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HomeMy WebLinkAbout2022/09/19 - ADMIN - Agenda Packets - City Council - RegularAGENDA SEPT. 19, 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 the meeting in person, watch by webstream at bit.ly/watchslpcouncil, or watch on local cable (Comcast SD channel 17/HD channel 859). 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. Recordings are available to watch on the city’s YouTube channel at https://www.youtube.com/user/slpcable, usually within 24 hours of the end of the council meeting or study session. 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 - None 4.Approval of EDA minutes a.EDA meeting minutes of Sept. 6, 2022 5.Unfinished business – None 6.New business a.Adopt EDA Resolution authorizing the 2023 preliminary HRA levy. b.Adopt the 2023 Preliminary EDA levy by the City Council. 7.Communications – None 6:30 p.m. CITY COUNCIL MEETING – council chambers 1.Call to order a.Pledge of allegiance b.Roll call 2.Presentations a.Retirement recognition for Housing Manager/Deputy CD Director Michele Schnitker 3.Approval of minutes a.Special study session minutes of June 20, 2022 b.Special city council meeting minutes of July 11, 2022 c.Study session minutes of July 11, 2022 d.City council meeting minutes of July 18, 2022 e.Special study session minutes of July 18, 2022 f.City council meeting minutes of August 1, 2022 4.Approval of agenda and items on consent calendar a.Adopt Resolution authorizing two-way stop signs on Brownlow Avenue at First Street. Meeting of Sept. 19, 2022 City council agenda b. Adopt Resolution authorizing two-way yield signs on 28th Street at Webster Avenue. c. Adopt Resolution rescinding Resolution 19-114, removing permit parking at 3224 Xenwood Avenue. d. Adopt Resolution authorizing installation of permit parking restrictions in front of 4815 W 42 ½ Street. e. Adopt Resolution authorizing installation of permit parking restrictions in front of 3277 Library Lane. f. Adopt Resolution authorizing installation of permit parking restrictions in front of 4105 Utica Avenue. g. Adopt Resolution rescinding Resolution 01-055, removing permit parking at 3962 Xenwood Avenue. h. Authorize execution of a contract amendment to a professional services contract with Bolton & Menk, Inc. in the amount of $365,924 for the 36th Street and Wooddale Avenue Improvements – Project 4022-6000. i. Adopt Resolution to recognize Michele Schnitker for her 23 years of service. j. Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 2828 Kentucky Avenue South, St. Louis Park, Minnesota. P.I.D. 08-117-21-43-0088. k. Approve an agreement between the city and T-Mobile Central LLC for communication antennas and related equipment to be placed on the city’s water tower at 5100 Park Glen Road. l. Adopt Resolution delegating authority to make electronic fund transfers to the finance director and designation authorized staff as credit card officers. m. Adopt Resolution electing not to waive the statutory tort limits for liability insurance. n. Approve the purchase of a replacement for the 2008 Sterling L8500 Dump Truck. o. Adopt Resolution approving a fiscal year 2023 grant awarded to the St. Louis Park police department to fund a full-time DWI/Traffic Safety police officer. p. Accept park and recreation advisory commission minutes of May 18, 2022. q. Accept park and recreation advisory commission minutes of June 15, 2022. 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 a. Adopt Resolution approving 2023 preliminary property tax levy and setting the budget public hearing date for December 5, 2022. b. Adopt Resolution authorizing the 2023 preliminary HRA levy. c. Adopt Resolution authorizing the 2023 preliminary EDA levy. 9. Communications – None **NOTE: The consent calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a councilmember or a member of the public, that item may be moved to an appropriate section of the regular agenda for discussion. St. Louis Park Economic Development Authority and regular city council meetings are carried live on civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for video on demand replays. 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 952.924.2505. Meeting: Economic development authority Meeting date: September 19, 2022 Minutes: 4a Unofficial minutes EDA meeting St. Louis Park, Minnesota Sept. 6, 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, Lynette Dumalag, Larry Kraft, Nadia Mohamed Commissioners absent: Sue Budd, Jake Spano Staff present: City Manager (Ms. Keller), Finance Director (Ms. Schmitt), Communications and Technology Director (Ms. Smith) 2. Approval of agenda It was moved by Commissioner Dumalag, seconded by Commissioner Brausen, to approve the EDA agenda as presented. The motion passed 5-0 (Commissioners Budd and Spano absent). 3. Approval of agenda and items on EDA consent calendar 3a. Accept for filing EDA disbursement claims for the period of July 23 – Aug. 26, 2022. 3b. Adopt EDA Resolution No. 22-38 approving a $200,000 loan from the EDA’s Revolving Loan Fund to Pie in the Sky Properties LLC, which owns the building out of which Honey & Rye Bakehouse operates enabling it to grow and expand. Commissioner Brausen stated the length of the loan is consistent with EDA policy. He would like to review this policy in the future and supports this proposal. It was moved by Commissioner Kraft, seconded by Commissioner Dumalag, to approve the agenda and consent calendar as presented. The motion passed 5-0 (Commissioners Budd and Spano absent). 4. Approval of EDA minutes 4a. EDA meeting minutes of June 6, 2022 Economic development authority meeting of September 19, 2022 (Item No. 4a) Page 2 Title: EDA meeting minutes of September 6, 2022 Commissioner Kraft noted on page two, in comments related to the revised green policy, it should read… “Commissioner Kraft noted that staff report indicated this, and the developer asked for more TIF to do these things…” He also noted on page five it should read, “Commissioner Kraft added that these are excellent projects and are affordable housing investments with TIF and these amounts should be brought in when budget discussions are taking place with council.” 4b. EDA meeting minutes of June 20, 2022 4c. EDA meeting minutes of July 18, 2022 4d. EDA meeting minutes of Aug. 1, 2022 4f. EDA meeting minutes of Aug. 15, 2022 It was moved by Commissioner Brausen, seconded by Commissioner Dumalag , to approve the EDA minutes of June 6, 2022, as amended, as well as the EDA minutes of June 20, 2022; July 18, 2022; Aug. 1, 2022; and Aug. 15, 2022, as presented. The motion passed 5-0 (Commissioners Budd and 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: September 19, 2022 Action agenda item: 6a Executive summary Title: 2023 preliminary HRA levy certification Recommended action: Motion to adopt EDA Resolution authorizing the 2023 Preliminary HRA Levy. Policy consideration: Does the EDA desire to approve as a preliminary levy the full 0.0185% of estimated market value allowable for HRA purposes of $1,582,696? Summary: The HRA levy was originally implemented in St. Louis Park in 2001. The city council elected at that time to use the levy proceeds for future infrastructure improvements in redevelopment areas. Since then, the council has directed staff to use pooled tax increment for future infrastructure improvements. The HRA levy, which is a much more flexible funding source than tax increment, has been used for a variety of programming including first time homebuyer programs, energy programs for low-income households, move-up programs, and single and multi-family rehab loans and grants. We are not able to use tax increment for these programs. Given the tax increment limitation and council’s desire for housing activities, staff recommends the HRA Levy continue at the maximum allowed by law for the 2023 budget year. Both the EDA and City Council must approve the HRA preliminary levy. The HRA Levy cannot exceed 0.0185% of the estimated market value of the city. Therefore, staff has calculated the maximum HRA Levy for 2023 to be $1,582,696 based on valuation data from Hennepin County which is an increase of $64,897 from 2022. The final levy can be lower but not higher than the preliminary levy. All special taxing districts levies must be certified to the county auditor by September 30th. Financial or budget considerations: The proposed preliminary HRA levy is $1,582,696 for 2023. Strategic priority consideration: All areas of the adopted strategic priorities are impacted by the city’s budget. • St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. • St. Louis Park is committed to continue to lead in environmental stewardship. • St. Louis Park is committed to providing a broad range of housing and neighborhood- oriented development. • St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. • St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: EDA Resolution Prepared by: Melanie Schmitt, finance director Approved by: Kim Keller, city manager Economic development authority meeting of September 19, 2022 (Item No. 6a) Page 2 Title: 2023 preliminary HRA levy certification EDA Resolution No. 22-___ Authorizing the preliminary HRA levy for 2023 Whereas, pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the “EDA Act”), the City Council of the City of St. Louis Park created the St. Louis Park Economic Development Authority (the "Authority"); and Whereas, pursuant to the EDA Act, the city council granted to the Authority all of the powers and duties of a housing and redevelopment authority under the provisions of the Minnesota Statutes, sections 469.001 to 469.047 (the "HRA Act"); and Whereas, Section 469.033, subdivision 6 of the Act authorizes the Authority to levy a tax upon all taxable property within the city to be expended for the purposes authorized by the HRA Act; and Whereas, such levy may be in an amount not to exceed 0.0185 percent of estimated market value of the city; and Whereas, the Authority has filed its budget for the special benefit levy in accordance with the budget procedures of the city in the amount of $1,582,696; and Whereas, based upon such budgets the Authority will levy all or such portion of the authorized levy as it deems necessary and proper; Now therefore be it resolved by the St. Louis Park Economic Development Authority: 1. That approval is hereby given for the Authority to levy, for taxes payable in 2023, such tax upon the taxable property of the city as the Authority may determine, subject to the limitations contained in the HRA Act. Reviewed for administration: Adopted by the Economic Development Authority, September 19, 2022 Karen Barton, executive director Margaret Rog, president Attest: Melissa Kennedy, secretary Meeting: Economic development authority Meeting date: September 19, 2022 Action agenda item: 6b Executive summary Title: 2023 preliminary EDA Levy certification Recommended action: Motion to recommend adoption of the 2023 Preliminary EDA levy by the City Council. Policy consideration: Does the EDA desire to approve as a preliminary levy 0.00586% of estimated market value allowable for EDA purposes (or $500,000)? Summary: An EDA levy in the amount of $500,000 or approximately .00586% of estimated market value is being proposed for 2023. The EDA Levy cannot exceed 0.01813% of the estimated market value of the City. The EDA levy is being proposed to fund for salaries in the development fund. The final levy can be lower but not higher than the preliminary levy. The development fund preliminary budget for 2023 is as follows: •Revenue $ 4,672,846 •Expense $ 5,391,673 Much of the revenue being budgeted in 2023 $3 million) is for anticipated property sales of Wooddale station site. This may not sell in 2023 leaving a deficit in the development fund, which is not uncommon. Expenses include $1.5 million in potential property acquisition costs in 2023, also with no guarantee this money will be spent. Salaries make up around $750,000 each year. We pay for salaries out of the development fund for staff working on developments or programs within the fund, per government accounting best practices. Staff recommend the EDA approve a motion to recommend an EDA levy and then forward this recommendation to the city council. Council action is required before certification. All special taxing districts levies must be certified to the county auditor by September 30th. Financial or budget considerations: The proposed levy is $500,000 for taxes payable 2023. Strategic priority consideration: All areas of the adopted strategic priorities are impacted by the city’s budget. •St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. •St. Louis Park is committed to continue to lead in environmental stewardship. •St. Louis Park is committed to providing a broad range of housing and neighborhood- oriented development. •St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. •St. Louis Park is committed to creating opportunities to build social capital through community engagement. Prepared by: Melanie Schmitt, finance director Approved by: Kim Keller, city manager Meeting: City council Meeting date: September 19, 2022 Presentation: 2a Executive summary Title: Retirement recognition for Housing Manager/Deputy CD Director Michele Schnitker Recommended action: Read resolution and present plaque to Michele for her years of service to the City of St. Louis Park. Policy consideration: None at this time. Summary: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the mayor, city manager and city council. Michele will be in attendance for the presentation at the beginning of the meeting. The mayor is asked to read the resolution for Michele in recognition of her years of service to the city. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Ali Timpone, HR director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 2a) Page 2 Title: Retirement recognition for Housing Manager/Deputy CD Director Michele Schnitker Resolution No. 22-___ Resolution of the City Council of the City of St. Louis Park, Minnesota recognizing the contributions and expressing appreciation to Housing Manager/Deputy CD Director Michele Schnitker Whereas, Michele Schnitker began her employment with the City of St. Louis Park over 23 years ago on June 21, 1999; and Whereas, Michele has demonstrated exceptional leadership in advancing affordable housing and is highly regarded for her extensive knowledge and skill as it relates to the creation and preservation of affordable housing; and Whereas, Michele has provided wisdom and guidance to staff, co-workers, peers, community members and council members and has inspired and motivated others to create change, perform at their highest level and seek to make the world a better place; and Whereas, Michele is so well-respected among her peers and other cities she was recognized with the Minnesota NAHRO 2021 Allan Anderson Award of Merit for her outstanding achievements in excellence and leadership in housing, exemplifying the dedication and leadership needed to serve the community and its people in providing affordable housing and community-development activities; and Whereas, Michele is responsible the creation of the city’s inclusionary housing policy which is directly attributable to the creation of over 800 new affordable housing units, for the creation of the Kids in the Park program that provides housing stability for families with children in St. Louis Park schools, for the creation of tenant protections that ensure tenants are treated fairly, and for successfully increasing the number of housing assistance vouchers the housing authority administers to provide deeply affordable housing to families with the greatest need; and Whereas, under Michele’s leadership, the St. Louis Park Housing Authority has consistently achieved high-performer status in both the public housing and housing choice voucher programs; and Whereas, Michele will enjoy retirement spending time with her family at her cabin in northern Minnesota, golfing and traveling the globe; Now therefore be it resolved that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Michele Schnitker for her great contributions and over 23 years of dedicated service to the City of St. Louis Park and wish her the best in her retirement. City council meeting of September 19, 2022 (Item No. 2a) Page 3 Title: Retirement recognition for Housing Manager/Deputy CD Director Michele Schnitker Reviewed for Administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: September 19, 2022 Minutes: 3a Unofficial minutes City council special study session St. Louis Park, Minnesota June 20, 2022 The meeting convened at 5:15 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), Engineering Director (Ms. Heiser), Public Works Director (Mr. Hanson) Guests: None. 1. Mitigating impact of watermain breaks Ms. Keller stated 44 claims related to the watermain breaks have been submitted. She explained residents must submit their invoices and estimates for payments to be made, noting the city is on track for rollout of the funding program. Ms. Heiser presented the staff report. She explained that lining improvements will be made to sanitary sewer pipes creating a seamless, jointless pipe along with lining manholes. She noted this work will be going out for bid soon. Councilmember Kraft asked which manholes will be lined. Ms. Heiser stated the seven manholes between Texas Avenue and Quebec Avenue that are directly adjacent to the watermain. Councilmember Kraft asked if this is the same procedure used for routine maintenance for sanitary sewer. Ms. Heiser stated yes and explained repairs used to line pipes. Councilmember Dumalag asked when the last time was this area had treatment. Ms. Heiser stated pipes are only lined when there are cracks or if water is entering the pipe. She noted that one section of pipe was lined after the first break, part of the annual lining contract. Councilmember Dumalag stated Creekside is scheduled for this mitigation soon and asked if that would stay on schedule. Ms. Heiser stated there will be no changes to the schedule. The additional mitigation is going to be added to the contract this year with funding coming from the sanitary sewer fund. Councilmember Budd stated she noticed how low that area is and asked if it is the lowest area in the city. Ms. Heiser stated it is low, but she is not certain it is the lowest. She noted there is a location in the Browndale neighborhood that is one of the lowest in the city. Lift stations are installed in lower areas to get sanitary waste out. City council meeting of September 19, 2022 (Item No. 3a) Page 2 Title: Special study session minutes of June 20, 2022 Mayor Spano asked what the process would be if this was done to all sanitary sewer pipes in the city or if all were at least assessed. Ms. Heiser explained mitigation may need to be done in other areas, so a city-wide assessment to compare flows, pressure and pipes is being discussed as well as advanced leak detection. Councilmember Rog asked if the leak detection system is within the water towers. Mr. Hanson stated yes, there is an automated leak detection system in the towers. He noted an annual leak detection study is also performed. Councilmember Rog asked about the automated system and if it is worth looking into this further. Mr. Hanson stated the alarm would go off even if no leaks are detected, so in the case of both watermain breaks, the trigger worked, and pumped more water into the system. Councilmember Kraft asked if the alarm sounds when the water tower reaches a certain level. Mr. Hanson stated they have not been able to look at rate of drop and have only looked at levels. Councilmember Dumalag asked how the study procedure works. Mr. Hanson stated the study listens at the fire hydrants for leakages. He added annual leak detection study is performed in the spring throughout the city and any repairs needed are completed by the fall before the ground freezes. Councilmember Rog asked if there are potentially other means to looking for leaks. Ms. Heiser stated yes, staff is meeting with other vendors to look at additional technology, which is more accurate in finding leaks as well as looking at pipe wall thickness. Councilmember Rog asked about looking at alternative terms to manholes such as access points or maintenance holes or sanitary sewer cover. Councilmember Budd stated the water level was so high in the first break it was difficult to find the leaks and asked how this can be mitigated. Mr. Hanson stated that the water needs go somewhere and because the access point was punctured, water found its way to the surface. He stated because there was no direct visibility, there was no way to find the leak. Mayor Spano thanked staff for the recommendations and beginning this process. He stated preventing water main breaks in the first place is where the city needs to get to, and the options presented look positive. He encouraged staff to continue to explore mitigation strategies and continue looking for new technologies to detect issues. Ms. Heiser stated staff recommends diverting funds from the 2023 pavement management program to complete a city-wide assessment of our sanitary sewer and water system to identify potential areas in the city where mitigation should be considered. She went on to explain that the study could also review our water system to assist with identifying additional capital investment. Staff also recommends paying for the study using the $485,000 identified for the construction of new sidewalks and installation of traffic management improvements. The recommendation is intended to be responsive to the moment, build confidence, and to be City council meeting of September 19, 2022 (Item No. 3a) Page 3 Title: Special study session minutes of June 20, 2022 fiscally responsible. Ms. Heiser stated they are recommending that the project focus on replacing existing infrastructure, including watermain, streets, existing sidewalks, and sewer. Councilmember Budd asked about the construction of new sidewalks at NOAH properties. Ms. Heiser stated currently there are some NOAH sidewalk connections at Oak Park Village Drive and on Rhode Island Drive. She added there is also some new Connect the Park sidewalks on Quebec, Maryland and Georgia that were included in the project. Councilmember Kraft stated he is all for being fiscally responsible and finding the money to do this work from within the budget. He stated in looking where watermain and sanitary sewer are close, would this assessment be looking at those areas. Ms. Heiser stated watermain and sanitary sewer are usually 10 feet apart across the city, so this study would look at modeling and topography. Councilmember Kraft asked what the cost would be to line all access points and pipes throughout the city. Ms. Heiser stated she does not know that figure, but the idea of the study is to prioritize and work through those, adding the price will add up at $30 per foot. Mr. Hanson stated it would take a very long time to do all access points, so it would be best to prioritize based on modeling. Councilmember Kraft stated he appreciates staff’s work. He noted the city does not yet know what caused the watermain break and he is concerned about rushing to fix something when the exact cause of the problem remains unknown. He asked why staff is so confident in doing the city-wide assessment instead of something else. Ms. Heiser stated all watermain pipe has a life expectancy. She said the city-wide assessment will look at this and other things and ask how the city can be smarter and replace these pipes before it is needed. Mr. Hanson stated prior to 10 years ago, the city was much less proactive on replacing watermains, but this has changed, and this is now looked at when evaluating the road and the infrastructure under the road, on a regular basis. He added doing the study will help the council decide where to spend funds and look at capital planning. Councilmember Kraft asked if the study is just modeling or is it analyzing other things also. Ms. Heiser stated the modeling is the first component. She stated this is an idea with more details to come as staff develops an RFP. Councilmember Kraft stated he would like to have staff do the RFP but wants to be sure they look at things that might not have been thought of yet. He asked if staff has any concerns the pipe evaluation might come back too late to be incorporated into the RFP. Ms. Heiser stated the evaluation is separate from this assessment and developing the RFP. This will not come to council until September or October for further review. Mr. Hanson added a consultant has been hired to help develop the pipe evaluation RFP, so objectives are being met. City council meeting of September 19, 2022 (Item No. 3a) Page 4 Title: Special study session minutes of June 20, 2022 Councilmember Dumalag asked if this assessment prioritizes the CIP. Ms. Heiser stated yes, this will look at priorities and help inform utility rates which are based on annual costs of replacements and operation of maintenance. Councilmember Rog asked if the evaluation process that residents are involved in will help to form the RFP in some degree. Ms. Heiser stated she is optimistic the timing will work out to do the assessment, adding the contract can always be amended. Councilmember Rog stated it is unfortunate that spending needs to be prioritized and to see funding come out of the walkability funds. She asked how that will be communicated if this were to be done. Ms. Heiser stated staff have not started the public process yet but plans to send information to affected residents. Councilmember Rog stated she would like to look at the ARPA funds instead and then be able to continue with pavement management projects using funding appropriated for that project. Ms. Keller stated given that timeline, it is doubtful the dollar amounts for the ARPA funds will be known before the study has begun. Councilmember Kraft stated the approach is violating the plans of the comprehensive plan and the prioritization of walkability and biking. He asked if this is the only way to find funding by removing the sidewalk and living streets part of the plan. He added maybe a reduction of the number of streets repaired could be looked at versus de-prioritizing sidewalks. Councilmember Budd stated she has concerns about the stability of neighborhoods right now and possibly delaying sidewalks would be appropriate given the issues residents are facing in their yards and homes now. Councilmember Rog stated she would like to ask neighbors to gauge how important sidewalks are for them. Councilmember Brausen agreed about getting feedback from neighbors this fall before proceeding with using funds from sidewalk improvements. Councilmember Dumalag stated she is supportive of the proposal and talking with residents about sidewalks. Councilmember Budd stated she is supportive of funding the sidewalks for NOAH properties. Councilmember Brausen agreed. Mayor Spano stated he still has reservations about putting additional infrastructure in when we are still working to assess the infrastructure that is there right now, but he understands adding it depends on the costs and what the neighborhood preferences are. The meeting adjourned at 6:19 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: September 19, 2022 Minutes: 3b Unofficial minutes Special City council meeting St. Louis Park, Minnesota July 11, 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, Larry Kraft Councilmembers absent: Lynette Dumalag, Nadia Mohamed, Margaret Rog Staff present: City Manager (Ms. Keller), Deputy City Manager (Ms. Walsh), Interim Communications and Technology Director (Ms. Smith) 2. Presentations - none 3. Approval of minutes - none 4. Approval of agenda and items on consent calendar 4a. Adopt Resolution No. 22-116 appointing elections workers for the August 9, 2022, state primary election and school district (ISD No. 283) special election It was moved by Councilmember Brausen, seconded by Councilmember Kraft, to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. The motion passed 4-0 (Councilmembers Dumalag, Mohamed, and Rog absent). 