HomeMy WebLinkAbout2022/11/21 - ADMIN - Agenda Packets - City Council - RegularAGENDA
NOV. 21, 2022
The St. Louis Park City Council is meeting in person at St. Louis Park City Hall, 5005 Minnetonka Blvd.
Members of the council will be participating remotely and by attending in person at the location listed
above. Councilmember Kraft will be appearing remotely from the hotel lobby at the Holiday Inn located
at 99701 Overseas Hwy, Key Largo, FL 33037.
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.
6:30 p.m. CITY COUNCIL MEETING – council chambers
1.Call to order
a.Pledge of allegiance
b.Roll call
2.Presentations
a.Proclamation declaring November 2022 as “Family Court Awareness Month”
3.Approval of minutes
a.Special meeting minutes of September 29, 2022.
b.Study session minutes of September 12, 2022.
c.City council workshop meeting minutes of October 10, 2022.
4.Approval of agenda and items on consent calendar
a.Approve cooperative agreement with Minnehaha Creek Watershed District (MCWD) for the
construction of the Northside Park water quality filtration system (city project 4022-4001).
b.Adopt resolution rescinding Resolution No. 21-076 and approving the updated list of snow
removal exempt parking areas.
c.Adopt resolution authorizing the special assessment for the Texa-Tonka Shopping Center
sidewalk.
d.Approve agreement between the city and Dish Wireless LLC for communication antennas and
related equipment to be placed on the city’s water tower at 2541 Nevada Avenue South.
e.Accept parks & recreation advisory commission minutes from September 14, 2022.
5.Boards and commissions – None
Meeting of Nov. 21, 2022
City council agenda
6.Public hearings
a.Minnetonka Boulevard reconstruction project (4023-7000)
Recommended action: Mayor to open public hearing, take testimony, and close hearing.
Council will be asked to take action on the following two policy considerations at the
December 5 council meeting.
•Does the city council support the preferred alternative design for the Minnetonka
Boulevard reconstruction project?
•Does the city council wish to pursue the undergrounding of overhead utilities within
this corridor?
7.Requests, petitions, and communications from the public – None
8.Resolutions, ordinances, motions and discussion items
a.Adopt resolution accepting Councilmember Kraft’s resignation effective December 30, 2022
and declaring a vacancy for the office of council member at-large A for the term expiring
January 2, 2024.
b.Approve ordinance related to licensing requirements for the sale of cannabinoid products.
c.Approve ordinance establishing fee for 2023 THC edible licensing and add to Appendix A of
the city code of ordinances.
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: City council
Meeting date: November 21, 2022
Presentation: 2a
Executive summary
Title: Proclamation declaring November 2022 as “Family Court Awareness Month”
Recommended action: Mayor to read proclamation declaring November 2022 “Family Court
Awareness Month”
Policy consideration: None.
Summary: Family Court Awareness Month was created in 2020 by Tina Swithin. In their first
year, Tina and organizational leaders met with domestic violence advocates, law enforcement
officers, attorneys, and judges to bring awareness to systemic issues that are placing children in
harm’s way and advocate for specialized training of professionals in the family court system.
The organization believes family court professionals should receive training on the topics they
rule on every day, which include domestic violence, child sexual abuse, physical abuse,
emotional abuse, trauma, coercive control, as well as victim and perpetrator behaviors. In 2022,
the Family Court Awareness Month Committee received their official designation as a 501(c)(3)
nonprofit organization and are working to secure 300 proclamations and resolutions declaring
November as Family Court Awareness Month in cities, counties, and states across the country
to recognize the importance of a court system that prioritizes child safety.
Financial or budget considerations: Not applicable.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Proclamation
Prepared by: Melissa Kennedy, city clerk
Approved by: Kim Keller, city manager
City council meeting of November 21, 2022 (Item No. 2a) Page 2
Title: Proclamation declaring November 2022 as “Family Court Awareness Month”
Proclamation
“Family Court Awareness Month”
Whereas, in 2004, Mikayla Tester-Olson, a 5-year-old, was murdered by her biological
father during an unsupervised, court-ordered parenting time despite her father’s abusive
behavior and her mother’s pleas to the court to protect her; and, in 2020, Autumn Hallow, an 8-
year-old, was murdered by her biological father and step-mother during an unsupervised,
court-ordered parenting time despite their abusive behavior and her mother’s pleas to the
court to protect her; and
Whereas, to honor Mikayla, Autumn, and all of the 864 children who have been
murdered by a divorcing or separating parent, and were unfortunately among the 58,000 U.S.
children annually who are at risk, due to being court-ordered into unsupervised visitation with
an abusive parent, and;
Whereas, the mission of the Family Court Awareness Month Committee (FCAMC) is to
increase awareness on the importance of education and training on domestic violence,
childhood trauma, child sexual abuse, coercive control, post-separation abuse for all
professionals working on cases within the family court system, and;
Whereas, the FCAMC is dedicated to increasing awareness on the importance of using
scientifically valid, evidence-based, treatment programs and services that are proven in terms
of safety, effectiveness, and therapeutic value, and;
Whereas, the FCAMC seeks to educate judges and other family court professionals on
evidence-based, peer-reviewed research as a critical component to making decisions that are
truly in the best interest of children.
Now therefore, let it be known that the mayor and city council of the City of St. Louis
Park, Minnesota, hereby proclaim November 2022 as Family Court Awareness Month in St.
Louis Park, and encourage all people to support their local communities' efforts to prevent the
harm of children in the hands of family members and to honor and value the lives of children
Wherefore, I set my hand and cause the Great Seal of the City of St. Louis Park to be
affixed this 21st day of November 2022
_________________________________
Jake Spano, mayor
Meeting: City council
Meeting date: November 21, 2022
Minutes: 3a
Unofficial minutes
City council special meeting
St. Louis Park, Minnesota
September 29, 2022
1. Call to order at 10:35 am
Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Lynette Dumalag, and
Larry Kraft.
Councilmembers absent: Nadia Mohamed and Margaret Rog
Staff present: City Manager (Ms. Keller), Deputy City Manager (Ms. Walsh), City Attorney (Mr.
Mattick), City Clerk (Ms. Kennedy)
Guests: None.
1a. Pledge of allegiance.
1b. Roll call.
2. Presentations - none.
3. Approval of minutes - none.
4. Approval of agenda and items on consent calendar
It was moved by Councilmember Budd, seconded by Councilmember Brausen, to approve
the agenda as presented.
The motion passed 5-0.
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. Adopt resolution authorizing the 2023 preliminary EDA levy
It was moved by Councilmember Budd, seconded by Councilmember Brausen, to adopt
Resolution No. 22 – XX authorizing the 2023 preliminary EDA levy in the amount of
$500,000 as recommended by the EDA on September 29, 2022.
The motion passed 4-1 (Councilmember Kraft opposed; Councilmembers Mohamed and
Rog absent).
9. Communications – none.
10. Adjournment
The meeting adjourned at 10:38 a.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: November 21, 2022
Minutes: 3b
Unofficial minutes
City council study session
St. Louis Park, Minnesota
Sept. 12, 2022
The meeting convened at 6:30 p.m.
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 Clerk (Ms. Kennedy), Building and Energy Director
(Mr. Hoffman), Community Development Director (Ms. Barton), Police Chief Harcey, Deputy
Police Chief Kruelle, Property Maintenance and Licensing Manager (Mr. Pivec), Communications
and Technology Director (Ms. Smith), City Attorney (Ms. Koch)
Guests:
1. Review appointment process for vacancies on city council
Councilmember Kraft recused himself from the discussion.
Ms. Kennedy presented the staff report.
Councilmember Dumalag noted the process she went through with her appointment to city
council was fair and clear with the application process. She noted it was helpful to be able to
talk to those on the council about what it means to be a councilmember and from a process
standpoint, it was fair and very communicative.
Councilmember Mohamed asked when the vacancy will be declared. Ms. Kennedy stated the
vacancy will be declared when it is deemed to exist. It cannot be declared until there is a reason
to do so, such as a resignation or if a member becomes ineligible for the office.
Councilmember Mohamed asked if the question related to whether an applicant would intend
to seek another term if appointed could be removed. Ms. Kennedy stated all the questions are
at the discretion of the council. The question was only included on the draft application as it
was asked the last time there was a vacancy on council.
Councilmember Mohamed stated she is interested in establishing a formal application and
interview process versus the council just choosing someone to appoint. She noted she would
like as many people as possible to apply for the position.
Mayor Spano asked about the process for appointment. Ms. Kennedy stated the first step is for
council to officially declare a vacancy once it has been deemed to exist. No process can begin
until a vacancy is officially declared.
City council meeting of November 21, 2022 (Item No. 3b) Page 2
Title: Study session minutes of Sept. 12, 2022
Councilmember Budd asked about the language related to the timing of when a vacancy is
declared. Ms. Kennedy explained this is largely based on state law and has to do with when the
next regularly scheduled election will be held. In this case, the council would appoint someone
to fill the remainder of the vacated term because the next regularly scheduled city election is
2023 and all at-large offices will already be on the ballot.
Councilmember Rog stated she is supportive of a formal application and interview process, and
removing the question related to applicants seeking another term. She asked if there is
anything that precludes the council from talking to residents about this. Ms. Kennedy stated
councilmembers are a great resource for people to learn more about what it means to be a
councilmember, the experience of serving, and how a city council functions. She added the
council can and should share information with their networks about vacancies and the
appointment process, however, there needs to be clarity on what the process will be and
transparency about how and when a vacancy is declared.
Councilmember Rog asked if there will be a 6–8-week period when there are only six
councilmembers and is this an issue. Ms. Kennedy stated staff would need to plan for this as
the year unfolds but having a process and framework in place helps in planning the workflow
and timing of action items.
Councilmember Brausen stated he also favors an application and interview process, along with
removing the question on intentions to seek re-election. He is in favor of inviting residents to
view the process, but not interested in setting up separate community events as the
appointment is ultimately up to the council. He noted the city charter and state law do not
allow for calling an immediate special election and the council will need to appoint someone
regardless of how much time remains in the term when a vacancy occurs.
Councilmember Dumalag agreed and is in favor of an application and interview process and
removing the question related to seeking re-election.
Mayor Spano is in favor of an application and interview process and would like to form an
advisory group of residents to informally meet with candidates but added he does not know
what that process would look like.
Councilmember Rog stated she is typically in favor of that type of thing, but her concern is what
role the advisory group would have in the process. She noted if the appointment is up to the
council, she would not want an advisory group to feel unheard or confused about their role.
She noted unless there is a clear approach, there may be risks of misunderstanding.
Mayor Spano stated the process was set up well for the hiring of the new city manager, and
ultimately the council has the final decision.
Councilmember Rog noted, however, it feels like an advisory group might have a
disproportionate say in the process versus making it just a council decision.
City council meeting of November 21, 2022 (Item No. 3b) Page 3
Title: Study session minutes of Sept. 12, 2022
Councilmember Dumalag added she would have concerns on how an advisory group were
shaped, who the members were, and how their input would be shared with the council.
Additionally, she has concerns that the council might disagree with the group.
Mayor Spano stated the community has requested having a voice in this process and he’d like
to look at a process for bringing in more voices.
Councilmember Mohamed stated there is a difference between hiring staff and someone who
is elected. She stated there is an uncertainty around a process because how does the council
choose who gets a chance to voice their opinion and then assist council with the decision. She
noted the city manager was hired and not elected, so there is a fairness issue on who is
empowered to give this advice. She stated she is in conflict on this.
Councilmember Brausen agreed and noted the council would need to then spend time choosing
who can be on the advisory group, who is qualified, and some others would be upset if they
were not chosen. He added the process of interviews and appointment can be open to the
entire public and councilmembers can reach out to their constituents to share feedback. He
added he does not want to over engineer the process, and wants the council to trust their own
judgement, noting this is a temporary appointment and ultimately the voters will decide who is
elected to the office at the next election.
Mayor Spano stated there is a tradition and history of having a small group of folks to advise on
commission appointments, but the idea of an open house or forum would be a helpful
opportunity. He has concerns about his own blind spots and wants feedback and help from his
neighbors and residents in helping him to find those.
Councilmember Rog added the whole process is public, so anyone can participate and give
feedback.
Ms. Keller stated the data collected will be public, and the process and the candidate
experience need to be thought of in tandem.
Councilmember Dumalag asked if criteria for applicants can be established. Ms. Kennedy stated
the criteria to apply are tied to a person’s eligibility to hold the office. Beyond that, the council
can provide input on the questions they would like to ask during the interview process. She
noted the more criteria that are set, it potentially becomes less inviting for people to apply. She
stated a public forum could be helpful, but the process and role of the public will need to be
made very clear, along with what will be done with the information gathered at a public forum.
Councilmember Mohamed stated she is reluctant to put up criteria for candidates because
she’d like it to be as close to the current councilmember’s experience as possible. Whoever
meets the state criteria can come forward to meet with the council. Ms. Kennedy stated staff
would recommend interviewing all candidates who meet the eligibility requirements for the
office.
City council meeting of November 21, 2022 (Item No. 3b) Page 4
Title: Study session minutes of Sept. 12, 2022
It was the consensus of the council to develop an application and interview process to fill
vacancies on the city council and to remove the question related to seeking re-election from
the application.
2. Hemp-derived THC draft ordinance
Mr. Hoffman presented the staff report.
The council discussed background checks, along with past possessions and crimes of those
selling THC products.
Mayor Spano asked about testing the potency of THC, and if various products are equal. Ms.
Koch noted that 5 mg per serving is the maximum for edibles, but for all other products, those
are limited to .3% THC. Ms. Koch noted there are different strains of THC, but all are
intoxicating, and state law puts all THC in the same bucket.
Ms. Koch added HHC is an intoxicant and perhaps should be prohibited by the council in the
ordinance.
Mr. Hoffman stated the ordinance in general is going to be more on the cautious side with the
testing component to ensure public safety and awareness – so the public knows what they are
purchasing.
Councilmember Rog asked where liability falls if someone gets ill from a THC product. Ms. Koch
stated that is not known at this point but noted she can research this further.
Councilmember Budd asked if a restaurant needs a liquor license to sell THC. Mr. Hoffman
stated no, because it is a non-alcoholic item.
Councilmember Mohamed asked if a law could be created to prohibit THC from being sold to
those under 21 years old. Ms. Koch stated that is already considered a misdemeanor under
state law. Under 21-year-old possession could possibly be considered for a city ordinance, but
may be a different conversation.
