking fund principal payments. “State” means the State of Minnesota. “Stated Maturity,” when used with respect to any Bond, means the date specified in such Bond as the fixed date on which the principal of such Bond is due and payable. “Supplemental Resolution” means any resolution supplemental to this instrument entered into pursuant to Section 12 hereof. “Surplus Fund” means the fund created in Section 6.06 hereof. “Third Amended and Restated Master Subordination Agreement” means the Third Amended and Restated Master Subordination Agreement and Estoppel Certificate, dated the Date of Issue, between the Borrower, the City, and the Other Lenders, as it may be amended from time to time. 2.02. Compliance Certificates and Opinions. Upon any application or request by the Borrower to the City to take any action under any provision of this Resolution or the Loan Agreement, the Borrower shall furnish to the City a Borrower Certificate stating that all conditions precedent, if any, provided for in this Resolution or the Loan Agreement relating to City council meeting of May 16, 2022 (Item No. 8a) Page 10 Title: Sale of bonds, Louisiana court the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel all such conditions precedent, if any, have been complied with. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Resolution or the Loan Agreement shall include (i) a statement that each individual signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto; (ii) a statement that each such individual has made such examination or investigation as is necessary to enable the individual to express an informed opinion as to whether or not such covenant or condition has been complied with; and (iii) a statement whether, in the opinion of each such individual, such condition or covenant has been complied with. 2.03. Form of Documents. In any case where several matters are required to be certified by, or covered by an opinion of any specified Person, it is not necessary that all such matters be certified by, or covered by the opinion of only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of an officer of the City or the Borrower may be based, insofar as it relates to legal matters, upon a certificate or opinion of or representations by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate or opinion or representations with respect to the matters upon which the certificate or opinion is based are erroneous. Any Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of or representations by, an officer or officers of the City or the Borrower stating that the information with respect to such factual matters is in the possession of the City or the Borrower, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion or representations with respect to such matters are erroneous. When any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Resolution, they may, but need not, be consolidated and form one instrument. An “application” for the release of property, or the withdrawal of cash, under any provision of this Resolution, shall consist of and shall not be deemed complete until the City shall have been furnished with, all such documents, cash, bonds, securities and other instruments as are required by such provision to establish the right of the Borrower to the transaction applied for, and the date of such application shall be deemed to be the date upon which such application shall be so completed. Wherever in this Resolution, in connection with any application or certificate or report to the City, it is provided that the Borrower shall deliver any document as a condition of the granting of such application, or as evidence of the Borrower’s compliance with any term hereof it is intended that the truth and accuracy, at the time of the granting of such application or at the effective date of such certificate or report (as the case may be), of the facts and opinions City council meeting of May 16, 2022 (Item No. 8a) Page 11 Title: Sale of bonds, Louisiana court stated in such document shall in such case be conditions precedent to the right of the City or the Borrower to have such application granted or to the sufficiency of such certificate or report. 2.04. Acts of Bondholders. (a) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Resolution to be given or taken by Bondholders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Bondholders in person or by agent duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the City, and, where it is hereby expressly required, to the Borrower. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Resolution and conclusive in favor of the City and the Borrower if made in the manner provided in this Section. (b) The fact and date of the execution by any Person of any such instrument or writing may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer authorized by law to take acknowledgments of deeds, certifying that the individual signing such instrument or writing acknowledged the execution thereof. Where such execution is by an officer of a company or a member of a partnership, on behalf of the company or partnership, the certificate or affidavit shall also constitute sufficient proof of the officer’s authority. The fact and date of the execution of any instrument or writing, or the authority of the Persons executing the same, may also be proved in any other manner which the City deems sufficient; and the City may in any instance require further proof with respect to any of the matters referred to in this Section. (c) The ownership of Bonds shall be proved by the Bond Register. (d) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Bond shall bind every future Holder of the same Bond and the Holder of every Bond issued upon the transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or suffered to be done by the City or the Borrower in reliance thereon, whether or not notation of such action is made upon such Bond. 2.05. Notices to City and Borrower. Any request, demand, authorization, direction, notice, consent, waiver or act of Bondholders or other document provided or permitted by this Resolution shall be sufficient for any purpose under this Resolution and shall be deemed given when mailed certified mail, return receipt requested, postage prepaid (except as otherwise provided in this Resolution), with a copy to the other parties, at the addresses provided in the Loan Agreement, or such other address as may be provided by any party by notice. 2.06. Notices to Bondholders; Waiver. Where this Resolution provides for notice to Bondholders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Bondholder affected by such event, at the Bondholder’s address as it appears on the Bond Register, not later than the latest date, and not earlier than the earliest date, prescribed for the giving of such notice. In any case where notice to Bondholders is given by mail, neither the failure to City council meeting of May 16, 2022 (Item No. 8a) Page 12 Title: Sale of bonds, Louisiana court mail such notice, nor any defect in any notice so mailed, to any particular Bondholder shall affect the sufficiency of such notice with respect to other Bondholders. Notice may also be faxed to a Bondholder (other than notice of redemption of any Bond) with the same effect as mailed notice if the Bondholder has provided to the City a fax number to which such notices may be sent, and confirmation of the transmission of the notice by fax is received. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Bondholders shall be filed with the City, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 2.07. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. 2.08. Successors and Assigns. All covenants and agreements in this Resolution by the City shall bind its successors, whether so expressed or not. 2.09. Severability Clause. In case any provision in this Resolution or in the Bonds shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 2.10. Construction. This Resolution shall be construed in accordance with the laws of the State without giving effect to the conflicts-of-laws principles thereof. 2.11. Benefit of Resolution. Nothing in this Resolution or in the Bonds express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, the Borrower and the Holders of the Bonds any benefit or other legal or equitable right, remedy or claim under this Resolution. 2.12. No Personal Liability. No covenant or agreement contained in the Bonds, in this Resolution or in the Loan Agreement shall be deemed to be the covenant or agreement of any official, officer, agent or employee of the City in its individual capacity, and neither the members of the City Council of the City nor any official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 3. Sale of Bonds; Approval of Documents. 3.01. Award to the Original Purchaser and Interest Rates. A tabulation of proposals received is attached hereto as Exhibit A. The proposal of the Original Purchaser to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $____________ (the par amount of the Bonds of $1,345,000, [plus original issue premium of $___________,] [less original issue discount of $____________,] less underwriter’s discount of $___________), plus accrued interest, if any, to date of delivery for Bonds bearing interest as follows: City council meeting of May 16, 2022 (Item No. 8a) Page 13 Title: Sale of bonds, Louisiana court Year Interest Rate Year Interest Rate 2023 % 2031 % 2024 2032 2025 2033 2026 2034 2027 2035 2028 2036 2029 2037 2030 3.02. Purchase Contract. The sum of $_____________, being the amount proposed by the Purchaser in excess of $1,324,825, shall be credited to the Bond Fund hereinafter created or deposited in the Refunding Fund hereinafter created, as determined by the Finance Director of the City in consultation with the City’s municipal advisor. The good faith deposit of the Original Purchaser shall be retained and deposited until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. The Mayor and City Manager are directed to execute a contract with the Original Purchaser on behalf of the City. 3.03. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds in the total principal amount of $1,345,000, originally dated the Date of Issue, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1 upward, bearing interest as above set forth, and having Stated Maturities on February 1 in the years and amounts as follows: Year Amount Year Amount 2023 $ 2031 $ 2024 2032 2025 2033 2026 2034 2027 2035 2028 2036 2029 2037 2030 3.04. Optional Redemption. The City may elect on February 1, 2031 and on any day thereafter to prepay Bonds due on or after February 1, 2032. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [TO BE COMPLETED IF TERM BONDS ARE REQUESTED 3.05. Mandatory Redemption; Term Bonds. The Bonds maturing on February 1, 20____ and February 1, 20____ shall hereinafter City council meeting of May 16, 2022 (Item No. 8a) Page 14 Title: Sale of bonds, Louisiana court be referred to collectively as the “Term Bonds.” The principal amount of the Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bonds credited against future mandatory sinking fund redemptions of such Term Bond in such order as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows:] Sinking Fund Installment Date February 1, 20___ Term Bond Principal Amount ____________________ * Maturity February 1, 20___ Term Bond Principal Amount ____________________ * Maturity 3.06. Bond Documents Approved. The Mayor and the City Manager are hereby authorized to execute and deliver the Loan Agreement, the Mortgage, the Third Amendment to Regulatory Agreement, and the Third Amended and Restated Master Subordination Agreement (collectively, the “Bond Documents”). All of the provisions of the Bond Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bond Documents shall be substantially in the forms on file with the City, which are hereby approved, with such variations, omissions, and insertions as the Mayor and the City Manager, in their discretion, shall approve, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such approval. Section 4. Registration and Payment. 4.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 4.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2023, to the registered owners of record thereof as of the close of business on the City council meeting of May 16, 2022 (Item No. 8a) Page 15 Title: Sale of bonds, Louisiana court fifteenth day immediately preceding each interest payment date, whether or not such day is a business day. 4.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar” and the “Paying Agent”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register (the “Bond Register”) in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred, or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the Bond Register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. City council meeting of May 16, 2022 (Item No. 8a) Page 16 Title: Sale of bonds, Louisiana court (g) Taxes, Fees, and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen, or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen, or lost, the Registrar will deliver a new Bond of like amount, number, maturity date, and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen, or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen, or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen, or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance, and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 4.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty (30) days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the Bond Register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 4.05. Execution, Authentication, and Delivery. The Bonds will be prepared under the direction of the Finance Director and executed on behalf of the City by the signatures of the City council meeting of May 16, 2022 (Item No. 8a) Page 17 Title: Sale of bonds, Louisiana court Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed, and authenticated, the Finance Director will deliver the same to the Original Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Original Purchaser is not obligated to see to the application of the purchase price. Section 5. Form of Bond. 5.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form attached hereto as Exhibit B. 5.02. Approving Legal Opinion. The Finance Director is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and cause the opinion to be printed on or accompany each Bond. Section 6. Payment; Security; Funds; Pledges and Covenants. 6.01. Initial Deposits to the Funds. On the Date of Issue of the Bonds, the City shall deposit the proceeds derived from the sale of the Bonds and other funds of in the following Funds and accounts: (a) To the Reserve Fund, an amount equal to the Reserve Requirement (but no less than $__________) to be provided from funds transferred from the reserve fund established for the Refunded Bonds; (b) To the Costs of Issuance Fund, an amount designated by an authorized officer of the City to be funded from funds of the Borrower; and (c) To the Refunding Fund, (i) proceeds of the Bonds in the amount of $__________; (ii) $__________ transferred from reserve fund established for the Prior Bonds; and (iii) $__________ representing Borrower equity. City council meeting of May 16, 2022 (Item No. 8a) Page 18 Title: Sale of bonds, Louisiana court 6.02. Revenue Fund. (a) A special Fund is hereby established by the City and designated as the “Revenue Fund.” The City shall deposit and credit to the Revenue Fund all payments received from the Borrower as provided in Article II of the Loan Agreement (excluding Fee Payments paid pursuant to Section 2.3 of the Loan Agreement), including specifically: (i) all payments of Loan Repayments required to be made by the Borrower to the City pursuant to Section 2.2 of the Loan Agreement; (ii) all prepayments of Loan Repayments that the Borrower elects to make to the City pursuant to Section 10.1 of the Loan Agreement; (iii) all money paid by the Borrower for deposit in the Repair and Replacement Fund pursuant to Section 2.4 of the Loan Agreement; (iv) all earnings derived from the investment of funds in any of the Funds required by the terms of this Resolution to be transferred to the Revenue Fund; (v) any money or investments transferred to the City by the Borrower with instructions to deposit and credit such money or investments to the Revenue Fund; and (vi) all earnings derived from the investment of the foregoing, except as otherwise set forth herein, which other earnings shall be retained in the respective funds and accounts identified herein. (b) On the twenty-fifth day of each month, commencing August 25, 2022 the City shall apply money on deposit in the Revenue Fund to the following uses in the following order of priority: (i) to the Bond Fund, (1) one-sixth of the amount necessary to pay the interest on the Bonds due on the next succeeding Interest Payment Date, (2) continuing through January 25, 2023, one-sixth of the amount necessary to pay principal of the Bonds due on the next succeeding Principal Payment Date, and (3) on February 25, 2022 and continuing while the Bonds are Outstanding, one-twelfth of the amount necessary to pay principal of the Bonds due on the next succeeding Principal Payment Date; provided, that on each January 25 and July 25 (commencing January 25, 2023) the City shall deposit in the Bond Fund the amount necessary, after taking into account the balance in the Bond Fund, to pay all principal of and interest on the Bonds due on the succeeding Interest Payment Date or Principal Payment Date; (ii) to the Rebate Fund on January 25 in each year, any amount calculated by any rebate analyst engaged by the Borrower and the City as required to be deposited in the Rebate Fund; (iii) to the Reserve Fund, one-sixth of any amount theretofore transferred from the Reserve Fund to the Bond Fund to pay principal of or interest on the Bonds and not theretofore repaid to the Reserve Fund; (iv) to the Repair and Replacement Fund, one-sixth of any amount theretofore transferred from the Repair and Replacement Fund to the Bond Fund to pay principal of or interest on the Bonds and not theretofore repaid to the Repair and Replacement Fund; (v) to the Repair and Replacement Fund, the monthly amount then required to be paid by the Borrower pursuant to Section 2.4 of the Loan Agreement; (vi) to the Reserve Fund, the amount necessary to restore the balance in the Reserve Fund to the Reserve Requirement; and (vii) to the Surplus Fund, the remaining money in the Revenue Fund. City council meeting of May 16, 2022 (Item No. 8a) Page 19 Title: Sale of bonds, Louisiana court (c) If on the twenty-fifth day of any month, the balance in the Revenue Fund is insufficient to make any of the deposits required by clauses (i) through (vi) of subsection (b) above, the City shall transfer any money then on hand in the Surplus Fund to the Revenue Fund. Promptly following such transfer, the City shall notify the Borrower of the date and amount of the transfer. (d) All income derived from the investment of amounts on hand in the Revenue Fund shall be credited as received to the Revenue Fund. 6.03. Bond Fund. (a) A special Fund is hereby established by the City and designated as the “Bond Fund.” (b) The City shall deposit and credit to the Bond Fund: (i) all amounts required to be deposited therein pursuant to Section 6.02(b)(i) hereof; (ii) all prepayments of Loan Repayments made by the Borrower to the City pursuant to Section 10.1 of the Loan Agreement when any Bonds are Outstanding; (iii) all