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 - none 9. Communications- none 10. Adjournment The meeting adjourned at 6:35 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: September 19, 2022 Minutes: 3c Unofficial minutes City council study session St. Louis Park, Minnesota July 11, 2022 The meeting convened at 6:35 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Larry Kraft Councilmembers absent: Lynette Dumalag, Nadia Mohamed, Margaret Rog Staff present: City Manager (Ms. Keller), Deputy City Manager (Ms. Walsh), Engineering Director (Ms. Heiser), Engineering Project Manager (Mr. Sullivan), Public Works Director (Mr. Hanson), Public Works Operations Manager (Mr. Stevens), Building and Energy Director (Mr. Hoffman). Guests: None. 1. Connected infrastructure system introduction Ms. Heiser presented the staff report. Councilmember Kraft noted he would like to include sidewalk snow removal in the discussion, and revisit costs of cleaning all city sidewalks. He added he is expecting this topic to be discussed alongside all infrastructure system discussions. Mayor Spano agreed the council did not come to consensus on clearing snow from sidewalks and staff was to bring back costs of this work to the council for further discussion. Councilmember Brausen asked about tree canopy and that he feels this should be included in the infrastructure discussion. Councilmember Kraft agreed and stated tree inventory is also a critical discussion related to infrastructure. Councilmember Brausen added he would like to also discuss public versus private trees and a legacy tree ordinance, at some point. Ms. Heiser indicated that it was her understanding that trees would be a part of the environmental stewardship system. Mayor Spano stated he would like to discuss infrastructure as it relates to trees and tree removal. He would like to see how the city balances trees with sidewalks. He also noted he is interested in discussing funding of capital projects and understanding the maintenance costs over time and life cycles to determine long-term policy and costs. He stated there is not a benefit to the city to building infrastructure that is not usable at certain times of the year, such as the issue of not clearing sidewalks. He will want to know the 10–20-year long-term information related to infrastructure. Councilmember Brausen asked about the living streets policy and stated prioritizing bicycling and walking over maintenance of city streets does not recognize that most streets are used for City council meeting of September 19, 2022 (Item No. 3c) Page 2 Title: Study session minutes of July 11, 2022 vehicle traffic. He stated he cares about bicycling, but noting that the city prioritizes bicycling and walking over vehicle traffic is inaccurate and does not reflect the actual usage of the city’s infrastructure, adding it should all be an equal priority. He noted transit is important as well and stated a discussion is needed on this prioritization. Mayor Spano stated he is fine with the policy, but added it is not at any cost, it is about finding the right balance and moving away from prioritizing vehicles, but understanding it does not always work like this, and that in some instances this will be adjusted. Councilmember Budd stated more innovative ways of transportation need to be prioritized. Councilmember Kraft stated he agrees with Councilmember Budd, and added if you are not thinking about walkers, bikes and then vehicles, the city will not get there. He added he would not be in favor of changing this but understands Councilmember Brausen’s point. Councilmember Kraft referenced comments from Councilmember Rog, noting she would like to include curb cuts, streetlights, mini roundabouts, and other safety improvements in future discussions. Ms. Heiser stated the traffic control policy report can be expanded to include a discussion on traffic calming/traffic management, and information on streetlights can be shared. Councilmember Kraft added there is more research on carbon sequestration in cement and stated this might be added into the discussion as well. Councilmember Budd asked what the cost is to get to the pavement condition goal of OCI 70 or higher, noting the city’s average is 61. Ms. Heiser stated she is not certain if the city can get to that goal, but staff can look at it. Councilmember Kraft added if the goal of 70 is not reachable, maybe the goal should be changed. Ms. Walsh noted, however, the city is working toward the goal and making progress. Councilmember Kraft stated it would be helpful to see the pavement condition numbers broken out a bit between commercial, residential, and industrial roads. 2. Sidewalk maintenance Mr. Hanson presented the report. Mayor Spano asked what determines if the sidewalk is a community or a public sidewalk. Ms. Heiser stated the community sidewalk definition is generally on busy streets, quarter mile spacing and directly adjacent to parks, schools, businesses and make major connections to other cities. Mayor Spano stated he agrees with adding the NOAH properties to this sidewalk maintenance program. He asked if the city has looked at high density housing areas, and if these are places where sidewalks should be cleared. Mr. Hanson stated yes, adding this was also looked at related to the NOAH property review and those were added to the list. Mayor Spano thanked staff for their assessments on sidewalks and infrastructure. City council meeting of September 19, 2022 (Item No. 3c) Page 3 Title: Study session minutes of July 11, 2022 Councilmember Kraft asked what sidewalk width is too narrow to clear. Mr. Hanson stated four (4) feet is too narrow, however five (5) feet is also difficult to clear if overgrown. Councilmember Kraft asked how effective snow removal would be on a sidewalk in good condition. Mr. Hanson stated the sidewalk can generally be cleared down to ¼ - ½ inch of snow remaining. He added machines with blowers are not able to be adjusted very well. Mr. Hanson noted if they can get at the snow before it becomes compacted, they can get it much cleaner. Councilmember Kraft thanked staff for their work on this. He stated he is interested in being able to do more snow clearing on sidewalks and hopes that more can be added over time. Mr. Hanson stated that could have a maintenance or staff impact. Councilmember Brausen stated he is supportive of the staff report related to the NOAH properties. He added he is not interested in the additional costs of cleaning all sidewalks within the city. He stated there will always be complaints about sidewalks because of freeze/thaw issues. Councilmember Brausen also noted the costs of upgrading water mains as well as other costs the city will incur. Councilmember Budd stated she is happy staff was able to add NOAH properties to the sidewalk maintenance program. Councilmember Brausen stated that Councilmember Rog suggested diverting funds from alley improvements to do this, but noted he is not interested in diverting those funds. 3. Bollard protected bikeways Mr. Sullivan presented the staff report. Councilmember Brausen stated he would be in favor of adding bollards during the summer, but he is having difficulty with the costs. He is interested in slowing drivers down. Mayor Spano stated if it cost $70,000 per year and a seasonal approach is used, he would be in favor of this. He added he would like to have bikes on roads that are less traveled by vehicles. He liked the approach and staff recommendation. Councilmember Brausen stated he is also in favor of the staff recommendation. Councilmember Kraft noted using the same staff for clearing snow from sidewalks to install bollards in the summer might be a way to save on costs. He stated he is also supportive, and a seasonal approach makes sense. He stated he is interested in seeing a map of all the bike routes that are separated in some fashion, adding the more there is a network of separated bike lanes, the more people will use them. Ms. Heiser stated staff can come back with a more detailed report and noted there is an updated area on the website with Connect the Park information. Councilmember Kraft read comments from Councilmember Rog, noting suggestions to delay a portion of the alley improvements to cover the costs if needed. City council meeting of September 19, 2022 (Item No. 3c) Page 4 Title: Study session minutes of July 11, 2022 Mayor Spano stated he is not in favor of diverting funds from the alley projects to cover costs for bollards. He added this conversation about balancing between use and cost effectiveness of bollards is helpful. Councilmember Budd stated she is also supportive of staff’s recommendation. Ms. Heiser stated staff will conduct community engagement as a part of this project because the bollards on Dakota Ave. were not received well and noted staff would bring this back to council for approval. She added that staff would review all buffered bikeway locations and only install seasonal bollards where there is not a parallel separated facility. Mayor Spano indicated that approval to do this work would not have to come back to council prior to implementation and that staff should focus their engagement on informing property owners of the bollard installation. 4. Minnesota state law allowing purchase of food and beverages with hemp-derived THC The council discussed this new state law and its effects on the city. Councilmember Brausen stated he would like to look at a moratorium on this issue to study the impacts to the city and licensing. He asked about prohibiting sales until the city can develop a regulatory policy or framework and examine any unintended consequences. Councilmember Budd asked about regulations for bars within the city, and licensing. Ms. Walsh stated bars have liability with selling liquor. Councilmember Budd asked for more details from staff on regulations. Councilmember Kraft stated the League of Minnesota Cities is working on materials to help cities understand and navigate the new state law. He stated the city’s legislative priorities reflect support for this, and he would be open to a moratorium as well on this issue to take time to get feedback from the League and clarity on the new law. Mayor Spano stated the taxation of this product was looked at by council, adding he is also interested in a moratorium on this for now. He asked staff to look at what other cities have done when legalizing this, the framework or approaches that were used, and information about how taxation might be utilized if this is allowed or prohibited. Mr. Hoffman stated retail establishments could decide to sell this product and it also could technically be served in a restaurant or bar. He added regulation of the sale of the product could be addressed through licensing. Councilmember Brausen stated because this is a food item, it cannot be taxed, so this will need to be looked at also. Mr. Hoffman stated a moratorium could be put together quickly and a timeline could be established by staff. He added staff could also come back to council with information on licensing options. City council meeting of September 19, 2022 (Item No. 3c) Page 5 Title: Study session minutes of July 11, 2022 Mayor Spano stated this does not need to be rushed and could be further discussed at a future study session. Councilmember Brausen stated he has concerns about retail establishments or liquor license holders starting to sell the product before the city adopts a moratorium. Councilmember Budd stated she would support a moratorium sooner rather than later. Councilmember Kraft stated he is open to a moratorium also. He noted understanding the regulatory piece is important. Mr. Hoffman stated he will discuss this with the city attorney and come back to council with more information. Councilmember Brausen stated modeling this after the city’s tobacco regulations would make the most sense. Mayor Spano asked what other states are doing related to serving this at a restaurant or in drinks and added he would like staff to survey restaurants holding a liquor license and retailers on this topic to determine if they are interested in selling this type of product. Mayor Spano noted home-based business sales should also be discussed if that is something that would be allowed under the new law. Communications/meeting check-in (verbal) Mayor Spano stated a mailer went out related to ground water at Highway 100 and County Road 3. He noted water treatment plant #4 was upgraded to address this specific issue related to ground wells. He added the city has been advocating for many years related to this superfund site and funds that could be recovered by the city. The meeting adjourned at 9:05 p.m. Written Reports 5. Proposed purchase agreement for 4300-26th ½ Street Councilmember Brausen referenced the written report and stated he is not comfortable with spending these funds unless he understands the benefit back to the city. He wants to learn more about the land trust before making this investment. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: September 19, 2022 Minutes: 3d Unofficial minutes City council meeting St. Louis Park, Minnesota July 18, 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, Nadia Mohamed, and Margaret Rog Councilmembers absent: Larry Kraft Staff present: City Manager (Ms. Keller), City Attorney (Mr. Mattick), Director of Community Development (Ms. Barton), Zoning Administrator (Mr. Morrison), Senior Planner (Ms. Chamberlain), Deputy City Clerk (Mr. Peterson-Etem) Guests: Mark Laverty, Saturday Properties 2. Presentations 2a. Recognition of donations Mayor Spano recognized the donations from Eric and Christy Redelius Palmer for $300 for a memorial tree in honor of Benjamin Palmer at the Westwood Hills Nature Center, and Louise Yin who donated $25 for park enhancements and program needs at the Westwood Hills Nature Center. 3. Approval of minutes - none 4. Approval of agenda and items on consent calendar 4a. Accept for filing city disbursement claims for the period of May 28 through June 24, 2022. 4b. Designate Bituminous Roadways, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $209,361.00 for the Rec Center Parking Lot project no. 2421-5005. 4c. Adopt Resolution No. 22-100 authorizing installation of permit parking restrictions in front of 2831 Monterey Parkway. 4d. Adopt Resolution No. 22-101 authorizing all-way stop at Shelard Parkway and Nathan Lane. City council meeting of September 19, 2022 (Item No. 3d) Page 2 Title: City council meeting minutes of July 18, 2022 4e. Adopt a Resolution No. 22-102 authorizing the special assessment for the repair of the sewer service line at 2824 Pennsylvania Avenue South, St. Louis Park, MN. P.I.D. 08-117-21-33-0028. 4f. Adopt Resolution confirming council’s ongoing consent for the city manager to make employment decisions for department heads. (This item was removed from the consent calendar and considered as regular agenda item 8a.) 4g. Adopt Resolution No. 22-103 accepting donations for the Westwood Hills Nature Center 4h. Adopt Resolution No. 22-104 approving a Master Partnership Contract with Minnesota Department of Transportation (MnDOT) relating to partnering for services. 4i. Accept Board of Zoning Appeals minutes from January 6, 2021. 4j. Accept Board of Zoning Appeals minutes from June 15, 2022. 4k. Accept planning commission minutes from June 1, 2022. 4l. Accept planning commission minutes from June 15, 2022. 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 item 4f to the regular agenda as item 8e; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Kraft absent). 5. Boards and commissions - none 6. Public hearings 6a. Off-sale intoxicating liquor license – C & D Unlimited Inc. dba Westwood Liquor Mr. Peterson-Etem presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve application from C & D Unlimited Inc. dba Westwood Liquor for an off-sale intoxicating liquor license located at 2304 Louisiana Ave. S. The motion passed 6-0 (Councilmember Kraft absent). 7. Requests, petitions, and communications from the public – none 8. Resolutions, ordinances, motions, and discussion items 8a. Wooddale Station Apartments – Ward 2. Resolution No. 22-105 Ms. Chamberlain presented the staff report. City council meeting of September 19, 2022 (Item No. 3d) Page 3 Title: City council meeting minutes of July 18, 2022 Councilmember Dumalag asked which building is for 55+. Ms. Chamberlain noted it is the west building which will be for 55+, with ground floor retail and five stories of living units. Councilmember Dumalag stated it was after the public input that the addition of 55+ was included. Ms. Chamberlain agreed and noted the need for downsizing housing for seniors who want to stay in the community. Councilmember Dumalag asked how this contrasts with the existing 55+ down the block. Mr. Walther stated this was the developer’s decision to make this shift and staff was not involved in that decision. He added this was also reviewed for parking at the site. Councilmember Dumalag stated she hopes the developer accounts for planting and trees on the site. Councilmember Rog added Towerlight has memory care and assisted living as well. Mr. Walther agreed and noted Elmwood is a senior living development only. Councilmember Rog noted in the staff report there were questions about parking, adding she has concerns on this as well as congestion in this area, from a resident’s perspective. She asked what the main route is where people will travel through the site and where they will park. Ms. Chamberlain pointed out the entrance driveway, adding it is a one way. She pointed out the parking areas for customers, as well as the underground parking area and noted the exit points along Yosemite Avenue. Councilmember Rog asked if all the access to parking is at the entrance at 36th Street. Ms. Chamberlain stated that is correct, noting the intention is for it to be a one-way, and with no entrance from Wooddale Avenue. Councilmember Rog stated the area is sometimes interrupted by freight train traffic, which can back up traffic on both sides. She asked if this was a consideration with the developer. Mr. Walther stated a traffic review and environmental assessment was done in the area as part of the previous Place development, as well as a parking study. He noted they did review this and traffic there would be acceptable. He added the priority at the development is providing pedestrian and bicycle movement at the site, which fits in with the city’s visioning. He noted this is why there was not an additional parking study done in the area, as it was done in depth during the comprehensive planning process. Councilmember Rog stated she feels a bit wistful about the nearly half million dollars in park dedication fees that were waived. She hopes the plaza as a public space will be clearly delineated as public and great effort made to promote its use. She stated there should be prominent signage that it is for public use. She asked if the developers have any information on items from the public engagement process related to programming at the development. City council meeting of September 19, 2022 (Item No. 3d) Page 4 Title: City council meeting minutes of July 18, 2022 Mr. Laverty, Saturday Properties, stated they are still working through all these issues. He noted they did create a public plaza at Nolan Mains in Edina and noted the events that are held there throughout the year. He stated the public wanted flexible space and as many uses as possible, including the use of food truck traffic. Councilmember Rog asked about the market rate rents. Mr. Laverty stated they will start at about $1,500 per month for the studio, and 1 bedroom is about $1,800-1,900 and two bedrooms at $2,000 per month. He noted there will be 19 - 3-bedroom apartments at $3,000 per month. Councilmember Brausen stated he is supportive of the project, adding it is a bit less use than the last development which included a hotel. He noted intensive traffic studies were conducted and added the intention is to have transit and less use of vehicles, so the hope is that residents will walk more and drive less. Councilmember Brausen added he is not concerned about the parking and would like to encourage walking in that area. He noted the traffic plan will work there especially with the use of Yosemite Avenue for exiting from the area. He stated he is concerned about losing trees in the area, but there will be an urban forest close by. Councilmember Budd added she is supportive of the project. She asked if occupancy is still planned for fall of 2024. Mr. Walther stated that would be the earliest depending on how financing comes together. Councilmember Budd asked, because the light rail will be completed by 2027, does the city anticipate another traffic study will be conducted, and what might be the impacts of that. Mr. Walther stated no, this will not happen, and added the developer is providing well above the minimum required for parking in the city. He added most of the traffic in the area is from thru traffic and not generated by the property alone. Councilmember Brausen stated he is happy to see the west building will be 55+ and the fact there will also be affordable units. He added the community has identified there is a lack of affordable senior housing available when downsizing within St. Louis Park. He stated this will fulfill a need for the aging population in the city and that is another reason he is supporting the development. Councilmember Mohamed stated she also supports the development. She likes seeing the affordability but noted there are 19 – 3-bedroom units and of those there are only four that are affordable units at 60% and 50% AMI. She stated along with seniors being a priority for affordability, she is concerned for bigger families especially since this is an area around transit. Overall, though, she is happy to see the affordability. Mayor Spano stated he is supportive as well. He stated he lives in this area and drives in the area a couple times per day. He added when a train is in the area, it can back up traffic and currently it is usually just twice per day – once in morning and once in evening. He stated while he has concerns about traffic in the area with trains, he is not City council meeting of September 19, 2022 (Item No. 3d) Page 5 Title: City council meeting minutes of July 18, 2022 concerned about managing that. He added he is happy to see Saturday properties involved here, with their solid track record, and noted he is pleased to see a mix of market rate and affordable in the same property. He thanked prior councils who saw early the need to purchase property in this area for future projects such as this one. It was moved by Councilmember Dumalag, seconded by Councilmember Mohamed, to adopt Resolution No. 22-105 approving the preliminary and final plat for Wooddale Station Apartments (OlyHi), and to approve the first reading of ordinance adding section 36-268-PUD 24 to the zoning code and amending the zoning map from MX-1 – Vertical Mixed Use to PUD 24 and set the second reading for Aug. 1, 2022. The motion passed 6-0 (Councilmember Kraft absent). 8b. Comprehensive plan and zoning amendment – 7116 Minnetonka Blvd. Resolution No. 22-106 Mr. Morrison presented the staff report. Councilmember Rog asked about the county’s shared access requirements. Mr. Morrison stated at this time there is no timeframe attached to removal of this requirement. He noted both the home and business would have shared access through the alley, while the business would also have access directly onto Louisiana Ave. Councilmember Dumalag asked how customers access the site currently. Mr. Morrison stated it is off both Minnetonka Boulevard and Louisiana Avenue, but mostly Minnetonka Boulevard. Councilmember Rog stated she met this family at their business and noted their history and background in St. Louis Park, which has supported several generations. She stated she applauds the residents, their builder, staff, BOZA, and the council, and she hopes they continue to serve the community for many years to come. Councilmember Budd added she is also supportive of this. It was moved by Councilmember Rog, seconded by Councilmember Mohamed, to adopt Resolution No. 22-106 approving the amendment to the 2040 Comprehensive Plan Future Land Use Plan Map, as well as related figures and tables as recommended by staff and to approve first reading of ordinance amending the zoning map from C-1 neighborhood commercial to R-2 single -family residential and set the second reading for Aug. 1, 2022. The motion passed 6-0 (Councilmember Kraft absent). 8c. Combined preliminary/final plat and conditional use permit – 2220 Florida Ave. S. Resolution No. 22-107 and Resolution No. 22-108 Mr. Morrison presented the staff report. City council meeting of September 19, 2022 (Item No. 3d) Page 6 Title: City council meeting minutes of July 18, 2022 Councilmember Rog asked how these additions get named. Mr. Morrison stated the applicant’s business name is Bellboy and has been in the area for a long time. Councilmember Brausen added the applicant can develop the name of their project. It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to adopt Resolution No. 22-107 approving the preliminary and final plat of Bellboy Addition and Resolution No. 22-108 approving the conditional use permit to allow off-site parking for 2220 Florida Ave. S. at Lot 1, Block 1, Bellboy Addition. The motion passed 6-0 (Councilmember Kraft absent). 8d. Adopt resolution approving for issuance of Taxable General Obligation Housing Improvement Area (HIA) Bond Series 2022B Resolution No. 22-109 Ms. Schmitt presented the staff report. Councilmember Brausen stated there is a cost involved and the city collects a fee for this. Ms. Schmitt agreed stating that is correct. Mayor Spano stated as part of this agreement the HIA is required to submit a plan of ongoing maintenance and upkeep and that was part of the council’s consideration. Councilmember Budd asked about the hardship application process. Ms. Schmitt stated there is a hardship deferral process in place. It was moved by Councilmember Brausen, seconded by Councilmember Budd, to adopt Resolution No. 22-109 approving the issuance of Taxable General Obligation Housing Improvement Area (HIA) Bond Series 2022B. The motion passed 6-0 (Councilmember Kraft absent). 8e. Adopt resolution confirming council’s ongoing consent for the city manager to make employment decisions for department heads Resolution No. 22-110 Mayor Spano stated this item relates to the governance model of the city and how City Manager Keller exercises her authority. Mayor Spano added the city operates using a council-manager form of government, the most common form in the state of Minnesota, where the council provides high level direction, and the city manager is responsible for overseeing the day-to-day operations and the council recognizes that this authority includes all hiring decisions, including department heads. City council meeting of September 19, 2022 (Item No. 3d) Page 7 Title: City council meeting minutes of July 18, 2022 It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to adopt Resolution No. 22-110 confirming council’s ongoing consent for the city manager to make employment decisions for department heads. The motion passed 6-0 (Councilmember Kraft absent). 9. Communications Ms. Keller stated the July 14 catalytic converter event was successful with 70 cars marked and noted the registration process was easier. Ms. Keller added the city is on track for pavement management projects and is already starting public engagement for 2023 on projects involving reconstruction, drainage repairs, sidewalks, and underground utility work. It was noted the penny carnival is Friday, July 22, from 12 – 2 p.m. at the ROC, national night out is Aug. 2, and registration is available on the website. Councilmember Dumalag noted July 28 at 5:30 p.m. there will be an open house at city hall related to a Hennepin County mill and overlay project along France Avenue. She added this involves some on-street parking removal and addition of bike lanes, noting this project effects Minneapolis, St. Louis Park, and Edina. 