Councilmember Mohamed noted she has concerns related to equitable licensure for BIPOC
community members. She added she would like the process to look closely at past felonies and
the level of a misdemeanor.
Councilmember Dumalag added it seems unfair to not get a business license with a past
misdemeanor and she liked the idea of adding an extra hour and costs to the background check
process to see the exact level of felony to allow licensing.
Chief Harcey asked if the council would then want to differentiate it in the ordinance to reflect
it being acceptable for a business owner to have licensure with a past conviction of marijuana
sales. Councilmember Dumalag stated yes.
City council meeting of November 21, 2022 (Item No. 3b) Page 5
Title: Study session minutes of Sept. 12, 2022
Mayor Spano asked in relation to how Hennepin County applies charges, if staff could look at
this further, so that someone convicted of a low-level offense not be excluded from licensure.
Ms. Koch noted the focus for the ordinance has been on felony convictions.
Councilmember Brausen stated he agrees with both policy questions, but added he is worried
the council is over engineering this as well. He stated they are over thinking this, and he is fine
with the felony conviction, adding he is concerned about testing four times per year and that
the license fee will be too high. He would like to see something like a tobacco license.
Councilmember Mohamed agreed testing four times per year is too much, adding she wants to
bring the cost down and not deter folks from getting a license. She added the concern is about
who has access to a license. She does not want anyone who sold low amounts of marijuana to
be excluded from this and would like to see more intentionality on this policy. She stated she
will leave it to staff to provide details.
Councilmember Kraft stated the felony convictions and number of years is very confusing,
adding he is open to the points Councilmember Mohamed made, but would not want to allow
the wrong people to be licensed. He stated while he believes this should be legal and well-
regulated, the licensing amount is a concern and in some states the taxes are so high that it
encourages a black market. He added there is a balance that should be included. He added the
state should be doing the testing as well.
Ms. Keller stated the testing would be two samples from each retailer twice per year. Mr.
Hoffman stated this would be a policy decision by council and the ordinance would allow for
this and could be based on results of past sample tests.
Councilmember Kraft asked if a variable fee could be done. Mr. Hoffman stated that can get
more complicated, and fees could then vary between businesses, so there needs to be one fee
for all.
Councilmember Dumalag stated she is fine with the level of testing, even if it’s a higher fee.
Councilmember Rog asked how the QR code fits in with testing. Ms. Koch stated the product
needs to be compliant with state law and match the label. Mr. Hoffman added this also shows if
the manufacturer is being honest and that the product label matches state law.
Councilmember Rog asked if the city would make test results public. Mr. Hoffman stated the
business owner would be notified immediately and they would have to pull product, noting this
would be like inspectors sampling restaurant food products and random testing standards and
protocols. Ms. Koch added it would be public data and the city could publish the information.
Councilmember Rog stated the merchants should absorb the cost of testing, adding it would be
a hard sell to explain testing of THC products. She added she is not supportive of those who
have a history of selling large amounts of marijuana being licensed without the time period,
while she is not concerned about low-level sales. She would like to adopt the ordinance and
include food and beverage establishments. She added she looks forward to hearing back from
staff on language used to show this is an anti-racist policy.
City council meeting of November 21, 2022 (Item No. 3b) Page 6
Title: Study session minutes of Sept. 12, 2022
Councilmember Budd stated she is supportive of adopting the ordinance and including food and
beverage, adding she’d like to look at reducing the fees.
Councilmember Brausen asked if there is a reason there is no felony conviction that would not
allow for licensing. Ms. Koch stated under state law the crime excluded must relate.
Councilmember Kraft asked if there is evidence products are mislabeled. Ms. Koch stated the
products she reviewed were not yet updated on the websites. She added the more
sophisticated manufacturers are on top of this.
Mayor Spano agreed on both policy questions and added he is fine with the testing costs but
would like to see the licensing fees lowered. He added the market needs to figure this out and
stated the testing costs should not be set aside. He stated he trusts city police and results of
their investigations, noting it should not be limiting, yet not allow licensing, depending on the
crime committed.
Ms. Koch stated there would need to be a line drawn and explicit in the ordinance to be
equitable.
Councilmember Brausen added with a fee this high we will not get applications. He added the
testing won’t be a huge expense for the city to absorb and to protect the public safety and
welfare, the city could absorb the cost of the testing the first year.
Mayor Spano stated he is okay with shifting the level of testing, but the city should not absorb
that cost adding, however, the fee structure can also be changed in the future.
Mr. Hoffman stated this will come back to council with clarifying language and costs on the
testing, and then after that the first reading will be reviewed.
3. Proposed study session agenda topic
Councilmember Kraft stated this discussion topic regarding sustainable and equitable
neighborhoods. He noted zoning and ratios, adding staff did a lot of work on this and he and
Councilmembers Dumalag and Rog would like to do a high-level discussion of this view of
neighborhoods versus looking at each specific items as proposed by staff initially.
Councilmember Dumalag added the discussion would look at neighborhoods systematically.
She added looking at the broader context of these subject areas might be a better way to
review.
Councilmember Rog noted other topics for discussion including teardowns and new home
construction, as well as people leaving St. Louis Park and school district impacts, investor-
owned rental properties, goals of ownership as wealth-building, senior housing options, lot
sizes, zoning, noting these are all related to livability, equitability, and sustainability in
neighborhoods.
City council meeting of November 21, 2022 (Item No. 3b) Page 7
Title: Study session minutes of Sept. 12, 2022
Councilmember Rog stated looking at tear downs out of the context of the rest of housing,
while trying to move towards a more systems approach, it’s best to think in the fuller context to
achieve goals. She continued council would look to staff to flesh out topics.
Ms. Keller asked how this discussion relates to Vision 3.0 and the comp plan that staff has been
working with.
Councilmember Rog stated because this would be focused on neighborhoods exclusively, as
they evolve.
Mayor Spano stated he would like to have this conversation at a high level and thanked
Councilmembers Dumalag, Rog, and Kraft for their work on the governance model.
Councilmembers Budd, Brausen, and Mohamed agreed on this as a discussion topic.
Councilmember Kraft noted one item on the connected infrastructure system written report,
related to sidewalk maintenance, and a continued way to cost effectively look at adding the
cleaning of more sidewalks than what is being done. He noted a discussion in Oct 2021, staff
said it was very expensive and requires much work. He stated council wanted a more
comparable cost analysis on this and more information around clearing NOAH housing
sidewalks as well, and if more can be added cost-effectively. He asked that staff speak to this
when it comes back around as a report in the future.
Councilmember Rog asked about way-finding signage costs at $15,000 adding she was sad they
would not be moving forward on this. She asked if the signs for car counting and speeds, could
those be used as a cost-effective measure for looking at bike and pedestrian use.
Ms. Keller stated she will ask on that and if it is triggered and if it can differentiate.
Councilmember Rog asked if the police officers are hired from the same pool being looked at to
diversify the force. Chief Harcey stated yes, they are, and if the grant is accepted, an officer
would be backfilled with more experience.
Councilmember Rog asked if the grant was renewable. Chief Harcey stated yes, noting also that
it is a competitive process.
Communications/meeting check-in (verbal)
Ms. Keller stated the Fire Station #1 open house is Tuesday, Sept. 13, from 5-8 p.m.
Councilmember Budd noted the STEP fundraiser at Steel Toe on Wednesday, Sept. 14, from 5-7
p.m., with tickets at $25.
Councilmember Dumalag stated the MinnesoThai event is this coming weekend at the West
End.
The meeting adjourned at 9:02 p.m.
Written Reports
City council meeting of November 21, 2022 (Item No. 3b) Page 8
Title: Study session minutes of Sept. 12, 2022
4. Connected infrastructure system wrap-up
5. DWI/Traffic Safety Police Officer Grant Program
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: November 21, 2022
Minutes: 3c
Unofficial minutes
City council workshop
St. Louis Park, Minnesota
October 10, 2022
The workshop convened at 5:30 p.m. in the community room at city hall.
Councilmembers present: Mayor Spano, Sue Budd, Tim Brausen, Lynette Dumalag, Larry Kraft,
Nadia Mohamed, and Margaret Rog
Staff present: City Manager (Ms. Keller), Deputy City Manager (Ms. Walsh), City Attorney (Mr.
Mattick), Fire Chief (Mr. Koering), Police Chief (Mr. Harcey), Deputy Chief (Mr. Kruelle),
Administrative Services Director (Ms. Brodeen), Communications & Technology Director (Ms.
Smith) Racial Equity & Inclusion Director (Ms. Guess), Engineering Director (Ms. Heiser), City
Clerk (Ms. Kennedy)
The St. Louis Park City Council participated in a tabletop exercise related to emergency
management. The meeting was closed pursuant to MN Statute Section 13D.05 Subd. 3(d) to
receive a security briefing from Fire Chief Steve Koering and Police Chief Mike Harcey regarding
procedures and plans to protect public buildings and infrastructure, to discuss issues related to
security systems, to discuss emergency response procedures, and to discuss security
deficiencies in or recommendations regarding public services, infrastructure, and facilities.
Disclosure of the information discussed would pose a danger to public safety or compromise
security procedures or responses.
Upon exiting closed session, the meeting was adjourned at 8:30 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: November 21, 2022
Consent agenda item: 4a
Executive summary
Title: Twin Lake subwatershed improvement agreement – Wards 1 and 4
Recommended action: Motion to approve cooperative agreement with Minnehaha Creek
Watershed District (MCWD) for the construction of the Northside Park water quality filtration
system (city project 4022-4001).
Policy consideration: Does the city council wish to proceed with this project to improve water
quality in the Twin Lake subwatershed?
Summary: As discussed in the Nov. 14 study session report, the MCWD is proposing to
construct a water quality project at Northside Park. The purpose of this project is to provide
mitigation for stormwater runoff treatment from a redevelopment project that occurred in
2018 at the Lifetime Fitness facility located at 5525 Cedar Lake Road. The MCWD and Lifetime
Fitness water quality mitigation project will be located within the Twin Lake subwatershed.
Since approving the variance in 2018, MCWD and city staff have been working to identify
locations for stormwater treatment within the Twin Lake subwatershed. MCWD and city staff
concluded that the preferred BMP would be a Contech Storm Filter (CSF) system to be installed
on the west side of Northside Park. To move forward with this project, MCWD and the city will
enter into a cooperative agreement. The agreement will detail the responsibilities of both
parties.
Financial or budget considerations: The MCWD project will be paid for using an escrow fund
provided by Lifetime Fitness, which will cover the project costs. Additional information on the
funding can be found in the discussion section of this report.
Strategic priority consideration: St. Louis Park is committed to continue to lead in
environmental stewardship.
Supporting documents: Discussion
Nov. 14, 2022 study session report
Prepared by: Erick Francis, water resources manager
Reviewed by: Debra Heiser, engineering director
Approved by: Kim Keller, city manager
City council meeting of November 21, 2022 (Item No. 4a) Page 2
Title: Twin Lake subwatershed improvement agreement
Discussion
Background
In 2018, Lifetime Fitness applied to the MCWD for a stormwater management permit for
the expansion of its St. Louis Park facility, located at 5525 Cedar Lake Road. As a result of
Lifetime Fitness site limitations, a variance was issued by the MCWD, allowing Lifetime
Fitness to provide an escrow, in the amount of $490,000, in lieu of constructing stormwater
management facilities on their site. The escrow affords the MCWD the right to use the
funds to provide stormwater treatment within the Twin Lake subwatershed to meet the
water quality treatment needed for the Lifetime Fitness site redevelopment. The
stormwater treatment requirements for the 10.4-acre Lifetime Fitness are the removal of
7.2-lbs of Total Phosphorus on an average annual basis.
Project description
Northside Park water quality filtration system
Since approving the variance in 2018, MCWD and city staff have been working to identify
locations for stormwater treatment within the Twin Lake subwatershed. Several potential
treatment sites and Best Management Practices (BMPs) on public and private property were
evaluated. After extensive review, it was determined that there were limited locations within
the Twin Lake subwatershed that had the available space, runoff volumes, existing storm sewer
infrastructure, and suitable soils to provide the treatment that met the water quality treatment
requirements. This is mainly due to its fully developed status and limited open spaces.
MCWD and city staff concluded that the preferred BMP would be a Contech Storm Filter (CSF)
system to be installed on the west side of Northside Park. The CSF unit is an underground
concrete vault that is 8 feet wide, 14 feet long, and 6 feet tall and uses a filtration media
cartridge to remove pollutants from stormwater runoff.
Financial or budget considerations
The following table outlines the estimated project cost and anticipated funding sources for
these projects.
Northside Park - water quality filtration system
Cost
Construction cost $289,000
Engineering and administration $72,000
Total $361,000
Funding Source
Lifetime Fitness escrow $361,000
Total $361,000
Operation and maintenance costs
The city will be responsible for the operation and maintenance of the Northside Park
water quality filtration system (CSF). The city will inspect the CSF as part of our annual
cycle to ensure its proper operation and determine necessary maintenance. The city
currently maintains a similar filter system at Carpenter Park, with a maintenance cost
that ranges from $8,000 to $12,000 every one to three years, depending on annual
City council meeting of November 21, 2022 (Item No. 4a) Page 3
Title: Twin Lake subwatershed improvement agreement
rainfall amounts. Once the project is constructed, it is estimated that there will be
$129,000 remaining from the Lifetime fitness escrow funds. MCWD will transfer these
funds to the city to cover the cost of the maintenance activities of the CSF. It is
estimated that the escrow funds will cover the city’s cost for 22-32 years, depending on
the performance of the system.
Present considerations
To move forward with this project, MCWD and the city will enter into a cooperative agreement.
This agreement details how project development and construction management will proceed.
To provide streamlined project coordination, MCWD’s consultant, Stantec, will complete the
final project design. Engineering staff will manage bidding, and construction oversight, with the
concurrence of MCWD. The city will invoice MCWD for design and construction costs incurred,
and MCWD will disburse escrow funds in reimbursement to the city. Once the project is
complete, the remaining escrow funds will be transferred to the city to cover the maintenance
activities for the CSF. The city attorney has reviewed the agreement.
Next steps
Council approves MCWD agreement Nov. 21, 2022
Final design Winter 2023
Council awards construction bids Summer 2023
Construction August 2023
Meeting: City council
Meeting date: November 21, 2022
Consent agenda item: 4b
Executive summary
Title: Snow removal exempt parking – revision
Recommended action: Motion to Adopt Resolution rescinding Resolution No. 21-076 and
approving the updated list of snow removal exempt parking areas.