other money required by the terms of this Resolution to be deposited in the Bond Fund when any Bonds are Outstanding; (iv) while any Bonds are Outstanding, any money or investments transferred to the City by or on behalf of the Borrower with instructions to deposit and credit such money or investments to the Bond Fund; and (v) all earnings derived from the investment of the foregoing, except as otherwise set forth herein, which other earnings shall be retained in the respective funds and accounts identified herein. (c) On each Interest Payment Date and each Redemption Date with respect to the Bonds, the City shall apply money on deposit in the Bond Fund to pay principal of, premium, if any, and interest on the Bonds then due. (d) If on any Interest Payment Date the balance in the Bond Fund is not sufficient to pay the total amount of the principal and premium of and interest on the Bonds then due, the City shall transfer any money then on hand in the Revenue Fund, the Surplus Fund, the Repair and Replacement Fund and the Reserve Fund, in the order listed and in an amount equal to such deficiency, to the Bond Fund and apply the amount so transferred to payment of principal of and interest on the Bonds then due. Promptly following any such transfer, the City shall notify the Borrower of the date and amount of the transfer. (e) All income derived from the investment of amounts on hand in the Bond Fund shall be credited as received to the Revenue Fund. (f) When no Bonds remain Outstanding under this Resolution, if amounts remain on deposit in the Bond Fund, the City shall transfer to the general fund of the City (or other fund designated by the City) an amount from the Bond Fund equal to the funds of the City previously deposited in the Bond Fund and not previously reimbursed City council meeting of May 16, 2022 (Item No. 8a) Page 20 Title: Sale of bonds, Louisiana court to the City. Any amounts remaining on deposit in the Bond Fund (other than amounts held for the payment or redemption of Bonds) after any transfer to the City shall be transferred to the Borrower. 6.04. Reserve Fund. A special Fund is hereby established by the City and designated as the “Reserve Fund.” The City shall initially credit to the Reserve Fund the money required to be deposited in the Reserve Fund in accordance with the terms of Section 6.01 hereof. There shall also be credited to the Reserve Fund the money required to be transferred to the Reserve Fund in accordance with the terms of Section 6.02(b)(iii) and (vi) hereof. At any time on or after February 1, 2031, the City may elect to withdraw all or any portion of the money credited to the Reserve Fund. The determination to withdraw all or any portion of the funds credited to the Reserve Fund shall be in the sole discretion of the City. If on any Interest Payment Date, Principal Payment Date or Redemption Date with respect to the Bonds there is a deficiency in the Bond Fund, for payment of interest, principal, or premium then due with respect to the Bonds, and the amounts in the Revenue Fund and the Surplus Fund are not sufficient to eliminate such deficiency, the City shall transfer from the Reserve Fund to the Bond Fund an amount equal to the lesser of the amount in the Reserve Fund on such date, or the amount of the remaining deficiency on such date. Promptly following any such transfer, the City shall notify the Borrower of the date and amount of the transfer. Amounts on hand in the Reserve Fund shall be invested in Qualified Investments. All income derived from the investment of amounts on hand in the Reserve Fund shall be transferred to the Revenue Fund; provided, that no such transfer shall be made which would reduce the balance in the Reserve Fund below the Reserve Requirement. On February 1 of each year, any balance in the Reserve Fund in excess of the Reserve Requirement shall be transferred to the Revenue Fund. In computing the balance in the Reserve Fund, Qualified Investments shall be valued at face value if purchased at par or at the amortized value if purchased at other than par; provided that Qualified Investments credited to the Reserve Fund are required to be valued only on February 1 of each year. For purposes of this Section, the term “amortized value” means the value as of any given time obtained by dividing the total premium or discount at which such a Qualified Investment was purchased by the number of days remaining to maturity on such obligation at the date of such purchase and by multiplying the amount thus calculated by the number of days having passed since such purchase and (i) in the case of a Qualified Investment purchased at a premium, by deducting the product thus obtained from the purchase price, and (ii) in the case of a Qualified Investment purchased at a discount, by adding the product thus obtained to the purchase price. Valuation of Qualified Investments as of any particular date shall include the amount of interest earned or accrued to such date. Amounts in the Reserve Fund, if any, are held for the benefit of the City. Amounts, if any, remaining in the Reserve Fund upon the payment in full of all Bonds, or the provision for payment thereof in accordance with the terms of this Resolution, shall be transferred as follows. City council meeting of May 16, 2022 (Item No. 8a) Page 21 Title: Sale of bonds, Louisiana court 6.05. Repair and Replacement Fund. A special trust fund is hereby established with the City and designated as the “Repair and Replacement Fund.” There shall be credited to the Repair and Replacement Fund the amounts required by Section 6.02(b)(iv) and (v) hereof. If the Borrower has provided all reports and financial statements theretofore due under Section 4.10 of the Loan Agreement, the City shall apply money in the Repair and Replacement Fund, as requested in a Borrower Certificate, to the payment of items of maintenance, capital expenditures, and other costs with respect to the Facility that are approved by the City and, if the disbursement is more than $5,000, by the Tax Credit Investor. The Borrower Certificate, which shall be submitted no more frequently than semiannually (or more frequently upon the occurrence of an emergency or otherwise with the consent of the City), shall identify the expenditures to be made by nature and amount, shall identify the contractor or other party making the Improvements, performing the maintenance, or incurring the other costs, as the case may be, and shall certify that the expenditures are proper expenditures to be made or reimbursed from the Repair and Replacement Fund. The consent of the City to the request for a disbursement from the Repair and Replacement Fund shall not be unreasonably withheld or delayed. If on any Interest Payment Date, Principal Payment Date or Redemption Date with respect to the Bonds there is a deficiency in the Bond Fund, for payment of interest, principal, or premium then due with respect to the Bonds, and the amounts in the Surplus Fund and the Reserve Fund are not sufficient to eliminate such deficiency, the City shall transfer from the Repair and Replacement Fund to the Bond Fund an amount equal to the lesser of the amount in the Repair and Replacement Fund on such date, or the amount of the remaining deficiency on such date. Promptly following any such transfer, the City shall notify the Borrower of the date and amount of the transfer. Investment earnings on amounts held in the Repair and Replacement Fund shall remain in the Repair and Replacement Fund. Amounts, if any, remaining in the Repair and Replacement Fund upon the payment in full of all Bonds, or the provision for payment thereof in accordance with the terms of this Resolution, shall be transferred: (i) first, to the general fund of the City (or other fund designated by the City) to the extent of any funds of the City deposited in the Repair and Replacement Fund and not previously reimbursed to the City; and (ii) second, to the Borrower the remaining funds in the Repair and Replacement Fund. 6.06. Surplus Fund. (a) A special Fund is hereby established by the City and designated as the “Surplus Fund.” The City shall credit to the Surplus Fund the money required to be transferred to the Surplus Fund in accordance with the terms of Section 6.02(b)(vii) or any other provision hereof. (b) If on any Interest Payment Date, Principal Payment Date or Redemption Date with respect to the Bonds there is a deficiency in the Bond Fund for payment of interest, principal, or premium then due with respect to the Bonds, the City shall transfer from City council meeting of May 16, 2022 (Item No. 8a) Page 22 Title: Sale of bonds, Louisiana court the Surplus Fund to the Bond Fund an amount equal to the lesser of the amount in the Surplus Fund on such date, or the amount of the remaining deficiency on such date. Promptly following any such transfer, the City shall notify the Borrower of the date and amount of the transfer. (c) On May 1 of each year, commencing May 1, 2023, if (i) no Event of Default or event which, with the passage of time or the giving of notice or both has occurred and is continuing; (ii) the balance in the Bond Fund is not less than the amount then required to be on deposit therein; (iii) the balance in the Reserve Fund is not less than the Reserve Requirement; (iv) the balance in the Repair and Replacement Fund is not less than the total of monthly deposits to the Repair and Replacement Fund theretofore required under Section 2.4 of the Loan Agreement less any amounts paid from the Repair and Replacement Fund pursuant to the first paragraph of Section 6.05 hereof; (v) the Borrower has provided all reports and financial statements theretofore due under Section 4.10 of the Loan Agreement; and (vi) the requirements of Section 4.7(b) of the Loan Agreement are satisfied for