10. Adjournment The meeting adjourned at 7:50 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: September 19, 2022 Minutes: 3e Unofficial minutes City council special study session St. Louis Park, Minnesota July 18, 2022 The meeting convened at 7:50 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Nadia Mohamed, and Margaret Rog. Councilmembers absent: Larry Kraft Staff present: City Manager (Ms. Keller), Building and Energy Director (Mr. Hoffman), Police Chief Harcey, City Attorney (Mr. Mattick) 1. Options for regulation of food and beverage sales with hemp-derived THC Mr. Hoffman presented the staff report. Councilmember Mohamed stated she has two major concerns with the sale of THC. She noted when this has become legal in other areas, there is a large number of white business owners that make a huge profit and those affected and in prison for selling THC, don’t have access to that business. She does not want to live in a community where this would be allowed, or this inequity is allowed, and wants to make sure everyone has access to sell this. She stated this needs to be addressed. She also asked about taxes from sales on THC and how this would be handled by the city. She would like to address both concerns before developing an ordinance and would want to structure the business license to address these things. Councilmember Rog asked if she is comparing THC and marijuana to crack and cocaine, one being legal and different ramifications. Councilmember Mohamed stated not necessarily, adding that one group uses a specific type of drug, and the other group does not. She stated there are some racial discriminations behind it and when it comes to this type of business, studies show that legalized marijuana benefits those who have not been affected to the extent that BIPOC communities have. She added the majority of dispensaries around the country are not owned by people of color. She stated the city should strive to be equitable with that. Councilmember Brausen clarified the concern is that those who have been convicted of marijuana offenses are then not allowed to get business licenses to sell, and there is disparate impact, with more bipoc communities being affected and arrested. Councilmember Mohamed stated a BIPOC resident may not have the funds to open a facility like this as well, so it is not equitable, and she does not want this to happen related to licensing. City council meeting of September 19, 2022 (Item No. 3e) Page 2 Title: Special study session minutes of July 18, 2022 Chief Harcey stated there is some guidance from the state on alcohol and tobacco, but the state gave no guidance on the sale of this product, so staff would like guidance from the council. He added there would need to be guidance as to disqualification of a license. Ms. Keller stated the regional work group on this issue is convening and this could be discussed there. Councilmember Dumalag added she has heard of reparations being used for licensing fees as well. Mr. Hoffman stated funds to the city would come from annual licensing fees. Councilmember Budd asked if the licensing fees are prohibitive for the small business owners. Mr. Hoffman stated licensing usually goes to established businesses such as gas stations and liquor stores. Councilmember Rog asked what the city is trying to prevent with a moratorium. Mr. Mattick stated the moratorium would freeze activities until rules are in place, but he added the council is not compelled to create rules in this instance. He stated if rules are created, a system will be put in place including background checks, locations, and selling only to those 21 and older. Mr. Mattick stated some feedback he has received is that tobacco and liquor have many regulations, while THC does not at this point. This, along with being sure it is sold in a responsible manner and in a location that is acceptable, are the type of policy questions being looked at in other communities. Mr. Hoffman stated if council agrees to a licensing program, staff will work on this and asked if a moratorium would be needed. Councilmember Brausen stated he brought up the idea of a moratorium last week, but is no longer in favor of it, adding he sees it can be regulated the same as tobacco and liquor. Councilmember Rog agreed. Mayor Spano stated he supports the sale of these products in the community. He noted a moratorium, however, may still be needed in the interim until the licensing process is in place to discuss some of the issue brought forward by Councilmember Mohamed and give council time to explore further. Councilmember Budd stated she likes the idea of business licensing as it is a good regulatory tool. However, it would need to address the issues Councilmember Mohamed raised as well. She stated she would like this issue related to the BIPOC community concerns included in the policy and process. Councilmember Rog agreed. Ms. Keller asked if there would be downstream effects of a moratorium if it were enacted. Mr. Mattick stated a moratorium is not a forever tool, it is for temporary use. City council meeting of September 19, 2022 (Item No. 3e) Page 3 Title: Special study session minutes of July 18, 2022 Councilmember Rog asked if the city works toward a racially conscious licensing process with the target date of September, in the interim what would the enforcement options be with the under 21 group. Chief Harcey stated there is no law prohibiting possession and added he is unclear about criminal violation if selling to someone under 21, noting it is not clear at this point. He stated the city’s licensing process could set up a civil and criminal penalty of sale to those under 21. Mr. Mattick stated it could be noted as a misdemeanor, and beyond that a civil lawsuit. Councilmember Rog asked about pre-packaged foods that could have THC inside and who regulates those food items. Mr. Hoffman stated that would be the Department of Agriculture. He stated it is an edible food and beverage at this point and could be sold as a pre-packaged food item. Councilmember Rog asked if there is a legal level of THC, for example for driving. Chief Harcey stated there is no level and it could be subjectively decided, as there is no legal number. Councilmember Mohamed asked if additional items could be added after the license process was implemented. Mr. Hoffman stated if council would like to develop a business license there would be drafts and an adoption process, but it could also be amended later. Councilmember Mohamed stated she would be in favor of having parameters and wants to discuss the police background check. Chief Harcey stated he would send that information. Councilmember Mohamed stated she would want to discuss this further. Mr. Mattick stated he has a moratorium template available if council decides to pursue this, and it could be adopted at the next council meeting. Councilmember Rog asked how land use would be part of the moratorium. Mr. Mattick stated communities are looking at doing a moratorium on many issues such as the business license, or land-use, or as a store to incorporate into their sales. Councilmember Dumalag asked about land use and noted there could be a large business that applies for a license, causing increased competition for a smaller business, if the land-use were not used. Mr. Mattick stated that the city does need to account for this, and this could be done with the licensing process. Councilmember Rog asked why staff recommended not doing the moratorium. Mr. Hoffman stated that staff felt a THC licensing program would be easy to implement since business licensing exists already. He added time spent on the moratorium might be better spent on putting the licensing program in place. Councilmember Brausen stated he now is opposed to the moratorium. Mayor Spano stated he still supports the moratorium. City council meeting of September 19, 2022 (Item No. 3e) Page 4 Title: Special study session minutes of July 18, 2022 Councilmember Mohamed stated she is saying yes to the licensing and wants to address the inequities as well as continued review of the licenses to be sure it is meeting city criteria. Councilmember Dumalag stated yes to business licenses and no to a moratorium. Councilmember Budd agreed. Councilmember Rog supports the business licensing as well. Mr. Hoffman stated staff will be back in September with a draft ordinance to implement a licensing program. Councilmember Mohamed stated she would also like to review what funds from the licensing should be used for. Mayor Spano stated he has concerns about the licensing being the same as what is in place for other issues, and this is a different item. He also asked what options are available around fund raising from the licensing fees. Mr. Mattick stated sale of THC cannot be taxed and the fees need to be used to administer the licensing, so without tax or additional fees on the licensing, he does not know where the additional funds will come from. Deputy Chief Kruelle also noted an educational component or program that can be included in the licensing process and fees may be able to be included here. Deputy Chief Kruelle stated police concerns are around supply issues, bad batches, selling to minors, and overdoses as potential problems. He stated police would want to understand these issues also. Chief Harcey stated police need to understand the potential dangers and how to regulate that and demand responsible sales locally. The meeting adjourned at 9:00 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: September 19, 2022 Minutes: 3f Unofficial minutes City council meeting St. Louis Park, Minnesota Aug. 1, 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. Mattick), Finance Director (Ms. Schmitt), Recreation Supervisor (Ms. Abernathy) Guests: Rebecca Peterson, Redpath & Co. 2. Presentations 2a. Recognition of junior leaders Lisa Abernathy presented the report. Mayor Spano congratulated each junior leader and presented them with a certificate of recognition. Councilmember Brausen noted his grandchildren enjoyed the program last year and he thanked the junior playground leaders for their supervision at the playgrounds. 3. Approval of minutes – none 4. Approval of agenda and items on consent calendar 4a. Accept for filing city disbursement claims for the period of June 25 through July 22, 2022. 4b. Motion to approve second reading and adopt Ordinance No. 2654-22 amending the zoning map from C-1 neighborhood commercial to R-2 single-family residence and approve the summary ordinance for publication (requires five votes). 4c. Adopt Resolution No. 22-111 to authorize execution of the development agreement between the city and the Bridgewalk Condominium Homeowners’ City council meeting of September 19, 2022 (Item No. 3f) Page 2 Title: City council meeting minutes of August 1, 2022 Association for the housing improvements within the established Bridgewalk Housing Improvement Area (HIA). 4d. Wooddale Station Apartments – Ward 2 • Motion to approve second reading and adopt Ordinance No. 2655-22 adding section 36-268-PUD 24 to the zoning code and amending the zoning map from MX-1 – Vertical Mixed Use to PUD 24. 4e. Adopt Resolution No. 22-112 authorizing parking restrictions on the south side of 16th Street. 4f. Adopt Resolution No. 22-113 approving fund closure and budget amendment. 4g. Adopt Resolution No. 22-114 authorizing the use of Affordable Housing Incentive Funds (AHIF) in St. Louis Park. 4h. Adopt Resolution No. 22-115 rescinding Resolution 16-072, removing permit parking restrictions at 2725 Georgia Avenue. It was moved by Councilmember Brausen, seconded by Councilmember Kraft, to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. The motion passed 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 8a. Approve the annual financial report for the year ended December 31, 2021. Ms. Schmitt noted that Ms. Peterson, Redpath & Co., would present the audit report. Ms. Peterson reported there was a clean opinion of the city’s financial statements for 2021. She added in 2020 the city received the Certificate of Achievement for Excellence in Financial Reporting for the 38th year, and the 2021 results would be submitted for this award again. Mayor Spano asked for clarification on several points related to governmental and business activities. Ms. Peterson noted the general funds are related to governmental activities and rely on tax dollars for support. She added both sides had a $4 million increase and net pension liabilities had a swing from last year which is impacting the city, noting this is similar to what she sees across the metro area. Mayor Spano asked for clarification on the adjustments noted in the report. Ms. Peterson stated last year there were expenses associated with the bridge project that were expensed in the city’s financial statements. This year they noted this should have City council meeting of September 19, 2022 (Item No. 3f) Page 3 Title: City council meeting minutes of August 1, 2022 been on the balance sheet and this was a correction, but there are no changes to the dollar amounts the city has. Councilmember Kraft asked which direction the swing was this year on pensions. Ms. Peterson stated the net pension on liabilities was a significant swing. She pointed out footnote 7 which shows how the net pension decreased significantly this year, noting the police and fire pension plans. Councilmember Kraft asked if the city is covered on this. Ms. Schmitt stated if that net pension liability comes due, the city will have bigger problems because that would point to the collapse of the state government. Ms. Peterson stated this is the state plan’s liability, and the city is required to claim their share here. Councilmember Kraft asked about an issue from last year that was caught. He stated he hopes that was taken care of this year. Ms. Peterson stated Redpath did some staff rotation, and now have three layers of review on the audit, as well as a quality review process, to be certain there were no issues this year. Councilmember Budd noted the graph on page 41 which showed program revenues substantially higher than program expenses. She asked if this is indicative of an adjustment. Ms. Peterson stated generally it is best practice to have your operating revenues exceed your operating expenditures because there are significant capital needs within those funds of water and sewer, so it is best to have the funds available. Ms. Peterson also pointed out these fund amounts are city guidelines versus benchmarks. Ms. Schmitt added this is where the numbers will be plugged in to look at 10 years out for capital projects and look at the rate structure to cover costs. Councilmember Kraft stated this is a very positive report, presenting a AAA bond rating, and strong balance sheet. He thanked and complimented the city’s finance team on their work. Councilmember Brausen also thanked Redpath for their work on the city’s audit report, as well as the finance staff for their work. Mayor Spano also thanked staff and pointed out how well they collaborate with the auditors, adding he appreciates this. It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to approve the annual financial report of the year ended Dec. 31, 2021. The motion passed 7-0. 9. Communications City council meeting of September 19, 2022 (Item No. 3f) Page 4 Title: City council meeting minutes of August 1, 2022 Ms. Keller stated the water main break program deadline has been met today, Aug. 1, and all materials including applications are now online. She noted 20 claims are now closed out and those affected can access the city’s program now. Ms. Keller stated also that National Night Out is Tues., Aug. 2, from 6 – 9 p.m. She noted there is a map on the city website for meeting locations. Mayor Spano thanked all those involved in this event, noting it is a great way for residents to get to know each other. Councilmember Dumalag stated the groundbreaking for Rise on 7 is Wednesday morning, Aug. 3, and noting that Commonbond will be onsite. Councilmember Rog noted that Ward 3 has the most National Night Out events, while Ward 1 has the second most scheduled. She added St. Louis Park Summer Reading Festival, hosted by community ed as well as other partners will be held Aug. 8-13 at various parks and locations throughout the city. Councilmember Rog noted the community ed website has more information. Councilmember Brausen stated he is invited to four National Night Out events and he will try to get to all of them. Mayor Spano congratulated the St. Louis Park baseball program, which is doing very well. He noted the high school team went to state this year, which is the first time in many years. He also congratulated the 10-year-old team for being state champions this year and the 12-year-old team who won the state championship last year. 10. Adjournment The meeting adjourned at 7:00 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4a Executive summary Title: Traffic study 760 – Installation of two-way stop controls on Brownlow Avenue at First Street – Ward 3 Recommended action: Motion to adopt Resolution authorizing two-way stop signs on Brownlow Avenue at First Street. Policy consideration: Installing traffic controls is allowed per the city’s established regulatory authority. Summary: Staff received a request in June 2022 to reduce right of way confusion at Brownlow Avenue and First Street by installing a two-way stop at the intersection. This intersection is currently uncontrolled. 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 to have stop signs installed. A two-way stop sign for the Brownlow Avenue approaches at First Street is warranted based on the right of way confusion at this location. The traffic committee discussed this intersection at the July 2022 meeting and recommended the installation of stop signs for the Brownlow Avenue approaches to the intersection with First Street to complete the basketweave pattern of controls currently installed throughout the neighborhood. A letter was sent to the 166 residents within a 600-foot radius of the intersection to inform them of the traffic control change and request feedback. 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 ten 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 Prepared by: Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 4a) Page 2 Title: Traffic study 760 – Installation of two-way stop controls on Brownlow Avenue at First Street Discussion Background: Staff received a request in June 2022 to reduce right of way confusion at Brownlow Avenue and First Street by installing a two-way stop at the intersection. The current design of the intersection is uncontrolled. The surrounding area roadways are configured with a basketweave stop control pattern. This intersection is the only uncontrolled location within the immediate grid system. Traffic review: 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 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 to have stop signs installed. The intersection of Brownlow Avenue and First Street is a 4-way intersection with no 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: According to collected data, 718 vehicles enter the intersection a day. • Crash records indicate five or more accidents within a three-year period. Result: Crash history showed two reported accidents within the last three years that could have been prevented by the installation of a yield or stop sign. • 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 sight lines were observed to be clear from all approaches, allowing road users the ability to adequately apply the normal right of way rule when stopping or yielding. In this case, none of these criteria were met. However, the traffic committee noted that right of way confusion may have been a contributing factor to the accidents at this location. The rest of the neighborhood has a basketweave pattern of stop signs to help assign the right of way to drivers. However, this intersection is uncontrolled. Having an uncontrolled intersection in a neighborhood where most of the intersections are stop-controlled may create confusion and could be a contributing factor to the previous accidents. The installation of two-way stop controls on Brownlow Avenue will continue the basketweave pattern of stop signs and provide drivers with consistent right of way control in the neighborhood. Community feedback: A letter was sent out to the 166 residents within a 600-foot radius of the intersection. The letter indicated that the two-way stop signs are recommended on the Brownlow Avenue approaches to the intersection with First Street. City council meeting of September 19, 2022 (Item No. 4a) Page 3 Title: Traffic study 760 – Installation of two-way stop controls on Brownlow Avenue at First Street Seven comments were received regarding the proposed additional stop signs. All seven comments were from residents within the notification area, and are in favor of the addition of the stop signs for the Brownlow Avenue approaches at First Street. Schedule: If the installation of the stop signs is approved, the additional signs will be installed in late September 2022. City council meeting of September 19, 2022 (Item No. 4a) Page 4 Title: Traffic study 760 – Installation of two-way stop controls on Brownlow Avenue at First Street Resolution No. 22-____ Authorize two-way stop signs on Brownlow Avenue at First Street Whereas, The City of St. Louis Park received a request to evaluate the intersection of Brownlow Avenue and First Street; and, Whereas, the traffic committee has reviewed the request and recommended the installation of two-way stop signs on the Brownlow Avenue approaches of the intersection with First Street; 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 the Brownlow Avenue approaches of the intersection with First Street. Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk BR O W N L O W A V E BR O W N L O W A V E 1ST ST NW1ST ST NW0 100 20050 Feet TS 760: Brownlow Ave and 1st St NW Proposed stop signs Date: 8/4/2022 City council meeting of September 19, 2022 (Item No. 4a) Title: Traffic study 760 - Installation of two-way stop controls on Brownlow Avenue at First Street - Ward 3 Page 5 Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4b Executive summary Title: Traffic study 761 – Installation of two-way yield controls on 28th Street at Webster Avenue – Ward 1 Recommended action: Motion to adopt Resolution authorizing two-way yield signs on 28th Street at Webster Avenue. Policy consideration: Installing traffic controls is allowed per the city’s established regulatory authority. Summary: Staff received a request in June 2022 to reduce right of way confusion at Webster Avenue and 28th Street by installing two-way yield signage on 28th Street. This intersection is currently uncontrolled. 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 to have stop signs installed. A two-way yield at this location is warranted based on the right of way confusion at this location. The traffic committee discussed this intersection at the August 2022 meeting and recommended the installation of yield signs for eastbound and westbound 28th Street to complete the basketweave control pattern currently installed throughout the neighborhood. A letter was sent to the 154 residents within a 600-foot radius of the intersection to inform them of the traffic control change and request feedback. Financial or budget considerations: The cost of installing these yield signs is estimated to cost $500 and is expected to come from the general operating budget. Similar traffic signs last roughly ten 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 Prepared by: Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 4b) Page 2 Title: Traffic study 761 – Installation of two-way yield controls on 28th Street at Webster Avenue Discussion Background: Staff received a request in June 2022 to reduce right of way confusion at Webster Avenue and 28th Street by installing a two-way yield at the intersection. The current design of the intersection is uncontrolled. The surrounding area roadways are configured with a basketweave control pattern. This intersection is the only uncontrolled location within the immediate grid system. Traffic review: 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 city’s traffic control policy and the Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD) guide the installation of stop and yield signs. The policy sets out warrant criteria that an intersection should meet to have stop or yield signs installed. The intersection of Webster Avenue and 28th Street is a 4-way intersection with no 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 volumes entering the intersection from all approaches average more than 2,000 a day. Result: According to collected data, 557 vehicles enter the intersection a day • Crash records indicate five or more accidents within a three-year period. Result: There were two reported crashes in the past 15 months. In both cases, failure to yield to right of way vehicle was a contributing factor. • 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 sight lines were observed to be clear from all approaches, allowing road users the ability to adequately apply the normal right of way rule when stopping or yielding. In this case, none of these criteria were met. However, the traffic committee noted that the intersections in the neighborhood have a basketweave pattern of traffic control signs to help assign the right of way to drivers. This intersection is uncontrolled. Having an uncontrolled intersection in a neighborhood where most of the intersections are stop controlled, may create confusion and could be a contributing factor to the previous accidents. The Traffic Committee recommended the installation of yield signs on the east and west approach of 28th Street at Webster Avenue. Yield signs were selected instead of stop signs at this location due to the short length of 28th Street between Xenwood Avenue and Vernon Avenue and that the adjacent intersection of 28th Street/ Xenwood Avenue is yield sign controlled. City council meeting of September 19, 2022 (Item No. 4b) Page 3 Title: Traffic study 761 – Installation of two-way yield controls on 28th Street at Webster Avenue Community input: A letter was sent out to the 154 residents within a 600-foot radius of the intersection. The letter indicated that the two-way yield signs are recommended on the 28th Street approaches at Webster Avenue. Two comments were received regarding the proposed yield signs. The comments were from residents within the notification area and are in favor of the addition of the yield signs. Schedule: If the installation of the yield signs is approved, the additional signs will be installed in late September 2022. City council meeting of September 19, 2022 (Item No. 4b) Page 4 Title: Traffic study 761 – Installation of two-way yield controls on 28th Street at Webster Avenue Resolution No. 22-____ Authorize two-way yield signs on 28th Street at Webster Avenue Whereas, The City of St. Louis Park received a request to evaluate the intersection of Webster Avenue and 28th Street; and, Whereas, the traffic committee has reviewed the request and recommended the installation of yield signs on the east bound and west bound approaches of the Webster Avenue and 28th Street intersection; 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 yield signs on the 28th Street approaches of the intersection with Webster Avenue. Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk WEBSTER AVE SWEBSTER AVE S28TH ST W28TH ST W 0 100 20050 Feet TS 761: Webster Avenue at 28th Street Proposed yield signs Date: 8/4/2022 City council meeting of September 19, 2022 (Item No. 4b) Title: Traffic study 761 - Installation of two-way yield controls on 28th Street at Webster Avenue Page 5 Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4c Executive summary Title: Traffic Study 763 – Removal of permit parking at 3224 Xenwood Avenue – Ward 1 Recommended action: Motion to adopt Resolution rescinding Resolution 19-114, removing permit parking at 3224 Xenwood Avenue. Policy consideration: The installation and removal of parking restrictions are allowed per the city’s established regulatory authority. Summary: In July 2022, staff received a request by the owner of 3224 Xenwood Avenue to remove the permit parking adjacent to their property, stating that it is no longer needed at this address. The parking was installed in 2019 under the city’s persons with disabilities permit parking ordinance (Sec. 30-160) through traffic study 711 (attached). Engineering staff reviewed this request and recommended the removal of the permit parking. Financial or budget considerations: The cost to remove these controls is minimal and will come out of the general operating budget. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Resolution Resolution 19-114 – To be rescinded Traffic study 711 – Council report Oct. 7, 2019 Prepared by: Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 4c) Page 2 Title: Traffic Study 763 – Removal of permit parking restrictions at 3224 Xenwood Avenue – Ward 1 Resolution No. 22-____ Removal of permit parking at 3224 Xenwood Avenue Whereas, The City of St. Louis Park received confirmation that the permit parking restrictions at 3224 Xenwood Avenue are no longer needed; and, Whereas, the permit parking was installed under the city’s permit parking for persons with disabilities (Sec. 30-160) through traffic study 711; and, Whereas, engineering staff has reviewed this and recommend the removal of said permit parking at 3224 Xenwood Avenue; and, Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that Resolution 19-114 be rescinded. Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4d Executive summary Title: Traffic Study 764 – Authorize permit parking at 4815 W 42 1/2 Street – Ward 2 Recommended action: Motion to adopt Resolution authorizing installation of permit parking restrictions in front of 4815 W 42 1/2 Street. Policy consideration: This authorization of parking restrictions is allowed per the city’s special parking permit policy (Sec. 30-160). Summary: In July 2022, staff received a request from a resident at 4815 W 42 1/2 Street for a medical needs parking permit. The resident requires curbside access to vehicles adjacent to their property due to mobility concerns. The city’s code (Sec. 30-160) allows for permit parking in these types of situations. It has been the city’s practice to use permit parking, which can be removed when the individual needing access no longer resides there or no longer needs the access. Staff considers the request to be valid and supports the installation of permit parking at 4815 W 42 1/2 Street. This recommendation is based on the following: • A resident of the household has limited mobility and is eligible for a parking permit. • Conflicting parking tendencies with neighbors will be mitigated. Financial or budget considerations: The cost of enacting these controls is approximately $300 and will come out of the general operating budget. Parking signs can last on the street for roughly ten years. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Resolution Map Prepared by: Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 4d) Page 2 Title: Traffic Study 764 – Authorize permit parking at 4815 W 42 1/2 Street Resolution No. 22-____ Resolution authorizing installation of permit parking in front of 4815 W 42 1/2 Street Whereas, the City of St. Louis Park allows for special parking permits for persons with disabilities or medical needs under the city’s code Sec. 30-160; and, Whereas, the City of St. Louis Park received a valid and complete application for permit parking at 4815 W 42 1/2 Street; and, 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 permit parking at 4815 W 42 1/2 Street Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk WOODDALE AVEWOODDALE AVE 42 1/2 ST W42 1/2 ST W OTTAWA AVE SOTTAWA AVE SPRINCETON AVE SPRINCETON AVE SOTTAWA AVE SOTTAWA AVE S4811 4254 4260 4236 4233 4240 4240 4257 4235 4251 4249 4245 4822 48054815 4232 4816 4828 4237 4249 4261 4241 4246 4251 4258 4241 0 100 20050 Feet TS 764: 4815 42 1/2 St W Proposed permit parking City council meeting of September 19, 2022 (Item No. 4d) Title: Traffic study 764 - Authorize permit parking at 4815 W 42 1/2 Street Page 3 Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4e Executive summary Title: Traffic study 765 – Authorize permit parking at 3277 Library Lane – Ward 3 Recommended action: Motion to adopt Resolution authorizing installation of permit parking restrictions in front of 3277 Library Lane. Policy consideration: This authorization of parking restrictions is allowed per the city’s special parking permit policy (Sec. 30-160). Summary: In August 2022, staff received a request from a resident at 3277 Library Lane for a medical needs parking permit. The resident requires curbside access to vehicles adjacent to their property due to mobility concerns. The city’s code (Sec. 30-160) allows for permit parking in these types of situations. It has been the city’s practice to use permit parking, which can be removed when the individual needing access no longer resides there or no longer needs the access. Staff considers the request to be valid and supports the installation of permit parking at 3277 Library Lane. This recommendation is based on the following: • A resident of the household has limited mobility and is eligible for a parking permit. • Conflicting parking tendencies with neighbors will be mitigated. Financial or budget considerations: The cost of enacting these controls is $300 and will come out of the general operating budget. Parking signs can last on the street for roughly 10 years. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Resolution Map Prepared by: Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 4e) Page 2 Title: Traffic study 765 – Authorize permit parking at 3277 Library Lane Resolution No. 22-____ Resolution authorizing installation of permit parking in front of 3277 Library Lane Whereas, the City of St. Louis Park allows for special parking permits for persons with disabilities or medical needs under the city’s code Sec. 30-160; and, Whereas, the City of St. Louis Park received a valid and complete application for permit parking at 3277 Library Lane; and, 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 permit parking at 3277 Library Lane Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk LI B R A R Y L N LI B R A R Y L N 3283 3275 3273 3271 3274 3267 3287 3277 3281 3279 3285 3270 3278 0 50 10025 Feet TS 765 - 3277 Library Lane Proposed permit parking City council meeting of September 19, 2022 (Item No. 4e) Title: Traffic study 765 - Authorize permit parking at 3277 Library Lane Page 3 Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4f Executive summary Title: Traffic study 766 – Authorize permit parking at 4105 Utica Avenue – Ward 2 Recommended action: Motion to adopt Resolution authorizing installation of permit parking restrictions in front of 4105 Utica Avenue. Policy consideration: This authorization of parking restrictions is allowed per the city’s special parking permit policy (Sec. 30-160). Summary: In September 2022, staff received a request from a resident at 4105 Utica Avenue for a medical needs parking permit. The resident requires curbside access to vehicles adjacent to their property due to mobility concerns. The city’s code (Sec. 30-160) allows for permit parking in these types of situations. It has been the city’s practice to use permit parking, which can be removed when the individual needing access no longer resides there or no longer needs the access. Staff considers the request to be valid and supports the installation of permit parking at 4105 Utica Avenue. This recommendation is based on the following: •A resident of the household has limited mobility and is eligible for a parking permit. •Conflicting parking tendencies with neighbors will be mitigated. Financial or budget considerations: The cost of enacting these controls is approximately $300 and will come out of the general operating budget. Parking signs can last on the street for roughly ten years. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Resolution Map Prepared by: Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 4f) Page 2 Title: Traffic study 766 – Authorize permit parking at 4105 Utica Avenue – Ward 2 Resolution No. 22-____ Resolution authorizing installation of permit parking in front of 4105 Utica Avenue. Whereas, the City of St. Louis Park allows for special parking permits for persons with disabilities or medical needs under the city’s code Sec. 30-160; and, Whereas, the City of St. Louis Park received a valid and complete application for permit parking at 4105 Utica Avenue S; and, 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 permit parking at 4105 Utica Avenue. Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk UTICA AVE SUTICA AVE S41ST ST W41ST ST W 4105 4112 4100 4092 4104 4109 5355 4117 4113 4116 4108 4101 4093 0 50 10025 Feet TS 766 - 4105 Utica Ave Proposed permit parking City council meeting of September 19, 2022 (Item No. 4f) Title: Traffic study 766 - Authorize permit parking at 4105 Utica Avenue - Ward 2 Page 3 Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4g Executive summary Title: Traffic study 767 – Removal of permit parking at 3962 Xenwood Avenue – Ward 2 Recommended action: Motion to adopt Resolution rescinding Resolution 01-055, removing permit parking at 3962 Xenwood Avenue. Policy consideration: The installation and removal of parking restrictions are allowed per the city’s established regulatory authority. Summary: This permit parking was installed in 2001 under the city’s persons with disabilities permit parking ordinance (Sec. 30-160) through traffic study 558 (attached). Annually, staff reaches out to the residents that have medical needs permit parking installed in front of their homes to confirm that the individual needing access still lives there and still needs the access. Throughout July and August 2022, staff made several attempts to reach the owner of 3962 Xenwood Avenue to confirm the continued need for the permit parking adjacent to their residence. There was no response to these attempts to engage the resident. In situations where the ongoing need for permit parking cannot be established, staff recommends rescinding the permit parking. In late August, staff sent a final letter informing them that if we did not hear from them by Sept. 9, we would be removing the parking restrictions. We have not heard from them. Financial or budget considerations: The cost to remove these controls is minimal and will come out of the general operating budget. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Resolution Resolution 01-055 – To be rescinded Traffic study 558 – Council report July 2, 2001 Prepared by: Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 4g) Page 2 Title: Traffic Study 763 – Removal of permit parking restrictions at 3224 Xenwood Avenue-Ward Resolution No. 22-____ Removal of permit parking at 3962 Xenwood Avenue Whereas, The City of St. Louis Park allows for special parking permits for persons with disabilities or medical needs under the city’s code Sec. 30-160; and, Whereas, in 2001, permit parking was installed at 3962 Xenwood Avenue at the request of the person residing there through traffic study 558; and, Whereas, during the annual review of this permit parking engineering staff did not receive confirmation that the resident still resides at this location; and, Whereas, engineering staff recommends the removal of said permit parking at 3962 Xenwood Avenue; Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that Resolution 01-055 be rescinded. Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4h Executive summary Title: 36th Street and Wooddale Avenue Improvements – Contract amendment – (4022-6000) Recommended action: Motion to authorize execution of a contract amendment to a professional services contract with Bolton & Menk, Inc. in the amount of $365,924 for the 36th Street and Wooddale Avenue Improvements – Project 4022-6000. Policy consideration: None Summary: The city signed an agreement with the consulting firm Bolton & Menk, Inc. to provide preliminary plans for this project in February 2021. An amendment to the contract was approved by the city council at the Sept. 20, 2021, city council meeting. This amendment was for $598,297 and included final plan design, bidding, and limited construction services. We did not include all construction services since it was anticipated that this would be done by city staff. Unfortunately, the project coordinator who was assigned to this project retired at the start of the construction season, and his replacement did not start until August. To ensure that the project had appropriate oversight, staff worked with our consultant to provide full-time construction inspection services. This is necessary to ensure that the city receives a quality product and that residents and business owners have someone onsite to communicate with if any issues come up. Another reason for the amendment is that the contractor encountered conflicts with private utilities that were unknown at the time the project was bid. In order to work around the conflicts, additional plan design work and calculations were needed along with plan revisions so that the changes could be communicated to the contractor and built. These additional services were beyond the original and amended scope. The cost for these additional services is $365,924. Financial or budget considerations: This project is included in the city’s Capital Improvement Program (CIP) for 2022. The estimate for the entire project is $6,658,625. Funding is provided by the Elmwood Tax increment funds (TIF). 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 Location map Prepared by: Joseph Shamla, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager Page 2 City council meeting of September 19, 2022 (Item No. 4h) Title: 36th Street and Wooddale Avenue Improvements – Contract amendment – (4022-6000) Discussion Background: The city signed an agreement with the consulting firm Bolton & Menk, Inc. to provide preliminary design and public engagement for the 36th Street and Wooddale Avenue Improvements in February 2021. An amendment to the consultant contract was approved at the Sept. 20, 2021, city council meeting for final design and construction services. This project was awarded to Geislinger and Sons, Inc. at the May 16, 2022, council meeting and is currently under construction. It is expected that construction will be complete in November. Present considerations: The scope of the project has changed as we completed the design and are under construction. One of the main changes in cost is the need to have a consultant provide full-time construction services on this project. Originally, this project was going to be inspected by city staff. The person who was assigned to this project retired in June, and his replacement did not start until August. To ensure that the project had appropriate oversight, staff worked with our consultant to provide full-time construction inspection services. This is necessary to ensure that the city receives a quality product and that residents and business owners have someone onsite to communicate with if any issues come up. Another reason for the change in scope is the need to modify the plans to avoid conflicts with private utilities. Some of the underground utilities were in locations that did not allow the project to be constructed. This caused a need to redesign the plans to work around the private utilities. Unfortunately, relocating the private utilities is a long process, and we were unable to meet the construction deadlines if private utilities were to relocate. Additional work was also requested to be able to accommodate the future redevelopment of properties in the corridor. The sanitary sewer and watermain in the area needed additional calculations and modeling to ensure that there was adequate capacity/ supply for these sites to be developed according to the 2040 comprehensive plan. A summary of the contract with Bolton & Menk, Inc.: Amount Original Contract and Amendment #1 $827,741 Amendment #2 $365,924 Total contract amount $1,193,665 When the project was awarded by the city council in May, staff added a 5% contingency, $260,879, to cover unknown costs that come up during construction. Comparing the costs before construction started to the costs we are currently projecting – the total engineering on this project will increase from $1,302,741.00 to $1,343,665, about $40,000 more than staff was projecting. This additional engineering falls within those projected contingency costs. It should be noted that the project engineering cost also includes staff time. With the remaining contingency, $219,955.10, the estimated construction cost for this project is approximately $5,440,000. The contract for design services with this amendment will be 22% of this construction cost. Industry standard for engineering costs on construction projects can range from 20% to 35%, depending on the complexity of the project. Schedule: The contractor is starting work on the final stretch of 36th Street (between Xenwood Avenue and Webster Avenue). The first thing they will work on is utilities, starting with sanitary sewer replacement, followed up with storm sewer and watermain replacement. After that is Page 3 City council meeting of September 19, 2022 (Item No. 4h) Title: 36th Street and Wooddale Avenue Improvements – Contract amendment – (4022-6000) done, they will construct the road, sidewalks and bikeway. The work for this section is proposed to be finished in November. The original plan had us finishing in October, but the schedule was delayed as a result of private utility conflicts. All of the utilities have been installed, and road construction has started on 36th Street between Wooddale Avenue and Yosemite Avenue. The pavement for this block of 36th Street is scheduled to be installed by the end of September. Wooddale Avenue (between 36th Street and TH 100) will be complete by the end of September when it receives the final lift of bituminous. 36TH ST W36TH ST W ALABAMA AVE SALABAMA AVE S35TH ST W35TH ST W W O O D D A L E A V E W O O D D A L E A V E XENWOOD AVE SXENWOOD AVE SWO O D D A L E A V EWO O D D A L E A V EYOSEMITE AVE SYOSEMITE AVE SGOODRICH AVEGOODRICH AVE CAMERATA WAYCAMERATA WAY OXFORD STOXFORD ST WEBSTER AVE SWEBSTER AVE SSERVICE DR HIGHWAY 7SERVICE DR HIGHWAY 7PRIVATE RDPRIVATE RDWWEEBBSSTTEERRAAVVEESSPRIVATE RDPRIVATE RD 100 0 500 1,000250 Feet Wooddale Ave. and 36th St. W Street Improvements Legend Street improvements, sanitary sewer and watermain construction, and bikeway installation Street improvements City council meeting of September 19, 2022 (Item No. 4h) Title: 36th Street and Wooddale Avenue Improvements - Contract amendment - (4022-6000)Page 4 Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4i Executive summary Title: Retirement recognition for Housing Manager/Deputy CD Director Michele Schnitker Recommended action: Motion to adopt Resolution to recognize Michele Schnitker for her 23 years of service. Policy consideration: None at this time. Summary: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the mayor, city manager and city council. Michele will be in attendance for a presentation of this resolution. This consent item will officially adopt the resolution that honors Michele for her years of service. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Ali Timpone, HR director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 4i) Page 2 Title: Retirement recognition for Housing Manager/Deputy CD Director Michele Schnitker Resolution No. 22-___ Resolution of the City Council of the City of St. Louis Park, Minnesota recognizing the contributions and expressing appreciation to Housing Manager/Deputy CD Director Michele Schnitker Whereas, Michele Schnitker began her employment with the City of St. Louis Park over 23 years ago on June 21, 1999; and Whereas, Michele has demonstrated exceptional leadership in advancing affordable housing and is highly regarded for her extensive knowledge and skill as it relates to the creation and preservation of affordable housing; and Whereas, Michele has provided wisdom and guidance to staff, co-workers, peers, community members and council members and has inspired and motivated others to create change, perform at their highest level and seek to make the world a better place; and Whereas, Michele is so well-respected among her peers and other cities she was recognized with the Minnesota NAHRO 2021 Allan Anderson Award of Merit for her outstanding achievements in excellence and leadership in housing, exemplifying the dedication and leadership needed to serve the community and its people in providing affordable housing and community-development activities; and Whereas, Michele is responsible the creation of the city’s inclusionary housing policy which is directly attributable to the creation of over 800 new affordable housing units, for the creation of the Kids in the Park program that provides housing stability for families with children in St. Louis Park schools, for the creation of tenant protections that ensure tenants are treated fairly, and for successfully increasing the number of housing assistance vouchers the housing authority administers to provide deeply affordable housing to families with the greatest need; and Whereas, under Michele’s leadership, the St. Louis Park Housing Authority has consistently achieved high-performer status in both the public housing and housing choice voucher programs; and Whereas, Michele will enjoy retirement spending time with her family at her cabin in northern Minnesota, golfing and traveling the globe; Now therefore be it resolved that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Michele Schnitker for her great contributions and over 23 years of dedicated service to the City of St. Louis Park and wish her the best in her retirement. City council meeting of September 19, 2022 (Item No. 4i) Page 3 Title: Retirement recognition for Housing Manager/Deputy CD Director Michele Schnitker Reviewed for Administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4j Executive summary Title: Special assessment – sewer service line repair at 2828 Kentucky Avenue South Recommended action: Motion to adopt a resolution authorizing the special assessment for the repair of the sewer service line at 2828 Kentucky Avenue South, St. Louis Park, Minnesota. P.I.D. 08-117-21-43-0088. Policy consideration: The proposed action is consistent with policy previously established by the city council. Summary: Benjamin Thompson, owner of the single-family residence at 2828 Kentucky Avenue South, has requested the city authorize the repair of the sewer service line for his 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 and/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 is 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 owner has 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 $10,480.00. 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: Beth Holida, office assistant Reviewed by: Emily Carr, assessing technician Jay Hall, interim public works director and utilities superintendent Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 4j) Page 2 Title: Special assessment – sewer service line repair at 2828 Kentucky Avenue South Resolution No. 22 - ____ Resolution authorizing the special assessment for the repair of the sewer service line at 2828 Kentucky Avenue South, St. Louis Park, MN P.I.D. 08-117-21-43-0088 Whereas, the property owner at 2828 Kentucky Avenue South, has 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 2828 Kentucky Avenue South; and Whereas, the property owner has 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 owner 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 Public Works Department and Department of Inspections is hereby accepted. 3.The total cost for the repair of the sewer service line is accepted at $10,480.00. 4.The property owner has 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 owner has 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 owner has 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 September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4k Executive summary Title: Lease agreement for cellular antennas at 5100 Park Glen Road Recommended action: Motion to approve an agreement between the city and T-Mobile Central LLC for communication antennas and related equipment to be placed on the city’s water tower at 5100 Park Glen Road. Policy consideration: None at this time. Summary: Dish Wireless LLC would like to enter into an agreement with the city to place communication equipment on the city’s elevated water tower at 5100 Park Glen Road. The city has successfully entered similar agreements with multiple cellular providers at different city owned properties. Financial or budget considerations: The annual lease rate for 2022 is $27,000 (prorated from 30 days of execution). The rent structure is based on the number and type of antennas/auxiliary boxes and their height above ground on the tower. The financial terms of this agreement require annual lease payments with a 5% annual rate increase. The term of this lease will be for five years with the tenant having the right to extend lease for four additional five-year terms. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Lease Agreement Memorandum Prepared by: Mike Okey, public works services manager Reviewed by: Jay Hall, interim public works director Approved by: Kim Keller, city manager 218685v1 Tenant Site I.D. #: MNMSP00032B Site Name: Park Glen EWT COMMUNICATION SITE LEASE AGREEMENT by and between CITY OF ST. LOUIS PARK and DISH WIRELESS L.L.C. Dated: , 2022 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL, KNUTSON Professional Association 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 [JJM] City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 2 222181v1 1 Te nant Site I.D. #: MNMSP00032B Site Name: Park Glen EWT COMMUNICATION SITE LEASE AGREEMENT T his Communic ation Site Lease Agreement (“Lease”) is entered into effective as of the day of , 2022, by and between the CITY OF ST. LOUIS PARK, a municipal corporation under the laws of the State of Minnesota (“Landlord”), whose a ddress is 5005 Minnetonka Blvd, Minnesota, 55416, and DISH WIRELESS L.L.C., a Colorado limited liability company (“Tenant”), whose address is 9601 S. Meridian Blvd., Englewood, Colorado 80112. Landlord and Tenant are referred to herein collectively as the “Parties”. RECITALS WHEREAS, the Landlord is the owner of certain property located at 5100 Park Glen Road, St. Louis Park, Minnesota 55416 known as “Park Glen EWT”, as legally described in Exhibit “A” attached hereto (“Property”); and WHEREAS, Tenant has requested that the Landlord lease space on the Water Tower (“Water Tower”) owned by Landlord located on a portion of the Property to Tenant for the installation of six (6)a ntennas thereon and other associated hardware, framing, and coaxial cable to be located on the Water Tower (“Tower Equipment”) together with additional space on the Property, within the base of the Water Tower for Tenant’s Communication Facility, as hereinafter defined, and Utilities and Coaxial Cable related thereto all as set forth in the Plans and Specifications attached hereto as Exhibit “B” (“Plans and Specifications”); and WHEREAS, the Landlord agrees to lease to the Tenant (i) space on the Water Tower so that Tenant may locate the Tenant’s Tower Equipment thereon; (ii) space within the base of the Water Tower in the location as shown on Exhibit “B” for Tenant’s Communication Facility; (iii) a non- exclusive right of entry over the Property for ingress and egress to the Leased Premises and for the installation, operation and maintenance of Utilities and Coaxial Cable over, under and across the City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 3 222181v1 2 access and utilities easements in the locations as legally described in Exhibit “A” and shown on Exhibit “B .” NOW THEREFORE, for good and valuable consideration, the parties agree a s follows: 1.PROPERTY AND PREMISES. Subject to the following terms and conditions, Landlord agrees to and hereby does lease to Tenant (i) space on the Water Tower as shown in the Plans and Specifications for Tenant’s Tower Equipment; and (ii) space within the base of the Water Tower for Tenant’s Communication Facility, hereinafter jointly referred to as the Leased Premises (“Leased Premises”), according to the Plans and Specifications, subject to all other existing easements and leases for space on the Water Tower and Property. 2.TERM. The initial term of this Lease shall be five (5) years (“Initial Term”), c ommencing on the earlier of the date Tenant commences installation of Tenant’s Communication Facility or November 1, 2022 (“Commencement Date”). Landlord shall send a letter setting forth the actual Commencement Date and the last day of the Initial Term. Tenant shall have the right to extend this Lease for four (4) additional five (5) year terms (each, a "Renewal Term") subject to the terms of this Lease. The Renewal Terms of this Lease shall be on the same terms and conditions as set forth herein except for rental adjustments as provide d in Paragraph 3, Rent, below. This Lease shall be automatically renewed for each of the Renewal Terms unless: (i) Tenant gives Landlord written notice of Tenant’s intention not to renew this Lease at least ninety (90) days prior to the expiration of the Initial Term or any applicable Renewal Term, or (ii) Landlord gives Tenant written notice of Landlord’s intention not to renew this Lease at lease eighteen (18) months prior to the expiration of the third Renewal Term. 3.RENT AND ADDITIONAL COSTS AND EXPENSES. a.Tenant shall pay Landlord, as rent, the following sums at the time stated herein ("Rent")": City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 4 222181v1 3 B ased on Tenant's installation of Tenant’s Tower Equipment and Tenant’s Communication Facility as described herein and set forth in the Plans and Specifications, the annual rent on the Commencement Date of this Lease shall be Twenty Seven Thousand Seventy-Two and No/100 Dollars ($27,072.00) which shall be due and payable within thirty (30) days of the date of the letter sent by Landlord to Tenant setting forth the Commencement Date . The Rent due for the initial lease year shall be pro-rated for the partial year and partial months. Thereafter, the Rent will be paid annually in advance on or before the first day of each calendar year. b.The Rent shall be increased each year on January 1st beginning with January 1, 2023, by five percent (5%). c.In addition to Rent, Tenant agrees to timely pay any real estate taxes levied against Tenant based on the installation or operation of Tenant’s Communication Facility at the Property or personal property taxes in lieu of real estate taxes required by any governmental body having jurisdiction over the Property as a result of this Lease. d.Tenant shall pay a late fee of One Hundred Dollars ($100.00) if the Rent is not paid w ithin ten (10) days of the due date. e.Tenant shall reimburse Landlord prior to construction or installation of Tenant’s Tower Equipment or Tenant’s Communication Facility the following : (i) all actual, reasonable engineering fees incurred by Landlord related to revie w of the Plans and Specifications ; and (ii) all building and permit fees of the Landlord (if any); and (iii) all actual, reasonable attorneys’ fees including, but not limited to Lease preparation and negotiation; and (iv) other actual, reasonable costs and expenses associated with any required interference studies, all not to exceed Five Thousand and 00/100 Dollars ($5,000.00). Tenant shall make such reimbursement payments within sixty (60) days following receipt of a detailed invoice from Landlord showing such actual, undisputed costs. City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 5 222181v1 4 4.GOVERNMENTAL APPROVAL CONTINGENCY. a.Approvals . Tenant's right to use the Leased Premises, as provided in this Lease is expressly made contingent upon (i) Tenant’s obtaining and maintaining at Tenant’s sole cost and expense all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority for Tenant’s use of the Leased Premises (individually, a “Governmental Approval” and collectively, the “Governmental Approvals”); (ii) Tenant complying with the terms and conditions of this Lease, and the Plans and Specifications ; and (iii) the engineering study specified in Subparagraph 4.b. below (if required by Landlord) to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain all such Governmental Approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. b.Interference Study. Landlord shall, upon request of Landlord, receive a letter from Tenant’s engineer, in a form and substance acceptable to the City stating that there is no predicted interference to the Landlord’s Police, Fire, Emergency Medical, and Public Works Communications Systems (“Landlord’s Communication Systems”); however, if in the future the Landlord experiences interference with the Landlord’s Communication Systems and believes the interference to be from Tenant’s Communication Facility, Tenant shall take immediate steps to correct the interference problem at its cost and expense as provided in Para graph 6.a. hereof. c.Non-approval. In the event that any Governmental Approval necessary under Subparagraph 4.a. above is rejected or if any permit, license or Governmental Approval currently issued to Tenant is cancelled, expires, lapses, or is otherwise withdrawn or terminated by a governmental authority so that Tenant, is unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease as provided in Paragraph 11.a.ii. Notice of Tenant's exercise of its right to terminate this Lease shall be given to Landlord pursuant to Section 19 hereof. City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 6 222181v1 5 Except for the obligation of Tenant under Subparagraph 11.c. below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. d.User Priority. The Landlord and Tenant agree that the following priorities of use, in descending order, shall apply in the event of communication interference or other uses of the Leased Premises that conflict with Tenant’s uses or other users of the Leased Premises while this Lease is in effect: i.The La ndlord’s water storage and distribution needs and the Landlord’s communication needs . ii.Existing leases on the Water Tower and/or the Property unless there is a material modification of any existing equipment configuration and/or frequency characteristics in which event all other existing leases shall have priority. iii.Tenant’s Lease. iv.New leases. 