Policy consideration: Does council wish to provide exempt parking areas for plowing?
Summary: St. Louis Park’s snow removal ordinance restricts on-street parking after a snowfall.
The city, using a combination of available forecasts, will declare a snow emergency when three
or more inches of snow is forecasted. On-street parking is restricted during a snow emergency
until streets are plowed from curb to curb and the snowfall has ended.
City code Sec. 30-158. Snow removal parking restrictions (2) b allows for exemptions to the
winter parking ordinance, it reads:
The City Manager or designee is authorized to establish and maintain a listing of the public
streets which are not subject to the snow emergency parking ban. The exempted streets
will generally be high density residential streets without or very limited off-street parking.
In these areas, parking is allowed within the first 24 hours of the snow emergency going into
effect. After the first 24 hours, however, vehicles must be moved to a plowed street or parked
off-street. Vehicles that aren’t moved are subject to ticketing and towing.
The exemption does not override posted on-street parking restrictions. To clear up any
confusion, staff annually reviews the list and updates it to reflect new on-street parking
restrictions that have been approved by council and are in conflict. The new resolution rescinds
the previous list and adopts a revised list of snow removal exempt parking streets. Following
the adoption of the resolution, the website maps will be updated.
While reviewing the code and map for this update, it became clear that 1) our practice of
bringing this council is out of alignment with the authority provided to staff and 2) many of the
snow removal exempt streets are not adjacent to high-density residential. Instead, they are
located on streets with commercial land uses. During the 2022-2023 snow season, Public works
staff will actively observe the parking usage in these areas to understand if there is a need to
have the exemptions remain in place. Recommended changes will be brought to council in the
2023 connected infrastructure system discussion.
Financial or budget considerations: The cost of modifying the parking restrictions will be
minimal and will be coming 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, Exhibit A, Resolution 21-076 – to be rescinded,
Snow removal exempt parking list revisions council report Aug.2, 2021
Prepared by: Jack Sullivan, engineering project manager
Reviewed by: Debra Heiser, engineering director
Approved by: Kim Keller, city manager
City council meeting of November 21, 2022 (Item No. 4b) Page 2
Title: Snow removal exempt parking – revision
Resolution No. 22-____
Resolution rescinding Resolution No. 21-076
and exempting streets from the snowfall parking restrictions
Whereas, the City of St. Louis Park, Minnesota established a list of streets exempt from
the snowfall parking ban through section 30-158 of the city code; and,
Whereas, existing parking restrictions must be followed during a snow emergency; and,
Whereas, to keep the snowfall parking exemption list updated, edits must be made to
account for new or removed streets, street names, parking restrictions, higher density
residences, or other circumstances; and,
Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota,
Resolution No. 21-076 be rescinded.
It is further resolved by the City Council of the City of St. Louis Park, Minnesota, that the
engineering director is hereby authorized to do the following:
1. Exempt the streets set forth on Exhibit A hereto and incorporated herein by reference
from the snowfall parking ban pursuant to Section 30-158 of the City Code.
Reviewed for administration: Adopted by the City Council November 21, 2022
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
City council meeting of November 21, 2022 (Item No. 4b) Page 3
Title: Snow removal exempt parking – revision
Exhibit A: Exempt street segments
Existing parking restrictions must be followed during a snow emergency.
Street Name From To Side
1st Street NW Gorham Avenue Republic Avenue Both
14th Street W Dakota Avenue Colorado Avenue North
16th Street W Colorado Avenue Dakota Avenue North
2nd Street NW Gorham Avenue Republic Avenue Both
23rd Street W Edgewood Avenue Florida Avenue Both
23rd Street W W. Serv. Dr. Hwy 100 Utica Avenue North
27th Street W Louisiana Avenue Cul-de-sac Both
28th Street W 4330 28th Street W 100 feet in length Both
30th 1/2 Street W Xylon Avenue Utah Avenue Both
31st Street W Inglewood Avenue East city boundary Both
31st Street W Xylon Avenue Virginia Avenue Both
32nd Street W Xylon Avenue Virginia Avenue North
34th Street W Lake Street 6216 34th Street W Both
35th Street W Webster Avenue Yosemite Avenue Both
35th Street W Wooddale Avenue Zarthan Avenue South
35th Street W Aquila Avenue Cul-de-sac Cul-de-sac only
36th Street W Huntington Avenue Dead end Both
36th 1/2 Street W Monterey Drive Kipling Avenue South
36th 1/2 Street W Monterey Drive Excelsior Boulevard North
37th Street W Inglewood Avenue Joppa Avenue Both
37th Street W Texas Avenue Sumter Avenue Both
Alabama Avenue 27th Street W 25th 1/2 Street W Both
Alabama Avenue 3463 Alabama Avenue 35th Street Both
Aquila Circle Aquila Avenue Cul-de-sac Both
Brookside Avenue Excelsior Boulevard 41st Street W Both
Brunswick Avenue Excelsior Boulevard North to alley East
Cambridge Street Edgewood Avenue CP railroad tracks Both
Cedar Lake Road Quentin Avenue Cul-de-sac South
Colorado Avenue 14th Street W 16th Street W West
Dakota Avenue 14th Street W Cul-de-sac Cul-de-sac only
Edgewood Avenue Cedar Lake Road Dead end West
Edgewood Avenue Oxford Street Cambridge Street Both
Florida Avenue 23rd Street W Cul-de-sac Both
Gorham Avenue Louisiana Avenue Walker Street Both
Grand Way Excelsior Boulevard Wolfe Parkway Both
Hamilton Avenue Wooddale Avenue Brunswick Avenue South
Hampshire Avenue 23rd Street W 24th Street W East
City council meeting of November 21, 2022 (Item No. 4b) Page 4
Title: Snow removal exempt parking – revision
Hampshire Avenue Cedar Lake Road 2012 Hampshire Avenue West
Hampshire Avenue Wayzata Boulevard Cul-de-sac Both
Hwy 7 Service Drive Wooddale Avenue East to cul-de-sac South
Huntington Avenue 36th Street W Excelsior Boulevard Both
Idaho Avenue Cedar Lake Road 2009 Idaho Avenue East
Idaho Avenue 14th Street W Wayzata Boulevard Both
Inglewood Avenue S. Frontage Rd CSAH 25 31st Street W Both
Jersey Avenue 14th Street W Wayzata Boulevard East
Joppa Avenue Minnetonka Boulevard N. Frontage Rd CSAH 25 Both
Joppa Avenue Minnetonka Boulevard Sunset Boulevard East
Lake Street Walker Street Wooddale Avenue Both
Lake Street 34th Street W Brunswick Avenue South
Library Lane Lake Street Walker Street Both
Louisiana Avenue 28th Street W Minnetonka Blvd Both
Louisiana Avenue 28th Street W BSNF railroad bridge East
Louisiana Court 28th Street W Cul-de-sac Both
Lynn Avenue 36th Street W 36th 1/2 Street W West
Lynn Avenue Minnetonka Boulevard N. Frontage Rd CSAH 25 West
Meadowbrook Blvd Excelsior Boulevard Meadowbrook Lane Both
Meadowbrook Lane Excelsior Boulevard Meadowbrook Boulevard Both
Meadowbrook Lane Meadowbrook
Boulevard
Dead end Both
N. Frontage Rd CSAH 25 Joppa Avenue Lynn Avenue North
Natchez Avenue Minnetonka Boulevard 3040 Natchez Avenue West
Nevada Avenue Cedar Lake Road Dead end East
Nevada Avenue Cedar Lake Road 22nd Street W Both
Oak Leaf Drive Louisiana Avenue 2nd Street NW Both
Oxford Street Alabama Avenue Zarthan Avenue Both
Oxford Street Zarthan Avenue Wooddale Avenue North
Oxford Street Zarthan Avenue 160 feet west of Wooddale
South
Oxford Street East of Edgewood Ave CP railroad tracks Both
Park Commons Drive West of Quentin
Avenue
Parking lot Both
Pennsylvania Avenue 14th Street W 13th 1/2 Street W East
Phillipps Parkway 36th Street W Cul-de-sac East
Raleigh Avenue Minnetonka Boulevard N. Frontage Rd CSAH 25 West
Raleigh Avenue 60 ft south of Police
Driveway
N. Frontage Rd CSAH 25 East
Republic Avenue 2nd Street NW Walker Street Both
Rhode Island Avenue 28th Street W Cul-de-sac Both
Ridge Drive Cedar Lake Road Ridge Drive Both
S. Frontage Rd CSAH 25 Lynn Avenue Joppa Avenue South
City council meeting of November 21, 2022 (Item No. 4b) Page 5
Title: Snow removal exempt parking – revision
Sunset Boulevard Joppa Avenue Inglewood Avenue South
Utica Avenue Westside Drive 23rd Street W East
Virginia Avenue 30th 1/2 Street W 32nd Street W Both
Virginia Avenue 32nd Street W Cul-de-sac West
Webster Avenue 35th Street W 36th Street W Both
Westside Drive W. Serv. Dr. Hwy 100 23rd Street W North
Wyoming Avenue Minnetonka Boulevard 2948 Wyoming Avenue West
Xenwood Avenue 36th Street W North to dead end Both
Xenwood Avenue 36th Street W 165 feet south West
Xylon Avenue Minnetonka Boulevard 32nd Street W East
Yosemite Avenue 35th Street W 36th Street W Both
Meeting: City council
Meeting date: November 21, 2022
Consent agenda item: 4c
Executive summary
Title: Accept special assessment: Texa-Tonka shopping center sidewalk – Ward 4
Recommended action: Motion to adopt Resolution authorizing the special assessment for the
Texa-Tonka Shopping Center sidewalk.
Policy consideration: The proposed action is consistent with the city charter and Minnesota
Statutes Chapter 429.
Summary: On March 21, 2022, the city council approved a special assessment agreement with
Texa-Tonka Shopping Center for the construction of a new sidewalk along Minnetonka
Boulevard. Under this agreement, the owners agreed to be assessed for the project, including
all costs related to the survey, design, and construction of the sidewalk. At that time, the
estimated cost, including a 25% contingency, was $53,531.25. The agreement and assessment
were approved through the adoption of a resolution.
This project is complete. The final cost for construction, administration and engineering was
$39,051.11, 27% less than estimated. Hennepin County has requested that the city adopt a new
resolution with the actual amount of the assessment, $39,051.11.
Financial or budget considerations: The city has funds in place to finance the cost of this special
assessment.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Resolution
Resolution 22-045 – to be partially rescinded
Location map
Prepared by: Phillip Elkin, engineering services manager
Reviewed by: Debra Heiser, engineering director
Approved by: Kim Keller, city manager
City council meeting of November 21, 2022 (Item No. 4c) Page 2
Title: Accept special assessment: Texa-Tonka shopping center sidewalk
Resolution No. 22-___
Resolution adopting a public improvement
special assessment
Whereas, Texa Tonka Shopping Center LLC ("Owner") is the fee owner of property
located in the City of St. Louis Park, Hennepin County, Minnesota legally described as:
Lots 14 TO 27, Block 2, TEXA TONKA ADDITION
And having street address of 8000 Minnetonka Boulevard, St. Louis Park, Minnesota
55426 (the "Subject Property").
Whereas, Owner has requested assessment of the costs associated with installing a
concrete sidewalk and boulevard improvements along Minnetonka Boulevard and Virginia
Avenue South, together with associated legal expenses, engineering, administration, and staff
time, financing (bond issuance), construction observation, surveying, record drawing
preparation, permits, and publications against the Subject Property;
Whereas, the City has received the attached signed Public Improvement and Special
Assessment Agreement, attached hereto as Exhibit A, ("Assessment Agreement") that includes
assessment of the costs of the improvements and waiving all applicable assessment procedural
requirements and requesting to be assessment for the public improvement costs in the amount
itemized therein against the Subject Property.
Whereas, items 2, 3, 4 and 5 of the resolution 22-045 adopted a public improvement
special assessment in the amount of $53,531.25 and described the terms of the special
assessment.
Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota,
as follows:
1. Items 2, 3, 4 and 5 of the resolution 22-045 be rescinded.
2. A special assessment in the principal amount of $39,051.11 is hereby imposed against
the Subject Property.
3. Such assessment shall be payable in equal annual installments extending over a period
of 10 years, the first of the installments to be payable with the first installment of the 2023
property taxes, and shall bear interest at the rate of 3% per annum. To the first installment shall
be added interest on the entire assessment from the date of this resolution until December 31,
2023. The entire unpaid balance of the assessment shall be due and payable in full upon the
sale of any portion of the Subject Property.
4. The Owner may, at any time prior to certification of the assessment to the County
Auditor, pay the whole of the assessment on such property, with interest accrued to the date of
City council meeting of November 21, 2022 (Item No. 4c) Page 3
Title: Accept special assessment: Texa-Tonka shopping center sidewalk
payment, to the City, except that no interest shall be charged if the entire assessment is paid
within 60 days from the adoption of this resolution; and the property owner may, at any time
thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which such payment is made. Such
payment must be made before November 15 or interest will be charged through December 31
of the next succeeding year.
5. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of the County. Such assessments shall
be collected and paid over in the same manner as other municipal taxes.
Reviewed for Administration: Adopted by the City Council November 21, 2022
Kim Keller, city manager
Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
MINNETONKA BLVDMINNETONKA BLVDVIRGINIA AVE SVIRGINIA AVE S0 40 8020
Feet
Texa Tonka
Sidewalk Project
New Sidewalk
Boulevard
Date: 3/15/2022
City council meeting of November 21, 2022 (Item No. 4c)
Title: Accept special assessment: Texa-Tonka shopping center sidewalk - Ward 4 Page 4
Meeting: City council
Meeting date: November 21, 2022
Consent agenda item: 4d
Executive summary
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water
tower at 2541 Nevada Avenue South.
Recommended action: Motion to approve an agreement between the city and Dish Wireless
LLC for communication antennas and related equipment to be placed on the city’s water tower
at 2541 Nevada Avenue South.
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 2541 Nevada Avenue South.
Space on the water tower became available due to a Sprint/T-Mobile merger that led to the
decommissioning of Sprint equipment.
Dish Wireless LLC plans call for the installation of three antennas to expand their cellular
coverage capabilities in the area. This lease is for a five-year term with the option of four
renewable five-year terms.