the immediately preceding Fiscal Year, the amount on deposit in the Surplus Fund shall be paid to the Borrower. (d) Investment earnings on amounts held in the Surplus Fund shall be transferred to the Revenue Fund. (e) Amounts, if any, remaining in the Surplus Fund upon the payment in full of all the Bonds, or the provision for payment thereof in accordance with the terms of this Resolution, shall be transferred: (i) first, to the general fund of the City (or other fund designated by the City) to the extent of any funds deposited in any fund or account established under this Resolution and not previously reimbursed from any other fund or account hereunder; and (ii) second, to the Borrower the remaining funds in the Surplus Fund. 6.07. Costs of Issuance Fund. A special trust fund is hereby established by the City and designated as the “Costs of Issuance Fund.” The City shall credit to the Costs of Issuance Fund the amounts specified in Section 6.01 hereof, from the sources specified therein. No Costs of Issuance shall be payable from proceeds of the Bonds. The City shall disburse money from the Costs of Issuance Fund to the Borrower or its designee to pay Costs of Issuance (or to reimburse the Borrower for any expenditure in payment of Costs of Issuance) upon receipt by the City of a Borrower Certificate, which shall be in writing and shall contain the following: (i) a statement of the amount and general nature of each item of Costs of Issuance certified to have been incurred or paid by and requested to be reimbursed to the Borrower, or certified to be due and payable and requested to be paid to a Person other than the Borrower; and (ii) a statement that each item for which payment or reimbursement is requested is or was necessary in connection with the issuance of the Bonds and that none of such items has formed the basis for any previous payment from the Costs of Issuance Fund. If the amount on hand in the Costs of Issuance Fund is insufficient to pay all of the Costs of Issuance, the Borrower shall provide City council meeting of May 16, 2022 (Item No. 8a) Page 23 Title: Sale of bonds, Louisiana court for the payment of such Costs of Issuance out of its own funds and such Costs of Issuance shall not be paid or reimbursed from any other Funds. Income derived from the investment of amounts on deposit in the Costs of Issuance Fund shall be credited as received to the Revenue Fund. After payment in full of the Costs of Issuance and receipt of a Borrower Certificate stating that all Costs of Issuance have been paid, the City shall transfer any balance then on hand in the Costs of Issuance Fund to the Bond Fund; within thirty days thereafter the City shall furnish the Borrower a written report as to the amounts disbursed from the Costs of Issuance Fund, showing the date of each such disbursement and the Person to whom it was made. 6.08. Refunding Fund. (a) A special Fund is hereby established by the City and designated as the Refunding Fund. The City shall credit to the Refunding Fund the amounts specified in Section 6.01 hereof, from the sources specified therein. Amounts in the Refunding Fund shall be disbursed on June 21, 2022 (the “Refunded Bonds Redemption Date”) to redeem the Refunded Bonds maturing after the Refunded Bonds Redemption Date in accordance with subsection (b) below. Pending such disbursement, the money credited to the Refunding Fund shall not be invested. (b) It is hereby found and determined that based upon information presently available from the City’s municipal advisor, the issuance of the Bonds is consistent with covenants made with the holders of the Refunded Bonds and is necessary and desirable for the reduction of debt service cost to the City. It is further found and determined that the proceeds of the Bonds deposited in the Refunding Fund, together with other funds deposited therein as described in this Section, will be sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the Refunded Bonds. (c) The Refunded Bonds maturing on February 1, 2023 and thereafter will be redeemed and prepaid on the Refunded Bonds Redemption Date. The Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as Exhibit C, which terms and conditions are hereby approved and incorporated herein by reference. The registrar for the Refunded Bonds is authorized and directed to send a copy of the Notice of Redemption to each registered holder of the Refunded Bonds. 6.09. Rebate Fund. A special fund is hereby established by the City and designated as the “Rebate Fund.” The City shall make information regarding the Bonds and investments hereunder available to the Borrower, shall make deposits and disbursements from the Rebate Fund in accordance with the requirements of Section 148 of the Code, shall invest the Rebate Fund pursuant to the requirements of the tax compliance certificates of the City and the Borrower, and shall deposit income from such investments immediately upon receipt thereof in the Rebate Fund. City council meeting of May 16, 2022 (Item No. 8a) Page 24 Title: Sale of bonds, Louisiana court 6.10. Fee Payments. By Section 2.3 of the Loan Agreement, the Borrower has covenanted to pay directly to the City when due Fee Payments in an amount sufficient to pay the costs and expenses of the City. Such Fee Payments shall not be treated or considered as pledge to any Fund for any purpose of this Resolution and the City may on its own behalf enforce such covenant against the Borrower. 6.11. Investments. (a) Subject to the provisions of any law then in effect to the contrary, the City shall invest all Trust Money on hand from time to time in Qualified Investments. Money credited to any Fund maintained hereunder pending disbursement or receipt of proper investment directions or as directed herein, shall be deposited to and held in an interest bearing time or demand deposit account, certificates of deposit, bankers acceptances, daily money market account or other similar banking arrangement established with a commercial bank, without the pledge of Bonds to or other collateralization of such deposit accounts. Each Qualified Investment and each other investment acquired by the City shall mature or be redeemable at the option of the holder no later than five (5) years after the date of investment. (b) The City shall, without further direction from the Borrower, sell such Qualified Investments as and when required to make any payment for the purpose for which such investments are held. Each investment shall be credited to the fund for which it is held, after payment of any unpaid City’s fees, subject to any other provision of this Resolution directing some other credit, but income on such Qualified Investments shall be held or transferred, as received, in accordance with this Section 6. The City shall furnish the Borrower, not less than semiannually, an accounting of all investments. 6.12. General Obligation Pledge; Debt Service Coverage. The Bonds are general obligations of the City secured by a pledge of the full faith and credit of the City and a pledge of the taxing power of the City. Principal of, and premium, if any, and interest on the Bonds are also payable from the revenues derived from the Loan Agreement (reduced to the extent the Bonds are actually paid out of proceeds of the Bonds and money or investments in the Funds). It is determined that the estimated collection of the payments under the Loan Agreement will produce at least five percent (5%) in excess of the amount needed to meet when due, the principal and interest payments on the Bonds, and therefore no tax levy is needed at this time. 6.13. Pledge of Loan Payments. The City has, for the benefit of the Holders of the Bonds, pledged and granted to the Holders a security interest in the City’s interest in the Loan Repayments to be made under the Loan Agreement. 6.14. Registration of Resolution. The City Clerk is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County, Minnesota and to obtain the certificate required by Section 475.63 of the Act. City council meeting of May 16, 2022 (Item No. 8a) Page 25 Title: Sale of bonds, Louisiana court Section 7. Authentication of Transcript. 7.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Original Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits, and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 7.02. Certification as to Official Statement. The Mayor, the City Manager, and the Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 7.03. Other Certificates. The Mayor, the City Manager, and the Finance Director are hereby authorized and directed to furnish to the Original Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor, the City Manager, and the Finance Director shall also execute and deliver to the Original Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 7.04. Electronic Signatures. The electronic signature of the Mayor, the City Manager, the Finance Director, and/or the City Clerk to this Resolution, any document, and any certificate authorized to be executed hereunder shall be as valid as an original signature of such party and shall be effective to bind the City thereto. For purposes hereof, (i) “electronic signature” means a manually signed original signature that is then transmitted by electronic means; and (ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a portable document format (“pdf”) or other replicating image attached to an electronic mail or internet message. 7.05. Payment of Costs of Issuance. The City authorizes the Original Purchaser to forward the amount of Bond proceeds allocable to the payment of Costs of Issuance, if any, in accordance with the closing memorandum to be prepared and distributed by Ehlers and Associates, Inc., the municipal advisor to the City, on the Date of Issue. Section 8. Tax Covenant. 8.01. Tax-Exempt Bonds. The City covenants and agrees with the Holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees, or agents any action which would cause the interest on the Bonds to become subject to taxation under the Code and the Treasury Regulations promulgated thereunder, in effect at the time of City council meeting of May 16, 2022 (Item No. 8a) Page 26 Title: Sale of bonds, Louisiana court such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 8.02. The City will comply with all requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 8.03. Exempt Facility Bonds. The Bonds are “private activity bonds” within the meaning of Section 141(a) of the Code, but are “exempt facility bonds,” the net proceeds of which are to be used to provide a “qualified residential rental project” within the meaning of Sections 142(a)(7) and 142(d) of the Code. 8.04. Not Qualified Tax-Exempt Obligations. The Bonds are not designated as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code. 8.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 9. Book-Entry System; Limited Obligation of City. 9.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the Maturities set forth in this Resolution. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for DTC. Except as provided in this section, all of the Outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 9.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar, and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds; (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption; or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar, and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such City council meeting of May 16, 2022 (Item No. 8a) Page 27 Title: Sale of bonds, Louisiana court Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 9.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket City Letter of Representations (the “Representation Letter”) which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 9.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 9.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. Section 10. Continuing Disclosure. 10.01. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the Date of Issue and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. City council meeting of May 16, 2022 (Item No. 8a) Page 28 Title: Sale of bonds, Louisiana court 10.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 11. Defeasance. 11.01. Payment of Indebtedness; Satisfaction and Discharge of the Bonds. The covenants of the City in this Resolution shall cease to be of further effect (except as to rights of transfer or exchange of Bonds herein expressly provided for), and the Bonds shall be deemed to be satisfied and discharged, when: (a) either: (i) all Bonds theretofore authenticated and delivered (other than (1) Bonds which have been destroyed, lost or stolen and which have been replaced as provided in Section 4.03(h) hereof; and (2) Bonds for whose payment money has theretofore been deposited in trust or segregated and held in trust by the City and thereafter repaid to the City or discharged from such trust) have been cancelled; or (ii) all such Bonds not theretofore cancelled have been defeased in accordance with Section 11.02 hereof; and (b) the City has paid or caused to be paid all other sums payable hereunder by the City; and (c) the City has received an Opinion of Counsel stating that all conditions precedent herein provided for relating to the satisfaction and discharge of the Bonds have been complied with. Section 11.02. Defeasance of Bonds. Bonds shall be defeased and shall no longer be deemed Outstanding (except as to rights of transfer or exchange of Bonds herein expressly provided for and except for the administrative provisions of this Resolution) when: (a) Defeasance Obligations, the principal of, premium, if any, and interest on which when due will, without reinvestment, provide cash at times and in amounts which together with the cash, if any, deposited with the City at the same time as the Defeasance Obligations are delivered to the City, shall be sufficient to pay the full amount of principal, premium, if any, and interest which will become due and payable with respect to such Bonds, on and before their Stated Maturity or on and before a specified Redemption Date, as the case may be, and if any of such Bonds are to be redeemed arrangements have been made for giving notice of such redemption at the expense of the Borrower in the manner provided by Section 4.03(i) hereof; and City council meeting of May 16, 2022 (Item No. 8a) Page 29 Title: Sale of bonds, Louisiana court (b) an opinion of Bond Counsel to the effect that the deposit described in subsection (a) above will not adversely affect the exemption from federal income taxation of interest on any Bond; and (c) if any Bonds are defeased more than ninety (90) days before their Stated Maturity or Redemption Date, a report of an Independent Accountant verifying the mathematical sufficiency of the proceeds of the Defeasance Obligations and any cash delivered to the City as described in subsection (a) above, to pay the entire amount of principal, premium, if any, and interest on the Bonds to be defeased on and before their Stated Maturity or Redemption Date, as the case may be; and (d) an Opinion of Counsel to the effect that all conditions precedent provided for herein relating to the defeasance of such Bonds have been complied with. Section 11.03. Application of Deposited Money. All money, obligations and income thereon deposited with the City pursuant to Section 11.02 hereof shall constitute a special trust fund for the benefit of the Persons entitled thereto, and shall be applied by the City to the payment (either directly or through a Paying Agent), to the Persons entitled thereto, of the principal, premium, if any, and interest for payment of which such money or obligation were deposited with the City. All money, obligations, and income thereon deposited with the City pursuant to Section 11.02 hereof for the purpose of paying the principal, premium, if any, and interest on the Bonds shall be applied by the City solely for such purpose. If the City is unable to apply any funds held in escrow pending payment of any Bonds in accordance with this Section 11 by reason of any legal proceeding or by reason of any order or judgment of any court or governmental authority enjoining, restraining, or otherwise prohibiting such application, the City’s obligations under this Resolution and the Bonds shall be revived and reinstated as though no deposit had occurred until such time as the City is permitted to apply all such money to the payment of Bonds in accordance with this Section 11; provided, however, that if the City has made any payment of principal of, premium, if any, or interest on any Bonds because of the reinstatement of its obligations, the City shall be subrogated to the rights of the Holders of such Bonds to receive such payments from the securities held by the City. Section 11.04. Final Disposition of Money. Upon the satisfaction and discharge of the Bonds and the satisfaction of any and all other claims against the City and the Borrower pursuant to the terms of this Resolution, any money remaining in any fund or account created under this Resolution and not required for the payment of any Bond shall be transferred: (i) first, to the general fund of the City (or other fund designated by the City) to the extent of any funds deposited in any fund or account established under this Resolution and not previously reimbursed from any other fund or account hereunder; and (ii) second, to the Borrower. Section 12. Amendment of Documents. 12.01. Amendment to Loan Agreement, Mortgage, and Collateral Documents Without Consent of Bondholders. Without the consent of the Holders of any Bonds, the City, at any time and from time to time, may agree to one or more amendments or supplements to the City council meeting of May 16, 2022 (Item No. 8a) Page 30 Title: Sale of bonds, Louisiana court Loan Agreement, the Mortgage or any Collateral Document, in form satisfactory to the City, for any purpose. 12.02. Supplemental Resolutions Without Consent of Bondholders. Without the consent of the Holders of any Bonds, the City, at any time and from time to time, may adopt one or more resolutions supplemental hereto for any purpose except to change the Stated Maturity of the principal of, or any Interest Payment Date of, any Bond, or reduce the principal amount thereof or the interest thereon or any premium payable upon the redemption thereof, or change the coin or currency in which any Bond or the premium or interest thereon is payable, or impair the right to institute suit for the enforcement of any such payment on or after the Stated Maturity thereof (or, in the case of redemption, on or after the Redemption Date). 12.03. Effect of Supplemental Resolutions. Upon the execution of any Supplemental Resolution under this Section 12, this Resolution shall be modified in accordance therewith, and such Supplemental Resolution shall form a part of this Resolution for all purposes and every Holder of Bonds theretofore or thereafter authenticated and delivered hereunder shall be bound thereby. Reviewed for Administration: Adopted by the City Council May 16, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk City council meeting of May 16, 2022 (Item No. 8a) Page 31 Title: Sale of bonds, Louisiana court Exhibit A Proposals City council meeting of May 16, 2022 (Item No. 8a) Page 32 Title: Sale of bonds, Louisiana court Exhibit B Form of bond NOTICE: Unless this certificate is presented by an authorized representative of The Depository Trust Company to the City or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL so long as the registered owner hereof, Cede & Co., has an interest herein. United States of America State of Minnesota County of Hennepin City of St. Louis Park General Obligation Refunding Bond (Louisiana Court Project) Series 2022A No. R-____ $_____________ Rate Maturity Date of Original Issue CUSIP February 1, 20__ June 21, 2022 Registered Holder: Cede & Co. For value received, the City of St. Louis Park, Minnesota, a home rule city and political subdivision organized and existing under its Charter and the Constitution and laws of the State of Minnesota (the “City”), hereby promises to pay to the registered holder named above, or registered assigns, upon surrender hereof at the principal office of Bond Trust Services Corporation, Roseville, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, from the source and in the manner hereinafter provided, on the Maturity City council meeting of May 16, 2022 (Item No. 8a) Page 33 Title: Sale of bonds, Louisiana court Date specified above, the principal amount specified above and to pay interest thereon from the Date of Original Issue specified above, or from the most recent date to which interest has been paid or duly provided for, payable on February 1 and August 1 in each year, commencing February 1, 2023, from the source and in the manner hereinafter provided, until such principal amount is paid or duly provided for at the rate per annum specified above (calculated on the basis of a 360 day year of twelve 30 day months), and at the same rate (to the extent that the payment of such interest shall be legally enforceable) on any overdue installment of interest, all except as the provisions below with respect to redemption of this Bond may become applicable hereto. Payment of the principal of, premium, if any, and interest on this Bond shall be made in any coin or currency of the United States of America which at the time of payment is legal tender for payment of public and private debts. Interest so payable, and punctually paid or duly provided for, on any Interest Payment Date, will be paid by check or draft to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month immediately preceding such Interest Payment Date (the “Record Date”). Upon notice to the City delivered not less than fifteen days before an Interest Payment Date, accompanied by proper wire transfer instructions and payment of any fees imposed by the City, any Holder as of the relevant Record Date may elect to be paid the interest on such Bonds payable on the Interest Payment Date by Federal Reserve System wire transfer in immediately available funds to any bank in the United States specified by such Holder which is a member of the Federal Reserve System. Any such interest not so punctually paid or duly provided for shall be paid by check or draft to the person in whose name this Bond is registered at the close of business on a special record date fixed by the City. Capitalized terms used herein that are otherwise not defined shall have the meanings provided in the Resolution or the Loan Agreement (hereinafter defined). The City may elect on February 1, 2031, and on any day thereafter to prepay Bonds due on or after February 1, 2032. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of a duly authorized issue of Bonds of the City in the aggregate principal amount of $1,345,000 designated as “General Obligation Refunding Bonds (Louisiana Court Project), Series 2022A” (the “Bonds”), issued under and secured by a resolution adopted by the City Council of the City on May 16, 2022 (the “Resolution”). Reference is hereby made to the Resolution and all resolutions supplemental thereto, for a description of the nature and extent City council meeting of May 16, 2022 (Item No. 8a) Page 34 Title: Sale of bonds, Louisiana court of the security, the respective rights thereunder of the Holders of the Bonds and the City and the terms upon which the Bonds are issued and are to be authenticated and delivered. The Bonds are issued for the purpose of making a loan (the “Loan”) of the proceeds thereof to PPL Louisiana Court Limited Partnership, a Minnesota limited partnership (the “Borrower”), under a Loan Agreement, dated as of June 1, 2022 (the “Loan Agreement”), between the City and the Borrower, to prepay the Borrower’s obligations under the Loan Agreement, dated as of December 1, 2010, between the City and Borrower, and redeem the outstanding principal amount of the City’s General Obligation Bonds (Louisiana Court Project), Series 2010C, issued in the original aggregate principal amount of $1,770,000, the proceeds of which refinanced a portion of the costs of the acquisition and renovation of a multifamily housing development (the “Facility”). By the Loan Agreement, the Borrower has agreed to repay the Loan, together with interest thereon, in amounts and at times sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same shall become due and payable. By an Amended and Restated Combination Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing, dated as of June 1, 2022 (the “Mortgage”), between the Borrower and the City, the Borrower will grant to the City a mortgage lien on the real property comprising the Facility and a security interest in the tangible personal property located therein (the “Mortgaged Property”). Reference is hereby made to the Loan Agreement and the Mortgage for a description of the agreements and covenants contained therein and a description of the Mortgaged Property. The City has, for the benefit of the Holders of the Bonds, pledged and granted to the Holders a security interest in the City’s interest in the Loan Repayments to be made under the Loan Agreement. The Bonds are issued pursuant to and in full compliance with the Charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 474A and 475, as amended, including Section 475.67, subdivision 3, and Sections 469.001 through 469.047, 469.192, and 471.59, all as amended, and pursuant to the Resolution. The Bonds are issued in conformity with the provisions, restrictions, and limitations of the Charter of the City and certain applicable provisions of Minnesota Statutes. The Bonds are general obligations of the City and the taxing power of the City is pledged to the payment of the Bonds and the interest thereon. Principal of, premium, if any, and interest on the Bonds are also payable out of the revenues derived from the Loan Agreement (other than to the extent payable out of proceeds of the Bonds, amounts in the Reserve Fund and other funds established under the Resolution, the net proceeds of insurance claims or condemnation awards or the disposition of the Mortgaged Property). The State of Minnesota and the County of Hennepin shall not in any event be liable for the payment of the principal of, premium, if any, or interest on the Bonds or for the performance of any pledge, obligation or agreement of any kind whatsoever that may be undertaken by the City. Neither the Bonds nor any of the agreements or obligations of the City relating thereto shall be construed to constitute an indebtedness of the State of Minnesota or the County of Hennepin within the meaning of any constitutional or statutory provisions whatsoever, nor constitute or give rise to a pecuniary liability or be a charge against the general credit or taxing powers of the State of Minnesota or the County of Hennepin. City council meeting of May 16, 2022 (Item No. 8a) Page 35 Title: Sale of bonds, Louisiana court The Bonds are not designated as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code. As provided in the Resolution and subject to certain limitations therein set forth, this Bond is transferable on the Bond Register upon surrender of this Bond for transfer to the Registrar duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Registrar duly executed by, the Holder hereof or the Holder’s attorney duly authorized in writing, and thereupon one or more new Bonds of the same series, of authorized denominations, for the same aggregate principal amount and of the same Stated Maturity and interest rate will be issued to the designated transferee or transferees. The City and the Registrar may treat the person in whose name this Bond is registered as the absolute owner hereof for all purposes whether or not this Bond is overdue, and neither the City, nor any such agent, shall be affected by notice to the contrary. It is hereby certified and recited that all conditions, acts and things required to exist, happen and be performed precedent to or in the issuance of this Bond and the issue of which it is a part, do exist, have happened and have been performed in regular and due form as required by law. Unless the certificate of authentication hereon has been executed by the authenticating agent by manual signature, this Bond shall not be entitled to any benefit under the Resolution or be valid or obligatory for any purpose. IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: June 21, 2022 City of St. Louis Park, Minnesota (Facsimile) (Facsimile) Mayor City Manager _________________________________ City council meeting of May 16, 2022 (Item No. 8a) Page 36 Title: Sale of bonds, Louisiana court Certificate of Authentication This is one of the Bonds delivered pursuant to the Resolution mentioned within. Bond Trust Services Corporation By Authorized Representative _________________________________ Abbreviations The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common UNIF GIFT MIN ACT _________ Custodian _________ (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors Act, State of _______________ JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. ________________________________________ Assignment For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. City council meeting of May 16, 2022 (Item No. 8a) Page 37 Title: Sale of bonds, Louisiana court Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee _________________________________ Provisions as to Registration The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13-2555119 City council meeting of May 16, 2022 (Item No. 8a) Page 38 Title: Sale of bonds, Louisiana court Exhibit C Notice of call for redemption $1,770,000 City of St. Louis Park, Minnesota General Obligation Bonds (Louisiana Court Project) Series 2010C Notice is hereby given that, by order of the City Council of the City of St. Louis Park, Hennepin County, Minnesota, there have been called for redemption and prepayment on June 21, 2022 all outstanding bonds of the City designated as General Obligation Bonds (Louisiana Court Project) Series 2010C, dated December 29, 2010, having stated maturity dates of February 1 in the years 2023 through 2040, both inclusive, totaling $1,345,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP 2023 $50,000 791740 XT5 2024 50,000 791740 XU2 2025 55,000 791740 XV0 2026 55,000 791740 XW8 2027 60,000 791740 XX6 2028 60,000 791740 XY4 2029 65,000 791740 XZ1 2030 65,000 791740 YA5 2031 70,000 791740 YB3 2032 75,000 791740 YC1 2033 75,000 791740 YD9 2034 80,000 791740 YE7 2035 85,000 791740 YF4 2036 90,000 791740 YG2 2037 95,000 791740 YH0 2038 100,000 791740 YJ6 2039 105,000 791740 YK3 2040 110,000 791740 YL1 The bonds are being called at a price of par plus accrued interest to June 21, 2022, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of Bond Trust Services Corporation, 3060 Centre Pointe Drive, Roseville, Minnesota 55113, on or before June 21, 2022. City council meeting of May 16, 2022 (Item No. 8a) Page 39 Title: Sale of bonds, Louisiana court Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2003, the paying agent is required to withhold a specified percentage of the principal amount of the redemption price payable to the holder of any Bonds subject to redemption and prepayment on the redemption date, unless the paying agent is provided with the Social Security Number or Federal Employer Identification Number of the holder, properly certified. Submission of a fully executed Request for Taxpayer Identification Number and Certification, Form W-9, will satisfy the requirements of this paragraph. Dated: ________________, 2022. By order of the City Council of the City of St. Louis Park, Minnesota By /s/ Melissa Kennedy City Clerk City of St. Louis Park, Minnesota SA140-138 (JAE) 791129v3 Meeting: Special study session Meeting date: May 16, 2022 Discussion item: 1 Executive summary Title: 2023 Budget: Long range financial plan, debt, fund balances, ARPA Recommended action: No formal action required. This report is to assist with the study session discussion about the preliminary Budget and Levy. Staff is preparing a presentation that goes through the information in this report. We will discuss the levy components and how ARPA funding could be utilized. Policy consideration: 1. What level of ARPA funding does the council want to dedicate to planned operations and/or transformational capital improvements? 2. Should staff continue to plan for three levies for the 2023 budget: general, HRA and EDA? Summary: The City has a comprehensive long range financial plan to assist with financial planning. We will look at that plan and discuss the three different levy components. Operations levy, debt levy, and capital/special revenue levies are our three main areas. A high-level overview of what drives those levies will be discussed, as well as where many of the funds sit in regard to cash balances as of 12/31/21. The American recovery plan act monies will be woven into some projections in differing dollar amounts. We will explain the HRA and EDA levies and how they are being used in 2022. Financial or budget considerations: Details regarding the levy will be discussed at the work session. Strategic priority consideration: All areas of the adopted strategic priorities are impacted by the city’s budget and financial health. Supporting documents: Discussion Prepared by: Melanie Schmitt, finance director Reviewed by: Cindy Walsh, deputy city manager/operations director Approved by: Kim Keller, city manager Special study session meeting of May 16, 2022 (Item No. 1) Page 2 Title: Preliminary Levy/Budget Discussion Discussion Background: This is the first look at our long-range financial plan estimates since last year and begins our 2023 budget planning. We will lay out current information regarding our future finances, including the city’s levies. Note, as updated information becomes available, projected numbers will be continually revised. 2023 Budget Timelines June Study session: 2023 budget assumptions July Study session: Preliminary 2023 budget including general fund, capital, enterprise funds and ARPA allocation August Study session: Preliminary 2023 levies and refined preliminary budget September Council action: Approve 2023 preliminary tax levies October Council action: Approval of 2023 fees including utility rates November Study session: Final 2023 budget, tax levies, capital, enterprise funds, ARPA December Council action: Truth in taxation hearing. Final passage of 2023 levy, budget, capital improvement plan. Long Range Financial Plan We keep a 10-year estimate of projected levies based on the adopted capital plan and an inflation rate for the bulk of revenue and expense. Below is an overview of our long-range financial estimates if services remain stable and adopted capital improvement plan (CIP) projects continue. 2021 2022 2023 2024 2025 GENERAL LEVIES Final Final Proposed Projected Projected General Fund 29,601,811 30,532,470 31,931,215 33,074,243 34,253,930 Total other levies 2,322,700 2,585,240 2,940,264 3,179,290 3,338,453 TOTAL GENERAL LEVIES 31,924,511 33,117,710 34,871,479 36,253,533 37,592,383 TOTAL DEBT LEVY 4,410,814 5,248,040 6,360,186 7,453,257 8,747,765 TOTAL LEVY 36,335,325 38,365,750 41,231,665 43,706,790 46,340,148 Increase in Net Levy 4.500% 5.588% 7.470% 6.003% 6.025% As you can see above, our initial estimate for the 2023 levy is an increase of 7.47%. There are three main parts to our levy: general fund, capital funds, and debt. General fund: The general fund houses most departments in the City. The general fund also is the largest fund we have. Special study session meeting of May 16, 2022 (Item No. 1) Page 3 Title: Preliminary Levy/Budget Discussion The general fund’s total budgeted revenue in 2022 was $44,312,567. The revenue sources are as follows: As you can see in the chart above, property taxes are by far our largest revenue contributor. The next highest is licensing and permitting fees at $4.7 million. While property taxes are a very dependable funding source, permitting fees are not as stable since they fluctuate depending on the amount of development occurring. Charges for services, including our recreation programs and facilities are at $3.8 million. This is followed by transfers in at $2.1 million as the next highest revenue sources for the city. Transfers in refer to our enterprise funds within the city to help support the general fund. Transfers in also cover overhead costs for employees working in water and sewer. The general fund’s total budgeted expense for 2022 is also $44,312,567. The expense for the general fund is broken into the following categories: Property taxes, 30,532,470 Licenses & Permits, 4,750,604 Intergovernmental Revenue, 1,688,839 Charges for Services, 3,838,467 Fines and Forfeits, 231,000 Interest Income, 200,000 Miscellaneous, 872,710 Transfers In , 2,198,477 Revenue Personnel Services, 34,250,126 Supplies, 1,906,105 Non-Capital Equipment, 123,920 Services and Other charges, 7,645,316 Misc/Other, 387,100 Special study session meeting of May 16, 2022 (Item No. 1) Page 4 Title: Preliminary Levy/Budget Discussion Our largest expense in the general fund is personnel services which is budgeted for $34.2 million in 2022. The next closest expense is our services and charges at $7.2 million. Services and charges category includes expense such as legal fees, insurance, and utilities. You can see our primary general fund expense is for staffing. The city has an adopted general fund policy, which is one of the factors in our control that influences our AAA bond rating. Important context for this discussion includes the following excerpts from the policy: 1. The city will maintain an unassigned General fund balance of not less than 40-50% of subsequent year’s budgeted expenditures with a target of 45%; however, this need could fluctuate with each year’s budget objectives. 2. Annual proposed General fund budgets shall include this benchmark policy. Council shall review the amounts in fund balance in conjunction with the annual budget approval and make adjustments as necessary to meet expected cash-flow needs. 3. In the event the unassigned General fund balance will be calculated to be less than the minimum requirement at the completion of any fiscal year, the city shall plan to adjust budget resources in the subsequent fiscal years to bring the fund balance into compliance with this policy. 4. The City Council may consider appropriating (for authorized purposes) year-end fund balance in excess of the policy level or increasing the minimum fund balance. An example of preferred use of excess fund balance would be for one-time expenditures, such as: 1. to fund one-time capital items 2. to fund a one-time (non-recurring) expenditure or grant match opportunity 3. to provide catch-up funding or long-term obligations not previously recognized 4. to fund a one-time unplanned revenue shortfall 5. to fund an unplanned expenditure due to an emergency or disaster 6. to retire existing debt 7. to fund policy shifts by other governmental entities having a negative impact on the city 5. Appropriation from the minimum fund balance shall require the approval of the City Council and shall be used only for non-recurring expenditures, unforeseen emergencies or immediate capital needs that cannot be accommodated through current year savings. Replenishment recommendations will accompany the decision to utilize fund balance. The general fund balance estimate, as of December 31, 2021, is $23.5 million. While 45% of the 2022 budget equals $19.9 million, some of the remaining balance is unavailable due to legal encumbrance for prepaids, inventories and forfeitures. We anticipate having around $2.8 million for council to assign to fund balance in 2022. Capital Funds: The City has many smaller capital funds. Many have funding sources other than levy to support them. The funds we have levied for the last several years are: Special study session meeting of May 16, 2022 (Item No. 1) Page 5 Title: Preliminary Levy/Budget Discussion • Park Improvement Fund: This fund is used to pay for capital projects in our parks system. Some of the more common projects are playground equipment, trails, and major renovations of park facilities. Examples would be redoing the bathrooms at the pool or new locker rooms at the ice arena. The recommended fund balance for the park improvement fund is 3 to 6 months expense. That averages out to around $400,000. Due to supply chain and contractor issues, many 2021 projects were not able to be completed, leaving the fund balance on December 31, 2021 at $2.3 million. Once the projects are on track, the fund balance will return to the recommended level. • Capital Replacement Fund: This fund includes items ranging from: computers, servers and software maintenance agreements, to major building repairs, upgrades and energy efficiency efforts, to city fleet and equipment. It is recommended we have the equivalent of $1 million in cash balance across all of our capital funds. This is equivalent to 20% of expenditures for the year. As of December 31, 2021, the overall fund balance was at $2.4 million. This fund is also running into supply chain issues. Most equipment we order is taking over a year for delivery, which is why the balance is so healthy. In 2022, $1,575,240 was levied for capital replacement projects. Special Revenue Fund: There is only one special revenue fund we have levied for in our general levy the last several years. It is the employee benefit fund and we have levied $150,000 in 2022 and for many years before. This fund covers flex leave payouts for departing employees, continuing education, and houses our PERA liabilities. We do not have a fund balance policy in place for this fund due to the accounting nature of the PERA liability. We watch the cash balance in this fund each year to ensure it does not go negative. Debt Service: The debt levies are determined by how much debt we take out each year. Debt is used for projects we don’t have enough cash to pay for. The most recent debt issued has primarily been for connect the park projects. Other projects that used debt include Westwood Hills Nature Center and Fire station #2. We are currently paying debt with levy on nine debt issues. The amount levied for each debt issue depends on the total amount of debt, length of time, and interest rate. We levied $5,248,040 for debt in 2022. 2022 debt obligations Amount repaid in 2022 2019B-fire station refunding 600,366 2014A-Connect the Park 475,000 2016A-Rec Center 1,231,322 2017A-Connect the Park 413,739 2018A-Connect the Park 254,835 2019 Nature Center 398,719 2019 Connect the Park 664,335 2020 GO Bonds-Connect the Park 856,958 2021 GO Bonds-Connect the Park 352,766 Our bond documents dictate that we must have 105% of the next year’s debt service available to make our debt payments. We are also required to transfer any excess debt proceeds into the Special study session meeting of May 16, 2022 (Item No. 1) Page 6 Title: Preliminary Levy/Budget Discussion 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 10,000,000 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 tax levy in millions tax levy in millions bond funds when a project is complete. To project the amount of debt for the future, we use the capital plans and assumed interest rates for the payments. Below is our projected debt levy over the next several years along with the main project driving the debt. Note: there are smaller Connect the Park projects every year; they are just not the highest cost, and so are not listed. 2020 2021 2022 2023 2024 2025 2027 2028 2029 2030 Connect the Park Dakota Bridge Connect the Park Louisiana Bridge Cedar Lake Road Louisiana Ave Connect the Park Bridge at Meadowbrook and Minnehaha Creek Oxford / Edgewood/ Cambridge Lake & Wooddale Special study session meeting of May 16, 2022 (Item No. 1) Page 7 Title: Preliminary Levy/Budget Discussion Two of the larger projects we will need debt for are the 2023 Cedar Lake Road, and the 2024 Louisiana Avenue projects. We are currently applying for federal money to mitigate the impact of the projects. We could also allocate a portion of our ARPA monies to pay for a portion of one or both projects. To not take out more debt would require one of two options: 1. Cancel or delay all future street projects not on our pavement management schedule: One option is to delay projects until we can capture levy capacity as our debt falls off. Below is a look at our total debt issues. If we stop issuing debt, in 2026 we will no longer have to levy for the 2014A bond issue. This frees up $550,000 of capacity and could levy an additional $550,000 in 2026 without increasing the levy. In 2027, the levy for the 2016A debt falls off in the amount of $1,231,322. This means in 2027 we would be able to levy $1,781,322 without increasing our levy. DEBT LEVIES PAID OFF 2026 2027 2028 2029 2030 2014A-Connect the Park 550,000 550,000 550,000 550,000 550,000 2016A-Rec Center (ROC) 1,231,322 1,231,322 1,231,322 1,231,322 2017A-Connect the Park 413,346 413,346 413,346 2018A-Connect the Park 254,153 254,153 2019 Connect the Park 665,123 TOTAL LEVY CAPACITY AVAILABLE 550,000 1,781,322 2,194,668 2,448,821 3,113,944 2. Find a new funding source: A second option is to identify an additional funding source for the city. As noted earlier, staff are actively pursuing federal dollars to offset project costs. In the past, the city has discussed a local option sales tax to alleviate levy pressure. We could also bring forward discussion for an enterprise that would be profitable. For example, other cities have elected to open municipal liquor stores. Finally, ARPA dollars can be used to offset the cost of these transformative capital projects. American Recovery Plan Act (ARPA): The final piece we must talk about with our long-range financial projections is our funding from the federal government for covid relief. St. Louis Park qualified for $5.2 million in relief funds for the second phase of the federal government’s covid relief funding. ARPA monies could be used to pay for projects and expense in 2023 and future years to reduce pressure on the general levy. So as to not create a fiscal cliff, staff would recommend feathering in ARPA dollars over a series of years, should the council decide to pursue this approach. Below is a table showing how ARPA funds could impact our 2023 and future levies. Special study session meeting of May 16, 2022 (Item No. 1) Page 8 Title: Preliminary Levy/Budget Discussion ARPA used for expense (total over 4 years) Projected Levy Increase, by year 2023 2024 2025 2026 2027 (first year without ARPA) $0 7.47% 6.01% 6.03% 4.35% 3.88% $1,000,000 6.56% 6.05% 6.19% 5.03% 3.88% $2,460,000 6.01% 5.74% 5.89% 5.31% 4.75% $4,100,000 5.51% 5.50% 5.13% 5.33% 5.33% $5,000,000 5.12% 5.39% 5.25% 5.60% 6.21% While accurate, the table above is meant to be an illustrative example. A couple of important notes about the table: 1) It assumes current service and debt levels. 2) The amount of ARPA dollars feathered in each year can shift as needed to best smooth out the levy curve. HRA and EDA Levies: Communities put levies specific to housing redevelopment and economic development in place as a signal of their value to the council and residents. Monies levied in this way are secured for these purposes unless expressly authorized by the council. This differs from the general levy, where city administration has the authority to reallocate funds as needed to respond to current and emerging needs. • HRA Levy: For many years we have levied for housing costs with the use of an HRA levy. The HRA levy has been set at the maximum allowed amount each year of .0185% of estimated market value. The 2022 levy was $1,517,799. Of this levy, we budgeted $397,133 for salaries in the housing rehabilitation fund. The balance of $1,120,666 was put into the affordable housing trust fund for future projects. • EDA Levy: For 2022, the council approved an EDA levy in the amount of $500,000. This levy was put in our development fund. The development fund has a loss each year due to not having a consistent funding source. In 2021, preliminary numbers look like around a $660,000 loss. The $500,000 is being used for salaries in the development fund. This allows a transfer to our climate investment fund. In 2022 we are transferring $300,000 to climate investment from the development fund. Next Steps: June Study session: 2023 budget assumptions July Study session: Preliminary 2023 budget including general fund, capital, enterprise funds and ARPA allocation August Study session: Preliminary 2023 levies and refined preliminary budget September Council action: Approve 2023 preliminary tax levies October Council action: Approval of 2023 fees including utility rates November Study session: Final 2023 budget, tax levies, capital, enterprise funds, ARPA December Council action: Truth in taxation hearing. Final passage of 2023 levy, budget, capital improvement plan.