5.PERMITTED USES. a.Subject to the terms of this Lease, the Leased Premises shall be used by Tenant solely for the purpose of constructing, installing, repairing, maintaining, removing and operating Tenant’s Tower Equipment, Tenant’s Communication Facility, and Tenant’s Utilities in accordance with this Lease and in accordance with the transmission and reception of wireless communication signals authorized for use of the Tenant by the Federal Communications Commis sion ("FCC") (the Tenant’s Equipment Cabinet, Coaxial Cable, Utilities and/or the related equipment and improvements described in and/or shown in the Plans and Specifications are hereinafter referred to as "Tenant’s Communication Facility"). This use is nonexclusive, and Landlord reserves the right to allow the Water Tower, and/or the Property to be used by others, provided they do not interfere with Tenant’s use of the Leased City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 7 222181v1 6 Premises. Tenant agrees to and shall comply with all ordinances, statutes and regulations of the Landlord and all other county, state , and federal agencies. b.Tenant, its agents and contractors, are hereby granted the right, at Tenant’s sole cost a nd e xpense, to enter upon the Property and conduct such studies as Tenant deems necessary to determine the Property's suitability for Tenant's intended use. These studies may include title reports, surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as Tenant deems necessary or desirable. c.The placement and construction of the Tenant’s Communication Facility shall comply with the terms of this Lease and the manner in which the Tower Equipment is to be installed shall be subject to prior review and approval by a registered professional structural engineer (“Engineer”) and the Landlord and its agents, which approval shall not be unreasonably withheld, conditioned or delayed by Landlord. Tenant shall provide Landlord with evidence of review and approval by the Engineer upon request. Landlord shall, at all times, use reasonable efforts to provide Tenant 24 hours a day, 7 days a week ingress, egress, and access to the Leased Premises, subject to the Landlord’s right to limit access to the Water Tower in cases of emergency or at times when the Landlord is conducting repairs or maintenance on the Water Tower. Landlord shall use reasonable efforts to minimize the disruption of the Tenant’s access to the Water Tower, in responding to any such emergencies and performing such maintenance and repairs. Landlord will be entitled to reimbursement from Tenant, within sixty (60)days of the invoice date, if the Landlord incurs any costs associated with providing Tenant access to the Water Tower or Property except in those cases where costs are incidental to Landlord obtaining access for its own purposes unrelate d to Tenant’s use of the Water Tower and Property. Notwithstanding the foregoing, “access” does not require or impose upon the Landlord an affirmative duty to snowplow in order to provide “access” to the Property or Water Tower. Tenant will not allow City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 8 222181v1 7 any mechanics' or materialmen's liens to be placed against the Property as a result of its work on the Property. The Tenant shall have the right, during installation of Tenant’s Tower Equipment and the construction, installation , modification or upgrade of Tenant’s Communication Facility on the Leased Premises and the Property, to drive all equipment necessary for construction and installation across the Property by motor vehicle . Tenant shall thereafter only access the Leased Premises by foot, for the routine repair and maintenance of the Tenant’s Tower Equipment and Tenant’s Communication Facility , unless Landlord approves access across the Property by motor vehicle . If the Tenant damages the Water Tower and/or any other tenant’s equipment or utilities and/or the Property during the installation of Tenant’s Tower Equipment and/or the construction and installation of Tenant’s Communication Facility or at any other time during the term of this Lease, it shall immediately (within thirty (30) days), repair the Wa ter Tower and/or any other tenant’s equipment or utilities and/or Property to the conditions it was in prior to the Tenant damaging the same including but not limited to the filling of all ruts or damage to asphalt grass, trees and/or shrubs caused by equipment driving on the Property or installing Tenant’s Utilities. Tenant may not add, change or alter the Tenant’s Tower Equipment or the Tenant’s Communication Facility from that set forth and/or shown in the Plans and Specifications without the prior written approval of the Landlord, which approval shall not be unreasonably withheld, conditioned or delayed by Landlord. However, without the prior written approval of Landlord, Tenant may complete routine repairs and maintenance of Tenant’s Tower Equipment and the Tenant’s Communication Facility, and may replace existing components of Tenant’s Tower Equipment or Tenant’s Communication Facility with new equipment of substantially the same or smaller dimensions and weight. Tenant agrees to reimburse Landlord for all actual and reasonable costs incurred by the Landlord in connection with any alteration or modification of, or addition to, the Tenant’s Tower City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 9 222181v1 8 Equipment or Tenant’s Communication Facility pursuant to this paragraph, including but not limited to plan review, structural review, site meetings, inspection time, and as-built updating because of Tenant’s changes, including reasonable attorney’s fees for drafting and and/or reviewing documents , all not exceed Five Thousand and 00/100 Dollars ($5,000.00) for each Tenant alteration, modification or addition project. Tenant shall reimburse Landlord for all actual, reasonable and undisputed costs associated with Landlord’s review of Tenant’s proposed alteration, modification or addition within sixty (60) days of receipt of an invoice from Landlord. d.Tenant agrees that if Tenant’s Tower Equipment and/or Tenant’s Communication Facility produces unreasonable noise levels that cause a disturbance to the surrounding neighbors of the Property, Tenant will at its own expense install noise mitigating equipment or a buffer to meet State noise standards. e.Tenant shall telephonically notify the Landlord of scheduled work to Tenant’s Tower Equipment or Tenant’s Communication Facility that is to be done after 5:00 o’clock p.m. on business days, and any time on weekends and holidays. The notice shall be given to Landlord so that it is received at least 48 hours in advance of the start of the scheduled work. In the case of Tenant’s emergency work to Tenant’s Tower Equipment, and Tenant’s Communication Facility, Tenant shall telephonically notify the Landlord as soon as practicable after commencement of the work. f. Landlord agrees to give Tenant one hundred eighty (180) days’ advance written notice of any major repair or maintenance activities related to Landlord’s Water Tower operations. In the case of an emergency, notification is not required; however, Tenant will be notified as soon as practically possible. In the event that use of the Water Tower for water service or any necessary maintenance or repair of the Water Tower is interrupted or made impractical because of Tenant’s Tower Equipment and Tenant’s Coaxial Cables on the Water Tower, the Landlord may interrupt Tenant’s use of the Leased Premises and/or Water Tower as reasonably necessary to prevent interruption of water service , City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 10 222181v1 9 provided Landlord give Tenant advance notice of such interruption and the opportunity to relocate Tenant’s equipment on the Water Tower and the option to install a temporary facility at the Property to avoid interruption of operations . The Landlord will use its best efforts to prevent or minimize interruptions to Tenant’s use of the Wate r Tower or the Leased Premises for painting and tower reconditioning. Tenant shall provide Landlord’s painting contractor with pertinent safety instructions relative to working near the Tenant’s Tower Equipment and, if necessary, Tenant must lower the powe r level or turn off transmission while Landlord’s painting contractor is working near Tenant’s Tower Equipment. If Tenant’s Tower Equipment is in the way of painting or reconditioning work, Tenant will be required to temporarily move Tenant’s Tower Equipme nt at Tenant’s expe nse ; provided that Tenant shall be permitted to install and operate a temporary facility at the Property during any painting or reconditioning work to avoid interruption of Tenant’s use of the Leased Premises, at Tenant’s sole cost and expense. The Rent shall abate on a pro rata basis for any period during which Tenant is unable to operate Tenant’s Communication Facility at the Property due to accommodating Landlord’s painting or reconditioning work. Following completion of Landlord’s pa inting or reconditioning work, Tenant my reinstall Tenant’s Tower Equipment on the Tower in the same location and in the same manner as before the relocation. Any additional expense of repainting, repairing or maintaining the Water Tower reasonably incurre d by the Landlord as a direct consequence of the presence of Tenant’s Tower Equipment or Tenant’s Communication Facility being located thereon shall be paid by the Tenant to the Landlord within sixty (60) days following the receipt of the Landlord’s writte n notice of such additional cost which notice shall state the reasons for Landlord incurring the costs and shall include a reasonable itemization of such costs. 6.TENANT’S COMMUNICATION FACILITY AND INTERFERENCE. a.Tenant agrees to install Tenant’s Towe r Equipment and Tenant’s Communication Facility, in compliance with all FCC rules and regulations, and good engineering practices and City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 11 222181v1 10 according to the Plans and Specifications. Any facility, structure, equipment or other type of improvement, including the Tenant’s Tower Equipment and Tenant’s Communication Facility, installed by the Tenant on the Leased Premises must be of a type and installed in such a manner as not to cause any diminution in the quality of the communication signal, transmission or reception (hereinafter “Interference”) of any governmental communication equipment installed by the Landlord or other public agency at the Property now or in the future. If any such Interference is alleged by the Landlord and Landlord provides reasonable evidence that such interference is caused by the Tenant’s use or operation of the Leased Premises or any facilities, structures, equipment or other types of improvements installed thereon by the Tenant, it shall become the immediate and affirmative duty of the Tenant to diligently pursue a cure to stop all of the interference. The parties agree that such reasonable evidence of interference that is caused by Tenant’s use or operation of the Leased Premises warrants an emergency response and the Notices provision in Paragraph 19 shall not apply. Rather, Landlord shall provide notice of reasonable evidence that the interference is caused by the Tenant’s use or operation of the Leased Premises verbally by telephone, by facsimile or by e -mail, whichever is determined by the Landlord to be the most immediate method of conveying such notice of reasonable evidence to Tenant. Notice of reasonable evidence of Tenant’s interference shall be phone, faxed, or e -mailed to the following: Tenant’s NOC: 866.624.6874 Upon providing notice of reasonable evidence that any interference is caused by Tenant’s use or operation of the Leased Premises, Tenant shall send a qualified technician or representative to the Leased Premises within twenty-four (24) hours from the time that the notice of reasonable evidence is provided by Landlord. The required twenty-four (24) hour emergency response time under these circumstances is applicable 24 hours a day, 7 days a week. The qualified technician or representative City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 12 222181v1 11 shall be capable of assessing the situation and eliciting the necessary response, including any repairs, alterations or modifications to Tenant’s Tower Equipment or Tenant’s Communication Facility. If such interference cannot be cured within twenty-four (24) hours after the notice provided for in this Paragraph 6.a., the Tenant shall immediately cease using or operating on the Leased Premises or any of its facilities, structures, equipment or other types of improvements installed thereon that is causing the interference until such interference is cured to the reasonable satisfaction of Landlord. However, Tenant may power up the equipment causing the interference for intermittent testing at mutually agreeable times to determine the cause of and eliminate the interference. b.If Tenant causes Interference to the equipment of other tenants on the Tower installe d be fore the installation of Tenant’s Communication Facility or modifications thereto, then following receipt of notice of such Interference from Landlord of the other te nant, Tenant shall diligently pursue a cure to stop the Interference. Landlord represents and warra nts that its lease agreements with other tenants on the Tower contain substantially the same requirements with respect curing Interference to the equipment of other Tenants on the Tower. c.Tenant shall be solely responsible for any taxes on its personal property. d.Tenant shall, at its sole cost and expense, maintain the Tower Equipment in as close as reasonably possible to the condition they were in when they were first installed, reasonable wear and tear accepted. 7.UTILITY SERVICE. All of Tenant’s electrical wire, t elephone cables, fiber optic cables and related equipment (“Utilities”) and Tenant’s Coaxial Cable on the Property and/or the Leased Premises, if any, shall be located underground, except for the Coaxial Cable on the Water Tower, according to the Landlord’s applicable code, rules and regulations and all state codes, rules and regulations. Tenant shall provide Landlord with an as -built plan showing the exact location of all Tenant’s Utilities and Coaxial Cable installed on the Lea sed Premises and the Property. Tenant shall City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 13 222181v1 12 furnish Landlord with pertinent information as to the exact type of AC power used by the Tenant. The Tenant agrees that upon the request of the Landlord, it will field locate all Utilities and Coaxial Cable at Tenant’s expense. If Tenant reasonably determines that existing Utilities at the Property are insufficient for the operation of Tenant’s Communication Facility, then Landlord shall grant Tenant or Tenant’s preferred provider of Utilities permission to install new fiber service under the Property and to the Leased Premises, in the location(s) shown in Exhibit B, or location(s) otherwise mutually agreed upon by the parties. It shall be the responsibility of Tenant, its agents, contractors and/or subcontractors at Tenant’s sole cos t a nd expense to contact Gopher One Call and/or all other parties including, but not limited to, Landlord and all of Landlord’s other tenants occupying the Property for locate requests prior to any construction, installation of the Tenant’s Tower Equipment and other equipment described in this Lease, on the Property. If any of the Landlord’s other tenants decline to locate their utilities, it shall be the responsibility of Tenant to locate said tenant’s utilities at Tenant’s sole cost and expense. Landlord agrees that it will assist with contact information for the other tenants upon the written request of the Tenant. Tenant agrees that Tenant will, upon the reasonable request of the Landlord or another tenant of the Landlord, locate all of its Cables, Conduit and Utilities. 8.ADDITIONAL LESSEES. Tenant acknowledges that Landlord has and may in the future lease the Property and space on the Water Tower or portions thereof to other companies, so long as Landlord shall not itself, nor permit its tenants or licensees to install new equipment on the Water Tower or on the Property contiguous thereto owned or controlled by Landlord, if such equipment would cause interfe rence with Tenant’s operations. Landlord shall not itself, nor permit its tenants or licensees to install new equipment on the Water Tower or Property contiguous thereto owned or controlled by Landlord, if such equipment would cause interference with Tenant’s operations. City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 14 222181v1 13 9.ADDITIONAL TENANT FACILITIES. Tenant may not add additional antennas, fa cilities, structures, equipment or other types of improvements, including Equipment Cabinets, Utilities or Coaxial C able and/or Tower Equipment beyond those currently used by Tenant, shown in the Plans and Specifications without the prior written approval of the Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. This provision shall not apply to replacement equipment of substantially the same size and/or weight and visual impact resulting from technology changes and/or repa irs and maintenance . If Landlord approves additional facilities, equipment, antennas, or coaxial transmission lines, there will be additional rent charged for the additional facilities, equipment, antennas and/or coaxial transmission lines that are installed on the Water Tower and/or the Leased Premises. 10.DEFAULT. Any of the following occurrences, conditions, or acts shall be deemed a “Default” under this lease: a.If Tenant fails to pay amounts due under this Lease within thirty (30) days of its receipt of written notice that such payments are overdue; b.If either party fails to observe or performs its obligations under this Lease and does not cure such failure within sixty (60) days from its receipt of written notice of breach without, however, limit ing any other rights available to the parties pursuant to any other provision of this Lease. If the default may not be reasonably cured within such sixty (60) day period, either party may request the other party to grant an extension of the time to cure. c.Except as expressly limited hereby, Landlord and Tenant shall have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within the applicable time allowed to cure under the terms of this Lease. 11.TERMINATION. City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 15 222181v1 14 a.Except as otherwise provided herein, this Lease may be terminated by Landlord or Tenant, without penalty or further liability, as follows: i.by either party upon a default of any covenant or term hereof by the other party whic h de fault is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to a ny other provisions hereof), provided the defaulting party shall have such extended period a s may be required beyond 60 days if the nature of the cure is such that it reasonably requires more than sixty (60) days and the defaulting party commences the cure within the sixty (60) day period and thereafter continuously and diligently pursue the cure to completion; ii.by Tenant upon sixty (60) days’ notice to Landlord if it is unable to obtain or maintain a ny license, permit or other Governmental Approval necessary to the installation and/or operation of the Tenant’s Communication Equipment or Tenant’s business after making a ll reasonable efforts to comply with all applicable governmental requirements; iii.by Landlord, following expiration of the first Renewal Term, if its Council decides, for any reason, to develop the Property and/or Leased Premises upon three hundred sixty- five (365) days’ notice to Tenant; iv.by Landlord, upon sixty (60) days’ notice to Tenant, if Landlord determines that Tenant has failed to comply w ith any applicable ordinance , or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing be fore Landlord’s Council; v.by Landlord and/or Tenant, upon sixty (60) days’ notice if there is an interference problem with Landlord’s Communication System located on the Water Tower caused by Tenant’s Communication Facility that cannot be corrected; City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 16 222181v1 15 vi.by Tenant, upon sixty (60) days’ notice to Landlord, if Tenant is unable to occupy the Leased Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; vii.by Tenant upon sixty (60) days’ notice to Landlord, if the Property is or becomes unacceptable under Tenant’s design or engineering specifications for Tenant’s Communications Equipment or the communications system to which Tenant’s Communications Equipment belongs, in Tenant’s sole discretion; viii.by Tenant, upon sixty (60) days’ notice to Landlord, if changes in applicable law whic h prohibit or adversely affect Tenant’s ability to operate Tenant’s Communication Facility at the Leased Premises; ix.by Tenant, upon sixty (60) days’ notice to Landlord, if it determines in its sole discretion, that its use of the Leased Premises is obsolete or unnecessary; or x by Tenant, upon sixty (60) days’ notice to Landlord, if Landlord or a third party installs any structure, equipment or other item on the Tower, Property or adjacent property, which blocks, hinders, limits or prevents Tenant from being able to use the Tenant’s Communication Facility. b.Notice of Termination. The parties shall give the Termination Notice of this Lease under this Section 11 (“Notice of Termination”) which Notice of Termination shall set forth the date of termination of the Lease (“Termination Date”) and which shall be delivered to Tenant or Landlord in accordance with Section 19 of this Lease. Except for termination due to Landlord Default, a ll rentals paid for by Tenant prior to said termination date shall be retained by Landlord. c.Removal of Comm unication Facility . Upon termination of this Lease, Tenant shall, within sixty (60) days of the Termination Notice, remove all of Tenant’s Tower Equipment and Tenant’s Communication Facility and restore the Leased Premises to a condition as close as possible to City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 17 222181v1 16 its original condition. Any of Tenant’s Tower Equipment or Tenant’s Communication Facility or any other improvement made by Tenant on the Property, remaining on the Property sixty (60) days after the Termination Notice may be removed by Landlord which removal shall be at Tenant’s cost and expense, or at Landlord’s discretion, the Tenant’s Tower Equipment and Tenant’s Communication Facility may become the property of the Landlord free of any claim by Tenant or any person claiming through Tenant. If Tenant fails to remove Tenant’s Communication Facility or any other improvements including the Tower Equipment within said sixty (60) day period, the Tenant shall pay to Landlord, notwithstanding the termination of this Lease, Rent in an amount equal to 150% of the amount of Rent that would have been due for the period of time that the Tenant’s Tower Equipment and/or Tenant’s Communication Facility remains on the Property. 12.INSURANCE. Tenant agrees to obtain and maintain during the term of this Lease the insurance coverages set forth in Exhibit “C”. 13.DEFENSE AND INDEMNIFICATION. a. General. Tenant agrees to defend, indemnify and hold harmless Landlord and its electe d officials, officers, employees, agents, and representatives, from and against any and all third -party claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which the Landlord may be liable due to or arising out of any act or omission of Tenant, its employees, agents, contractors or officers, or out of a breach of any representation, warranty or covenant of Tenant contained or incorporated in this Lease , all except those which arise solely or in part from the negligence or misconduct of Landlord, or its respective employees, agents or contractors. Tenant shall further defend and indemnify all third -party claims of any kind or nature arising out of the installation, o peration, use, maintenance, repair or removal of the Tenant’s Tower Equipment or City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 18 222181v1 17 Tenant’s Communication Facility on the Property or Leased Premises , except those which arise solely or in part from the negligence or misconduct of Landlord, or its representatives, employees, agents or contractors . b.Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises, except as expressly set forth herein. The obligations of this Paragraph 13 shall survive the expiration or other termination of this Lease. c.Hazardous Materials. Without limiting the scope of Subparagraph 13a and 13b above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all third -party claims, costs, and liabilities, including reasonable attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises associated with the Tenant's use of Hazardous Materials. For the purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, ba tteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. However, Tenant shall have no liability whatsoever with respect to any Haza rdous Materials that were on, about, adjacent to, under or near the Property prior to the Effective Date, or that was generated, possessed, used, stored, released, spilled, treated, transported, manufactured, refined, handled, produced or disposed of on, a bout, adjacent to, under or near the Property by Landlord, its agents, employees, contractors or invitees, or an third party who is not an employee, agent, contractor or invitee of Tenant. Notwithstanding anything to the contrary herein, Tenant shall have the right to store and use standard City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 19 222181v1 18 quantities of batteries and industrial cleaning supplies within Tenant’s Communications Facility without prior notice to Landlord so long as it does so in full compliance with all applicable laws. 14.LIMITATION OF LIABILITY. Notwithstanding anything to the contrary in this Lease, in no event will either party be liable to the other party for, or indemnify the other party against, punitive, indirect, incidental, special or consequential damages, including, without limitation, loss of profits, income or business opportunities; provided, however, that this provision shall not release or reduce Tenant's obligation to pay Rent to the Landlord in accordance with the terms of this Lease or to indemnify and/or defend Landlord as provided in Section 13 of this Lease. 15.ASSIGNMENT. This Lease, or Tenant’s rights hereunder, may not be sold, assigned, or transferred in whole or in part, or subleased or sublicensed at any time, without the written consent of the Landlord, except to Tenant's parent, affiliates or subsidiaries, or subsidiaries of its parent, or any party that merges or consolidates with Tenant or Tenant’s parent, or any party that purchases or otherwise acquires all or substantially a ll of Tenant’s stock or assets. Any written consent required in this Section 15 will not be unreasonably withheld, conditioned or delayed. For purposes of this paragraph, an "affiliate" means an entity or person directly or indirectly controlling, controlled by, or under common control with Tenant, and “control” means an entity in which Tenant ow ns at least a 50% interest. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for the purchase of the Tower Equipment to be installed at the Leased Premises subject to Landlord’s rights to retain the Tenant’s Communication Facility and other improvements if Tenant fails to remove them as provided in this Lease. 16.QUIET ENJOYMENT. Tenant, upon paying Rent, shall peaceably and quietly have, hold and enjoy the Leased Premises provided Tenant is not in default under any other covenant or agreement contained in this Lease. Landlord hereby waives any and all lien rights it may have statutory or otherwise concerning the Tenant’s Communication Facility and/or Tenant’s Tower Equipment or City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 20 222181v1 19 any portion thereof which shall be deemed personal property for the purposes of this Lease, whether or not the same is deemed real or personal property under the applicable laws, and Landlord gives Tenant, the right to remove all or any portion of Tenant’s Communication Facility and/or Tenant’s Tower Equipment from time to time, whether before or after default under the Lease, in Tenant’s sole discretion and without Landlord’s consent, subject to the obligations of the Tenant to remove the Tenant’s Tower Equipment and/or Tenant’s Communication Facility as set forth in this Lease. 17.DAMAGE OR DESTRUCTION. If the Tenant’s Tower Equipment, Tenant’s Communication Facility or any portion thereof is destroyed or damaged so as to materially hinder the effective use of the Tenant’s Tower Equipment and/or Tenant’s Communication Facility by Tenant through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) da ys' written notice to Landlord. In such event, all rights and obligations of the parties shall cease (except as to the Tenant’s obligations under this Lease to remove Tenant’s Tower Equipment and/or Tenant’s Communication Facility under Paragraph 11c ) as of the date of the notice to Landlord and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then the Rent shall abate for a period of sixty (60) days or until Tenant’s Tower Equipment and/or Tenant’s Communication Facility is restored to the condition existing prior to the damage or destruction, whichever is earlier. 18.CONDEMNATION. In the event the whole of the Leased Premises and/or Property is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of the date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 21 222181v1 20 portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing Tenant’s Tower Equipment and/or Tenant’s Communication Facility. 19.NOTICES. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given as of the date of personal delivery or upon the date mailed, certified mail, return receipt requested, or date delivered by a nationally recognized overnight courier service, to the following addresses or to any other address of Tenant or Landlord that is given from time to time to the other party pursuant to this provision, regarding written notice: If to Landlord: City of St. Louis Park 5005 Minnetonka Blvd St. Louis Park, MN 55416 Attn: City Manager with copy to: St. Louis Park City Attorney Campbell Knutson, P.A. 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 If to Tenant: Dish Wireless L.L.C. Attn: Lease Administration/MNMSP00032B 5701 South Santa Fe Drive Littleton, Colorado 80120 20.M ISCELLANEOUS: a.Representations and Warranties. Landlord represents and warrants that: (i) Landlord has full authority to enter into and sign and perform its obligations under this Lease ; (ii) there are no covenants, easements or restrictions that prevent Tenant’s use of the Leased Premises; and (iii) the Property, Tower and Leased Premises are in good repair and in compliance with all applicable laws. City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 22 222181v1 21 b.Complete Lease; Amendments. This Lease supersedes all prior discussions a nd negotiations and contains all agreements and understandings between the Landlord and Tenant. This Lease may only be amended in writing signed by all parties. All Exhibits are incorporated into this Lease by reference. c.Counterparts . This Lease may be signed in counterparts by the parties hereto each of which counterparts shall be considered an original. d.Binding Effe c t. The terms and conditions of this Lease shall run with the Property, inure to the benefit of and be binding on the respective parties and their respective successors and permitted assignees. Should Landlord, at any time during the term of the Lease, sell or transfer any part of the Tower, the Leased Premises or the Property to a purchaser other than Tenant, such transfer shall be subject to this L ease and Landlord shall require any such purchaser or transferee to recognize Tenant’s rights under the terms of this Lease in a written instrument signed by the third party transferee. e.Enforceme nt and Attorneys' Fees . The prevailing party in any action or proceeding in court to enforce the terms of this Lease including any appeals shall be entitled to receive its reasonable attorney's fees and other reasonable costs and expenses from the non-prevailing party. f.Governing Law . This Lease shall be construed in accordance with the laws of the State of Minnesota. g.Severab ilit y . If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. h.Memorandum of Lease . Landlord and Tenant agree that upon the request of the Landlord or Tenant to sign a Memorandum of Lease in the form acceptable to both parties which may be recorded in the Office of the Hennepin County Recorder by either party. City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 23 222181v1 22 i.Estoppel Information. Each party agrees to furnish to the other, within thirty (30) days after request, such truthful estoppel information as the other may reasonably request relating to this Lease. j.Brokers. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker in this transaction, that party shall be fully responsible for any fee due such broker, and shall hold the other party harmless from any claims for commission by such broker. k.No Waiver. No pr ovision of this Lease will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other a ct or omission of either party. No waiver by either party of any provisions of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. l.Recitals. The Re citals set forth above and the terms therein are hereby incorporated in this Lease as though they were set forth in the body hereof. m.Landlord Ma intenance of the Tower. Landlord shall operate the Property and Tower throughout the term of this Lease in compliance with all applicable laws, and shall at all times throughout the term of this Lease maintain, at its sole cost and expense, the Tower and Property, including, without limitation, the lighting systems, transmission lines and equipment in good operating condition. n.Structure U nfit for Tenant’s Use . If all or a substantial portion of the Tower is destroyed, damaged or otherwise unfit for Tenant’s occupancy and the Tower cannot be restored, or rebuilt, by Landlord within thirty (30) days to a condition which is fit for Tenant’s occupancy, then Tenant may elect to immediately terminate this Lease by written Notice to Landlord. Landlord shall inform Tenant whether Landlord intends to rebuild, repair or replace the Tower as soon as possible under the circumstances, but in all cases within ten (10) days following Landlord’s discovery of such City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 24 222181v1 23 condition. If Tenant does not elect to terminate this Lease, then Landlord shall promptly commence and diligently pursue to completion the restoration or repair of the Tower in accordance with prevailing industry standards, at Landlord’s sole cost and expense. IN WITNESS WHEREOF the parties hereto have executed this Lease as of the day and year first above written. LANDLORD: CITY OF ST. LOUIS PARK Dated: _______________, 2022 BY: _______________________________ Name: Jake Spano Title: Mayor Dated: _______________, 2022 BY: _______________________________ Name: Kim Keller Title: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2022, by Jake Spano and by Kim Keller , the Mayor and City Manager, respectively, 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 September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 25 222181v1 24 TENANT: DISH WIRELESS L.L.C. Date: _______________, 2022 BY: ______________________________ Name: _______________________ Title: _______________________ STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2022, by __________________________________, the ____________________, of DISH Wireless L.L.C., a Colorado limited liability compa ny on behalf of the company. _____________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON, P.A. [JJM] 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 26 222181v1 25 LIST OF EXHIBITS E xhibit “A”: Legal Description of the Property E xhibit “B” Plans and Specifications E xhibit “C” Tenant’s Required Insurance E xhibit “D” Memorandum of Lease City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 27 218685v1 Tenant Site I.D. #: MNMSP00032B Site Name: Park Glen EWT EXHIBIT "A" to COMMUNICAITON SITE LEASE AGREEMENT LEGAL DESCRIPTION OF PROPERTY: L ot Three (3), Block Two (2), Beltline Business Park, Hennepin County, Minnesota according to the recorded plat thereof. (See attached Survey) City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 28 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 29 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 30 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 31 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 32 218685v1 Tenant Site I.D. #: MNMSP00032B Site Name: Park Glen EWT EXHIBIT “B” to COMMUNICAITON SITE LEASE AGREEMENT PLANS AND SPECIFICATIONS (See attached Plans and Specifications) City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 33 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen RoadPage 34 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen RoadPage 35 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen RoadPage 36 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen RoadPage 37 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen RoadPage 38 218685v1 Tenant Site I.D. #: MNMSP00032B Site Name: Park Glen EWT EXHIBIT “C” to COMMUNICATION SITE LEASE AGREEMENT TENANT’S REQUIRED INSURANCE a.Worker's Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes, rules and regulations. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disea se, each employee. b.Gene r al Liability . The Tenant must maintain an occurrence form commercial general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage and personal injury, for the hazards of Premis es/Operation, broad form contractual liability, independent contractors, and products/completed operations. T he Te na nt must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; and $2,000,000 general aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. c.A utom obile Liability . The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of rides afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. C overage shall be provided by Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. T he Commercial Automobile Policy shall include at least s tatutory personal injury protection, uninsured motorists and underinsured motorists coverages. d.T enant P roperty Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be for the full insurable value and be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. e.Hazardous Materials Coverage. Tenant must carry sufficient coverage, to the re asonable satisfaction of Landlord, for damage caused by Hazardous Materials. City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 39 218685v1 f.Excess Liability. Tenant shall also maintain an umbrella or excess liability insurance policy with a combined single limit of $5,000,000.00 which provides coverage in excess of all other coverages (except Workers’ Compensation) required to be maintained by Tenant under this Lease. g.A dditiona l Insured - Certificate of Insurance. The Tenant shall provide evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A or better), licensed to do business in the State of Minnesota, which includes all coverages required in this Paragraph. Tenant will name the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be cancelled without thirty (30) days prior written notice to the Landlord. City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 40 218685v1 EXHIBIT “D” to COMMUNICATION SITE LEASE AGREEMENT M EMORANDUM of Communication Site Lease Agreement THIS MEMORANDUM evidences that a Communication Site Lease Agreement was made and is hereby entered into by written Communication Site Lease Agreement effective the ______ day of ____________, 2016 between the CITY OF ST. LOUIS PARK (“Owner”) whose address is as set forth below and DISH WIRELESS L.L.C., a Colorado limited liability company (“Tenant”), whose address is 9601 S. Meridian Blvd. Englewood, Colorado 80112, the terms and conditions of which are incorporated herein by reference. Such Communication Site Lease Agreement provides, in part, the Owner, for valuable consideration, leases to DISH WIRELESS L.L.C. a part of that certain property owned by Owner which is described in Exhibit “A” attached hereto and incorporated herein for a term of five (5) years commencing on installation of Tenant’s Communication Facility or November 1, 2022 (“Commencement Date”) , which term is subject to four (4) additional five (5) year option terms. [Reminder of page intentionally left bla nk. Signature page follows.] City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 41 218685v1 IN WITNESS WHEREOF the parties hereto have executed the Memorandum Communication Site Lease Agreement as of the day and year written. LANDLORD: CITY OF ST. LOUIS PARK Dated: _______________, 2022 BY: _______________________________ Name: Jake Spano Title: Mayor Dated: _______________, 2022 BY: _______________________________ Name: Kim Keller Title: City Manager TENANT: DISH WIRELESS L.L.C. Date: _______________, 2022 BY: ______________________________ Name: _______________________ Title: _______________________ [Rema inder of page intentionally left blank. Acknowledgement page follows.] City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 42 218685v1 Landlord’s Acknowledgement STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2016, 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 municipal corporation, and pursuant to authority granted by its City Council. N otary Public T enant ’s Acknowledgement STATE OF ___________ ) ) ss. COUNTY OF_________ ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2022, by __________________________, the ______________________________________________ of DISH WIRELESS L.L.C., a Colorado limited liability company, on behalf of the limited liability company. _____________________________________ Notary Public City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 43 218685v1 EXHIBIT A Legal Description of the Property P roperty Address : 5100 Par k Glen Rd, Saint Louis Park, MN 55416 Parcel Identification Number: 06-028-24-32-0021 Legal Description of the Property: Lot Three (3), Block Two (2), Beltline Business Park, Hennepin County, Minnesota according to the recorded plat thereof. City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 44 218685v1 EXHIBIT B The Premises City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 45 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 46 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 47 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 48 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 49 Upon Recording, Return to: DISH Wireless L.L.C. Attention: Lease Administration 5701 S. Santa Fe Dr. Littleton, CO 80120 Re: MNMSP00032B (Space above for Recorder’s Office) MEMORANDUM of Communication Site Lease Agreement THIS MEMORANDUM evidences that a Communication Site Lease Agreement was made and is hereby entered into by written Communication Site Lease Agreement effective the ______ day of ____________, 2016 between the CITY OF ST. LOUIS PARK (“Owner”) whose address is as set forth below and DISH WIRELESS L.L.C., a Colorado limited liability company (“Tenant”), whose address is 9601 S. Meridian Blvd. Englewood, Colorado 80112, the terms and conditions of which are incorporated herein by reference. Such Communication Site Lease Agreement provides, in pa rt, the Owner, for valuable consideration, leases to DISH WIRELESS L.L.C. a part of that certain property owned by Owner which is described in Exhibit “A” attached hereto and incorporated herein for a term of f ive (5) years commencing on installation of Tenant’s Communication Facility or November 1, 2022 (“Commencement Date”) , which term is subject to four (4) additional f ive (5) year option terms. [Reminder of page intentionally left blank. Signature page follows.] Tenant Site Number: MNMSP00032B City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 50 Tenant Site Number: MNMSP00032B IN WITNESS WHEREOF the parties hereto have executed the Memorandum Communication Site Lease Agreement as of the day and year written. LANDLORD: CITY OF ST. LOUIS PARK Dated: _______________, 2022 BY: _______________________________ Name: Jake Spano Title: Mayor Dated: _______________, 2022 BY: _______________________________ Name: Kim Keller Title: City Manager TENANT: DISH WIRELESS L.L.C. Date: _______________, 2022 BY: ______________________________ Name: _______________________ Title: _______________________ [Remainder of page intentionally left blank. Acknowledgement page follows.] City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 51 Tenant Site Number: MNMSP00032B Landlord’s Acknowledgement STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknoledged before me this ____ day of ___________, 2016, 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 municipal corporation, and pursuant to authority granted by its City Council. Nota ry Public Tenant ’s Acknowledgement STATE OF ___________ ) ) ss. COUNTY OF_________ ) The f oregoing instrument was acknowledged before me this ____ day of ___________, 2022, by __________________________, the ______________________________________________ of DISH WIRELESS L.L.C., a Colorado limited liability company, on behalf of the limited liability company. _____________________________________ Notary Public City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 52 Tenant Site Number: MNMSP00032B EXHI BIT A Legal Description of the Property Property Address : 5100 Park Glen Rd, Saint Louis Park, MN 55416 Parcel Identification Number: 06-028-24-32-0021 Legal Description of the Property: Lot Three (3), Block Two (2), Beltline Business Park, Hennepin County, Minnesota according to the recorded plat thereof. City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 53 Tenant Site Number: MNMSP00032B EXHIBIT B The Premises (See attached Survey) City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 54 Wireless ServicesPBMREGISTER E D L A NDS U R VEYORROSS R. WAMRE 45334 MI N N E S O TAOWNER : CITY O F S T . L O U I S P A R K PIN#: 060282 4 3 2 0 0 2 1 PART O F T H E SW 1/4 O F SECTIO N 6 -T28N-R24W N CED A R L A K E R E G I O N A L T R A I L (175' PUB L I C R . O . W . ) (ASP H A L T ) PARK G L E N R D . (50' PUBL I C R . O . W . ) (ASPHA L T ) NW 1/4 O F SECTIO N 6 -T28N-R24W LOT 3 BLOC K 2 BELTLI N E B U S I N E S S P A R K LOT 2 BLOC K 2 BELTLI N E BUSINE S S PARK STATE HWY NO 100(PUBLIC R.O.W. VARIES)(ASPHALT)REGISTERE D L A NDS U R VEYORROSS R. WAMRE 45334 MI N N E S O TACity council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 55 NW 1/4 SW 1/4 SE 1/4 NE 1/4 Wireless ServicesPBMPARK GLEN RD. (PUBLIC R.O.W. VARIES) (ASPHALT) OWNER : CITY O F S T . L O U I S P A R K PIN#: 060282 4 3 2 0 0 2 1 PART O F T H E SW 1/4 O F SECTIO N 6 -T28N-R24W City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 56 Wireless ServicesPBMBELTLI N E B U S I N E S S P A R K ADDITI O N BLOCK 2 LOT 3 PART O F T H E SW 1/4 O F SECTIO N 6 -T28N-R24W N CED A R L A K E R E G I O N A L T R A I L (175' PUB L I C R . O . W . ) (ASP H A L T ) PARK G L E N R D . (50' PUBL I C R . O . W . ) (ASPHA L T ) PARK G L E N R D . (50' PUBL I C R . O . W . ) (ASPHA L T )BELT L INE B LVD . (PUB L IC R .O .W . VAR IES ) (ASPHA LT ) OWNER : CITY O F S T . L O U I S P A R K PIN#: 060282 4 3 2 0 0 2 1 City council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 57 Wireless ServicesPBMCity council meeting of September 19, 2022 (Item No. 4k) Title: Lease agreement for cellular antennas at 5100 Park Glen Road Page 58 Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4l Executive summary Title: Electronic funds transfer delegation of authority and authorize credit card officers Recommended action: Motion to adopt Resolution delegating authority to make electronic fund transfers to the finance director and designating authorized staff as credit card officers. Policy consideration: Not applicable Summary: Minnesota Statute, section 471.38, subdivision 3 requires formal approval to authorize electronic funds transfers. If the proper controls are in place, a charter city may make electronic funds transfers for various types of claims. The purpose of formally delegating the authority to make electronic transfers is to comply with Minnesota legal compliance standards which are tested by the external auditors during the annual audit. Previously the statute applied only to school districts but was expanded to also include charter cities. Without the delegation and proper controls the city would not be allowed to complete electronic funds transfers, which would impede some of the current business practices. We do process electronic payments currently, and the update of the statute requires us now to adopt a resolution annually. The city council must annually delegate its authority to a business administrator or finance director or the officer’s designee. In addition, controls should be established around documentation, initiation, communication, and approval requirements. The city currently has the proper controls in place but also needs to formally delegate electronic funds transfer authority to the chief financial officer in order to utilize this process. In addition to the transfer delegation, our credit card company is requiring we have authorized credit card officers to manage our accounts with TCM Bank. Credit card officers need to be appointed by resolution in order to manage and maintain the city’s credit card accounts. Financial or budget considerations: None Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Melanie Schmitt, finance director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 4l) Page 2 Title: Electronic funds transfer delegation of authority and authorize credit card officers Resolution No. 22-____ Resolution delegating authority to make electronic funds transfer and authorizing credit card officers Whereas, electronic funds transfer is the process of value exchange via mechanical means without the use of checks, drafts, or similar negotiable instruments. Whereas, in accordance with Minnesota Statute 471.38, a local government may make an electronic funds transfer for the following: (1) for a claim for a payment from an imprest payroll bank account or investment of excess money; (2) for a payment of tax or aid anticipation certificates; (3) for a payment of contributions to pension or retirement fund; (4) for vendor payments; and (5) for payment of bond principal, bond interest and a fiscal agent service charge from the debt redemption fund. Whereas, the city utilizes electronic funds transfer for disbursements related to the transmittal of payroll, payroll withholdings, debt service payments and other disbursements. Whereas, Statute 471.38 requires that certain controls be enacted in order for a local government to utilize electronic funds transfer, including that the governing body annually delegate the authority to make electronic funds transfers to a designated business administrator or chief financial officer or the officer’s designee. Whereas, the city must designate corporate officers for all city credit card accounts and are allowed to: (1)Manage all city credit card accounts (2)Issue new credit card accounts to other designated officers or employers (3)Close credit card accounts for other designated officers or employees (4)Speak with the credit card company on behalf of any city credit card account (5)Handle all business needs as it relates to city credit card accounts Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that: 1.Pursuant to Minnesota Statute 471.38 the city council delegates the authority to make electronic funds transfers on behalf of the city to the city’s chief financial officer or their designee. 2.The chief financial officer is directed to take all steps necessary for compliance with Minnesota Statute 471.38. 3.This delegation of authority shall remain in effect until superseded by a subsequent resolution. 4.The following Staff are authorized as credit card officers: a.Finance Manager b.Accounting specialist City council meeting of September 19, 2022 (Item No. 4l) Page 3 Title: Electronic funds transfer delegation of authority and authorize credit card officers c.Senior accountant d.Accounting supervisor e.Finance director Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4m Executive summary Title: Statutory tort limits for liability insurance Recommended action: Motion to adopt Resolution electing not to waive the statutory tort limits for liability insurance. Policy consideration: Not applicable Summary: Each year the council is required to pass a resolution indicating if they wish to waive or not waive the monetary limits on municipal tort liability insurance established by Minnesota Statute 466.04. The statutory liability limits for claims that occur after July 1, 2009 are $500,000 per claimant and $1,500,000 per occurrence. The city council must review and make an election of one of the following three options: •Not to waive the statutory tort limits (staff recommendation) •Waive the limits and not purchase excess liability coverage. •Waive the limits and purchase excess liability coverage The three options are explained in more detail in the background section of this report. Financial or budget considerations: The city will continue to maintain liability insurance coverage through the League of Minnesota Cities Insurance Trust in the amount required by State Statute, and the required annual motion will be in place in preparation for the new policy year. Strategic priority consideration: Not applicable. Supporting documents: Discussion Resolution Prepared by: Melanie Schmitt, finance director Approved by: Cindy S. Walsh, deputy city manager City council meeting of September 19, 2022 (Item No. 4m) Page 2 Title: Statutory tort limits for liability insurance Discussion Background: The three options the city council has are detailed below. The city’s practice has been option 1, to not waive the statutory tort limits. Staff recommends the council continue with this practice. Option 1 (recommended) If the city elects not to waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence would be limited to $1,500,000. Option 2 If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. Option 3 If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. The City of St. Louis Park in the past has elected to not waive the statutory tort limits and has not purchased excess liability coverage. Staff recommends continuing this practice to not waive the statutory limits. The following resolution allows the statutory tort limits to remain in place until the council changes this election. Staff will ask council to consider this question annually as required by the League of Minnesota Cities Insurance Trust. City council meeting of September 19, 2022 (Item No. 4m) Page 3 Title: Statutory tort limits for liability insurance Resolution No. 22-____ Resolution electing not to waive the statutory tort limits for liability insurance Whereas, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has requested the City to make an election with regard to waiving or not waiving its tort liability established by Minnesota Statute 466.04; and Whereas, the choices available are to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, or to waive the limit and to add additional insurance coverage; Now therefore be it resolved that the St. Louis Park City Council does hereby elect not to waive the statutory tort liability limit established by Minnesota Statute 466.04 and that such election is effective until amended by further resolution of the St. Louis Park City Council. Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4n Executive summary Title: Replace 2008 Sterling L8500 Dump Truck (unit #0719) Recommended action: Recommend approval to replace a 2008 Sterling L8500 Dump Truck. Policy consideration: Approve the purchase of a replacement for the 2008 Sterling L8500 Dump Truck (unit #0719). Summary: Our 2008 Sterling L8500 is a 15-year-old dump/plow truck and is scheduled to be replaced in the 2022 capital improvement plan. This type of vehicle performs maintenance duties including snow removal, asphalt repair and general hauling for all city departments. Staff has reviewed the replacement and based on age, condition and salvage value, it is recommended to be replaced as planned. The replacement truck will be a similar build. The replacement will be made via the State of Minnesota cooperative purchasing venture with BOYER Trucks (Chassis) and MONROE TOWMASTER, LLC. (truck body and snow equipment installer) and since it is over the bid amount of $175,000 staff is bringing to council for approval. Financial or budget considerations: The old vehicle will be auctioned, and proceeds will go to the capital replacement fund. The new vehicle, including cab, chassis, plow and sander attachments is budgeted in the amount of $327,727.00 and the estimated replacement amount is $276,129.54. 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: None Prepared by: Tom O’Donnell, fleet manger Reviewed by: Melanie Schmitt, finance director Jason West, parks and recreation director Approved by: Kim Keller, city manager Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4o Executive summary Title: DWI/Traffic Safety Police Officer Grant Program Recommended action: Motion to adopt Resolution approving a fiscal year 2023 grant awarded to the St. Louis Park police department to fund a full-time DWI/Traffic Safety police officer. Policy consideration: Does council wish to authorize the acceptance of the fiscal year 2023 grant awarded to the St. Louis Park police department to fund a full-time DWI/Traffic Safety police officer? Summary: On September 12, 2022, the council reviewed the executive summary associated with the DWI/Traffic Safety police officer grant program. The program primarily seeks to detect and interdict impaired driving with a significant focus on dangerous driving behaviors including speeding, distracted driving, and occupant protection; priorities that are addressed through both enforcement and education strategies. The program funds up to $125,125 per grantee during the award period, covering salary, overtime, and fringe benefits. Only activities directly associated with the DWI/Traffic safety grant program are eligible for reimbursement, with no equipment costs covered. The grant operational period coincides with the federal fiscal year of October 1, 2022, to September 30, 2023. Questions from council members on September 12, 2022 were mainly limited to understanding the future availability of funding dollars associated with the program. As the federally funded program is anticipated to be in place well into the future, council members affirmed their support of the grant program, seeking to move the item to the consent agenda on September 19, 2022. Financial or budget considerations: None Strategic priority consideration: •St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. •St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution DWI/Traffic Safety officer request for proposal Prepared by: Mike Harcey, police chief Bryan Kruelle, deputy police chief Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 4o) Page 2 Title: DWI/Traffic Safety Police Officer Grant Program Resolution 22-___ Resolution approving state of Minnesota, Department of Public Safety, grant award and agreement with the City of St. Louis Park associated with a full time DWI/Traffic Safety Officer Whereas, the city of St. Louis Park on behalf of its police department desires to enter into an agreement with the State of Minnesota, Department of Public Safety, to fund a full time DWI/Traffic Safety Officer. The grant award agreement stipulates the DWI/Traffic Safety Officer will work primarily to detect and interdict impaired drivers as well as focusing on dangerous driving behaviors to include speeding, distracted driving, and occupant protection while the grant award period is in effect. Now therefore be it resolved by the city council of St. Louis Park, Minnesota as follows: 1. That the city of St. Louis Park on behalf of its police department enter into a grant agreement with the Minnesota Department of Public Safety, for the DWI Officer grant during the period from October 1, 2022, through September 30, 2023. 2. Mayor Jake Spano and City Manager Kim Keller, or successors, are hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the city of St. Louis Park and to be the fiscal agent and administer the grant. Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Page 1 State of Minnesota - Department of Public Safety Request for Proposal - Federal Fiscal Year 2023 DWI/Traffic Safety Officer •Responses must be received not later than 4:00pm, on July 22, 2022. •Late responses will not be considered. Overview The Minnesota Department of Public Safety (DPS), Office of Traffic Safety (OTS) is seeking proposals from law enforcement agencies for a full time DWI/Traffic Safety Officer. The DWI/TS officer will work the peak nights and times when data indicates impaired driving is most likely to occur. While primarily seeking to detect and interdict impaired drivers, the DWI/TS Officer will also focus on the dangerous driving behaviors of speeding, distracted driving and occupant protection. The Minnesota DPS-OTS has a mandate to promote the safety of those who use public roadways. The National Highway Traffic Safety Administration (NHTSA) provides federal funding to the DPS-OTS to design and implement Minnesota’s highway safety program to reduce traffic crashes and the deaths, injuries, and property damage resulting from those crashes to fulfill this mandate. The DPS-OTS and NHTSA seek to support a traffic safety program which: •prevents injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits, •encourages the proper use of occupant protection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles, •prevents injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance, •to prevent crashes and reduce injuries and deaths resulting from crashes involving motor vehicles and motorcycles, •prevents injuries and deaths resulting from crashes involving school buses, •prevents crashes resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles), •improves law enforcement services in motor vehicle crash prevention, traffic enforcement supervision, and post-crash investigation procedures, •increases driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities, •improves driver performance through •driver education, •driver testing to determine proficiency to operate motor vehicles, and •driver examinations (physical, mental, and driver licensing), •improves pedestrian performance and bicycle safety, and •provides for •an effective record system of crashes (including resulting injuries and deaths), •crash investigations to determine the probable causes of crashes, injuries, and deaths, •vehicle registration, operation, and inspection, and •emergency services. City council meeting of September 19, 2022 (Item No. 4o) Title: DWI/Traffic Safety Police Officer Grant Program Page 3 Page 2 NHTSA requires the DPS-OTS to develop performance measure targets in key traffic safety behavior areas and report yearly on progress toward achieving our goals. These performance standards measure the level of Minnesota’s success in moving the bar Toward Zero Deaths. Available Funding Funding will be allocated through a competitive process with review by a committee representing content and community specialists with regional law enforcement knowledge. We expect to announce selected grantees in late July, 2022. If selected, you may only incur eligible expenditures when the grant contract agreement is fully executed and the grant has reached its effective date. Type of Federal/State Funds Funding provided by NHTSA includes the following types of funding: •Section 405D – Impaired Driving (CFDA # 20.616) For impaired driving enforcement. •Section 402 PT – Police Traffic Services (CFDA # 20.600) For speed, distracted and move over enforcement. These funds can also be used to support other campaigns as needed when approved by the DPS-OTS grant coordinator. Amount of Grant Funds Up to $125,125.00 per grantee This amount includes the Toward Zero Deaths Conference registration costs. Approximate number of grants intended 25 General Funding Rules DWI/TS Officer salary, including OT and fringe while performing duties related only to this grant. Agency Match Expenses that are paid for with state, county, municipal and/or private funding demonstrate a vested interest and commitment to the program and should be reported. Agencies should claim matching funds such as: •Vehicle mileage calculated at the current IRS rate of (currently $0.585/mile, but subject to change on 1/1/2023) •Any time the DWI/TS Officer is on duty but is prompted to assist other officers •Any agency expense incurred in support of this project (i.e., purchase of a dedicated patrol vehicle and/or equipment for a dedicated patrol vehicle) Equipment The project does not allow for the reimbursement of equipment. Reimbursement of Funds The grant will coincide with the federal fiscal year which begins October 1, 2022 and ends September 30, 2023 and will cover funding for the salary of one full time DWI/TS Officer up to $125,125.00 (up to $125,000 in DWI/TS Officer Salary plus up to $125 for TZD registration). NHTSA guidelines stipulate that general types of police services normally provided to the public, cannot be reimbursed through grant funds (supplanting). City council meeting of September 19, 2022 (Item No. 4o) Title: DWI/Traffic Safety Police Officer Grant Program Page 4 Page 3 Agencies with a currently funded DWI/TS Officer are eligible to apply for a continuation and will be evaluated using the stated application data and on past performance. In order to receive any funding for the Federal Fiscal Year 2023, the agencies must submit an application. Applicant agencies must have a complement of at least 20 sworn peace officers. The grant funds are to be used for DWI and Traffic Safety enforcement and are available on a cost reimbursement basis. Costs are reimbursed after they are incurred and paid by the grantee agencies. As a result, applicant agencies must have “start-up” monies available. Recipients must submit invoices for reimbursement on a quarterly basis. Officer time and fringe benefits that are reimbursed through this grant must be for actual hours spent on DWI and Traffic Safety enforcement and other eligible time as discussed on page 2. Only the employer’s portion of fringe benefits is eligible for reimbursement. The State has an obligation to determine if costs to be reimbursed by this grant contract are reasonable. If requested, the grantee must furnish an explanation of the basis for such rates. Reimbursement requests will use the 2023 DWI/TS Officer invoice spreadsheet here. Administration of Grant Administrator time will not be covered by the grant and should be calculated as agency matching funds. Eligibility Eligible applicants for this RFP are Minnesota city police departments, county sheriff’s offices, University police departments and Native American Tribal police agencies with a compliment of at least 20 sworn peace officers. Private companies and organizations are not eligible. Agencies applying must utilize the state’s e-Charging platform for processing impaired drivers. County Population, VMT and Behavioral Measures from 2017-2021 crash data will be used to identify counties with the greatest need for FFY23 DWI/TS Officer grant funds. For greater impact in preventing traffic-related serious injuries and deaths, applications from counties with traffic deaths and serious injury yearly averages that are at or above 2017-2021 state averages will be given additional consideration. Training Requirements Officers and Deputies working enforcement activities funded by this grant must have at least 2 years- experience as a licensed peace officer and shall have completed the following training prior to working: •IACP’s 16-hour Standardized Field Sobriety Testing (SFST) course •IACP’s Advanced Roadside Impaired Driving Enforcement (ARIDE) or Drugs That Impair Driving (DTID) •Minnesota’s Occupant Protection Usage and Enforcement (OPUE) course Refreshers Officers who last completed an SFST course of any kind before October 1, 2018, must complete an SFST Update class, the online ARIDE course and the online OPUE by Oct. 1, 2023. ARIDE Online – 6 POST credits This course will instruct officers on the difference between alcohol and drug impaired drivers; how they are detected and what can be expected. Officers will learn the observable signs of seven major drug categories, medical conditions that mimic drug influence, and what they will City council meeting of September 19, 2022 (Item No. 4o) Title: DWI/Traffic Safety Police Officer Grant Program Page 5 Page 4 see when they encounter drivers under the influence of specific drugs. This course may be used as ARIDE refresher. •Course access instructions •Frequently asked questions. OPUE Online This course is approximately three hours and will address seat belt, child restraint and air bag history and development. Officers will learn the engineering designs that makes these safety devices an important part of motor vehicles. Officers will be guided through the specifics about these safety devices and how they are protected both when they are occupants as well as when they respond to crashes. If officers in your agency are unable to satisfy these training requirements, contact your DPS-OTS enforcement grant coordinator to request an exception. Potential reasons for exceptions include (but not limited to): •Training is not available within a reasonable travel distance •Low staffing levels •Reduced training budget The Office of Traffic Safety strongly supports enhanced traffic enforcement training. Given the current challenges several law enforcement agencies are facing, we realize these training requirements may prevent some officers from working grant-funded shifts during a time that traffic enforcement is needed more than ever. Any exception to the training requirements will only be for this federal fiscal year. The DWI/TS Officer/Deputy time for SFST, ARIDE, OPUE and their updates will be a reimbursable cost under this grant. Reporting and Invoicing Invoices and Progress Reports are required to be submitted via E-grants to the OTS on the following schedule: •Jan. 23, 2023: All project activity between Oct. 1 and Dec. 31, 2022 •April 17, 2023: All project activity between Jan. 1 and March 31, 2023 •July 16, 2023: All project activity between April 1 and June 30, 2023 •Oct. 22, 2023: All project activity between July 1 and Sept. 30, 2023 Final Report Requirement A final report provides a summary of grant activity during the federal fiscal year. The final report is due Oct. 22, 2023, and should include the following: •Review of activity •Review of goals and objectives •Review of the budget and performance measures •Media and community outreach activities •Describe successes and challenges City council meeting of September 19, 2022 (Item No. 4o) Title: DWI/Traffic Safety Police Officer Grant Program Page 6 Page 5 Collaboration Grantees are required to meet (either in-person or virtually) with their DPS-OTS grant coordinator during the grant period. Successes and challenges will be discussed and well as a review of progress made toward meeting agency goals. Problem Identification The State submits a Highway Safety Plan (HSP) to the National Highway Traffic Safety Administration (NHTSA). The HSP documents the State’s highway safety program that is data-driven in establishing performance targets and selecting the countermeasure strategies, planned activities and projects to meet performance targets. The HSP includes a description of the data sources and processes used by the State to identify its highway safety problems. The OTS uses several crash data sources to determine a county’s problem identification. Minnesota’s Commitment to Diversity and Inclusion The State of Minnesota DPS/OTS values diversity and inclusion and will take that into consideration. County Population, VMT Behavioral Measures (2017-2021) see equity tab. State and County Crash Data Review Crash Facts 2020 and County-Specific Fact Sheets. This will help to determine your DWI/TS Officer. Additional Reports and Statistics can help plan your grant activities. If your county’s data differs from statewide data, contact your grant coordinator to discuss changes to your work plan. DWI Dashboard Maps DWI’s, severe and fatal crashes throughout Minnesota which helps law enforcement agencies coordinate and plan enforcement efforts. DWI Dashboard can be found on MyBCA. Additional Crash Data Resources •County Population, VMT Behavioral Measures (2017-2021) •Worst Alcohol Counties (2017-2021) Occupant Protection •In the past five years (2017-2021) 1,345 motor vehicle occupants died on Minnesota roads Of those fatalities, 463 (34%) did not use their seat belt •Of occupants who were ejected from their vehicle and killed, 67% were unbelted •Recent year-over-year unbelted trends are alarming 2020 was up 44% from 2019 2021 was up 8% from 2020 •Unbelted fatalities occur almost equally between daytime/sunrise (50.2%) and sunset/nighttime (48.7%) •Of MVO fatalities occurring at nighttime, 41% were unbelted •Seatbelt usage is higher in daytime hours. City council meeting of September 19, 2022 (Item No. 4o) Title: DWI/Traffic Safety Police Officer Grant Program Page 7 Page 6 Killed MVOs by Belt Status and Light Condition Daylight Sunrise Sunset Dark Other/Unk Total (2017-2021) Belt Status N % N % N % N % N % N % Not Used 217 29.0% 15 44.1% 17 34.7% 208 41.4% 5 50.0% 462 34.4% Unknown 106 14.2% 7 20.6% 8 16.3% 109 21.7% 2 20.0% 232 17.3% Used 425 56.8% 12 35.3% 24 49.0% 186 37.0% 3 30.0% 650 48.4% 748 100.0% 34 100.0% 49 100.0% 503 100.0% 10 100.0% 1,344 100.0% TZD Conference The TZD Conference is a forum for sharing information on best practices in engineering, enforcement, education and emergency medical/health services and for identifying new approaches to reducing the number of traffic fatalities and life-changing injuries on Minnesota’s roads. The conference will be held Oct. 12-13, 2022, in St. Cloud, Minnesota. More information will be posted to the TZD Conference page as it becomes available. Hotel reimbursement: Several DPS-OTS grants include reimbursement of individual wages, which continues to increase. When funding becomes limited, these programs along with hotel costs are not sustainable. To continue working toward the goal of zero deaths, the DPS-OTS will fund traffic safety activities instead of hotel costs. If your agency will not be able to attend the conference because your agency cannot incur hotel costs, a scholarship program is available. Complete the TZD Hotel Scholarship form can be found on the TZD Conference page. The scholarship is open to all interested individuals. The application deadline is August 1, an executed grant agreement is not necessary to apply. TZD Conference registration fee: The Office of Traffic Safety will continue to pay the $125 TZD Conference registration fee for the DWI/TS Officer, only. DPS-OTS grant coordinators will provide further instructions on how to register after grants are awarded. Grant Monitoring Minn. Stat. §16B.97 and Policy 08-10 Grant Monitoring require the following: •One monitoring visit during the grant period on all state grants of $50,000 and higher •Annual monitoring visits during the grant period on all grants of $250,000 and higher •Conducting a financial reconciliation of grantee’s expenditures at least once during the grant period on grants of $50,000 and higher. For this purpose, the grantee must make expense receipts, employee timesheets, invoices, and any other supporting documents available upon request by the State. City council meeting of September 19, 2022 (Item No. 4o) Title: DWI/Traffic Safety Police Officer Grant Program Page 8 Page 7 Application Process The application and 2023 Work Plan (link to your grant’s work plan) can be found in E-Grants, and completed in its entirety. If the application is accepted, the agency’s authorized representative and/or financial officer will be responsible for compiling information and submitting plans, reports, and invoices to the DPS-OTS. Certifications Program guidelines and federal audit requirements must be distributed and acknowledged by subcontractors or Partner Agencies. Subcontractors and partner agencies must sign that they agree to the certifications and assurances for federal highway safety grants. A section within E-grants application will be provided for the information needed from applying agencies. •Program Guidelines (Attachment A) •Terms and Conditions (Attachment B) •Federal Audit Requirements (Attachment C) Risk Assessment If the grantee will distribute the funds it receives from this grant to another entity for a purpose not related to procurement, the grantee must provide the DPS-OTS Coordinator with a risk assessment of that entity to be reviewed and signed by DPS-OTS. Resolution Process Before a grant may be executed, the lead agency mentioned in the application must provide the DPS-OTS with a resolution from the appropriate city council or county board authorizing its participation in the program. This agency must obtain a resolution from their city council or county board authorizing them to participate in the grant and indicate who is authorized to sign the grant agreement unless the officials below are signing the grant agreement: •Statutory Cities - Mayor and City Clerk •Counties - Board Chair and Clerk of the Board The sample resolution (link to sample resolution) will ensure acceptability by DPS-OTS and quicker processing of awarded grants. Including a grant dollar amount in the resolution will cause problems if the amount awarded is different than the amount requested. If your council or board requires a specific amount, include “or a lesser amount as awarded by the Department of Public Safety” added after the amount is specified. Including the proper name of an authorized official, rather than just a title, will cause problems if the person in that position or office changes. If your council or board requires a specific name as well as title, include “or (his or her) successor (on staff or in office)” added after the name is specified. Selection Criteria and Weight Each application will be reviewed by a team at the DPS-OTS. The review committee will review each applicant on a 100-point scale. Items that will be evaluated in the review process include: • Problem Identification (25/100) • Performance measures outlined in the work plan (30/100) • Equity Score by County (10/100) • Previous grant performance if/when applicable (25/100) • Additional program-specific criteria (10/100) City council meeting of September 19, 2022 (Item No. 4o) Title: DWI/Traffic Safety Police Officer Grant Program Page 9 Page 8 Negotiations on applications may occur; clarification may be needed, hours, plans, or budgets may be modified. Applications must be submitted to the DPS-OTS via e-grants by 4:00 p.m. on (Friday, July 22, 2022). Review Process and Timeline: Once the applications are submitted via e-Grants, the review committee has approximately 3 weeks to evaluate the grant applications, and will respond via email to the applicant no later than (Friday, August 12, 2022). Questions regarding the application and evaluation process must be directed to Duane Siedschlag, by 10:00 a.m., (Thursday, July 14, 2022). Answers to questions that are not specific to a proposal will be posted to the DPS-OTS Website within approximately three business days. Termination of a Grant A grant may be cancelled by the DPS-OTS if any of the following occur: •The grantee failed to have activity during a complete quarter unless approved in advance by the DPS-OTS grant coordinator •The Financial Status Reports (invoices) were submitted one month late at least two times during the grant year unless the grantee was given prior approval from the DPS-OTS coordinator •Two Financial Status Reports were submitted that included ineligible costs. •Other breaches of laws, requirements, rules or procedures by the grantee. A grantee is responsible for letting the DPS-OTS coordinator know whenever the project director will be away from work for fourteen consecutive days or more and for providing the coordinator with contact information on an interim project director during that time period. These rules will not be in effect in the case of a grantee agency affected by an emergency or natural disaster (such as a major fire, flood or tornado). Having a critical staff person or project director quit or otherwise leave is not a natural disaster. If a critical person leaves, the grantee is responsible for notifying their DPS-OTS coordinator and working out a timeline by which duties, reports, and invoices will be resumed with him or her and obtaining that coordinator’s written approval of the plan. Grant Application Instructions Responses to the RFP will be submitted as an application through e-grants. If you are new to the system click on the New User link, on the E-Grants log in page, fill out the form and save. Your request will be reviewed by DPS within a day or two. Instructions on how to use E-Grants are located on the E-Grants home page under Training Materials. City council meeting of September 19, 2022 (Item No. 4o) Title: DWI/Traffic Safety Police Officer Grant Program Page 10 Page 9 Complete the following sections in the application: Certifications - Complete the form in e-Grants By submitting the application, the authorized representative for the applicant organization acknowledges that the following documents have been read in their entirety and acknowledges that the documents will be incorporated in the grant agreement if funds are awarded to the organization: •2023 DWI/TS Officer Request for Proposal •Grant Program Guidelines (Attachment A) •Terms and Conditions (Attachment B) •Federal Audit Requirements (Attachment C) •Approved Work Plan •Approved Budget Agency Information - Complete the form in e-Grants The fiscal lead of the grant is the agency that is applying to enter into the grant agreement with the DPS- OTS and is the legal applicant responsible for fiscal oversight of the project. Pre Award Risk Assessment (Grantee) - Complete the form in e-Grants The federal government requires a pre-award risk assessment for all agencies receiving funds as part of the grant. Pre Award Risk Assessment (OTS Coordinator) – Your DPS-OTS Coordinator will complete this section. Entity SAM Snapshot - Your DPS-OTS Coordinator will complete this section. A System for Award Management (SAM) registration is required for businesses to do federal contracting and for nonprofits to receive grants. The fiscal lead agency must be registered in the sam.gov website. Budget These budget amounts from the work plan must be entered into the budget page in e-Grants. In e- Grants, there are two amounts to enter for each budget item. One is the budgeted amount and the other is the amount for match; funding provided by local agencies for costs not covered by the grant including mileage. Fill in a $0.00 in the match line, but you will still be able to report match during the quarterly invoicing process. Budget Summary This page is populated from the information entered into the budget in e-Grants. Signature Option The DPS allows acceptance of grant agreements and amendments using several signature options. Indicate the type of signature you will use to sign the grant agreement if funds are awarded. City council meeting of September 19, 2022 (Item No. 4o) Title: DWI/Traffic Safety Police Officer Grant Program Page 11 Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4p Official minutes Parks & recreation advisory commission May 18, 2022 – 6:00 p.m. Members present: Rich Bluma, Bruce Cantor, George Foulkes, Leah Hollingsworth, Jay Jaffee and Lisa Proulx Members absent: George Hagemann and Elizabeth Griffin Staff present: Rick Beane, Park Superintendent, Jim Lombardi, Recreation Supervisor, Jason West, Recreation Superintendent, Carrie Mandler, Recording Secretary, Guests: Matt Moran, St. Louis Park Baseball Association Bill Beyer, Historical Society Sonya Rippe, new Commissioner (as of June 1, 2022) 1.Call to order Commissioner Hollingsworth, chair, called the meeting to order at 6:07 p.m. 2.Approval of minutes – April 13, 2022 It was moved by Commissioner Foulkes, seconded by Commissioner Bluma, to approve the meeting minutes of April 13, 2022, as presented. The motion passed 6 – 0. Prior to the presentations, new commissioners were welcomed, and each shared a brief background of their connection to St. Louis Park. Commissioner Jaffee advised he is retired and worked in public health prior to retiring. He has volunteered at Westwood Hills Nature Center for nine years. Commissioner Rippe has lived in St. Louis Park since 2017 and works for the City of Plymouth Parks and Recreation. 3. Presentations a.St. Louis Park Baseball Association (Matt Moran) Matt Moran, St. Louis Park Baseball Association, advised he has been a St. Louis Park resident since January 2004 and involved in the baseball association with his three boys since 2009. He has been a board member since 2013. The association is run completely by volunteers and serve players ages 5 – 19. Mr. Moran referred to the baseball association mission statement which states the association provides a safe environment where children can learn and play baseball. The focus is on player and coach development, where all children can compete and have fun. City council meeting of September 19, 2022 (Item No. 4p) Page 2 Title: Park and recreation advisory commission minutes of May 18, 2022 Participant numbers shifted from 500 pre-pandemic to 400 last season advised Mr. Moran. Participation is on the rise again with 46 teams and 450 players this season. The association’s goal is to provide opportunities for all participants to play at least through their high school freshman year. The Association requires each player, or a family member, to commit to 12 hours per year of volunteer time. Many parents volunteer to coach. Fees have stayed consistent for the last 10 years and businesses can sponsor teams to help keep costs low. There’s an average of 10 to 15 scholarships annually; scholarship requests are never rejected. Mr. Moran advised Little League is open to boys and girls ages 5 – 12. Participants play teams from surrounding communities. The season begins in the gym in March or early April. All 12-year-old participants play majors of which they have six teams at that level this year. Participants play a 20-game season. The association offers continued development opportunities in July and September. Many communities are beginning to shift to club baseball and away from little league, Mr. Moran commented. Last season a St. Louis Park team won the District 1 championship, however, they were defeated in the State championship. If a team progresses through state and national championships, they can advance as high as the Little League World Series. Participants use Skippy field, Northside field and several community parks. Practices are 5:30 – 7 p.m. and 7 – 8:30 p.m. Some fields are shared with softball teams. In response to a question from Commissioner Canter, Mr. Moran advised there are a few younger players on St. Louis Park teams from other communities such as Edina or Minneapolis. Mr. Lombardi commented that softball partners well with youth baseball. In response to a question from Commissioner Proulx, Mr. Moran advised there are girls who will start as young as age 5. Mr. Moran advised Traveling Baseball is the next level for boys and girls ages 13 – 15. He advised there are three levels of play for each age, ranging from the highest level, AAA, to AA and A. At age 14, the players transition to 90-foot fields. The season begins in the gym in March and ends at the end of July. There are currently 130 participants in traveling baseball with tournament opportunities for all teams. There is a wide variety of talent in the St. Louis Park High School Baseball program, Mr. Moran indicated. There were 27 players on the freshman team. The Varsity team was very successful last year, competing all the way to the section championship. He mentioned there was one player on the team who was able to play D-1 at the University of Minnesota. The current high school team started March 15 and games began around April 23. The last regular season game is May 23. Mr. Moran advised St. Louis Park Legion Baseball for ages 16 – 19 is an extension of High School baseball. The season runs from June to early August with Junior and Senior level teams. There are also national tournaments at this level. Mr. Moran advised club teams recruit many of the players and there is a chance Legion Baseball may not exist five to ten years from now. Mr. Moran indicated other communities have different program set ups. City council meeting of September 19, 2022 (Item No. 4p) Page 3 Title: Park and recreation advisory commission minutes of May 18, 2022 Mr. Moran advised overall the fields in St. Louis Park are sufficient, however, some improvements the association would like to request include two portable mounds for Carlson Field, batting cage and bullpen mounds at Paul Frank field, higher lights at Carlson and Dakota fields and a second Iron Mike and new shed at Skippy field. Mr. Moran advised the St. Louis Park Baseball Association is willing to help fund some of the improvements. Looking to the future, Mr. Moran advised baseball, softball, ultimate frisbee, lacrosse and track could all benefit from a dome. He added there are several other communities with fully turfed fields and domes. Mr. Beane advised fully turfed fields are an enormous expense and could cost up to one million dollars per field. He added the St. Louis Park City Council would need to be in agreement and are not showing interest at this time. He addressed some of the requests with Mr. Moran and the Commissioners. There are new lights scheduled for 2026 in the Capital Improvement Program (CIP) beginning with Skippy field; the shed at Skippy field was free and there are no funds to renovate the batting cage area. The Carlson field batting cage is scheduled to be reconstructed this fall and there are staff that can build portable pitching mounds. He added, there are residents with other requests for the Paul Frank field area. Some would like to use the space as an off-leash dog park. Mr. Beane advised he is in favor of the funding partnership with St. Louis Park Baseball Association and added the CIP can be adjusted according to priority. Mr. West thanked Mr. Moran and advised he will put this information in an e-mail for follow-up. Mr. Moran thanked Commissioners for the opportunity to attend their meeting. b. Historical Society (Bill Beyer) Mr. Beyer advised Commissioners on the history of St. Louis Park railroads and the influence of the railroads in St. Louis Park. The historic depot was bought and moved to Jorvig Park in 1969. Commissioners viewed a map of the historic early railroads which ran through the St. Louis Park area. He mentioned the Wooddale light rail station is located right where two former railroads met. The Historical Society is looking for a permanent location and would like the city to consider that area, Mr. Beyer suggested. Jorvig Park is one block west of the Wooddale light rail stop. The Historical Society has contacted Friends of the Arts to create an attractive connection. Mr. Beyer is aware of signage technology that can withstand extensive rain and sun exposure. Mr. Beyer advised the Historical Society envisions a building with a community area, public restrooms, storage, meeting area and covered picnic area in the historic St. Louis Park railroad district. He added that the Historical Society is completely run by volunteers and the current location is not accessible. Commissioners viewed a conceptual site plan. Sewer and water are already at the location. There is enough information in the plan for a builder to provide a reasonably close cost estimate. Mr. Beyer anticipates a cost of approximately City council meeting of September 19, 2022 (Item No. 4p) Page 4 Title: Park and recreation advisory commission minutes of May 18, 2022 $700,000 to $800,000 or more considering the price of building materials in today’s market. Commissioners favored the concept but acknowledged city council would need to approve prior to moving forward. The proposed location is heavily used which would create more exposure to the facility. Mr. Beyer thanked Commissioners and advised they contact him with further questions. 