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 $18,720 (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.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Lease agreement
Prepared by: Mike Okey, public works services manager
Reviewed by: Jay Hall, public works director
Approved by: Kim Keller, city manager
218685v1
Te nant Site I.D. #: MNMSP00487A
Site Name: EWT 4 (elevated water tower) @ 2541 Nevada Ave S
COMMUNICATION SITE LEASE AGREEMENT
by and between
CITY OF ST. LOUIS PARK
and
DISH WIRELESS L.L.C.
Dated: , 202_
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 November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 2
218685v1
Tenant Site Number: MNMSP00487A 1
Tenant Site I.D. #: MNMSP00487A
Site Name: EWT 4 (elevated water tower) @ 2541 Nevada Ave S
COMMUNICATION SITE LEASE AGREEMENT
This C o mmunication Site Lease Agreement (“Lease”) is entered into effective as of the
day of , 202_, 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., St. Louis Park, MN 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 2541 Nevada Ave. S., St.
Louis Park, MN 55426 known as “EWT 4 (elevated water tower) @ 2541 Nevada Ave S”, as legally
described in Exhibit “A” atta ched 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 three
(3) antennas 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, adjacent to 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) an eleven foot by thirteen foot (11’ x
13’) space on the Property, adjacent to the Water Tower for Tenant’s Communication Facility; (iii) a
non-exclusive right of entry over the Property for ingress and egress to the Leas ed Premises and for the
installation, operation and maintenance of Utilities and Coaxial Cable over, under and across the
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 3
218685v1 Tenant Site Number: MNMSP00487A 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 as 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) an eleven foot by thirteen foot (11’ x 13’)
space on the Property 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”),
commencing on the earlier of the date Tenant commences installation of T enant’s C ommunication
F acility o r January 1, 2023 (“Commencement Date”). Landlord shall s e nd a letter setting forth the
actual Commencement Date and the last day of the Initial Term. Tenant s hall have the right to extend
this Lease for four (4) additional five (5) year terms (each, a "Renewal Term") subject to the te rms of
this Lease. The R e newal Terms of this Lease shall be on the s ame terms a nd conditions as set forth
herein except for re ntal adjustments as provide d in Paragra ph 3, Re nt, be low. This Lease shall be
automatically renewed for each of the Renewal Terms unless: (i) Tenant gives La ndlord written notice
of Te nant’s intention not to renew this Lease at least ninety (90) days prior to the e xpiration of the
Ini tial Term or any applicable Renewal Term, or (ii) La ndlor d gives Te nant writte n notice of
Landlord’s intention not to renew this Lease at lease e ightee n (18) months prior to the e xpiration 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 November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 4
218685v1
Tenant Site Number: MNMSP00487A 3
Based on Tenant's installation of Tenant’s Tower Equipment and Tenant’s Communication
Facility as described herein and set forth in the Plans and Specifica tions, the annual rent on the
Commencement Date of this Lease shall be Eighteen Thousand Seven Hundred Twenty and
No/100 Dollars ($18,720.00) 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 partial year and 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 1s t 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
within 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 fr om Landlord showing such actual, undisputed costs.
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 5
218685v1
Tenant Site Number: MNMSP00487A 4
4. GOVERNMENTAL APPROVAL CONTINGENCY.
a. Approva ls . 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 Tena nt’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. Interfe rence 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 Paragraph 6.a. hereof.
c. Non-a pproval. 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 r ight 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 November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 6
218685v1 Tenant Site Number: MNMSP00487A 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 Landlord’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 November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 7
218685v1
Tenant Site Number: MNMSP00487A 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 and
expense, 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 unrelated 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
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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 ve hicle . 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 Water 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 f rom 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
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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 ,
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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 Water 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
power 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 Equipment 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 comple tion of Landlord’s painting 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 incurred 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 written 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 Tower Equipment and Tenant’s Communication
Facility, in compliance with all FCC rules and regulations, and good engineering practices and
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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
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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. Tenant shall be solely responsible for any taxes on its personal property.
c. 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 s howing the exact location of all
Tenant’s Utilities and Coaxial Cable installed on the Lea sed Premises and the Property. Tenant shall
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
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to the Leased Premises, in the location(s) shown in Exhibit B, or location(s) otherwise mutually agreed
upon by the partie s.
It shall be the responsibility of Tenant, its agents, contractors and/or subcontractors at Tenant’s
sole cost and 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.
9. ADDITIONAL TENANT FACILITIES.
Tenant may not add additional antennas, facilities, 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
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and visual impact resulting from technology changes and/or repairs and maintenance . If Landlord
approves additional facilities, equipment, antennas, or coaxial transmission lines, there will be
additiona l 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
“Defa ult” 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,
limiting 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.
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 which
default is not cured within sixty (60) days of receipt of written notice of default
(with out, however, limiting any other rights available to the parties pursuant to any
other provisions hereof), provided the defaulting party shall have such extended period
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as 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
any 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
all reasonable efforts to comply with all applicable governme ntal requirements;
iii. by Landlord, if its Council decides, for any reason, to develop the Property and/or
Leased Premises upon two hundred ten (210) 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
before 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;
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;
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viii. by Tenant, upon sixty (60) days’ notice to Landlord, if changes in applicable law which
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
disc retion, 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. Not ice 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. Remova l of Communication 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
its original condition. 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.
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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 elected
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, operation, use, maintenance, repair or removal of the Tenant’s Tower Equipment or
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.
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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 Le ased 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, batteries or any hazardous substance, w aste, 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 Hazardous 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, about, 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
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. N otwithstanding 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 bus iness 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 Leas e.
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
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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 Se ction 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
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)
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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
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
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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/MNMSP00487A
5701 South Santa Fe Drive
Littleton, Colorado 80120
20. MISCELLANEOUS:
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.
b. Complete Lease; Amendments. This Lease supersedes all prior discussions and
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. Counte r parts . This Lease may be signed in counterparts by the parties hereto each of
which counterparts shall be considered an original.
d. Binding Effect. The terms and conditions of this Lease shall inure to the benefit of and
be binding on the respective parties and their respective successors and permitted assignees.
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 22
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Tenant Site Number: MNMSP00487A 21
e. Enforcement and Attorneys' Fees . The prevailing party in any action or proce eding 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 a ccordance with the laws of the State
of Minnesota.
g. Sev e rability . 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. Memor andum 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.
i. Estoppe l 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 Wa iver. No provision 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 Recitals set forth above and the terms therein are hereby incorporated in
this Lease as though they were set forth in the body hereof.
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 23
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Tenant Site Number: MNMSP00487A 22
m. Landlord Maintenance 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. Struc ture Unfit 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
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.
[Remainder of page intentionally left blank. Signature page follows.]
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 24
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Tenant Site Number: MNMSP00487A 23
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 November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 25
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Tenant Site Number: MNMSP00487A 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 company 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 November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 26
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Tenant Site Number: MNMSP00487A 25
LIST OF EXHIBITS
Exhibit “A”: Legal Description of the Property
Exhibit “B”: Plans and Specifications
Exhibit “C ” Tenant’s Required Insurance
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 27
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Tenant Site I.D. #: MNMSP00487A
Site Name: EWT 4 (elevated water tower) @ 2541 Nevada Ave S
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY:
PROPOSED LEASE AREA
A 11 FOOT x 13 FOOT PARCEL OF LAND, BEING A PART OF AND LYING ENTIRELY WITHIN
A PARCEL IN ALL OF LOTS A, 17, 21 AND THAT PART OF LOT 18 OF "HOME ADDITION TO
ST. LOUIS PARK" AS DESCRIBED IN WARRANTY DEED RECORDED IN THE HENNEPIN
COUNTY RECORDERS' OFFICE IN INSTRUMENT NO. 2750538 AND CERTIFICATE OF TITLE
NO. 184217, IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 117 NORTH, RANGE
21 WEST, HENNEPIN COUNTY, MINNESOTA, AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST CORNER OF SAID PARCEL, SAID CORNER IS LOCATED ON
THE EASTERLY RIGHT-OF WAY LINE OF NEVADA AVE. S;
THENCE ALONG AND UPON SAID RIGHT-OF-WAY LINE, SOUTH 00°52'07" EAST, A
DISTANCE OF 9.98 FEET TO THE POINT-OF-BEGINNING OF PROPOSED ACCESS/UTILITY
EASEMENT;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 89°11'05" EAST, A DISTANCE OF
185.68 FEET (L1);
THENCE NORTH 82°39'45" EAST, A DISTANCE OF 46.65 FEET (L2);
THENCE NORTH 68°50'44" EAST, A DISTANCE OF 74.33 FEET (L3);
THENCE NORTH 07°22'39" WEST, A DISTANCE OF 43.60 FEET (L4);
THENCE NORTH 19°05'04" WEST, A DISTANCE OF 57.30 FEET (L5);
THENCE NORTH 08°09'10" WEST, A DISTANCE OF 29.00 FEET (L6);
THENCE NORTH 25°48'50" WEST, A DISTANCE OF 15.77 FEET (L7);
THENCE NORTH 32°22'02" WEST, A DISTANCE OF 15.36 FEET (L8);
THENCE NORTH 01°52'51" WEST, A DISTANCE OF 38.78 FEET (L9);
THENCE NORTH 87°38'29" EAST, A DISTANCE OF 39.14 FEET (L10);
THENCE SOUTH 02°21'31" EAST, A DISTANCE OF 1.00 FEET TO THE POINT-OF-BEGINNING;
THENCE NORTH 87°38'29" EAST, A DISTANCE OF 13.00 FEET (L23);
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
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THENCE SOUTH 02°21'31" EAST, A DISTANCE OF 11.00 FEET (L24);
THENCE SOUTH 87°38'29" WEST, A DISTANCE OF 13.00 FEET (L25);
THENCE NORTH 02°21'31" WEST, A DISTANCE OF 11.00 FEET (L26), TO THE POINT-OF-
BEGINNING;
CONTAINING 143 SQUARE FEET (0.003 ACRES) MORE OR LESS.
PROPOSED ACCESS/UTILITY EASEMENT
A 12 FOOT WIDE PARCEL OF LAND, BEING A PART OF AND LYING ENTIRELY WITHIN A
PARCEL IN ALL OF LOTS A, 17, 21 AND THAT PART OF LOT 18 OF "HOME ADDITION TO ST.
LOUIS PARK" AS DESCRIBED IN WARRANTY DEED RECORDED IN THE HENNEPIN
COUNTY RECORDERS' OFFICE IN INSTRUMENT NO. 2750538 AND CERTIFICATE OF TITLE
NO. 184217, IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 117 NORTH, RANGE
21 WEST, HENNEPIN COUNTY, MINNESOTA, AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST CORNER OF SAID PARCEL, SAID CORNER IS LOCATED ON
THE EASTERLY RIGHT-OF WAY LINE OF NEVADA AVE. S;
THENCE ALONG AND UPON SAID RIGHT-OF-WAY LINE, SOUTH 00°52'07" EAST, A
DISTANCE OF 9.98 FEET TO THE POINT-OF-BEGINNING;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 89°11'05" EAST, A DISTANCE OF
185.68 FEET (L1);
THENCE NORTH 82°39'45" EAST, A DISTANCE OF 46.65 FEET (L2);
THENCE NORTH 68°50'44" EAST, A DISTANCE OF 74.33 FEET (L3);
THENCE NORTH 07°22'39" WEST, A DISTANCE OF 43.60 FEET (L4);
THENCE NORTH 19°05'04" WEST, A DISTANCE OF 57.30 FEET (L5);
THENCE NORTH 08°09'10" WEST, A DISTANCE OF 29.00 FEET (L6);
THENCE NORTH 25°48'50" WEST, A DISTANCE OF 15.77 FEET (L7);
THENCE NORTH 32°22'02" WEST, A DISTANCE OF 15.36 FEET (L8);
THENCE NORTH 01°52'51" WEST, A DISTANCE OF 38.78 FEET (L9);
THENCE NORTH 87°38'29" EAST, A DISTANCE OF 39.14 FEET (L10);
THENCE SOUTH 02°21'31" EAST, A DISTANCE OF 12.00 FEET (L11);
THENCE SOUTH 87°38'29" WEST, A DISTANCE OF 27.24 FEET (L12);
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 29
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THENCE SOUTH 01°52'51" EAST, A DISTANCE OF 23.61 FEET (L13);
THENCE SOUTH 32°22'02" EAST, A DISTANCE OF 12.78 FEET (L14);
THENCE SOUTH 25°48'50" EAST, A DISTANCE OF 18.32 FEET (L15);
THENCE SOUTH 08°09'10" EAST, A DISTANCE OF 29.72 FEET (L16);
THENCE SOUTH 19°05'04" EAST, A DISTANCE OF 57.38 FEET (L17);
THENCE SOUTH 07°22'39" EAST, A DISTANCE OF 54.25 FEET (L18);
THENCE SOUTH 68°50'44" WEST, A DISTANCE OF 85.20 FEET (L19);
THENCE SOUTH 82°39'45" WEST, A DISTANCE OF 48.78 FEET (L20);
THENCE SOUTH 89°11'05" WEST, A DISTANCE OF 186.35 FEET (L21) TO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF NEVADA AVE. S;
THENCE ALONG AND UPON SAID RIGHT-OF-WAY LINE, NORTH 00°52'07" WEST, A
DISTANCE OF 12.00 FEET (L22) TO THE POINT-OF-BEGINNING;
CONTAINING 6,539 SQUARE FEET (0.15 ACRES) MORE OR LESS.
PROPOSED UTILITY EASEMENT #1
A 6 FOOT WIDE PARCEL OF LAND, BEING A PART OF AND LYING ENTIRELY WITHIN A
PARCEL IN ALL OF LOTS A, 17, 21 AND THAT PART OF LOT 18 OF "HOME ADDITION TO ST.
LOUIS PARK" AS DESCRIBED IN WARRANTY DEED RECORDED IN THE HENNEPIN
COUNTY RECORDERS' OFFICE IN INSTRUMENT NO. 2750538 AND CERTIFICATE OF TITLE
NO. 184217, IN THE NORTH WEST QUARTER OF SECTION 8, TOWNSHIP 117 NORTH, RANGE
21 WEST, HENNEPIN COUNTY, MINNESOTA, AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST CORNER OF SAID PARCEL, SAID CORNER IS LOCATED ON
THE EASTERLY RIGHT-OF WAY LINE OF NEVADA AVE. S;
THENCE ALONG AND UPON SAID RIGHT-OF-WAY LINE, SOUTH 00°52'07" EAST, A
DISTANCE OF 9.98 FEET TO THE POINT-OF-BEGINNING OF PROPOSED ACCESS/UTILITY
EASEMENT;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 89°11'05" EAST, A DISTANCE OF
185.68 FEET (L1);
THENCE NORTH 82°39'45" EAST, A DISTANCE OF 46.65 FEET (L2);
THENCE NORTH 68°50'44" EAST, A DISTANCE OF 74.33 FEET (L3);
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
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THENCE NORTH 07°22'39" WEST, A DISTANCE OF 43.60 FEET (L4);
THENCE NORTH 19°05'04" WEST, A DISTANCE OF 57.30 FEET (L5);
THENCE NORTH 08°09'10" WEST, A DISTANCE OF 29.00 FEET (L6);
THENCE NORTH 25°48'50" WEST, A DISTANCE OF 15.77 FEET (L7);
THENCE NORTH 32°22'02" WEST, A DISTANCE OF 15.36 FEET (L8);
THENCE NORTH 01°52'51" WEST, A DISTANCE OF 38.78 FEET (L9);
THENCE NORTH 87°38'29" EA ST, A DISTANCE OF 39.14 FEET (L10);
THENCE SOUTH 02°21'31" EAST, A DISTANCE OF 1.00 FEET TO THE NORTHWEST CORNER
OF PROPOSED LEASE AREA;
THENCE ALONG AND UPON THE NORTHERLY LINE OF SAID LEASE AREA, NORTH
87°38'29" EAST, A DISTANCE OF 13.00 FEET (L23) TO THE NORTHEAST CORNER OF SAID
LEASE AREA, SAID POINT ALSO BEING THE POINT-OF-BEGINNING;
THENCE LEAVING SAID NORTHEAST CORNER, NORTH 79°42'11" EAST, A DISTANCE OF
40.21 FEET (L27);
THENCE NORTH 70°44'07" EAST, A DISTANCE OF 24.89 FEET (L28) TO A POINT ON THE
NORTHERLY LINE OF LOT 17 OF "HOME ADDITION TO ST. LOUIS PARK";
THENCE ALONG AND UPON SAID NORTHERLY LINE, NORTH 89°07'53" EAST, A DISTANCE
OF 19.01 FEET (L29);
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 70°44'07" WEST, A DISTANCE OF 43.41
FEET (L30);
THENCE SOUTH 79°42'11" WEST, A DISTANCE OF 41.52 FEET (L31);
THENCE NORTH 02°21'31" WEST, A DISTANCE OF 6.00 FEET (L32) TO THE POINT-OF-
BEGINNING;
CONTAINING 450 SQUARE FEET (0.01 ACRES) MORE OR LESS.
THE SIDELINES OF SAID ARE EASEMENT ARE TO BE PROLONGED OR SHORTENED SO AS
TO TERMINATE ON NORTH PROPERTY LINE. SUBJECT TO INGRESS AND EGRESS,
OVERHEAD POWER LINE, AND ALL EASEMENTS, RESERVATIONS, OR RESTRICTIONS OF
RECORD, IF ANY.
PROPOSED UTILITY EASEMENT #2 A 5 FOOT WIDE PARCEL OF LAND, BEING A PART OF AND LYING ENTIRELY WITHIN A
PARCEL IN ALL OF LOTS A, 17, 21 AND THAT PART OF LOT 18 OF "HOME ADDITION TO ST.
LOUIS PARK" AS DESCRIBED IN WARRANTY DEED RECORDED IN THE HENNEPIN
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 31
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COUNTY RECORDERS' OFFICE IN INSTRUMENT NO. 2750538 AND CERTIFICATE OF TITLE
NO. 184217, IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 117 NORTH, RANGE
21 WEST, HENNEPIN COUNTY, MINNESOTA, AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST CORNER OF SAID PARCEL, SAID CORNER IS LOCATED ON
THE EASTERLY RIGHT-OF WAY LINE OF NEVADA AVE. S;
THENCE ALONG AND UPON SAID RIGHT-OF-WAY LINE, SOUTH 00°52'07" EAST, A
DISTANCE OF 9.98 FEET TO THE POINT-OF-BEGINNING OF PROPOSED ACCESS/UTILITY
EASEMENT;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 89°11'05" EAST, A DISTANCE OF
185.68 FEET (L1);
THENCE NORTH 82°39'45" EAST, A DISTANCE OF 46.65 FEET (L2);
THENCE NORTH 68°50'44" EAST, A DISTANCE OF 74.33 FEET (L3);
THENCE NORTH 07°22'39" WEST, A DISTANCE OF 43.60 FEET (L4);
THENCE NORTH 19°05'04" WEST, A DISTANCE OF 57.30 FEET (L5);
THENCE NORTH 08°09'10" WEST, A DISTANCE OF 29.00 FEET (L6);
THENCE NORTH 25°48'50" WEST, A DISTANCE OF 15.77 FEET (L7);
THENCE NORTH 32°22'02" WEST, A DISTANCE OF 15.36 FEET (L8);
THENCE NORTH 01°52'51" WEST, A DISTANCE OF 38.78 FEET (L9);
THENCE NORTH 87°38'29" EAST, A DISTANCE OF 39.14 FEET (L10);
THENCE SOUTH 02°21'31" EAST, A DISTANCE OF 1.00 FEET TO THE NORTHWEST CORNER
OF PROPOSED LEASE AREA;
THENCE ALONG AND UPON THE NORTHERLY LINE OF SAID LEASE AREA, NORTH
87°38'29" EAST, A DISTANCE OF 13.00 FEET (L23) TO THE NORTHEAST CORNER OF SAID
LEASE AREA;
THENCE ALONG AND UPON THE EASTERLY LINE OF SAID LEASE AREA, SOUTH 02°21'31"
EAST, A DISTANCE OF 11.00 FEET (L24) TO THE SOUTHEAST CORNER OF SAID LEASE
AREA;
THENCE ALONG AND UPON THE SOUTHERLY LINE OF SAID LEASE AREA, SOUTH 87°38'29"
WEST, A DISTANCE OF 1.37 FEET TO THE POINT-OF-BEGINNING;
THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 35°38'37" EAST, A DISTANCE OF 14.56
FEET;
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
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THENCE SOUTH 19°40'55" WEST, A DISTANCE OF 6.08 FEET;
THENCE NORTH 35°38'37" WEST, A DISTANCE OF 21.30 FEET TO A POINT ON THE
SOUTHERLY LINE OF PROPOSED LEASE AREA;
THENCE ALONG AND UPON THE SOUTHERLY LINE OF SAID LEASE AREA, NORTH
87°38'29" EAST, A DISTANCE OF 5.98 FEET TO THE POINT-OF-BEGINNING;
CONTAINING 90 SQUARE FEET (0.002 ACRES) MORE OR LESS.
(See attached Survey)
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
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Wireless ServicesPBMNEVADA AVE. S(PUBLIC R.O.W. VARIES)(ASPHALT)REGISTER E D L A ND S
U
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VEYORROSS R. WAMRE
45334
MI
N N E S O TAPART O
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LOT 16
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45334
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N N E S O TACity council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 34
NW 1/4
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LOT 17
LOT 16
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City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 35
Wireless ServicesPBMPART O
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LOT 17
LOT 16LOT 15
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
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Wireless ServicesPBMCity council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 37
Wireless ServicesPBMCity council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 38
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Tenant Site I.D. #: MNMSP00487A
Site Name: EWT 4 (elevated water tower) @ 2541 Nevada Ave S
EXHIBIT “B”
PLANS AND SPECIFICATIONS
(See attached Site Plan and Drawings)
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 39
SSC25Reg. NO.DateDiscipline covered by this certification: CIVILTyped or Printed NameSignature50153I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OF MINNESOTA.Kevin VanMaele, P.E.A-11DocuSign Envelope ID: A51DFB29-72C2-4DBA-B500-1434E2CC872010/27/2022City council meeting of November 21, 2022 (Item No. 4d) Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541 Nevada Avenue SouthPage 40
SSC25Reg. NO.DateDiscipline covered by this certification: CIVILTyped or Printed NameSignature50153I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OF MINNESOTA.Kevin VanMaele, P.E.A-21DocuSign Envelope ID: A51DFB29-72C2-4DBA-B500-1434E2CC872010/27/2022City council meeting of November 21, 2022 (Item No. 4d) Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541 Nevada Avenue SouthPage 41
SSC25Reg. NO.DateDiscipline covered by this certification: CIVILTyped or Printed NameSignature50153I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OF MINNESOTA.Kevin VanMaele, P.E.A-3132DocuSign Envelope ID: A51DFB29-72C2-4DBA-B500-1434E2CC872010/27/2022City council meeting of November 21, 2022 (Item No. 4d) Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541 Nevada Avenue SouthPage 42
SSC25Reg. NO.DateTyped or Printed NameSignatureI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND THATI AM A DULY LICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OF MINNESOTA.Shelton D. Keisling, P.E.47757Discipline covered by this certification: ELECTRICALE-11DocuSign Envelope ID: A51DFB29-72C2-4DBA-B500-1434E2CC872010/27/2022City council meeting of November 21, 2022 (Item No. 4d) Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541 Nevada Avenue SouthPage 43
218685v1
Tenant Site I.D. #: MNMSP00487A
Site Name: EWT 4 (elevated water tower) @ 2541 Nevada Ave S
EXHIBIT “C”
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 disease, each employe e.
b. General 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 Premises/Operation, broad form contractual liability, independent
contractors, and products/completed operations.
The Tenant 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 utomobile 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.
The Commercial Automobile Policy shall include at least statutory personal injury protection,
uninsured motorists and underinsured motorists coverages.
d. Tenant Property 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 reasonable
satisfaction of Landlord, for damage caused by Hazardous Materials.
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 dditional 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),
City council meeting of November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 44
218685v1
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 Liabili ty 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 November 21, 2022 (Item No. 4d)
Title: Lease agreement with Dish Wireless LLC for cellular antennas to be placed on the water tower at 2541
Nevada Avenue South Page 45
Meeting: City council
Meeting date: November 21, 2022
Consent agenda item: 4e
Official minutes
Parks & recreation advisory commission
Sept. 14, 2022 | 6 p.m.
Members present: Bruce Cantor, George Foulkes, Leah Hollingsworth, Jay Jaffee, Lisa Proulx
and Sonya Rippe
Members absent: George Hagemann
Staff present: Jason West, Parks and Recreation Director, Radious Guess, Race, Equity
and Inclusion Director, Jason Eisold, Rec Center Manager, Nate Rosa,
Recreation Supervisor, Carrie Mandler, Recording Secretary
Guest: Shantel Schmale, Park Flyers Track & Field
1. Call to order
Commissioner Hollingsworth, chair, called the meeting to order at 6:04 p.m.
2. Introductions
a. Welcome Radious Guess, Race, Equity and Inclusion Director (Jason West)
Commissioner Hollingsworth requested brief introductions from each meeting attendee.
After giving their name, each attendee gave a brief background on their connection to
St. Louis Park.
Mr. West formerly introduced Radious Guess, the new City of St. Louis Park Race, Equity
and Inclusion Director. She described her background focusing most recently on her
work over the past 10 years in Minnesota. She worked for District 287, a co-op for
students with special needs covering several school districts. She has also worked for
Minneapolis and Bloomington public schools and the Minneapolis Park Board. An
interesting note is she holds two world records in track and field. Ms. Guess has been
with the City of St. Louis Park for one week and is looking forward working with the staff
and community. Prior to exiting the meeting, she requested feedback from
Commissioners on a future police chief for St. Louis Park. The current chief is retiring.
She distributed a flyer with a QR code which will open a survey and allow
Commissioners to provide feedback.
3. Approval of minutes – August 17, 2022
It was moved by Commissioner Rippe, seconded by Commissioner Cantor, to approve the
meeting minutes of August 17, 2022, as presented. The motion passed 6 - 0.
City council meeting of November 21, 2022 (Item No. 4e) Page 2
Title: Parks & Recreation advisory commission minutes of Sept. 14, 2022
4. Presentation
a. Park Flyers Track & Field (Shantel Schmale)
Shantel Schmale, President of the Board of Directors for the Park Flyers Track and Field,
thanked the Commission for the opportunity to present on behalf of the St. Louis Park
Flyers, now the Minnesota Flyers. She advised her introduction to the Flyers
organization began in 2017 when her son couldn’t play baseball. The Flyers organization
was a good fit for him to stay in shape. She advised, although the organization is based
in St. Louis Park, their facilities and participants represent St. Louis Park and surrounding
communities. Due to these demographics, they are now the Minnesota Flyers Track and
Field.
The overall mission for the Flyers track team is to support young athletes in the
community and help them become better athletes while focusing on the whole person
advised Ms. Schmale. Participants are encouraged to do their best academically as well
as athletically. The organization includes families from all walks of life including cultural
and economic diversity, as well as athletes with special needs. She mentioned, however,
the special needs coaching was paused due to lack of qualified coaches during the
COVID-19 closures. She also mentioned some of their athletes have gone as far as to run
in the Olympics.
Ms. Schmale advised one notable challenge for the Flyers is to find suitable facilities.
The St. Louis Park High School outdoor track is not in good condition. Therefore, practice
is held at Armstrong High School in Plymouth. Indoor practices are held at the Lindbergh
Center in Hopkins. She emphasized they have a need for a suitable facility in St. Louis
Park.
Another challenge cited by Ms. Schmale is the financial situation. The number of
athletes has grown from very few in 2020 to over 250 in 2022. She noted they are in
need of extensive fundraising. Commissioner Hollingsworth advised the Commission has
heard from many St. Louis Park organizations, all with similar finance and space
challenges. She indicated the Commission would like to facilitate a way to bring the St.
Louis Park associations together for further discussions. This will give organizations a
platform to share their strengths and weaknesses. Ms. Schmale expressed favor in being
a part of the discussions. Another suggestion to contact the St. Louis JCC for a possible
indoor practice space was given by Commissioner Cantor. Commissioner Proulx
suggested breaking up the age groups for more efficient use of time and space. In
response to a question from Commissioner Hollingsworth, Ms. Schmale advised they are
not allowed to work with high school athletes until the high school season has ended.
Ms. Schmale advised the Flyers athletes are very successful. The team is always a top
contender at regionals. In addition, of the 20 at-large positions awarded, 17 were given
to Flyer’s athletes. She advised they recently returned home with four medals from
nationals.
City council meeting of November 21, 2022 (Item No. 4e) Page 3
Title: Parks & Recreation advisory commission minutes of Sept. 14, 2022
In response to a question from Commissioner Foulkes, Ms. Schmale advised fees for the
Flyers program range from $150 – $300 per person. She added there are 16 athletes
who received scholarships. In response to a question from Commissioner Hollingsworth,
Ms. Schmale advised athlete ages range from 5 – 18. Commissioner Proulx inquired how
athletes are coached. Ms. Schmale advised coaches are volunteer.
In response to a question from Commissioner Hollingsworth about booster clubs and
sponsors, Ms. Schmale advised Parkway Pizza works with them frequently. The Flyers
are also in the process of planning a fundraising golf tournament at Brookview Golf
course. Commissioner Jaffee emphasized the importance of educating parents and
children on how to approach companies for donations. Ms. Schmale advised another
opportunity to showcase the Flyers program is a summer Fun Run.
Ms. Hollingsworth advised the Commission will be discussing their work plan for the
upcoming year and one of the agenda items is how to pursue a meeting for all the
athletic associations in St. Louis Park.
5. Business
a. Staff Appreciation Event, final details (Commissioners)
Mr. West distributed copies of the Staff appreciation breakfast for Commissioners to
view. Commissioner Hollingsworth offered to pick up fresh pastries from Valley Pastries.
Commissioner Cantor mentioned he has easy access to the Costco business center. He
and Commissioner Foulkes will be responsible for supplying coffee, juice and fruit.
Commissioner Hollingsworth suggested, based on last year’s numbers, the Commission
will plan for approximately 60 to attend this year. The breakfast is from 7:30 – 9 a.m. on
October 4. There is a room reserved and the picnic shelter is available for seating at
Westwood Hills Nature Center. Mr. West mentioned he will request Westwood staff to
start coffee at 6:30 a.m. Commissioners should plan to arrive to help at 7 a.m. Mr. West
advised he will make sure there are compostable plates, napkins and cups.
6. Staff communication
a. Aquatic Park update / ROCtoberfest event (Nate Rosa)
Mr. Rosa advised in 2022 the Aquatic Park was open from June 3 – August 23. There
were 30,391 entrances and 1,896 season passes sold. The revenue for 2022 was
$662,268.00, slightly higher than projected, although in 2021 the revenue was $714,00.
He noted that the St. Louis Park Aquatic Park was the only public pool which opened in
the area in 2021 resulting in higher revenue. Adjustments were made to swim times for
the senior population.
Mr. Rosa advised ROCtoberfest will be held September 24 from 5 – 9 p.m. There will be
music, games, prizes, food and drink sponsored by Park Tavern. Utepils Brewing will also
be serving beer. In addition, he advised the Lions Club will be serving food. Pets are
City council meeting of November 21, 2022 (Item No. 4e) Page 4
Title: Parks & Recreation advisory commission minutes of Sept. 14, 2022
welcome and there will be family friendly activities. There are 300 – 500 participants
expected.
Other noteworthy events from 2022 include the popular movie nights. Around 200
people attended the movie night last week. The next one is Friday, September 16
beginning at 7:30 p.m. at Minikahda Vista Park. Mr. Rosa also noted the following
additional events: Spina Bifida Walk at Wolfe Park, Ataxia Walk at Wolfe Park,
Cyclocross at Aquila Park, Big Bounce America and this weekend is the MinnesoThai
festival. He advised the date for the 2023 ShamROC Ice Bowling event is set for March
18. In response to a question from Commissioner Jaffee about the Art Fair, Mr. Rosa
acknowledged Ms. Weiler, Recreation and Facilities Supervisor, supervised that event.
Mr. Eisold advised it was very well attended. There were 77 vendors participating.
b. Rec Center projects for 2022 (Jason Eisold)
Commissioners viewed pictures of Capital Improvement projects completed and in the
works in 2022 beginning with the Rec Center solar array. Mr. Eisold advised the 246-
kilowatt solar array is the largest on any city facility. He mentioned they are still waiting
for some components to connect to Xcel Energy. A picture of the repaved Rec Center
Parking lot was viewed next. Parking lot lights and poles were also replaced. The east
arena was repainted, and new rubber flooring was installed on the east and west
arenas. Mr. Eisold advised plans for digital marquee signs in two key locations are in
motion. They should be up and running by the end of November. There are
approximately 400,000 visitors a year that will view these signs along with the heavy
traffic passing by on the roads.
A new aquatic park shade structure will be installed replacing the current gazebo
providing more accessibility. Other 2022 projects include: refresh and redo the pool
landscaping, security camera upgrades, bathroom partitions and lockers replaced in
pool locker rooms. The ROC Storage garage project may be moved to another year due
to cost considerations.
7. Member Communication
Commissioners engaged in a short discussion on the differences between various St. Louis
Park organizations and their fundraising processes, finances and use of facilities. Continued
conversation about a future meeting for all St. Louis Park organizations was determined to
be necessary. Commissioner Hollingsworth suggested sending a survey to the associations
prior to the meeting. Another suggestion was given to meet with key players prior to the
association meeting. Mr. West advised the October meeting would be a good time to invite
them. Commissioner Cantor agreed with Mr. West that Andy Ewald should be invited to the
October meeting to give an update on the needs and challenges of the School District. Ms.
Proulx advised Patrice Howard would be another key player to add to the conversation. Mr.
West advised he will invite Andy Ewald and Patrice Howard to attend the October 19
meeting.
City council meeting of November 21, 2022 (Item No. 4e) Page 5
Title: Parks & Recreation advisory commission minutes of Sept. 14, 2022
In reference to previous meetings, Mr. West presented a draft of a “no idling” sign. These
signs will be placed in key areas throughout the city. He noted a QR code on the sign for
more information. Mr. Eisold added the effort to educate the public will be on-going. Mr.
West thanked Commissioners for continued concern and interest to resolve this issue.
Mr. West invited Commissioners to consider the upcoming commissioners conference. He
advised they were notified of details in an earlier e-mail and to contact him if they wish to
attend.
Mr. West requested the Commission to note upcoming events and future meetings.
8. Adjournment
It was moved by Commissioner Rippe, seconded by Commissioner Jaffe, to adjourn the
meeting at 7:25 p.m. The motion passed 6 - 0.
Respectfully Submitted,
Carrie Mandler
Recording Secretary
Meeting: City council
Meeting date: November 21, 2022
Public hearing: 6a
Executive summary
Title: Minnetonka Boulevard reconstruction project (4023-7000) - Ward 1
Recommended action: Mayor to open public hearing, take public testimony, and close public
hearing. At the Dec. 5 meeting, council will be asked to consider the following policy questions
and act on this project.
Policy consideration:
1. Does the city council support the preferred alternative design for the Minnetonka
Boulevard reconstruction project?
2. Does the city council wish to pursue the undergrounding of overhead utilities within this
corridor?
Summary: Hennepin County is proposing to reconstruct Minnetonka Boulevard (County Road 5)
between Highway 100 and France Avenue in St. Louis Park in 2024 and 2025. They hired Bolton
and Menk, Inc. as their consultant to complete the project planning and engagement.
Since 2021, engineering, communications, and public works staff have been working with their
project team to develop a preferred design for this project. In addition to working with city
staff, the project team has done extensive community engagement to help inform the
recommended design. The planning phase to develop and evaluate alternatives for Minnetonka
Boulevard is now complete. The project team has prepared a 30% layout of the preferred
alternative that will be presented at the public hearing.
Financial or budget considerations: The total cost for the project is estimated to be $21.72
million. $13.11 million will be paid for using Hennepin County and federal funds. The city's
share of the project cost is $8.61 million and is included in the city's capital improvement plan
(CIP). The project will be paid for using utility funds and general obligation bonds. Additional
information on the breakdown of the funding can be found later in this report.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
Preferred concept
Nov. 14, 2022 Study Session Report
Prepared by: Joseph Shamla, engineering project manager
Reviewed by: Debra Heiser, engineering director
Approved by: Kim Keller, city manager
City council meeting of November 21, 2022 (Item No. 6a) Page 2
Title: Minnetonka Boulevard reconstruction project (4023-7000)
Discussion
Background
Minnetonka Boulevard, between Highway 100 and France Avenue, was constructed in 1952 and
is nearing the end of its useful life. Due to the bituminous overlays of this road, there are many
locations where the curb is only 1 or 2 inches high. Hennepin County plans to reconstruct the
roadway because routine maintenance activities such as bituminous overlays and crack seals
are no longer cost-effective in preserving the road. In addition, the current design poses
challenges for people biking, walking, and with limited mobility.
The existing sidewalk facilities are located adjacent to the road at the back of curb, which can
be uncomfortable for pedestrians. People with limited mobility have a difficult time using the
sidewalks as there are utility poles, hydrants, and other obstacles located within the sidewalks
that narrow the usable width of the sidewalk. Also, many intersections along the corridor do
not meet the requirements of the Americans with Disabilities Act. There are also safety
concerns for pedestrians crossing the existing four-lane, undivided road.
Additionally, the county's storm sewer on Minnetonka Boulevard needs to be upgraded and
expanded. In most areas, the stormwater is accommodated by the adjacent city stormwater
system. This project will design and accommodate the stormwater for this corridor.
Information regarding this project was shared with the city council in a written report at the
Nov. 14 study session. The study session report, which includes recommendations for the
elements to include in this project, is attached. A summary of the information in the report:
• Project description
• Concept design and evaluation
• Public process
• Preferred alternative
• Coordinating work: City utility replacement
• Coordinating work: Undergrounding of overhead utilities
• Next steps
Coordinating work: Undergrounding of overhead utilities
Xcel Energy has provided the city with a preliminary estimate of $1,100,000 to underground the
overhead utilities. This estimate is the cost of the new underground system minus the cost of
pole relocations. Due to the preliminary nature of the county's road design, it does not include
the following:
• Right of way/ easement costs for new utility infrastructure where there is not adequate
room in the existing right of way
• Private cost for homes or businesses to modify their wiring to accommodate
underground service
These costs are dependent on the final design of the street reconstruction project and what is
needed to convert each customer from overhead to underground service. Staff anticipates that
these items could increase the cost by 40-80% ($1.5 to $2,000,000). Utility undergrounding
costs would be split 50/50 with Hennepin County.
There are two ways to fund the city's portion of the cost for undergrounding. Funding can be
provided by a City Requested Special Facilities Surcharge (CRFS) or city funds. A CRFS is a pass-
City council meeting of November 21, 2022 (Item No. 6a) Page 3
Title: Minnetonka Boulevard reconstruction project (4023-7000)
through charge that Xcel will add to the bills of all St Louis Park electric customers. The fee has
a set duration and a maximum total allowed. It is estimated that the maximum fee that could
be recovered in a one-year period is $1,567,380. However, the CRFS cannot be used to fund
private costs.
The other way to fund undergrounding would be to use general obligation bonds.
Financial or budget considerations
The following table outlines the estimated project cost and anticipated funding sources for this
project. CIP Engineer's Estimate
Right of way/ Land acquisition $500,000 $500,000
Construction cost $6,277,320 $6,050,000
Overhead utility undergrounding $0 $550,000
Engineering and administration $1,569,330 $1,510,000
Total $8,346,650 $8,610,000
Funding sources
General obligation bonds $4,634,000 $5,048,000
Sanitary sewer utility $135,150 $132,000
Water utility $3,577,500 $3,430,000
Total $8,346,650 $8,610,000
The engineer's estimate is 3% greater than the CIP and includes the city's share of the
preliminary estimate to underground the overhead utilities. This cost was not included in the
CIP estimate. In the table above, general obligation bonds are shown as the funding source for
undergrounding.
Operation and maintenance costs:
Most of the roadway and trail maintenance associated with the facilities being constructed with
this project will remain unchanged. Hennepin County is responsible for the operation and
maintenance of Minnetonka Boulevard and County Road 25. The city is responsible for snow
removal on the sidewalks and trails within county right of way.
Replacement of existing infrastructure
There are sidewalks on both sides of Minnetonka Boulevard, between Highway 100 and
Inglewood Avenue, these are proposed to be replaced with trails. In addition, there is sidewalk
on the north side of Minnetonka Boulevard, between Inglewood and France avenues that will
be replaced with an equivalent length of trail. Snow removal on a sidewalk or trail are similar;
therefore, there will not be an increase in annual operational efforts for these replacement
facilities. Due to the installation of a grass boulevard and potential undergrounding of the
utilities, these operations will be more efficient with the new design.
City council meeting of November 21, 2022 (Item No. 6a) Page 4
Title: Minnetonka Boulevard reconstruction project (4023-7000)
New infrastructure
There is new infrastructure being constructed as a part of this project due to the realignment of
Minnetonka Boulevard and CSAH 25 at the east end of the project, shown in the picture below.
A description of the new infrastructure
New street
A new street with head-in parking is being constructed between the new Minnetonka
Boulevard alignment and Glenhurst Avenue. This will become a city street upon
construction completion, with the city being responsible for all operation and
maintenance costs. Since staff is already removing snow from streets in the area, it is
expected that the cost to add this to our system would be minimal.
New sidewalk and trail
There will be 500 feet of new sidewalk along the north side of the new street and 1300
feet of new trail on the north side of County Road 25 from Joppa Avenue to France
Avenue. Operation and maintenance will be the responsibility of the city. Since staff is
already clearing sidewalks/ trails in this area, it is expected the cost to add these to our
system would be minimal. Staff would add them to existing routes.
Stormwater improvements
The realigned Minnetonka Boulevard will create open space, providing an opportunity
for a stormwater pond and/or stormwater treatment improvements. The city will be
responsible for the upkeep of these stormwater features, such as mowing and removing
litter. Details on specific layout/design for these areas will be worked out during the
project final design.
The realignment will also result in the removal of the city's entrance monument that is
in the CSAH 25 right of way east of the Inglewood Avenue/Minnetonka Boulevard
intersection. This monument and the landscaping around it are currently maintained by
the city.
City council meeting of November 21, 2022 (Item No. 6a) Page 5
Title: Minnetonka Boulevard reconstruction project (4023-7000)
Any additional maintenance costs for this space over and above what is already being
expended will depend on the final design. Engineering and Parks staff will work with the
county to develop a plan incorporating native plantings to minimize the maintenance
commitment for the city. This new infrastructure will not become the city's
responsibility until the project is complete. If there is additional funding needed for
operation and maintenance, it would be brought to the council during the budget
process in 2024.
Staff recommendations
Preferred Alternate
Staff recommends that the city council approve the preferred alternative design for the
Minnetonka Boulevard reconstruction project.
Undergrounding of overhead utilities
Staff recommends continuing to work with Xcel Energy to get a better handle on the cost to
underground the overhead utilities. To understand these additional costs, the undergrounding
design will need to be refined in conjunction with the development of the county's final plans.
If the council does not support the work, the preferred alternative design can still be built if the
overhead utilities are not buried. In that situation, the poles would be relocated to the
boulevard space between the curb and the trail.
A final decision is not required at this time. If this work is pursued, it will require separate
approval from the city council. This would be brought to council in the second quarter of 2023,
along with an updated cost estimate and funding recommendations.
Next steps
The proposed schedule is as follows:
Council project approval/ municipal consent Dec. 5, 2022
Final design and bid documents complete 2023
Utility relocation 2023 and 2024
Construction 2024 and 2025
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TYPICAL SECTION A-A
City council meeting of November 21, 2022 (Item No. 6a)
Title: Minnetonka Boulevard reconstruction project (4023-7000)Page 6
Meeting: City council
Meeting date: November 21, 2022
Action agenda item: 8a
Executive summary
Title: Accept resignation and declare a vacancy in the office of council member at large A
Recommended action: Motion to adopt resolution accepting Councilmember Kraft’s
resignation effective December 30, 2022 and declaring a vacancy for the office of council
member at-large A for the term expiring January 2, 2024.
Policy considerations:
• Does the city council accept Councilmember Kraft’s resignation?
• Have the requirements been met to declare a vacancy on the council for the office of at large
A, effective December 30, 2022?
Summary: On November 9, 2022, Councilmember Kraft submitted his resignation from the
council effective December 30, 2022. The St. Louis Park Home Rule Charter and state law
provide guidelines for handling vacancies in office. When a vacancy is deemed to exist, the
council is required to declare, by resolution, a vacancy for the remainder of the term and
appoint an eligible person to fill the vacancy. The city council may use various methods to fill a
vacancy. Following discussion at their study session on September 12, 2022, the council
directed staff to develop a formal application and interview process to fill vacancies on the city
council. The appointment process can start once a vacancy has been declared by action of the
council, however an appointment cannot be approved prior to the effective date of the
vacancy. The outgoing councilmember will not participate in the appointment process.
If council accepts the resignation and declares a vacancy, the application period will open on
November 22, 2022, and close on December 6, 2022. The application materials will be available
on the city’s website or upon request from the city clerk’s office. Following the application
process, eligible candidates will be invited to interview with the city council. It is anticipated
that an appointment will be formally approved by the council in early 2023.
The current term for the office of council member at large A expires on January 2, 2024. The
individual appointed to fill the vacancy will take office immediately upon approval by the city
council and serve the remainder of the current term. The next regularly scheduled city election
will be held on November 7, 2023. The office of council member at large A will appear on the
2023 ballot and the appointed individual will have the option to file for the office and seek
another term through regular election. All city offices are elected using ranked choice voting.
Financial or budget considerations: Salaries for councilmembers are included in the 2023
budget. No additional funding is required to administer the application and appointment
process required to fill a vacancy on the council.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Resolution, notice of resignation, Sept. 12, 2022, staff report
Prepared by: Melissa Kennedy, city clerk
Approved by: Kim Keller, city manager
City council meeting of November 21, 2022 (Item No. 8a) Page 2
Title: Accept resignation and declare a vacancy in the office of council member at large A
Resolution No. 22-____
Resolution accepting resignation and declaring vacancy in the
office of council member at large A
Whereas, St. Louis Park City Councilmember Larry Kraft has submitted a letter of
resignation effective December 30, 2022, leaving a vacancy in the office for a term expiring
January 2, 2024; and
Whereas, pursuant to section 2.05 of the city charter the city council shall accept the
resignation and declare a vacancy for the remainder of the unexpired term.
Now therefore be it resolved by the St. Louis Park City Council that a vacancy is hereby
declared for the office of council member at large A effective December 30, 2022, for the
remainder of the term to expire January 2, 2024.
Reviewed for administration: Adopted by the city council November 21, 2022.
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
City council meeting of November 21, 2022 (Item No. 8a) Page 3
Title: Accept resignation and declare a vacancy in the office of council member at large A
Notice of resignation
From: Larry Kraft <LKraft@stlouispark.org>
Sent: Wednesday, November 9, 2022 10:53 PM
To: Kim Keller <KKeller@stlouispark.org>
Subject: Resignation
Dear City Manager Keller, Mayor Spano, and Council colleagues (on bcc),
As I have now been elected to serve as State Representative, I hereby submit my resignation
from City Council, effective December 30, 2022. This is a bittersweet moment for me, as I have
loved being on Council and working with all of you and our incredible staff. The more exposure I
have to other communities, the clearer it becomes how special our city is, and what an honor it
is to serve it.
I have really appreciated St. Louis Park's strategic priorities and how we use them as lenses for
all our work. One of the reasons I am most excited about my new role is the opportunity to
represent our values and leadership at the state level. We're also at a precarious yet hopeful
time around climate change, the issue that motivated me to get involved in politics. For the first
time, the federal government has passed legislation, the Inflation Reduction Act (IRA), that
meets the moment and is reasonably close to what we need to do in terms of emissions
reduction. It is also a call to action to individuals, businesses, and state and local governments
everywhere to build on the IRA and get us the rest of the way there. I'm confident St. Louis Park
will continue to lead on climate change, and I aim to help Minnesota step up its efforts.
I look forward to working with all of you and supporting our city in this new capacity.
Best,
Larry
Larry Kraft (he/him/his)
Council Member At Large A
St Louis Park City Council
5005 Minnetonka Blvd, St. Louis Park, MN 55416
Direct: 952.928.1451
Cell: 952.715.7535
lkraft@stlouispark.org
www.stlouispark.org
Meeting: City council
Meeting date: November 21, 2022
Action agenda item: 8b
Executive summary
Title: Second reading of ordinance regulating the sale of cannabinoid products
Recommended action: Motion to approve the second reading of an ordinance related to
licensing requirements for the sale of cannabinoid products.
Policy consideration: Does council wish to proceed with the licensing requirements for the sale
of cannabinoid products?
Summary: On October 17, 2022, city council was presented a first reading of the ordinance
regulating the sale of cannabinoid products. Council was supportive in moving forward with
second reading, and discussed the process for compliance checks for underage sales and the
administrative penalty proposed in the violation table.
Specifically, council discussion focused on how violations of underage sales were followed up by
staff and whether the administrative fee in the violation table was an adequate reflection of the
violation.
A staff review of the operational processes in underage compliance checks have made certain
that businesses in violation of underage sales will receive follow up compliance checks that
include education and training for business owners and their staff. In practice, police and
property maintenance inspectors provide follow up inspections on any licensed businesses
failing on compliance issues and work collaboratively to help businesses operate safely and
successfully.
The administrative penalty in the violation table was reviewed by staff and the city attorney
and found to be in alignment with costs incurred for services provided when processing the
violation. If council wishes, a broader review of violation tables and associated penalties related
to tobacco, alcohol and cannabinoid products could be completed in the future.
Financial or budget considerations: An annual license fee of $830 is proposed to cover the
costs to administer the licensing program, including background checks, inspections, product
laboratory testing, and compliance checks. A retest fee of $100 per sample is proposed for
additional testing if needed.
Strategic priority consideration: St. Louis Park is committed to being a leader in racial equity
and inclusion in order to create a more just and inclusive community for all.
Supporting documents: Discussion
Ordinance
Prepared by: Michael Pivec, property maintenance and licensing manager
Reviewed by: Brian Hoffman, building and energy director
Approved by: Kim Keller, city manager
City council meeting of November 21, 2022 (Item No. 8b) Page 2
Title: Second reading of ordinance regulating the sale of cannabinoid products
Discussion
Background: On October 17, 2022, council reviewed a first reading of the ordinance regulating
the sale of cannabinoid products. Council discussion centered on regulations deterring
businesses from underage sales and the process by which staff gains compliance. In addition,
council discussed the administrative penalty in the violation table and whether the amount is
reflective of the violation for underage sales of cannabinoids relative to other business licenses
such as tobacco and alcohol.
Present considerations: A review of operational processes for business licensing was conducted
by city staff. Like other business licensing, cannabinoid sales licensing encompasses a
multipronged approach to ensure safe and legitimate business operations. Background checks,
education, inspections, and compliance checks help promote compliance for businesses to
operate safely and successfully. Listed below is a more detailed account of the operational
process for obtaining licensure and maintaining compliance.
1) Applicants must first go through a background check; if passed, an inspection of the
business is conducted to review licensing requirements, including product packaging
and placement, signage, etc. In addition, an explanation of underage sales is provided
verbally, and educational materials are left with the business before the license is
issued.
2) All licensed businesses are inspected by the Building & Energy department at least
annually, and contacted by the Police department before compliance checks are
performed each year. During those interactions all licensing requirements will be
reviewed with the manager on duty and a written notice will be provided for any
corrective action. Compliance checks are performed by the investigations division of the
police department. The following administrative process is currently used to perform
alcohol and tobacco compliance checks. This process would be utilized to complete
compliance checks for the licensing requirement of the cannabinoid sales ordinance:
a. A letter is sent to each license holder to notify them that the Police department
will be conducting annual compliance checks, provide them with information on
how to educate their staff on how to prevent underage sales and the penalties
associated with violations of the respective laws and ordinances.
b. The investigation team selects a person who is under the legal age to purchase.
The person selected is approved by a supervisor to ensure the person does not
appear to be of legal age to purchase and verifies their State of Minnesota
identification card.
c. The underage buyer attempts the purchase of the tobacco or alcohol while the
plain clothes investigator observes the attempted purchase.
d. If the purchase is denied, the investigator informs the on-duty management of
the store that they have successfully passed the compliance check.
e. If the purchase was allowed in violation of the law, the investigator informs the
on-duty management of the store that they have failed the compliance check
and a police report will be forwarded to the licensing authority to review for
potential license violations/penalties. At this time the investigator would also
City council meeting of November 21, 2022 (Item No. 8b) Page 3
Title: Second reading of ordinance regulating the sale of cannabinoid products
notify the seller who allowed the sale that they will be either issued a citation or
a criminal complaint will be referred to our City Attorney’s Office for the
violation. Management is also notified that there will be another compliance
check on their business within the next six months.
f. The investigator’s report is reviewed by a supervisor and forwarded to the
licensing authority and the court as necessary.
g. Businesses that fail the license checks are normally rechecked during the next 6
months. If the Police department receives credible complaints of underage sales
at a specific business, the department may complete specific compliance checks
at that business any time during the year.
h. After compliance checks of all licensed establishments have been completed the
licensing agent is notified of the results.
3) Violations are grounds for suspension, revocation, or non-issuance of the license.
Notwithstanding misdemeanor prosecution, the city may also seek an administrative
penalty or civil injunctive relief for violations. The imposition of a presumptive penalty
shall be communicated by a written notice to the licensee by the director of the
department responsible for issuance of a license. The penalty may be appealed to the
city manager through an administrative hearing process by filing a written appeal to the
city clerk within ten days of the notice.
4) Fees are set to cover services provided. The current fee structure in the violation table is
reflective of staff time for additional inspections and legal processing.
If council wishes, a broader review of the violation tables for tobacco, alcohol and
cannabinoids can be completed by staff next year.
As this is a new and developing type of business, change is inevitable, and will likely be
forthcoming in the next legislative session. With that understanding, moving forward at this
time will ready the community with the immediate safeguards provided by licensing
cannabinoid products.
Financial Considerations: Fees for licenses are established annually by ordinance and are
intended to recover the approximate costs associated with administration of the licensing
program, including staff time. In addition to the administrative costs including processing
applications, background checks, and compliance checks, this license would also require annual
inspections and product testing. The proposed annual license fee for 2023 is $830 and product
re-testing fee of $100.
Next steps: If council approves the second reading, the ordinance would be effective January 1,
2023 coincident with the effective date of the 2023 fee schedule.
City council meeting of November 21, 2022 (Item No. 8b) Page 4
Title: Second reading of ordinance regulating the sale of cannabinoid products
Ordinance No. _____-22
Ordinance amending St. Louis Park City Code Chapter 8, Article II, Division 3
related to Cannabinoid Products
The City Council of the City of St. Louis Park, Minnesota does ordain:
Sec. 1. The St. Louis Park City Code, Chapter 8, Article II, Division 3 is hereby amended
by adding:
Subdivision XVI. Cannabinoid Products
Sec. 8-471. Purpose.
(a) Based on the most reliable and up-to-date scientific evidence and guidance from the U.S.
Surgeon General, the city council finds that the rapid introduction of legalized edible and
consumable nonedible products containing any amount of cannabinoids (“Cannabinoid
Product”), including tetrahydrocannabinol (“THC”), presents a significant potential threat to the
public health, safety, and welfare of the residents of St. Louis Park, and can interfere with brain
development in youth and adolescents.
(b) Minnesota has recognized the danger Cannabinoid Products pose to youth and adolescents
by prohibiting the sale of Cannabinoid Products to those under age 21 and regulating label
design (i.e., prohibiting cartoon-like characters). Minn. Stat. § 151.72, subds. 3(c) and 5a(b). As
such, the city council desires to prevent the sale of Cannabinoid Products to underage people
within the city.
(c) The city council finds that in this emerging marketplace there is a real likelihood that people
may purchase mislabeled Cannabinoid Products. These noncompliant products represent a
unique risk to the general welfare of the community.
(d) The city council finds that a local regulatory system for Cannabinoid Product sellers is
appropriate and not unduly burdensome to ensure that sellers comply with the state cannabis
laws and business standards of the city to protect the health, safety, and welfare of the city’s
youth and all residents. The city does not intend to inhibit the production, sale, or use of
medical cannabis products.
Sec. 8-472. Definitions.
The following words, terms, and phrases, when used in this article, and in addition to the
definitions contained in Minn. Stat. §151.72 as amended, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Cannabinoid means a chemical compound derived from the cannabis plant or synthetically
derived from the cannabis plant.
City council meeting of November 21, 2022 (Item No. 8b) Page 5
Title: Second reading of ordinance regulating the sale of cannabinoid products
Cannabinoid Product means any edible cannabinoid product or nonedible cannabinoid product
authorized for sale in Minnesota Statute.
HHC means the intoxicating cannabinoid hexahydrocannabinol.
Licensed premises means the premises described in the approved license application as set
forth in this article.
School means a building used for the purpose of elementary or secondary education, which
meets all the requirements of compulsory education laws of the State of Minnesota.
THC means the cannabinoid tetrahydrocannabinol whether derived naturally or synthetically
from the cannabis plant.
Underage person means a person who is under the age of 21.
Sec. 8-473. License required.
(a) No person shall sell or offer to sell any Cannabinoid Products without first having obtained a
license to do so from the city.
(b) No license shall be issued for the sale of Cannabinoid Products at any place other than the
applicant’s place of business where retail, food, or beverage sales occur or will occur. No license
shall be issued for a moveable place of business; nor shall any single license be issued at more
than one place of business. No license shall be issued for sales from a residential dwelling unit
or accessory structure.
(c) Complete applications shall be reviewed by the city for verification and investigation of the
facts set forth in the application, including a background investigation of the applicant. The
Police Department is responsible for background checks prior to issuance of license and is
authorized to conduct such additional investigation as deemed necessary.
(d) The director of the department responsible for issuance of a license shall make the
determination whether to approve or deny the license. Any denial shall be communicated to
the applicant in writing, specifying the reasons for denial. The applicant may appeal the denial
in accordance with the procedure specified in section 8-36 of the city code.
(e) Complete applications for issuance of annual licenses shall be submitted to the city at least
thirty (30) days prior to the expiration of the license. The determination regarding approval or
denial of the license renewal shall be communicated to the applicant in writing, specifying the
reasons if the application is denied. The applicant may appeal the denial in accordance with the
procedure specified in section 8-36 of the city code.
(f) Exemptions.
(1) This article does not apply to any medical cannabis product dispensed by a registered
medical cannabis manufacturer pursuant to Minn. Stat. §§ 152.22 to 152.37. Medical
City council meeting of November 21, 2022 (Item No. 8b) Page 6
Title: Second reading of ordinance regulating the sale of cannabinoid products
cannabis dispensaries that sell non-medical cannabis products which are also
Cannabinoid Products are not exempt from this article.
(2) This article does not apply to Cannabinoid Products that contain non-intoxicating,
non-psychoactive cannabinoids as the primary cannabinoid ingredient, such Cannabidiol
(“CBD”) or Cannabinol (“CBN”), and which have no more than trace amounts of THC.
Sec. 8-474. Denial of license.
(a) Grounds for Denial. The following will be grounds for denying the issuance or renewal of a
license under this article:
(1) The applicant is under the age of 21 years.
(2) The applicant has been convicted of a controlled substance-related felony within
three years of the application that:
(a) was violent, fraudulent, or deceitful in nature; or
(b) involved more than 42.5 grams of marijuana or any amount of any other
controlled substance.
(3) The applicant has had a license to sell Cannabinoid Products revoked within the past
five years.
(4) The applicant fails to provide any information required on the license application or
provides false or misleading information on such license application.
(5) The applicant is prohibited by state, or other local law, ordinance, or other regulation
from holding a license under this article.
(6) The proposed licensed premises is within 300 feet of a school measured from
property line to property line.
(7) Pursuant to Minnesota Statute § 340A.412, subd. 14, no license shall be issued to an
exclusive liquor store.
(b) Rehabilitation. Persons convicted of a felony described in (a)(2) of this section may provide
evidence of rehabilitation to the City through the process outlined in Minn. Stat. §364.03 subd.
3.
(c) Mistakenly Issued. If a license is mistakenly issued or renewed, it shall be revoked upon the
discovery that the person was ineligible for the license under this section.
Sec. 8-475. Regulations Adopted.
(a) Sales. It shall be a violation of this article for any person to sell or offer to sell any
Cannabinoid Products:
(1) To any person under the age of 21 years.
City council meeting of November 21, 2022 (Item No. 8b) Page 7
Title: Second reading of ordinance regulating the sale of cannabinoid products
(2) By means of any type of vending machine.
(3) By means of self-service merchandising whereby the customer does not need to
make a verbal or written request to an employee of the licensed premises to receive the
Cannabinoid Product. All such products shall be stored behind a counter or other area
not freely accessible to customers.
(4) That contain any chemical compound or drug that is otherwise a controlled
substance under Minnesota law.
(5) That contain any amount of HHC.
(6) By any other means or to any other person prohibited by state or other local laws,
ordinances, or other regulations.
(7) That fails to meet the labelling requirements as established in Minn. Stat. §151.72
subds. 5, 5a, and 6.
(8) That fails to meet the testing requirements as established in Minn. Stat. §151.72
subd. 4.
(b) Sampling and on-site consumption.
(1) Sampling of Cannabinoid Products within an establishment selling any Cannabinoid
Product is prohibited.
(2) Cannabinoid Products may not be consumed and must remain sealed on the licensed
premises. Exceptions to this regulation include on premise consumption of Cannabinoid
Products at a food and beverage establishment that is licensed by the Minnesota
Department of Health and licensed under this article. Food and beverage
establishments selling cannabinoid products must provide product to consumers in
original packaging, complete with labeling. Such establishments must abide by all other
state and county laws regarding on-premises consumption and sales, including the
Minnesota Clean Indoor Air Act (Minn. Stat. §§144.411 to 144.417).
(c) Signage. The licensee shall display a sign in plain view to provide public notice that selling
any of these products to any person under the age of 21 is illegal and subject to penalties. The
notice shall be placed in a conspicuous location in the licensed establishment and shall be
readily visible to any person who is purchasing or attempting to purchase these products.
(d) Delivery. All sales of Cannabinoid Products must be completed on the licensed premises.
Delivery by the licensee or a third party to the consumer is prohibited.
(e) Testing Requirements. All manufacturer testing must comply with the requirements set forth
in Minn. Stat. § 151.72, Subd. 4, as may be amended.
(f) Labeling Requirements. All labeling must comply with the requirements set forth in Minn.
Stat. § 151.72, Subd. 5, 5a, and 6, as may be amended.
City council meeting of November 21, 2022 (Item No. 8b) Page 8
Title: Second reading of ordinance regulating the sale of cannabinoid products
Sec. 8-476. Responsibility for sales.
Actions of their employees regarding the sale of Cannabinoid Products shall be considered an
action by the licensed owner.
Sec. 8-477. Compliance checks and testing.
(a) Compliance check. All retail areas on premises licensed under this article shall be open to
inspection by the city during regular business hours. From time to time the city may conduct
compliance checks by engaging minor persons over 15 years of age but under 21 years of age to
enter the licensed premises to attempt to purchase Cannabinoid Products.
(b) Testing verification. The city may, from time to time, purchase products from a licensee for
laboratory testing at a laboratory of the city’s choosing at city’s cost. The sample must meet all
composition and correlated labelling requirements in Minn. Stat. §151.72 and this article.
(1) Collection. The city may, from time to time, purchase products from a licensee for
testing. The city employee or designated representative conducting the collection must
fill out the chain of custody form and place sample in a transport container with a
tamper-evident seal affixed by the collector. The chain of custody form must verify the
time and date of sample collection and the name of the licensee. The city must
transport the batch sample to a testing laboratory for testing within 48 hours of the
sample collection.
(2) Receipt. The testing laboratory must certify upon receipt that the tamper-evident
seal is intact and that the sample was collected less than 48 hours earlier. If the tamper-
evident seal is broken or if the collection occurred more than 48 hours prior to the
laboratory’s receipt of the sample, the laboratory must not accept the sample for
testing. The testing laboratory shall make all efforts to eliminate risk of contamination of
the sample.
(3) Label Information. The testing laboratory will collect all information on the label
regarding the composition of the product. Such label information may include batch
number, name of product, whether it is edible or nonedible, and the stated amount or
percent of cannabinoids.
(4) Testing. The samples shall be tested for the presence, amount, and percent by
weight of individual cannabinoids, namely THC and any other cannabinoid determined
by the city.
(5) Reporting. The laboratory shall produce a report and send report to both the
licensee and the city. The laboratory will include in the report the sample’s label
information collected at intake.
(6) Within 30 days after testing of the sample, the testing laboratory must dispose of the
remaining material of the analyzed sample. If there is sufficient sample material to
City council meeting of November 21, 2022 (Item No. 8b) Page 9
Title: Second reading of ordinance regulating the sale of cannabinoid products
retest and the sample is not yet disposed, the licensee may order a retest of the sample
at licensee’s cost if the sample failed to pass testing.
(7) Violation. It shall be considered a violation of this article if a laboratory report shows
that a product has failed to comply with the composition and correlated labelling
requirements of Minn. Stat. §151.72 and this article.
(8) Remediation. If a sample violates this section, the products identical to the sampled
product must not be sold. Additional fees may be charged in order to pay for the cost of
failed laboratory tests. If the retailer is also the manufacturer of the product, failures in
testing will result in penalties as listed in Section 8-478.
Sec. 8-478. Violation; penalty.
(a) Generally. Any violation of this article shall be grounds to revoke or suspend a license under
this article. Notwithstanding misdemeanor prosecution, the city may also seek an
administrative penalty or civil injunctive relief for violations under this article.
(b) Criminal penalty. It shall be a:
(1) Misdemeanor to sell Cannabinoid Products to a person under the age of 21 years.
(2) Misdemeanor to furnish Cannabinoid Products to a person under the age of 21
years.
(3) Misdemeanor to violate the provisions of Minn. Stat. §151.72 or this article.
(c) Administrative penalties.
(1) Presumed administrative penalties for violations: The presumed penalties for
violations of a licensee are as follows:
Type of Violation 1st
Violation
2nd Violation
within 36
months
3rd Violation
within 36
months
4th Violation
within 36
months
1. Sale of cannabinoid
products while license is
under suspension.
Revocation. N/A N/A N/A
2. Sale of cannabinoid
products to underage
person.
$500
$1,000 and
1-day
suspension.
$2,000 and
30- day
suspension.
Revocation.
3. Failed test of sample
product or misbranding if
retailer is also the
manufacturer of product.
$250 and
remaining
identical
products
must not be
sold.
$500 and
remaining
identical
products must
not be sold.
$1,000, 1-day
suspension, and
remaining
identical
products must
not be sold.
Revocation.
4. Other violations of Minn.
Stat. 151.72 or this article.
$250 $500 $1,000 and 1 -
day suspension.
Revocation.
City council meeting of November 21, 2022 (Item No. 8b) Page 10
Title: Second reading of ordinance regulating the sale of cannabinoid products
(2) The imposition of a presumptive penalty shall be communicated by a written notice
to the licensee by the director of the department responsible for issuance of a license.
The penalty may be appealed to the city manager through an administrative hearing
process by filing a written appeal to the city clerk within ten days of the notice.
(3) The city manager’s decision may be appealed to the city council by filing a written
appeal to the city clerk within ten days of receiving written notice of the city manager's
decision. Appeal of a city council decision must be made within ten days of written
notice of the decision. The city council’s decision is final.
(4) Subsequent violations: Violations occurring after the notice of hearing has been
mailed, but prior to the hearing if requested, must be treated as a separate violation,
and dealt with as a second violation unless the city manager and licensee agree in
writing to add the violation to the first appearance. The same procedure applies to the
second, third, or fourth violations.
Section 2. This ordinance shall take effect a minimum of fifteen days after its passage
and publication according to law.
First Reading October 17, 2022
Second Reading November 21, 2022
Date of Publication December 1, 2022
Date Ordinance takes effect January 1, 2023
Reviewed for administration: Adopted by the city council November 21, 2022
Kim Keller, city manager Jake Spano, mayor
Attest: Approved as to form and execution:
Melissa Kennedy, city clerk Soren Mattick, city attorney
Meeting: City council
Meeting date: November 21, 2022
Action agenda item: 8c
Executive summary
Title: Second reading of ordinance establishing fees for THC edible licensing
Recommended action: Motion to approve second reading and adopt Ordinance establishing
fee for 2023 THC edible licensing and add to Appendix A of the City Code of Ordinances.
Policy consideration: Is Council supportive of the proposed fees staff believes are commensurate
with the cost of providing licensing service for THC edible licensing?
Summary: On November 7, 2022 council held a public hearing and first reading to create the
annual THC edible license fee of $830 and retest fee of $100. This is the second reading of the
ordinance to establish the fees. The fees are intended to cover the cost of administering the
license program, including background reviews, inspections, product laboratory testing, and
compliance checks. Other THC compliance fees are set administratively.
Next steps: If approved, the fee changes will be effective January 1, 2023.
Financial or budget considerations: The proposed fee changes have been incorporated into the
preliminary 2023 budget.
Strategic priority consideration: Not applicable.
Supporting documents: Proposed ordinance with fees
Summary ordinance
Prepared by: Melanie Schmitt, finance director
Approved by: Kim Keller, city manager
City council meeting of November 21, 2022 (Item No. 8c) Page 2
Title: Second reading of ordinance establishing fees for THC edible licensing
Ordinance No. ____-22
Ordinance adopting THC edible licensing fees for calendar year 2023
The City of St. Louis Park does ordain:
Section 1. Fees called for within individual provisions of the City Code are hereby set by
this ordinance for calendar year 2023.
Section 2. The THC edible licensing fees shall be added to Appendix A of the City Code.
THC edible license $830
THC retest fee $100
Section 3. This ordinance shall take effect Jan. 1, 2023.
First Reading November 7, 2022
Second Reading November 21, 2022
Date of Publication December 1, 2022
Date Ordinance takes effect January 1, 2023
Reviewed for administration: Adopted by the City Council November 21, 2022
Kim Keller, city manager Jake Spano, mayor
Attest: Approved as to form and execution:
Melissa Kennedy, city clerk Soren Mattick, city attorney
City council meeting of November 21, 2022 (Item No. 8c) Page 3
Title: Second reading of ordinance establishing fees for THC edible licensing
Summary for publication
Ordinance No. _____-22
An ordinance adopting fees called for
by ordinance for calendar year 2023
This ordinance sets 2023 THC edible licensing and retesting fees, and adds them to Appendix A of
the City Code of Ordinances. The fees are set to reflect the cost of providing services. This
ordinance shall take effect January 1, 2023.
Adopted by the City Council November 21, 2022
Jake Spano /s/
mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: December 1, 2022