4.Business a.Discuss moving the September 21, 2022, meeting (Jason West) After a short discussion, Commissioners agreed to change the date of the September meeting from September 21 to September 14, 2022. b.Minnehaha Creek Clean up - canceled (Jason West) Mr. West advised the event was cancelled due to a large storm at the beginning of the event. Commissioners agreed not to reschedule, however, the clean-up event can be offered to another group. Commissioners will be invited to join other group(s) who offer to do the clean-up. c.Webster Park Master Plan Update (Rick Beane) Webster Park, located on the west side of Highway 100 and leased from MnDOT, is a park which includes a small community garden and playground, indicated Mr. Beane. Commissioners viewed a map of the area. Following the realignment of Highway 100, the city approached MnDOT who would only allow an additional five-year lease on the property. If MnDOT agrees to a longer lease, the city would like to replace the playground equipment, add a picnic shelter and add a baseball diamond to the park. To provide the best layout of the land, a landscape architect would be hired and discussions with the neighborhood would occur. Staff will keep the Commissioners apprised if the status of the lease changes. 5.Staff communication a.Park Capital Improvement Projects for 2022 (Rick Beane) Mr. Beane updated Commissioners with a review of the 2022 maintenance projects. Additional cameras were added at certain park locations including Wolfe Park and the Skate Park. Graffiti has increased, thus the need for additional surveillance. In response to a question from Commissioner Foulkes, Mr. Beane advised police are contacted if there is an offender. Mr. Beane added Nelson Park will also have additional cameras installed, especially due to its isolated parking lot. The Dakota bridge opened last fall Mr. Beane indicated. There was tree planting, landscaping and artwork installed there as well. Mr. Beane advised his staff are busy cleaning streets after the recent storms, the Arbor Day tree planting event was City council meeting of September 19, 2022 (Item No. 4p) Page 5 Title: Park and recreation advisory commission minutes of May 18, 2022 successful, the city is transitioning some of the grass areas to native pollinator plantings and the State Tree Climbing Championship is at Oak Hill this weekend. Mr. Beane reviewed the Capital Improvement Projects (CIP) for 2022. Some of the projects include repaving and crack sealing numerous trails, repairing trails at Westwood Hills Nature Center, rebuild the chimney in the Depot, upgrades at Webster Park, batting cages at Carlson field at Cedar Knoll Park and three playground replacements. Mr. West added that the Nature Center playground received matching grant funds from the Department of Natural Resources. Commissioner Proulx inquired about playground equipment cost and equipment availability. Mr. Beane advised he has not seen much service interruption or increase in price. Mr. West added this may be attributed to the request for proposal process they use. The budget limits are given in advance and contractors must provide as much as possible within the limits. The city will also partner with schools for funding and seek resident input. Mr. Beane reported he is now almost fully staffed for the summer. There are two Eagle Scout projects this summer as well. Mr. West added that earlier, there was concern they would not have enough summer staff. In response to a question from Commissioner Cantor, Mr. Beane advised he cannot explain why there is sudden interest and change in staffing. b.Nelson Park Basketball Court StockX Mr. West advised with the help of Page Bueckers, local women’s basketball hero, and Jamad Finn, another women’s basketball star, StockX will create and sponsor a community basketball court for St. Louis Park. Mr. West advised the project will be of no cost to the City of St. Louis Park including the contactor, however, their name will be placed in the paint design. The court design process will collaborate with Project Backboard and be created by local artists. The new space will be used to host larger events. Mr. West advised a recommendation is requested to move forward with the basketball court. It was moved by Commissioner Foulkes, seconded by Commissioner Hollingsworth, to approve the StockX /Nelson Park basketball court project as presented. The motion passed 7 – 0. c.Juneteenth Event (Jason West) Mr. West indicated the city is hosting a Juneteenth event at the ROC. The Juneteenth committee is working with Black Market to help find vendors and entertainment for the event. Commissioner Cantor commented he is happy the city and schools are together on this. Mr. West encouraged Commissioners to attend and added information will be on social media. City council meeting of September 19, 2022 (Item No. 4p) Page 6 Title: Park and recreation advisory commission minutes of May 18, 2022 d.June 15th meeting added The Planning Commission requested the Parks and Recreation Advisory Commission hold a special meeting in June for the proposed development of Wooddale Station Apartments. Commissioner Hollinsworth inquired if this meeting is for a Park and Trail dedication. Mr. West advised that is correct and inquired if the Commissioners would be willing to meet at city hall to simplify the process for the planners who have another meeting immediately following the Parks and Recreation Advisory Commission meeting. Commissioners agreed to meet June 15 at 5:30 p.m. at city hall for the meeting. 6.Member communication In response to a question from Commissioner Cantor, Mr. West advised the next scheduled meeting (after the June 15 special meeting) will be held August 17. Mr. West and Commissioners thanked Commissioner Bluma, Commissioner Hagemann and Commissioner Griffin for their service. 7. Adjournment It was moved by Commissioner Cantor, seconded by Commissioner Bluma, to adjourn the meeting at 7:47 p.m. The motion passed 7 – 0. Meeting: City council Meeting date: September 19, 2022 Consent agenda item: 4q Official minutes Parks & recreation advisory commission June 15, 2022 – 5:30 p.m. Members present: Bruce Cantor, George Foulkes, George Hagemann, Leah Hollingsworth, Jay Jaffee, Lisa Proulx and Sonya Rippe Members absent: Staff present: Sean Walther, Planning Manager, Jason West, Interim Parks and Recreation Director/Recreation Superintendent, Carrie Mandler, Recording Secretary, 1.Call to order Commissioner Hollingsworth, chair, called the meeting to order at 5:27 p.m. 2.Approval of minutes – May 18, 2022 It was moved by Commissioner Foulkes, seconded by Commissioner Rippe to approve the meeting minutes of May 18, 2022, as presented. The motion passed 7 – 0. 3. Presentations a.Proposed Wooddale Station redevelopment (Sean Walther) Sean Walther, Planning Manager, expressed gratitude to the Commissioners for their willingness to hold a special meeting for the proposed Wooddale Station redevelopment proposal. He advised the city’s subdivision ordinance requires the plan be brought to the Parks and Recreation Advisory Commission for a park dedication recommendation. Mr. Walther explains that the city has undergone an extensive process to find a developer with a plan that best meets the needs of the city. He advised the most common park dedication agreements that are used to meet code requirements include land dedication or cash-in-lieu of land. However, this proposal provides another option; a public plaza owned, managed and maintained by the developer/owner under the direction of the city. City council requested this community gathering space element in its request for proposals. Mr. Walther conveyed that the developer who’s plan best matched the needs of the city was chosen. During the plan preparation process, the developer reached out to local organizations for feedback and redesigned part of the plan based on that feedback. Plan alterations included: drawing back the building to open a better view to the public, a more purposeful sidewalk next to the retail area, landscaping, lighting, and a directional plan. Plaza programming ideas were also discussed. Commissioners viewed pictures of the location and site design. He advised a similar agreement was established with the West End public/private development. He is requesting a recommendation from the Commissioners. City council meeting of September 19, 2022 (Item No. 4q) Page 2 Title: Park and recreation advisory commission minutes of June 15, 2022 Mr. Walther advised parking is underneath the entire sight with the main access from Yosemite Avenue. The development consists of 315 residential units with 12,000 square feet of commercial space and the public plaza on the ground floor. In response to a question for Commissioner Hollingsworth, Mr. Walther advised the amount of cash-in-lieu of land would have been $471,000 for parks and $70,650 for trail dedication. Commissioner Cantor clarified that with the option presented, these fees will not be added to the Park Improvement fund. Commissioner Hollingsworth inquired on the size of the space compared to West End. Mr. Walther used Bridgewater Bank as an example for size comparison. In response to a question from Commissioner Foulkes, Mr. Walther confirmed there will be options for city programming on the plaza. In response to a question from Commissioner Rippe, Mr. Walther confirmed this plan and programming options are for the duration of the site. In response to concerns from Commissioner Jaffee, Mr. Walther discussed parts of the plan that would make it clear to the public and the residents that the plaza is a public space. He advised the design will be attractive and provide ways to distinguish it as a community plaza. Mr. Walther added if the city uses the plaza for community events, it will draw additional attention to it as a community space. In response to concerns from Commissioner Hollingsworth, Mr. Walther advised the developer is delivering creatively providing the community gathering space requested by the city council, and it is the reason why they were selected as the city’s development partner. He added that the developer acquired more property next door to make an even better space. As a part of this proposal, the city will not have to provide maintenance and management of the public site. In response to a question from Commissioner Foulkes, Mr. Walther’s estimated a yearly maintenance cost could be as much as $40,000 based on his experience with the nearby 36th Street special service district budget. In response to a question from Commissioner Hagemann, Mr. Walther advised there will be a public art component, however, it is not yet defined. He also advised it will be visible and accessible. He added that the public process for choosing art will be followed. In response to a question from Commissioner Rippe, Mr. Walther confirmed there is access to Cedar Lake Trial which includes a tunnel under Wooddale Avenue on the north side of the light rail station, a staircase and switchback system. Mr. West added that Mr. Beane, the city’s Park Superintendent, is very happy to not have to maintain another park area. This will save the city time and finances. He mentioned he is pleased to have another venue for city programming and that green space right next to the light rail will be appealing to the public. In response to a question from Commissioner Jaffee, Mr. Walther advised there are multiple benches and seating spaces in the plan. Commissioner Cantor motioned to accept waiving of the park and trail dedication fees based on the proposed public plaza space to be built, managed, maintained and programmed by the property owner. Commissioner Hagemann seconded. The motion passed 7 - 0. City council meeting of September 19, 2022 (Item No. 4q) Page 3 Title: Park and recreation advisory commission minutes of June 15, 2022 Mr. Walther expressed appreciation for the Commissioners taking time to attend this special meeting. b.Review city’s revised organization chart/structure (Jason West) Mr. West shared with Commissioners of the organizational changes happening within the city. Commissioners viewed the revised organizational chart for city staff. He noted the new structure is a circle rather than a tree. In the chart, the community surrounds city staff. The council then city manager is next within the circle. The departments designated with the blue color communicate directly with the city manager. The deputy city manager will communicate with departments designated in the peach color. He advised these are departments that can manage day to day operations on their own. The city manager will manage emergency and long-range goals. Mr. West advised the Race and Equity section in purple flows throughout all sections. Mr. West indicated there will be staff changes. He mentioned that he is the interim Parks and Recreation Director and that the positions that will be backfilled will be opened to the public. Mr. West thanked Commissioners for attending the special meeting. 4. Adjournment It was moved by Commissioner Hagemann, seconded by Commissioner Jaffee, to adjourn the meeting at 6:07 p.m. The motion passed 7 – 0. Respectfully Submitted, Carrie Mandler Recording Secretary Meeting: City council Meeting date: September 19, 2022 Action agenda item: 8a Executive summary Title: 2023 preliminary property tax levy certification Recommended action: Motion to adopt Resolution approving 2023 preliminary property tax levy and setting the budget public hearing date for December 5, 2022. Policy consideration: •Does the city council desire to set the 2023 preliminary property tax levy at $41,433,167, which is an 8.00% increase over the 2022 final property tax levy? •Does the city council desire to hold the public hearing at which the budget and levy will be discussed on December 5, 2022, and then take action on the 2023 budgets, final property tax levy, final HRA levy, final EDA levy, and 2023-2032 capital improvement plan at the regular city council meeting on December 19, 2022? Summary: Included is information pertaining to the 2023 preliminary property tax levy. Council held its preliminary budget discussions on August 22 and, at that time, instructed staff to move forward with preparing a preliminary general levy of 8.00%. As we move ahead with our 2023 budget process and planning, we will continue to have discussions and provide more information prior to the December 5 public hearing and final adoption on December 19. Once the preliminary levy is set, it can be decreased but not increased. The city manager will continue to work with directors to finalize recommendations and provide additional information to council. Financial or budget considerations: The proposed tax levy will help support necessary city services to be provided during 2023. Strategic priority consideration: All areas of the adopted strategic priorities are impacted by the city’s budget. •St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. •St. Louis Park is committed to continue to lead in environmental stewardship. •St. Louis Park is committed to providing a broad range of housing and neighborhood- oriented development. •St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. •St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Discussion Resolution Prepared by: Melanie Schmitt, finance director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 8a) Page 2 Title: 2023 preliminary property tax levy certification Discussion Background: On August. 22, 2022, staff met with the city council to discuss the 2023 budget process, tax levy and initial challenges seen for 2023. Staff has prepared the recommendations based on continued quality and timely delivery of core services in addition to continuing to support and align with the five strategic priorities and the key organizational cultural behaviors of collaboration, quality and responsiveness when preparing the 2023 budget. At the Aug. 22, 2022, city council study session, the city council reviewed information regarding the 2023 budget. At that meeting, staff shared that current estimates were showing a need for about a 7% general levy increase. Due to timing issues, there were still multiple financial assumptions included in that number. Council also had interest in staff continuing to work to include additional expenses. For these reasons, staff requested and was directed to prepare for council approval a 2023 preliminary property tax levy that represented an 8% increase when compared to the 2022 final property tax levy. It was made clear by the council that the goal was to adopt a final levy in December that was lower than the preliminary levy. The premise behind adopting the preliminary levy at the amount proposed was to give the council flexibility over the coming months to further discuss the 2023 budget, capital needs and other financial issues prior to adopting the final budget, capital plan and levy in December. 2022 city final general levy and 2023 city preliminary general levy A synopsis of prior year levy information and the 2023 proposed preliminary levy is shown below: 1.The 2022 preliminary general levy was $38,695,821 which was 4.9% more than 2021. 2.The 2022 final general levy was $38,365,750, which was 4.5% more than 2021. 3.Considering the budgets which have been submitted, strategic priorities, debt service needs and the financial planning process, the 2023 preliminary general property tax levy is proposed at 8%. 2022 2023 2022 to 2023 adopted proposed Increase (decrease) Tax capacity-based tax levy levy levy $ % General fund $33,117,710 $35,072,981 $1,955,271 5.90 % Debt service 5,248,040 6,360,186 1,112,146 21.19 % Total $38,365,750 $41,433,167 $3,067,417 8.00 % Additional tax levy information: By law, the city council is required to approve a 2023 preliminary property tax levy which must be certified to Hennepin County by September 30, 2022. Hennepin County will mail out parcel specific notices in mid to late November. Tax Impacts: We have fiscal disparity and TIF numbers from the county and were able to update our estimates. This updated information has had minimal impact on our projected tax impacts for residential and commercial buildings. Below are updated tables; they will continue to change over the coming months. Remember these are just a general idea of what residents may see, every property is different due to the value appreciation/depreciation. City council meeting of September 19, 2022 (Item No. 8a) Page 3 Title: 2023 preliminary property tax levy certification All-inclusive residential (8% general, HRA, EDA levies) 8% general increase, HRA, EDA Assessed Market Value Val. Estimated $ 2021 For 2022 For % 2023 Change Pay 2022 Pay 2023 Change all City tax Annual 255,700 287,000 12.2% 1,253.46 157.89 299,600 331,300 10.6% 1,471.68 160.63 330,250 371,800 12.6% 1,671.19 209.69 382,100 423,300 10.8% 1,921.20 205.18 527,050 586,950 11.4% 2,663.94 280.10 Apartments (median class A, B, C values) all levies Per Unit 8% general increase, HRA, EDA 2021 For 2022 For Market Estimated $ Pay 2022 Pay 2023 Value 2023 Change Median unit value Median unit value change all City tax Annual Class A 265,000 281,071 6.06% 1,585 34 Class B 177,000 192,192 8.58% 1,083 48 Class C 103,083 117,000 13.50% 660 56 Commercial/industrial (median values) levies 8% general increase, HRA, EDA 2021 For 2022 For Market Estimated $ Pay 2022 Pay 2023 Value 2023 Change Median value Median value change all City tax Annual Commercial 637,000 641,000 0.63% 3,501 (69) Industrial 1,093,000 1,205,500 10.29% 6,733 741 Setting dates for public hearing and 2023 budget adoption: The city is required to hold a regularly scheduled meeting at which the budget and levy will be discussed and public input is allowed, prior to final budget and levy determination. This public input meeting must occur after November 24, 2022. Past practice has been to hold the public input meeting and then schedule a subsequent meeting to adopt the final budget. If the city council chooses to continue this practice, then the dates would be the regular meeting on December 5, 2022 for the public input meeting and December 19, 2022 for adoption of the 2023 budget, tax levy, HRA levy, and 2023-2032 capital improvement plan. City council meeting of September 19, 2022 (Item No. 8a) Page 4 Title: 2023 preliminary property tax levy certification Next steps: Once the preliminary levy is set, city manager will continue to work with staff and council to set the final levy. In the past years, council typically reduces this preliminary levy as they work towards finalizing all the information for 2023. Again, preliminary levy can be reduced, not increased when set in December for the upcoming year. The following preliminary timeline has been developed for council: September 19 Council establishes 2023 preliminary property tax levies. (Levies can be reduced, but not increased for final property tax levies) October 3 Capital Improvement plan presentation and discussion Directors or their designees in attendance as needed October 3 Public hearing – 1st reading of ordinance setting fees which includes 2023 utility rates. Review and discussion of 2023 fees and utility rates. October 17 2nd reading of ordinance setting fees and adoption of 2023 fees inclusive of utility rates October 24 TIF annual report and pooled tax increment discussion November 14 Final budget and levy discussion December 5 Truth in Taxation Public Hearing and budget presentation December 12 (if necessary) Continuation of public hearing and any budget discussion December 19 Council adopts 2023 budgets, final tax levies (City, HRA, EDA), and 2023 - 2032 CIP City council meeting of September 19, 2022 (Item No. 8a) Page 5 Title: 2023 preliminary property tax levy certification Resolution No. 22-____ Resolution approving 2023 preliminary property tax levy, and setting public hearing date for the 2023 budget and final property tax levy Whereas, The City of St. Louis Park is required by Charter and State law to approve a resolution setting forth an annual tax levy to the Hennepin County Auditor; and Whereas, Minnesota Statutes require approval of a preliminary property tax levy on or before September 30th of each year; and Whereas, the city council has received the proposed budget information; and Whereas, there are sufficient funds on hand, the 2023 debt levy is reduced from $6,403,542 to $6,362,813; Be it further resolved that the truth in taxation public hearing will be held on December 5, 2022; and Be it further resolved that the City Council of the City of St. Louis Park, Hennepin County, Minnesota, that the following sums of money be levied for collection in 2023 upon the taxable property in said City of St. Louis Park for the following purposes: 2022 2023 2022 to 2023 adopted proposed Increase (decrease) Tax capacity-based tax levy levy levy $ % General fund $33,117,710 $35,072,981 $1,955,271 5.90 % Debt service 5,248,040 6,362,813 1,114,773 21.24 % Total $38,365,750 $41,435,794 $3,070,044 8.00 % And Be it further resolved that the chief financial officer is hereby authorized and directed to transmit this information to the County Auditor of Hennepin County, Minnesota and the Minnesota Department of Revenue, if applicable, in the format requested as required by law. Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: September 19, 2022 Action agenda item: 8b Executive summary Title: 2023 preliminary HRA levy certification Recommended action: Motion to adopt Resolution authorizing the 2023 preliminary HRA levy. Policy consideration: Does the city council desire to approve as a preliminary levy the full 0.0185% of estimated market value allowable for HRA purposes of $1,582,696? Summary: The HRA levy was originally implemented in St. Louis Park in 2001. The city council elected at that time to use the levy proceeds for future infrastructure improvements in redevelopment areas. Since then, the council has directed staff to use pooled tax increment for future infrastructure improvements. The HRA levy, which is a much more flexible funding source than tax increment, has been used for a variety of programming including first time homebuyer programs, energy programs for low-income households, move-up programs, and single and multi-family rehab loans and grants. We are not able to use tax increment for these programs. Given the tax increment limitation and council’s desire for housing activities, staff recommends the HRA Levy continue at the maximum allowed by law for the 2023 budget year. Both the EDA and City Council must approve the HRA preliminary levy. The final levy can be lower but not higher than the preliminary levy. All special taxing districts levies must be certified to the county auditor by September 30th. The HRA Levy cannot exceed 0.0185% of the estimated market value of the city. Therefore, staff has calculated the maximum HRA Levy for 2023 to be $1,582,696 based on valuation data from Hennepin County which is an increase of $64,897 from 2022. Financial or budget considerations: The proposed preliminary HRA levy is $1,582,696 for 2023. Strategic priority consideration: All areas of the adopted strategic priorities are impacted by the city’s budget. •St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. •St. Louis Park is committed to continue to lead in environmental stewardship. •St. Louis Park is committed to providing a broad range of housing and neighborhood- oriented development. •St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. •St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Melanie Schmitt, finance director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 8b) Page 2 Title: 2023 preliminary HRA levy certification Resolution No. 22-___ Authorizing the preliminary HRA levy for 2023 Whereas, pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the “EDA Act”), the City Council of the City of St. Louis Park created the St. Louis Park Economic Development Authority (the "Authority"); and Whereas, pursuant to the EDA Act, the city council granted to the Authority all of the powers and duties of a housing and redevelopment authority under the provisions of the Minnesota Statutes, sections 469.001 to 469.047 (the "HRA Act"); and Whereas, Section 469.033, subdivision 6 of the Act authorizes the Authority to levy a tax upon all taxable property within the city to be expended for the purposes authorized by the HRA Act; and Whereas, such levy may be in an amount not to exceed 0.0185 percent of estimated market value of the city; and Whereas, the Authority has filed its budget for the special benefit levy in accordance with the budget procedures of the city in the amount of $1,582,696; and Whereas, based upon such budgets the Authority will levy all or such portion of the authorized levy as it deems necessary and proper; Now therefore be it resolved by the St. Louis Park City Council: 1.That approval is hereby given for the Authority to levy, for taxes payable in 2023, such tax upon the taxable property of the city as the Authority may determine, subject to the limitations contained in the HRA Act. Reviewed for administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: September 19, 2022 Action agenda item: 8c Executive summary Title: 2023 preliminary EDA levy certification Recommended action: Motion to adopt Resolution authorizing the 2023 preliminary EDA levy. Policy consideration: Does the city council desire to approve as a preliminary EDA levy of $500,000 for EDA purposes? Summary: A preliminary EDA levy in the amount of $500,000 is being proposed for 2023. The final levy can be lower but not higher than the preliminary levy. All special taxing districts levies must be certified to the county auditor by September 30th. The EDA Levy cannot exceed 0.01813% of the estimated market value of the city. Staff has calculated the current $500,000 EDA levy request for 2023 to be approximately .00586% of market valuation data from Hennepin County. This is the same dollar amount of levy as 2022. Financial or budget considerations: The proposed preliminary EDA levy is $500,000 for 2023. Strategic priority consideration: All areas of the adopted strategic priorities are impacted by the city’s budget. •St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. •St. Louis Park is committed to continue to lead in environmental stewardship. •St. Louis Park is committed to providing a broad range of housing and neighborhood- oriented development. •St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. •St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Melanie Schmitt, finance director Approved by: Kim Keller, city manager City council meeting of September 19, 2022 (Item No. 8c) Page 2 Title: 2023 preliminary EDA levy certification Resolution No. 22-_____ Approving a Present Intent to Levy a Tax for Economic Development Authority Purposes pursuant to Minnesota Statutes, Section 469.107 Whereas, pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as amended (the “Act”), the City established the St. Louis Park Economic Development Authority (the “EDA”); and Whereas, Section 469.107, subdivision 1 of the Act authorizes the City, at the request of the EDA, to levy and collect a tax of up to 0.01813% of the estimated market value of taxable property within the City, levied upon all taxable real property within the City, for economic development purposes; and Whereas, the EDA has requested that the City approve such a levy in the amount of .00586% of the estimated market value of taxable property within the City, and the City finds that such a levy is in the best interest of the City and EDA because it will facilitate economic development. Now therefore be it resolved that the City Council hereby approves the levy of a tax for economic development purposes pursuant to Section 469.107, subdivision 1 of the Act in the amount equal to .00586% of the estimated market value of taxable property within the City (expected to be approximately $500,000) with respect to taxes payable in calendar year 2023. Reviewed for Administration: Adopted by the City Council September 19, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk