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2017/12/04 - ADMIN - Agenda Packets - City Council - Regular
AGENDA DECEMBER 4, 2017 6:00 p.m. SPECIAL STUDY SESSION – Community Room Discussion Items 1. 6:00 p.m. Off-sale Intoxicating Liquor 2. 6:30 p.m. SLP Policing Model / Critical Incident Planning Follow Up Discussion Written Reports 3. Via (PLACE) Project Update 7:00 p.m. COUNCIL CHAMBERS ORIENTATION – Council Chambers 7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Council Chambers 1.Call to Order 2.Roll Call 3. Approval of Minutes 3a. Economic Development Authority Meeting Minutes of November 6, 2017 4. Approval of Agenda 5.Reports 5a. Approval of EDA Disbursements 6.Old Business – None 7.New Business 7a. Elmwood Village Tax Increment District Interfund Loan Recommended Action: Motion to Adopt EDA Resolution authorizing an Interfund Loan for advance of certain costs in connection with the Elmwood Village Tax Increment Financing District. 7b. Purchase Agreement for 5639 Minnetonka Boulevard Recommended Action: Motion to Adopt Resolution approving the Purchase Agreement between the EDA and Carrington Mortgage Services, LLC for 5639 Minnetonka Boulevard and authorize the Executive Director to execute the documents necessary to complete the real estate transaction. 8.Communications – None 9.Adjournment 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1.Call to Order 1a. Pledge of Allegiance 1b. Roll Call Meeting of December 4, 2017 City Council Agenda 2. Presentations 2a. Recognition of Donations 3. Approval of Minutes 3a. City Council Minutes of November 6, 2017 3b. Study Session Minutes November 13, 2017 3c. Special Study Session Minutes November 20, 2017 3d. City Council Meeting Minutes November 20, 2017 3e. Study Session Meeting Minutes November 27, 2017 4. Approval of Agenda and Items on Consent Calendar 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 audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5. Boards and Commissions 5a. Approve Reappointment of William McMillan to the Fire Civil Service Commission Recommended Action: Motion to reappoint William McMillan to the Fire Civil Service Commission with a term to expire December 31, 2020. 5b. Approve Appointment of Youth Representative to Human Rights Commission Recommended Action: Motion to appoint Jack Ostrovsky to the Human Rights Commission for the current term ending August 31, 2018. 6. Public Hearings 6a. 2018 Proposed Budget, Tax Levies and Truth in Taxation Public Hearing Recommended Action: • Information will be presented pertaining to the 2018 Budget, 2018 Preliminary Property Tax Levy, and other general tax and budgetary information. • After the presentation, the Mayor is asked to open the public hearing, solicit comments and close the public hearing. There is no other formal action required at this meeting. 6b. ACSLP, LLC dba AC St. Louis Park - On-Sale Intoxicating and On-Sale Sunday Liquor Licenses Recommended Action: Mayor to open public hearing, take public testimony, and close public hearing. Motion to approve application from ACSLP, LLC dba AC St. Louis Park for an On-Sale Intoxicating and On-Sale Sunday Liquor License for the premises located at 5075 Wayzata Boulevard with a license term through March 1, 2018. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Ordinance Amendment Related to the Solid Waste Management Code Recommended Action: Motion to approve the first reading of an Ordinance amending the Solid Waste Management code, and to set the second reading for December 18, 2017. 9. Communications – None Meeting of December 4, 2017 City Council Agenda CONSENT CALENDAR 4a. Accept for filing City Disbursement Claims for the period of October 28, through November 24, 2017. 4b. Approve Second Reading and Adopt Ordinance prohibiting the sale of flavored tobacco products and to approve the summary ordinance for publication. 4c. Adopt Resolution designating polling places for the 2018 elections. 4d. Adopt Resolution approving 2018 liquor license fees for the license term March 1, 2018 through March 1, 2019 pursuant to M.S. Section 340A.408 and Section 3-59 of the St. Louis Park City Code. 4e. Approve Second Reading and Adopt Ordinance amending Chapter 36 of the St. Louis Park Code of Ordinances relating to zoning to allow a 3rd shift with conditions at Industrial zoned properties when adjacent to residential zoned properties, and to approve the ordinance summary for publication. 4f. Adopt Resolution approving a minor amendment to the Park Place Plaza Planned Unit Development to allow a new store front at the 5600 Cedar Lake Road multi-tenant building. 4g. Adopt Resolution authorizing the issuance of special permits for extended liquor sales hours during the Super Bowl. 4h. Adopt Resolution establishing a special assessment for the installation of a fire suppression sprinkler system at 3925 Excelsior Blvd, St. Louis Park, MN. 4i. Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3412 Xenwood Avenue South, St. Louis Park, MN. P.I.D. 16-117-21-31-0012. 4j. Adopt Resolution approving acceptance of a monetary donation from St. Louis Park Golden Kiwanis in the amount of $100 for the Westwood Hills Nature Center Halloween Party, Cub Scout Pack 460 Grandparents in the amount of $100 for Westwood Hills Nature Center park enhancements or programs and Leslie Marcus in the amount of $100 for Westwood Hills Nature Center park enhancements or programs. 4k. Adopt Resolution accepting work and authorizing final payment in the amount of $18,971.23 for the annual Concrete Replacement Project with Concrete Idea, Inc. - Project No. 4017-0003, City Contract No. 18-17. 4l. Adopt Resolution approving entering into a contract with AE2S for engineering services to design the replacement of our Supervisory Control and Data Acquisition (SCADA) System. 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 is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting: Special Study Session Meeting Date: December 4, 2017 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Off-sale Intoxicating Liquor RECOMMENDED ACTION: City Council directed that the topic of off-sale intoxicating liquor be placed on a study session agenda for discussion. POLICY CONSIDERATION: Does the Council desire more information on this item? SUMMARY: City Council has requested time at a study session to discuss off-sale intoxicating liquor. •Attached is the listing of dates this topic was discussed over the past several years. •The last time this topic was discussed as a study session item was May 9, 2016. •The section from City Council Study Session minutes of May 9th study session are also provided. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Map Prepared by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Special Study Session Meeting of December 4, 2017 (Item No. 1) Page 2 Title: Off-sale Intoxicating Liquor DISCUSSION BACKGROUND: The City Council would like time to discuss off-sale intoxicating liquor. In order to assist with the discussion the listing of past discussions is provided below along with the section from the study session minutes of May 9, 2016. An updated map showing off-sale intoxicating liquor locations is also attached. Additional information will be provided as needed or requested. •January 12, 2015: City Council discussion and direction to staff to prepare a resolution allowing time to study off-sale intoxicating liquor licenses, zoning, establishment size, operations and locations. •January 20, 2015: City Council adopted Resolution 15-011 limiting the number of off-sale intoxicating liquor licenses so as to give time for City Council review of the matter. This resolution had an expiration of December 31, 2015. •April 20, 2015: City Council reviewed zoning, business locations, regulations, public safety, licenses per capita and data regarding existing establishments. •July 13, 2015: City Council continued discussion on establishment size and options regarding limitations on off-sale intoxicating liquor operations. •September 28, 2015: City Council discussed options for size limitations for off-sale intoxicating liquor operations. •October – December 2015: No action was taken and therefore the resolution adopted by the Council placing a hold on the issuance of additional off-sale licenses expired on December 31, 2015. •On January 25, 2016, Council discussed off-sale intoxicating liquor licenses and directed staff to set aside time on an upcoming study session to discuss establishment size and proximity and obtain information from the City of Hopkins on their 2014 change in liquor regulations. •On May 9, 2016, City Council discussed off-sale intoxicating liquor along with information requested at the January 25, 2016 study session. Section of City Council minutes from the study session on May 9, 2016. Item 3 Off-Sale Liquor Licensing Ms. Deno presented information to the council that was requested related to off-sale liquor licensing. The council discussed the possibility of amending the off-sale liquor licensing requirements. The council had requested staff to include past information, including establishment size, zoning and proximity information, and the regulations implemented by the City of Hopkins in 2014. Councilmember Mavity stated she would support limiting the square footage of liquor stores to a maximum size of 5,000 square feet. Councilmember Lindberg noted he originally raised this question as an issue of proximity and concentration of liquor stores in the Knollwood area. He stated if the council wants to limit the size of stores the process of deciding the maximum size will be important. Councilmember Brausen stated he is not in favor of setting additional limitations because the market will regulate itself. Special Study Session Meeting of December 4, 2017 (Item No. 1) Page 3 Title: Off-sale Intoxicating Liquor Councilmember Hallfin stated he is in favor of capping the square footage at the size of the largest existing liquor store, also taking into consideration the proximity to other liquor stores. Councilmember Sanger stated the city does not need limits on the number of stores and agreed the marketplace regulate the issue. Councilmember Miller stated he feels the free market will self-regulate and that limiting the size of stores won’t solve the issue. Mayor Spano said the council is in the same place it was last year on this issue and no consensus has been reached. He thanked staff for their work, adding that at this time, no changes will be made and no further information or meetings are needed on this issue. Excelsior Bl v d Minnetonka Blvd Lake StLouisiana AveWo o d d a l e A v e 36th St W Cedar Lake R d 4 19 8 7 6 5 3 2 13 12 11 10 14 Off Sale Liquor Establishments Liquor Establishments Off Sale Intox (14) Places of Worship Private/Public Schools Fire Arm Sales Pawn Shop C2 Zoning District November 2017 # Establishment # Establishment1 Lunds & Byerly's 8 MGM Wine & Spirits2 Costco Wholesale #377 9 Sam's Club #63183 Cub Liquor 10 St. Louis Park Liquor4 Fresh Thyme Liquor 11 Texas-Tonka Liquor5 Knollwood Liquor 12 Trader Joe's #7106 Top Ten Liquors 13 Westwood Liquors7 Liquor Boy 14 Target Store T-2189 Special Study Session Meeting of December 4, 2017 (Item No. 1) Title: Off-sale Intoxicating Liquor Page 4 Meeting: Special Study Session Meeting Date: December 4, 2017 Discussion Item: 2 EXECUTIVE SUMMARY TITLE: SLP Policing Model / Critical Incident Planning Follow Up Discussion RECOMMENDED ACTION: City Manager Harmening and Chief Harcey would like to discuss with the Council its observations and thoughts on what they learned from the four sessions and discuss any follow-up action to take. POLICY CONSIDERATION: None at this time. SUMMARY: The St. Louis Park Police Department has built community trust through Community Oriented Policing. Despite this strong support from the community, trust in the police can be fragile. To help prepare the Council for questions about our police department in the event of a critical incident, City Manager Tom Harmening, Police Chief Mike Harcey and staff have conducted informational meetings with Council that covered the following four topics: 1.St. Louis Park Police service delivery model. This session included information on how we police our community using Community Oriented Policing. It also provided information about police officer hiring standards, including how we recruit, hire and train our officers. 2.Police policies and procedures. This session included information on biased policing, when to initiate a stop or detention, arrest and booking procedures, vehicle pursuits, and use of force procedures. 3. Current issues facing policing. This session included information on challenging citizen contacts, mental health crisis calls, use-of-force decision making, and an interactive demonstration of how our officers train using MILO. 4.Critical incident review and planning. This session included a presentation on a 2004 officer involved shooting, a recent incident with a suicidal juvenile, how a critical incident is investigated and a presentation from Jacque Larson and Bob McNany examining how Council would work with the police department, city manager, communications manager and consultants in the event of a critical incident. The PowerPoint presentations from all four of the sessions are available to the Council and the public at the following link: https://www.stlouispark.org/Home/Components/News/News/120/18. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Police Department’s 2017 Race Equity Action Plan Prepared by: Michael Harcey, Police Chief Approved by: Tom Harmening, City Manager DEPARTMENT ACTION PLAN: Police Page | 1 June 16, 2017 Outcome & Actions Who & What Timeline Lead & Accountability Performance Measure Progress Report Diversify workforce to reflect the community we serve. Upward mobility opportunities. Department-wide recruiting, • Mentorship Program: Kraayenbrink • Internships: Garland • CSO Cadets: Afton • Police Trainee Program • Explorers/Reserves May 2017 & Ongoing Chief Harcey, HR, Afton – CSO Cadet, Garland, DC – Mentorship, Outreach – Internships Tracking success: applicants, interviewed, hired (data from HR). Retention: HR creating plan for this. • Two Police Trainees currently enrolled in Pathways to Policing program. • Three interns hired, all with diverse backgrounds. • Two Police trainees sworn in as police officers. • Backgrounds underway on two diverse candidates for the position of CSO Community Engagement: Building Trust Cops N’ Kids Shopping, Fishing with a Cop, Basketball in the Park; Citizens Academy; New Americans Academy; Neighborhood Meetings; Iftar Continue Harcey, Kraayenbrink Data on participation and officers involved. • Two sessions of Fishing with a Cop have been completed. • Applications being taken for Citizen Academy. Citizen Academy begins in Sept (now complete). • Iftar completed. • A couple of weeks left for Basketball in the Park • Summer basketball completed • Citizen Academy underway • Citizen Academy completed 11/16 Special Study Session Meeting of December 4, 2017 (Item No. 2) Title: SLP Policing Model / Critical Incident Planning Follow Up Discussion Page 2 DEPARTMENT ACTION PLAN: Police Page | 2 June 16, 2017 Outcome & Actions Who & What Timeline Lead & Accountability Performance Measure Progress Report •PD participation in Adult Options In Education English as a Second Language event completed •Cop N’ Kids Shopping completed 11/28 •Neighborhood Open House meeting 11/14 and 11/30 December meeting scheduled Boards & Commissions •MAC Strategic Planning •Identify & encourage diverse applicants May 2017 & Ongoing Harcey; •MAC: Afton •HRC: Breanna •PAC: Harcey Statistical data •MAC Strategic planning process completed. Now in implementation phase. •MAC members working on 90 day implementation worksheets •PAC to update neighborhood surveys to collect racial demographics Catering for events & training to provide culturally diverse food and to invest in locally, female, and/or minority-owned businesses Outreach Team, Training Coordinator Continue Kraayenbrink; •Afton •Lincoln List of events, purchases •Culturally diverse food options served up at MAC •Police Department supervisor staff meeting held at Yum 12/6 •Minority owned business list Special Study Session Meeting of December 4, 2017 (Item No. 2) Title: SLP Policing Model / Critical Incident Planning Follow Up Discussion Page 3 DEPARTMENT ACTION PLAN: Police Page | 3 June 16, 2017 Outcome & Actions Who & What Timeline Lead & Accountability Performance Measure Progress Report distributed to all authorized PD purchasers Acquire and Utilize Community Engagement Vehicle Outreach Team researching, planning, acquiring, and outfitting a vehicle to reach community members not currently being reached 2018 Harcey; • Outreach Team Purchased and ready • Renderings complete • Currently being priced and spec’d • Citywide committee formed. Two meetings completed 10/30 & 11/27 • Everything on track. Next meeting January 2018 Special Study Session Meeting of December 4, 2017 (Item No. 2) Title: SLP Policing Model / Critical Incident Planning Follow Up Discussion Page 4 Meeting: Special Study Session Meeting Date: December 4, 2017 Written Report: 3 EXECUTIVE SUMMARY TITLE: Via (PLACE) Project Update RECOMMENDED ACTION: No action at this time. POLICY CONSIDERATION: None at this time. Please inform staff of any questions you might have. SUMMARY: PLACE planned to utilize private activity bonds and low income housing tax credits to finance the affordable portion of its Via mixed-use project, to be constructed on the north and south sides of the future SWLRT Wooddale Station at the SE corner of Hwy 7 & Wooddale. Unfortunately, due to the uncertainty surrounding the fate of private activity bonds and low income housing tax credits under the “Tax Cuts and Jobs Act” currently under consideration by Congress, PLACE is unable to utilize these funding mechanisms at present. The First Amendment to the Purchase and Redevelopment Contract requires PLACE to provide evidence of financing for the proposed North Components, including its 152 affordable units. PLACE has secured market-rate financing for the project; however, due to the pending federal tax bill and the tenuous status of affordable housing bonds, PLACE is unable to confirm financing specifically for the affordable units at this time. Because PLACE is currently unable to supply adequate proof of funds available to finance construction of the affordable units, and because construction of the affordable units is integral to the PLACE development, EDA staff and legal counsel have notified PLACE that the EDA is not willing to waive the requirement of proof of financing. As a result, closing on the sale of the North Parcels, which was scheduled on or before November 30th, has been postponed. Staff and legal counsel are working with PLACE to develop a contingency plan for financing the affordable units in the event that a final tax bill eliminates private activity bonds (including affordable housing bonds). Pending development of an acceptable contingency plan, the EDA will be asked to consider a Second Amendment to the Purchase and Redevelopment Contract in the near future. The Second Amendment would include a new closing date and any necessary provisions concerning PLACE’s contingency plans, should the use of private activity bonds and low-income housing tax credits no longer be viable. Regarding the recently awarded DEED contamination cleanup grant for the PLACE project (which requires project commencement prior to December 31st), staff has discussed PLACE’s financing situation with DEED and requested an extension, to which DEED indicated it would be amenable. FINANCIAL OR BUDGET CONSIDERATION: No changes at the present time however any proposed significant reduction in the number of affordable units would be considered a material change under the Contract requiring EDA approval. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Karen Barton, Community Development Director Approved by: Tom Harmening, EDA Executive Director, City Manager Meeting: Economic Development Authority Meeting Date: December 4, 2017 Minutes: 3a OFFICIAL MINUTES ECONOMIC DEVELOPMENT AUTHORITY ST. LOUIS PARK, MINNESOTA NOVEMBER 6, 2017 1. Call to Order President Mavity called the meeting to order at 7:20 p.m. Commissioners present: President Anne Mavity, Tim Brausen, Steve Hallfin, Thom Miller, Susan Sanger, and Jake Spano. Commissioners absent: Gregg Lindberg. Staff present: Deputy City Manager/Human Resources Director (Ms. Deno), City Attorney (Mr. Mattick), Principal Planner (Ms. McMonigal), Economic Development Coordinator (Mr. Hunt), Community Development Director (Ms. Barton), Planning & Zoning Supervisor (Mr. Walther), Operations & Recreation Director (Ms. Walsh), and Recording Secretary (Ms. Pappas). 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Meeting Minutes October 2, 2016 It was moved by Commissioner Spano, seconded by Commissioner Miller, to approve the EDA minutes as presented. The motion passed 6-0 (Commissioner Lindberg absent). 4. Approval of Agenda It was moved by Commissioner Hallfin, seconded by Commissioner Brausen, to approve the EDA agenda as presented. The motion passed 6-0 (Commissioner Lindberg absent). 5. Reports 5a. Approval of EDA Disbursements It was moved by Commissioner Brausen, seconded by Commissioner Spano, to approve the EDA Disbursements. The motion passed 6-0 (Commissioner Lindberg absent). 6. Old Business - None Economic Development Authority Meeting of December 4, 2017 (Item No. 3a) Page 2 Title: Economic Development Authority Meeting Minutes of November 6, 2017 7. New Business 7a. First Amendment to Purchase and Redevelopment Contract with PLACE E- Generation One, LLC. Resolution No. 17-21 Mr. Hunt presented the staff report. He stated that at the October 3 study session, PLACE requested that the acquisition of the EDA’s property for its mixed-use, mixed-income project (Via) occur through two separate property conveyances - one for the north side and one for the south side. Closing on the north side would occur no later than November 30, 2017, allowing the project to commence on the north side before the end of the year, as required under its DEED cleanup grant. Conveyance of the south side site would occur no later than April 30, 2018. Authorization of two separate property closings does not change the required project commencement and completion dates outlined in the contract and allows PLACE to complete construction on the total project earlier than the required December 31, 2019. PLACE’s request requires amending the Purchase and Redevelopment Contract with the EDA. President Mavity stated that the action requested this evening is very narrow and specific to the timing and phasing of this contract. This is an amendment to the contract which still stands. She added that there will be no revisiting of approval of this project this evening. Commissioner Brausen stated he wanted to confirm that this amendment does not change the basic terms of the agreement and what is going to be built on the north and south parcels. Mr. Hunt stated that is correct - the project remains the same. The only thing changing is that the property conveyance would occur in two separate transactions. Commissioner Brausen asked also if the city is being paid for the one parcel at the end of this year and for the other parcel next year. Mr. Hunt stated that is correct. Commissioner Spano added that he understood that the developer had asked for an extension related to the DEED grant. An extension had already been granted to the end of this year but not until next April, 2018. Mr. Hunt stated that the DEED grant agreement requires that the project must be started by the end of this year. He indicated that DEED prefers not to provide extensions. Commissioner Hallfin asked if PLACE is having any issues with their financing, in light of emails he received from the public about the project. Mr. Hunt stated that staff is not aware of any issues related to the developer’s finances preventing it from closing on the property. The project is expected to close at the end of this month. He added that the developer is here this evening to answer any questions. Chris Velasco, PLACE Developer, stated there will be no issues with the financing, and there will be an opportunity to begin the project early now. Commissioner Sanger stated that the reason for this split between the two parcels is that there is still no confirmation from the hotel for the south side, which is holding up the rest of the project and the affordable housing in particular. She added that unless there is an arrangement with the hotel, there seems to be a financial issue here. Mr. Velasco stated that they are still waiting for approval from the Marriott, and this is expected in November or December. He noted that they are not anticipating any problems. Economic Development Authority Meeting of December 4, 2017 (Item No. 3a) Page 3 Title: Economic Development Authority Meeting Minutes of November 6, 2017 President Mavity allowed public comments at this time. Jeff Walsh, 3414 Yosemite Ave. S., stated that he is not a proponent of this project and is in agreement with many of the statements of Commissioner Sanger. He noted that the project seems suspect, and the fact that there is not enough parking seems extraordinary. Lois Zander, 3109 Zarthan Ave. S., stated that she has concerns about this project being separated and asked if there is need for a new EAW now that there is a different plan. She noted that there are 218 apartments on the north side, with 93 parking spaces and 61 spaces on the street, which does not seem to meet any of the city’s requirements for parking. She is concerned about how the project has changed, asking if there is need to look at the whole project as it stands. She added that there are also questions about lack of parking based on the availability of transit. Bus transit in this area will now be limited. Megan Phimister, 3451 Zarthan Ave. S., stated that her concerns are with transparency. She stated that residents are particularly concerned with the digester and the under- utilization of it if the south side project fails. She also added that this intersection is very overused. Harvey Ginsberg, 5854 W. 39th St., stated he understands about the negotiations with the hotel, but he also has concerns about transparency and would like to see specific details of the agreement with the hotel. He asked what has been discussed and what formal documents have been exchanged. He added that this information has not been made public, and if the council is approving a project modification without a hotel in place, this is a foolish gamble. Mr. Velasco stated that the digester has a minimum operating standard. Since 65% is generated on the north side, it should not pose a problem. He added that regarding the hotel, they have submitted their application and are following the Marriott process, adding that Aimbridge will be the operator of the hotel, and they are walking them through the process. He stated they have not had any indication that the project will not be approved by Marriott. Mr. Velasco added that related to parking, they have 99 spaces underground, 56 under the canopy and 64 in the street, which meets all the city’s requirements. Commissioner Miller stated that he is in support of this project, yet he appreciates the concerns from residents. He added that from his perspective, the last several projects have been luxury apartments, with no public spaces and no affordable housing. PLACE will have about 200 affordable units. Additionally, environmental concerns, green space, and gathering places are being addressed with this project, which are things that St. Louis Park residents are asking for. He stated that we all need to see the value of this project. This is exactly what residents are looking for. Commissioner Sanger stated that many people do not want this project. It is dense, and there is potential for much traffic congestion. She stated that the council needs to step back and ask why we are talking about splitting the project. There is no signed contract with the hotel, and because of this, the closing date of the north and south side projects are at different times. She added that it is incumbent on this council to ask what if the south side does not get developed or is a long delay. She added that she is concerned because of another project in California by this developer, which was over-promised and under Economic Development Authority Meeting of December 4, 2017 (Item No. 3a) Page 4 Title: Economic Development Authority Meeting Minutes of November 6, 2017 developed, and unrealistic financials. She stated that this is starting to all sound very similar, and she does not want St. Louis Park to be in this position. Commissioner Sanger added she is troubled by this council taking the developer’s word on everything, and she will not support this tonight. Commissioner Miller responded to Commissioner Sanger stating that this project is actually the least dense multi-family unit project the city has done recently, and there have been no financial issues that have changed on this project whatsoever. Commissioner Spano stated that he is reminded of other projects that came before the council that have been delayed, adding that cities and councils need to understand that timelines sometimes change. He added that there were issues with the Excelsior & Grand development, as well, when the original developer walked out. The staff asked council what to do, and council said, “go find another developer.” Commissioner Spano stated that this is an illustration of things being somewhat fluid. He noted that with this project, the financials have not changed. The developer needs to act on the DEED grant, so that is the reason the timing is changing. We want to be certain we do not lose that financing on the project, so we must move ahead. Commissioner Brausen stated that we have heard about the anecdotal information from California; however, there are other projects by this developer that have gone well, and staff has done their due diligence on this project and the developer, adding that he will support this. President Mavity added that she received some emails from residents which said there was concern about how quickly this project has moved forward. She added that it first came to council in November, 2013, noting that staff can track all the meetings that have been conducted with residents since then. She added that this project has had more meetings than any other project or development in the city, and there will never be 100% agreement on it. The process has been long and transparent, with community engagement. She stated that she will support it. It was moved by Commissioner Brausen, seconded by Commissioner Miller, to adopt EDA Resolution No. 17-21, approving the first amendment to Purchase and Redevelopment between the EDA and PLACE E-Generation One, LLC. The motion passed 5-1 (Commission Sanger opposed, Commissioner Lindberg absent) 8. Communications - None 9. Adjournment The meeting adjourned at 8:00 p.m. ______________________________________ ______________________________________ Melissa Kennedy, Secretary President Meeting: Economic Development Authority Meeting Date: December 4, 2017 Action Agenda Item: 5a EXECUTIVE SUMMARY TITLE: Approval of EDA Disbursements RECOMMENDED ACTION: Motion to accept for filing EDA Disbursement Claims for the period of October 28, through November 24, 2017. POLICY CONSIDERATION: Does the EDA desire to approve EDA disbursements in accordance with Article V – Administration of Finances, of the EDA Bylaws? SUMMARY: The Finance Division prepares this report on a monthly basis for the EDA to review and approve. The attached reports show both EDA disbursements paid by physical check and those by wire transfer or Automated Clearing House (ACH) when applicable. FINANCIAL OR BUDGET CONSIDERATION: Review and approval of the information follows the EDA’s Bylaws and provides another layer of oversight to further ensure fiscal stewardship. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: EDA Disbursements Prepared by: Kari Mahan, Accounting Clerk Reviewed by: Tim Simon, Chief Financial Officer Approved by: Tom Harmening, City Manager 11/27/2017CITY OF ST LOUIS PARK 16:24:01R55CKS2 LOGIS400V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 80.00CITIZENS INDEPENDENT BANK DEVELOPMENT - EDA G&A TRAINING 80.00 405.00ECM PUBLISHERS INC DEVELOPMENT - EDA G&A ADVERTISING 405.00 586.25EHLERS & ASSOCIATES INC 4900 EXC BLVD TIF DIST G&A OTHER CONTRACTUAL SERVICES 586.25ELIOT PARK TIF DIST G&A OTHER CONTRACTUAL SERVICES 586.25WEST END TIF DIST G&A OTHER CONTRACTUAL SERVICES 586.25ELLIPSE ON EXC TIF DIST G&A OTHER CONTRACTUAL SERVICES 586.25PARK CENTER HOUSING G&A OTHER CONTRACTUAL SERVICES 586.25CSM TIF DIST G&A OTHER CONTRACTUAL SERVICES 586.25MILL CITY G&A OTHER CONTRACTUAL SERVICES 586.25PARK COMMONS G&A OTHER CONTRACTUAL SERVICES 586.25EDGEWOOD TIF DIST G & A OTHER CONTRACTUAL SERVICES 586.25ELMWOOD VILLAGE G & A OTHER CONTRACTUAL SERVICES 1,172.50WOLFE LAKE COMMERCIAL TIF G&A OTHER CONTRACTUAL SERVICES 586.25AQUILA COMMONS G & A OTHER CONTRACTUAL SERVICES 586.25HWY 7 BUSINESS CENTER G & A OTHER CONTRACTUAL SERVICES 8,207.50 540.00GREEN HORIZONS 7015 WALKER-REYNOLDS WELD PROP LAND MAINTENANCE 204.004601 HWY 7 PROP ACQUISITION LAND MAINTENANCE 304.47MCGARVEY COFFEE SITE LAND MAINTENANCE 186.00HWY 7 & LOUISIANA LAND MAINTENANCE 1,234.47 1,824.59KENNEDY & GRAVEN BELTLINE SWLRT DEVELOPMENT LEGAL SERVICES 375.27DEVELOPMENT - EDA G&A LEGAL SERVICES 342.60ELMWOOD VILLAGE G & A LEGAL SERVICES 276.50HARD COAT G & A LEGAL SERVICES 2,818.96 6,089.25LHB INC DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 6,089.25 2,100.00MYKLEBUST + SEARS PUBLIC ART IMPROVEMENTS OTHER THAN BUILDI 2,100.00 72.33OFFICE DEPOT DEVELOPMENT - EDA G&A OFFICE SUPPLIES 72.33 Economic Development Authority Meeting of December 4, 2017 (Item No. 5a) Title: Approval of EDA Disbursements Page 2 11/27/2017CITY OF ST LOUIS PARK 16:24:01R55CKS2 LOGIS400V 2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 14.97PETTY CASH BELTLINE SWLRT DEVELOPMENT MEETING EXPENSE 9.00DEVELOPMENT - EDA G&A MEETING EXPENSE 23.97 10,000.00THE MUSICANT GROUP DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES 10,000.00 2,500.00THE VALUATION GROUP INC BRIDGEWATER OTHER CONTRACTUAL SERVICES 2,500.00 Report Totals 33,531.48 Economic Development Authority Meeting of December 4, 2017 (Item No. 5a) Title: Approval of EDA Disbursements Page 3 Meeting: Economic Development Authority Meeting Date: December 4, 2017 Action Agenda Item: 7a EXECUTIVE SUMMARY TITLE: Elmwood Village Tax Increment District Interfund Loan RECOMMENDED ACTION: Motion to Adopt EDA Resolution authorizing an Interfund Loan for advance of certain costs in connection with the Elmwood Village Tax Increment Financing District. POLICY CONSIDERATION: Does the EDA wish to retain the option for utilizing tax increment proceeds to pay for infrastructure improvements in and adjacent to the Elmwood Village TIF District area? SUMMARY: On December 10, 2010, the EDA adopted an interfund loan (IFL) resolution for certain capital costs related to construction of the Wooddale Avenue and Highway 7 interchange and the West 36th Street streetscape, in the maximum amount of $5,000,000. To date, the EDA has advanced $3,298,200 under this IFL and no additional advances are allowed due to expiration of the 5-year rule (date which dollars needed to be expended by). In 2017, special legislation was received which increased the legal pooling allowance within the district from 20% to 30% starting with 2nd half 2017 TIF receipts through the term of the district (2024). During our annual tax increment management review on October 23, 2017 with Ehlers, one of the recommendations was to adopt a new interfund loan up to $7,000,000 to fund several projects in the capital improvement plan (CIP) with the Elmwood Village Tax Increment Revenues from the overall legal pooling amount. FINANCIAL OR BUDGET CONSIDERATION: The new resolution will allow tax increment from Elmwood Village Tax Increment District to fund an estimated $6.23 million worth of public infrastructure improvement in and adjacent to the District as identified in the city’s CIP in the next few years (i.e., Wooddale Ave. Bridge, reconstruction of Wooddale Ave., and W 36th Street improvements). The interfund loan will be up to $7,000,000 as the projects are only estimates at this time and the loan maintains the 4% interest rate the previous resolution had in place. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: EDA Resolution Elmwood Village Tax Increment CIP Projects Prepared by: Tim Simon, Chief Financial Officer Greg Hunt, Economic Development Coordinator Reviewed by: Karen Barton, Community Development Director Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Economic Development Authority Meeting of December 4, 2017 (Item No. 7a) Page 2 Title: Elmwood Village Tax Increment District Interfund Loan ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 17-____ RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH THE ELMWOOD VILLAGE TAX INCREMENT FINANCING DISTRICT WHEREAS, the City Council of the City of St. Louis Park, Minnesota (the "City"), previously established the Elmwood Village Tax Increment Financing District (the "TIF District") within Redevelopment Project No. 1 (the "Project"), and adopted a Tax Increment Financing Plan (the "TIF Plan") for the purpose of financing certain improvements within the Project, all pursuant to Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the “TIF Act”); and WHEREAS, by resolution adopted on December 20, 2010, the St. Louis Park Economic Development Authority (the “EDA”) has previously adopted an interfund loan resolution for certain capital costs related to construction of the Wooddale Avenue and Highway 7 Interchange and the West 36th Street streetscape, in the maximum principal amount of $5,000,000, pursuant to Section 469.178, Subd. 7 of the TIF Act; and WHEREAS, the EDA has determined to use additional tax increments from the TIF District to pay for certain additional costs identified in the TIF Plan, consisting of capital costs related to further construction of the Wooddale Avenue and Highway 7 Interchange (collectively, the "Qualified Costs"), which costs may be financed on a temporary basis from EDA funds available for such purposes; and WHEREAS, under Section 469.178, Subd. 7 of the TIF Act, the EDA is authorized to advance or loan money from the EDA's general fund or any other fund from which such advances may be legally authorized, in order to finance the Qualified Costs; and WHEREAS, the EDA intends to reimburse itself for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). NOW THEREFORE BE IT RESOLVED by the Board of Commissioners (the "Board") of the St. Louis Park Economic Development Authority as follows: 1. The EDA hereby authorizes the advance of up to $7,000,000, or so much thereof as may be paid as Qualified Costs, from any legally authorized EDA fund. The EDA shall reimburse itself for such advances together with interest at the rate of 4% per annum. Interest accrues on the principal amount from the date of each advance. The interest rate is no more than the greatest of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09, both in effect for calendar year 2017, and will not fluctuate. 2. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first Payment Date on which the EDA has Available Tax Increment (defined below), or on any other dates determined by the Executive Director of the EDA, through the date of last receipt of tax increment from the TIF District. Economic Development Authority Meeting of December 4, 2017 (Item No. 7a) Page 3 Title: Elmwood Village Tax Increment District Interfund Loan 3.Payments on this Interfund Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, tax increment available pursuant to Laws 2017, First Special Session, Chapter 1, Article 6, Section 21, or as determined by the Executive Director of the EDA, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the EDA by Hennepin County, all in accordance with the TIF Act. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 4.The principal sum and all accrued interest payable under this Interfund Loan are pre- payable in whole or in part at any time by the EDA without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. 5.This Interfund Loan is evidence of an internal borrowing by the EDA in accordance with Section 469.178, Subd. 7 of the TIF Act, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the EDA. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. The EDA shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 6.The EDA may amend the terms of this Interfund Loan at any time by resolution of the Board, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Reviewed for Administration: Adopted by the Economic Development Authority December 4, 2017 Tom Harmening, Executive Director Anne Mavity, President Attest Melissa Kennedy, Secretary Capital Improvement ProgramCity of St. Louis Park, MNPROJECTS BY FUNDING SOURCE2018 2027thruTotal2018 2019 2020 2021 2022Source2023 2024 2025 2026 2027 # PriorityTax Increment - Elmwood2,200,0002,200,000SWLRT- Wooddale Ave Bridge Widening4019900712,039,0512,039,051Street- W 36th Street Reconstruction4020600032,000,0002,000,000Street- Wooddale Ave Reconstruction402060013Tax Increment - Elmwood Total6,239,0512,200,000 4,039,0512,200,0004,039,0516,239,051GRAND TOTALReport criteria:Active ProjectsAll Address data All CategoriesAll DepartmentsAll ContactsAll From Street data All Priority LevelsAll ProjectsAll Street Name data All To Street data Monday, November 27, 2017Page 12018-2027 Draft Capital Improvement PlanEconomic Development Authority Meeting of December 4, 2017 (Item No. 7a) Title: Elmwood Village Tax Increment District Interfund LoanPage 4 Meeting: Economic Development Authority Meeting Date: December 4, 2017 Action Agenda Item: 7b EXECUTIVE SUMMARY TITLE: Purchase Agreement for 5639 Minnetonka Boulevard RECOMMENDED ACTION: Motion to Adopt Resolution approving the Purchase Agreement between the EDA and Carrington Mortgage Services, LLC for 5639 Minnetonka Boulevard and authorize the Executive Director to execute the documents necessary to complete the real estate transaction. POLICY CONSIDERATION: Does the purchase of this property provide opportunities for improving the city’s housing stock? SUMMARY: At the October 23rd Study Session, the Economic Development Authority (EDA) provided consensus support for acquiring a bank-owned property located at 5639 Minnetonka Boulevard. Since that time the property was placed on auction and staff successfully placed the highest bid for the property at $136,000. Staff subsequently negotiated a proposed purchase agreement for the property. The terms of the proposed purchase agreement (Agreement) were provided in a written report at the November 27th Study Session. The proposed Agreement has been reviewed by the EDA’s legal counsel. Upon acquisition, staff will have the property secured and work to facilitate redevelopment of the property along with the three adjacent properties to the west to expand the city’s housing stock with new market-rate and affordable housing. The subject property, along with the adjacent properties to the west, are zoned R-4 medium-density multi-family residential. Staff believes this location provides an opportunity to incorporate non-traditional housing options such as row homes or townhomes. FINANCIAL OR BUDGET CONSIDERATION: The subject property is currently assessed at $168,000. Staff successfully bid $136,000 at auction, which was accepted by the seller. Closing costs are approximately $6,000 - $7,000, including auction fees. The EDA could incur additional costs related to filling an abandoned well if one is found on site, demolition and property management before the property is redeveloped. The cost of acquisition and related expenses would be covered by the Development Fund with the intent to recoup the EDA’s investment from the future sale of the property. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion EDA Resolution Purchase Agreement Prepared by: Julie Grove, Economic Development Specialist Reviewed by: Greg Hunt, Economic Development Coordinator Karen Barton, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager Economic Development Authority Meeting of December 4, 2017 (Item No.7b) Page 2 Title: Purchase Agreement for 5639 Minnetonka Boulevard DISCUSSION BACKGROUND: The subject property is currently occupied by a single-family house that has been vacant for several years and has fallen into disrepair. The property was foreclosed and is bank- owned. It is zoned R-4, Multi-Family Residential and is located adjacent to three other parcels; all zoned R-4. These properties are guided for RM-Medium Density Residential, which permit up to 30 units per acre. All three of the neighboring properties to the west are working with a realtor who is looking to redevelop them. The realtor has met with staff and indicated an interest in building an apartment building at this location. Proposed Future Plans for the subject property: EDA ownership of the subject property would allow the city to facilitate and guide redevelopment of these single family homes and expand the city’s housing stock with new market-rate and affordable housing. Staff believes this location provides an opportunity to incorporate non-traditional housing options such as row homes or townhomes. Below is a summary of the proposed Purchase Agreement: Purchase Price The purchase price for the subject property is $136,000. The current assessed value of the subject property is $168,500. The property was initially listed on the market for $137,900. Staff submitted a letter of intent to purchase the property at the asking price and was informed that the property was moved to auction. On November 3rd, staff successfully placed the highest bid for the property at $136,000. The seller accepted this bid and scheduled closing for the middle of December. Economic Development Authority Meeting of December 4, 2017 (Item No.7b) Page 3 Title: Purchase Agreement for 5639 Minnetonka Boulevard Based upon review of comparable land sales information with the City Assessor the acquisition price of the subject property is considered reasonable and below market. Purchase of the subject property would be paid for through the Development Fund. Costs related to building demolition, and property maintenance would also be paid for through the Development Fund. The Development Fund could potentially be reimbursed, in whole or in part, through the future sale of the property. Purchase Agreement Terms The following is a summary of the proposed Purchase Agreement between Carrington Mortgage Services, LLC (“Seller”) and the EDA (“Buyer”). 1.Purchase Price and Terms a.Purchase Price: The total Purchase Price for the Property is $136,000. b.Terms: (1): Earnest Money. The sum of $4,080.00 Earnest Money shall be paid by the Buyer to the Seller. The earnest money was deposited with the Seller’s Escrow/Title Company. (2): Financing Due Seller: Buyer agrees to pay by check or wire transfer on the Closing Date the remaining Balance Due according to the terms of the Purchase Agreement. (3): Condition of Property: Buyer acknowledges that Seller is acquiring the Property by foreclosure and Buyer agrees to accept the Property in “As Is” condition. (4): Deed/ Title: Seller agrees to deliver the Deed conveying marketable title to the Property to Buyer at closing. 2.Contingencies. Buyer’s obligation to purchase the Property is contingent upon the following: a.Approval of the Purchase Agreement by the EDA; b.In the event the Seller determines there is an environmental hazard the Seller may terminate the Agreement; c.Buyer’s determination of marketable title. Buyer shall have until the Closing Date to remove the above contingencies. 3.Real Estate Taxes and Special Assessments. The Buyer and Seller agree to prorate water and sewer charges, utility charges, real estate taxes and assessments relating to the Property. The Buyer agrees to pay taxes beginning the day prior to closing and all taxes for the years thereafter. 4.Closing Date. The date of closing is tentatively scheduled the third week in December. Economic Development Authority Meeting of December 4, 2017 (Item No.7b) Page 4 Title: Purchase Agreement for 5639 Minnetonka Boulevard 5.Possession/Utilities a.Possession. Sellers agree to deliver possession of the Property to Buyer not later than the Closing Date and funding of sale. The city conducted a property maintenance inspection and verified the property is currently vacant. b.Utilities. Sellers shall prorate all utility charges, if any, prior to the Closing Date. 6.Closing Costs/Recording Fees/Deed Tax. Seller shall pay all costs and fees of the Buyer’s title insurance policy and one-half of all escrow and closing fees. The Seller shall pay the real estate commission per the listing agreement between the Seller and the Seller’s listing broker. As part of closing costs, the Buyer shall pay the auction house technology fee and buyer’s premium in the amount of $6,419.00. For ease of execution of the closing documents the EDA’s legal counsel recommended listing the Executive Director as the signor of the electronic closing documents. This has been reflected in the attached Resolution. Closing Note The acquisition process for purchasing the subject property has been unusual as the property was placed for sale through an auction. Staff successfully placed the highest bid which was accepted by the seller. Since this process is being conducted through an auction house, closing documents and agreements will be required to be executed electronically using DocuSign. Next Steps •Closing will be scheduled once the Purchase Agreement has been executed. It is anticipated to occur in late December. •After closing, staff will have the property secured. •Staff will investigate the necessity of seeking a “no association” determination from the MPCA as recommended by the EDA attorney. •Staff will work to facilitate and guide a potential redevelopment of the subject property in a manner consistent with the city’s housing goals and vision. Economic Development Authority Meeting of December 4, 2017 (Item No.7b) Page 5 Title: Purchase Agreement for 5639 Minnetonka Boulevard ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 17-____ RESOLUTION APPROVING THE PURCHASE AGREEMENT BETWEEN THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND CARRINGTON MORTGAGE SERVICES, LLC BE IT RESOLVED By the Board of Commissioners ("Board") of the St. Louis Park Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering Redevelopment Project No. 1 ("Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"). 1.02. Among the activities to be assisted by the Authority in the Redevelopment Project is acquisition of a single family property to pursue affordable housing goals in the City located at 5639 Minnetonka Boulevard and legally described as Auditor's Subdivision No. 323 Hennepin County, Minn - Block: None - Lot(S) 6 hereto (“Property”). 1.03. There has been presented before the Board a Purchase Agreement (“Agreement”) setting forth the terms and conditions of the purchase of the Property between the Authority and the Seller of the Property, Carrington Mortgage Services, LLC (“Seller”). The Agreement is attached hereto as Exhibit A. 1.04. The Board has reviewed the Agreement and finds that the execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Approval; Further Proceedings. 2.01. The Agreement as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Executive Director is hereby authorized to execute on behalf of the Authority the Agreement and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. Economic Development Authority Meeting of December 4, 2017 (Item No.7b) Page 6 Title: Purchase Agreement for 5639 Minnetonka Boulevard Reviewed for Administration: Adopted by the Economic Development Authority December 4, 2017 Thomas K. Harmening, Executive Director Anne Mavity, President Attest Melissa Kennedy, Secretary Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks iden tified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 Importan t Conditions of Your Purchase The Property was acquired by the Seller through foreclosure, d eed in lieu of foreclosure, tru stee’s sale or similar action. The Seller has never occupied the Property and has little or no direct knowledge about the condition of the Property or any defects. Therefore, neither the Seller nor Altisource nor its subsidiaries will provide any disclosures or warranties to you relating to the Property's condition or status. The Property is sold "AS IS, WHERE IS AND WITH ALL FAULTS ". Please note that the Agreement may contain contingencies to the closing. The Seller expects you to adhere to all contingency d eadlines set fort h in the Agreement, as well as to close the transaction on or before the contractual closing date. We can offer you no assurances that Seller will agree to any requested extension of the contingency or closing date. When all applicable contingency periods have expired, the Earnest Money will become non-r efundabl e. If any of the Property's utilities are not currently activated and you require them for any inspection, it will be your responsibility to activate them at your expense. It is your responsibility to determine if the Property is part of a condominium association, home owners association or similar community governing scheme. In addition, if the Property is part of a condominium association, home owners association or similar community governing scheme, it is your responsibility to obtain, review and approve any governing documents relating to the Property, unless otherwise required b y state la w. The Agreement must be fully signed and initialed by you and signed by your broker (if any), then returned to the Seller within forty-eight (48) hours. Please be sure that the Earnest Money funds reference the Sellers’s name and Property address. No changes or negotiation to the Agreement wi l l be accepted. The executed documents will be transmitted automatically if executed in DocuSign. Until the Seller receives the Agreement, executed by you, a n d signs and returns to you a copy of the executed Agreement, there will be no binding contract between the parties, and the Seller will have no obligation to move forward with the contemplat ed sale. Therefore, until this happens, the Seller will continue to market the Property, negotiate and accept other offers on the Property. Further, at all times, even after there is a binding contract, the Seller reserves the right to continue to market the Property and accept back-up offers on the Property. If a Buyer refuses or fails to complete the transaction for ANY reason (incl udi ng, but not limited to, remitting the deposit or total purchase amount), the Buyer shall relinquish ANY right to complete the transaction and shall have no rights or interest in the property, as well as forfeit the Buyer’s Deposit as liquidated damages to the Seller. PLEASE BE ADVISED: Various state statutes give the Seller the right to p ursue legal action against bidders who refuse to complete transactions. This may include (but is not limited to) suit to compel completion of the sale, and/or pursuit of criminal charges of fraud or other intentional act . After you receive from Seller the fully executed copy of the Agreement, y o u must deliver (i) the Earnest Money funds (wire or certified check); and (ii) either a pre-approval letter (in case of financed deal) or proof of funds (in case of cash deal) to the Closing Agent within forty-eight (48) hours, along with a copy of the fully executed Agreement and your lender's contact information (if any). If we do not receive confirmation of the Closing Agent's receipt of the Earnest Money a n d either a pre-approval letter (in case of financed deal) or proof of funds (in case of cash deal) by that deadline, Seller reserves the right to terminate the Agreement and pursue default remedies. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 7 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 PURCHASE AND SALE AGRE EMENT This Purchase and Sale Agreement (this “Agreement”), is made by and between Seller and Buyer, both as defined in Section 2 below (together, the “Parties” and each individually, a “Party”), and is dated as of November 10, 2017. See Section 16.20 for the E ffective Date of this Agreement. In consideration of the mutual benefits accruing to the Parties hereto and other valuable consideration, the receipt and sufficiency of whi ch are hereby acknowledged, Seller and Buyer hereby agree as follows: 1 BUYER ACKNOWLEDGMENTS. Buyer acknowledges and agrees to the followin g: 1.1. Not Binding Until Signed by Seller. Seller has prepared this Agreement in response to Buyer's express ed interest to purchase the Property, as defined in Section 2.7, upon the terms and conditions contained herein. This Agreement does not constitute an offer by Seller to sell the Property to Buyer, and thus Buyer's signature on the Agreement does not constitute an acceptance of any offer. Instead, Buyer's delivery of this Agreement to Seller, signed and initialed by Buyer, constitutes only Buyer's offer to purchase the Property upon the terms and conditions contained herein. Unless and until Seller accepts Buyer's offer to purchase the Property, as evidenced by Seller's execution of this Agreement below and subsequent delivery of the signed Agreement to Buyer, there will be no contract between the Parties. 1.2. Offer to be Delivered Electronically. Within f o r t y -eight ( 48) hours of Buyer’s r eceip t of this Agreement, Buyer shall deliver to Seller this Agreement and all related documents, fully signed and initialed by Buyer and signed by Selling Broker. These documents shall be sent to Seller el ectronically via the DocuSign execution and upload process. 1.3. Other Offer, Backup Offers. Seller reserves the right to continue to offer the Property for sale to others after Buyer's delivery of this Agreement un til Seller's acceptance of Buyer’s offer, and after Seller’s acceptance, Seller res erves the right to accept backup offers at Seller's sole discretion. 1.4. Offer Expiration Deadline. Buyer's offer shall expire on the Offer Expiration Date at 5:00 PM ET, unless accept ed by S eller pursuant to Section 1.1. 1.5. Buyer's Option to Select Title Provider and Closing Agent . Buyer acknowledges that, during the course of Buyer's negotiation with Seller, the Seller selected the Title Provider and Closing Agent and Buyer was given the option of either: (a)Approving the Seller-selected Closing Agent and Title Provider, in which case Seller would pay for (i) the cost of Buyer's title insurance poli cy and all related search fees (see Section 8.2.2) and (ii) one-half of all escrow and Closing fees, unless otherwise required by law or agreed to in writing between the Parties; or (b)The Buyer selects both the Closing Agent and the provider of Buyer's policy of title insurance (“Title Provider”), in which case Buyer would pay for the cost of Buyer's title insurance policies and all related search fees and all of the escrow and Closing fees without any contribution from Seller (see Section 8). Buyer's decision regarding selection of the Title Provider and Closing Agent is shown in Sections 2.3 and 2.4. 1.6. Technology Fee and Buyer's Premium. Buyer acknowledges it s obligation to pay to Hubzu the Technology Fee and Buyer's Premium, as applicable and as shown in Sections 2.13 and 2.14. Buyer hereby authorizes Seller to pay these fees directly to Hubzu or its affiliate, Altisource Online Auction on Buyer's behalf at Clo sing. DocuSign Envelope ID: FADF9746-8037-479B-AB9B-FE62D9E45874 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 8 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 2 SIGNIFICANT TRANSACTION TERMS AND DEFINITIONS. # Defined Term Definition 2.1 . S eller: Carrington Mortgage Services, LLC 2.2 . Buyer (whether one or more): St. Louis Park Economic Development Authority (EDA) 2.3. Closing Agent: (selected by Seller) Kennedy & Graven, EDA Attorney 2.4. T itle P rovider: (selected b y Seller) ___________________________ 2.5. Selling Broker or Buyer's Agent (if an y): ___________________________ ___________________________ 2.6 . Listing Broker and Listing Agent: Keller Williams Integrity Maribel Garcia See Exhibit A for Party C onta ct Infor mation 2.7. P ropert y: The real property, i mprovements, app urtenances and hereditaments located at 5639 MINNETONKA BLVD ST LOUIS PARK, MN 55416 2.8. T ax Id No.: 1611721210009 2.9. Sell er Prop erty Id. No: 7000159818 2.10. Offer Expiration Dat e: 11/15/2017 (See Section 1.4) 2.11. High Bi d/Offer: $136,000.00 (See Section 4.1) 2.12. Earnest M one y: $4,080.00 (See Section 4.1.1) 2.13. T echnolog y Fee: $299.00 (See Section 1.6) 2.14. Buyer's Premi um: $6,120.00 (See Section 1.6) 2.1 5. T otal P urchase P rice (includes Hig h Bid/Offer, T echnology F ee and B u yers P remium, if an y) $142,419.00 (See Section 4.1.2) 2.16. T otal Sell er Concessions (if an y): Zero ($0.00) (See Section 4.2) 2.17. Financing Conti nge ncy Amount: Zero ($0.00) (See Section 6) 2.18. Financing Conti ngenc y Dea dli ne: N/A (See Section 6.2) 2.1 9. Insp ecti on Co ntin genc y: No 2.2 0. Insp ecti on Contingenc y Deadline: N/A (S ee Section 7.2) 2.21. Closing Dat e: 12/05/2017 (S ee Section 9.4) 2.22. Last Kno wn Occupanc y Status at Time of Listing: Vacant (See Section 11) 2.23 P ermitted E xcepti ons Standard excepti ons to title in the jurisdiction where the Property is located DocuSign Envelope ID: FADF9746-8037-479B-AB9B-FE62D9E45874 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 9 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 3.SALE OF PROPERTY. Subject to compliance with the terms and conditions of this Agreement, and subj ect to applicable law, Seller shall sell to Buyer and Buyer shall purchase from Seller the Property, subject to all Permitted Exceptions and Section 8.1 hereof. 4.PURCHASE PRICE. 4.1. Purchase Price. The purchase price for the Property shall be the Total Purchase Price, which shall be due and payable by Buyer to Seller as follows: 4.1.1. Earnest Money. Within forty-eight (48) hours of Buyer's receipt of a fully executed copy of this Agreement, Buyer and Selling Broker shall deliver or cause to be delivered to Closing Agent the following documents: (a) the Earnest Money check made payable to Closing Agent; (b) a copy of the fully executed Agreement; and (c) Buyer's Lender's contact information, if applicable; and 4.1.2. Total Due from Buyer. The total due from Buyer is the Total Purchase Price, including without limitation the Technology F ee (if any) and Buyer’s Premium (if any) payable in Readily Available Funds pursuant to the terms of Section 9.8.3, but does not yet include the credit for the Earnest Money. Once the Earnest Money is received and negoti ated, Buyer shall receive credit for such on the Closing documents. 4.1.3. Failure to Deliver the Earnest Money. Buyer's failure to deliver or cause to be delivered the Earnest Money to Closing Agent in Readily Available Funds within the time period sp ecified in Section 4.1.1 shall constitute a default by Buyer under this Agreement. SELLER RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT IN T HE EVENT BUYER DEFAULTS UNDER SECTION 4.1 OR ANY OF ITS SUBSECTIONS. 4.2. Seller Concessions. Seller has agreed to pay the below amounts, if any, for the following items to certain Buyer's costs or expenses, as indi cat ed belo w: # Purpose Seller's Concession 4.2.1. Credit to Buyer's Closi ng Cos ts $0.00 4.2.2. Credit to Buyer's Repair Co st s $0.00 5.DEPOSIT. 5.1. Definition . The term “Deposit” shall be used to refer to the sum/totality/combination of the Earnest Money, any additional deposit(s) and any other subsequent deposits held in trust or otherwise intended to be applied toward the Total Purchase Price, including but not limited to any amounts paid by Buyer pursuant to Section 9.5.3. 5.2. Nature of Deposit. The Deposit is non-refundable except in the event Buyer properly terminates this Agreement pursuant to the terms of the financing contingency (see Section 6 ) or the inspection contingency (Section 7 ), as may be applicable, or in the event of a Seller's Default pursuant to Section 12.3. However, even in those cases, a portion of the Deposit may be retained by Seller pursuant to Section 5.4. 5.3. Transfer of Deposit. If the Selling Broker is holding any of the Deposit (includi ng, but not limited to, the Earnest Money), the Selling Broker shall transfer the Deposit to the Closing Agent's account at least ten (10) business days prior to the Closing Date as listed in Section 2.21, regardless of any extensions of the Closing Date. Buyer acknowledges and agrees that the Deposit and any other funds related to Closing shall b e deposited in a non-interest bearing account. 5.4. Return of Deposit. Any reference to a return of the Deposit to Buyer contained in this Agreement shall mean a return of the Deposit less any cancellation fees charged by the Title Provider and Closing DocuSign Envelope ID: FADF9746-8037-479B-AB9B-FE62D9E45874 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 10 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 Agent, if any and where allowable by law, to Buyer under this Agreement less fees and costs payable for services and products provided during escrow at Buyer's request or on Buyer's behalf in accordance with Section 10. 6.FINANCING CONTINGENCY. 6.1. Sale Not Contingent on Mortgage Financing . If the Financing Contingency Amo unt in Section 2.17 is zero ($0.00), then this Agreement is not subject to a financing contingency and Section 6.2 and its subsections do not apply. Buyer understands and agrees that Buyer's obligations under this Agreement are not conditioned on: (a) Buyer's application for a mortgage loan; (b) Buyer's delivery of a commitment for a mortgage loan from any lender; or (c) Buyer's acceptance of such a commitment. Buyer represents to Seller that Buyer has sufficient Readily Available Funds pursuant to Section 9.8.3 to complete the purchase of the Property. If Buyer is unable to submit Readily Available F unds at the time of the Closing Date to Seller, then Seller shall be entitled to exercise Seller's remedies pursuant to Section 12.1. 6.2. Sale Contingent on Mortgage Financing. If the Financing Contingency Amo unt in Section 2.17 is not zero ($0.00), then this Agreement is subj ect to a financing contingency and Section 6.1 does not apply. 6.2.1. Deadline for Commitment. This Agreement is subject to the condition that on or before the Financing Contingency Deadline, Buyer shall secure a written commitment f o r a loan from a federal or state chartered or regulated lender or any other so urce acceptable to Seller (“Lender”) to be secured by a mortgage or deed of trust on the Property in the amount of the Financing Contingency Amo unt or such lesser sum as Buyer accepts. If Buyer provides Seller with Lender's written notice that Buyer's financing has been declined by 5:00 pm ET on the Financing Contingency Deadline through no fault or arrangement of Buyer, then this Agreement shall become null and void and the Deposit shall be returned to Buyer. If Buyer fails to strictly comply with the terms of the previous sent ence, then this Agreement shall remain in full force and effect without any financing contingencies. 6.2.2. Buyer's Expense. Buyer shall, at Buyer's expense, promptly execute all documents and take any other steps necessary to procure a mortgage loan from Buyer’s Lender. Any delays caused by Buyer's Lender, whether a result of Buyer's conduct or not, shall constitute a default by Buyer. 6.2.3. Buyer's Authorization for Lender. Buyer hereby authorizes Lender (and/or Lender's successors and assigns) to discuss with Seller, Seller's representatives and agents, the Buyer's loan application including, but not limited to, the Buyer's credit history (including a credit report), income, debts and the progress of the entire loan appli cation. 7.INSPECTION CONTINGENCY. 7.1. Sale Not Contingent on Property Inspection . If the Inspection Contingency box in Section 2.19 is “No”, then this Agreement is not subject to a property inspection conti ngency and Section 7.2 and its subsections do not apply. Buyer represents and warrants to Seller that: (a)Prior to execution of this Agreement, Buyer has had sufficient time and access to the Property to examine the condition of the Property and its boundaries and surrounding area, the title of the Property, including all Permitted Exceptions, any Community Documents governing the Property pursuant to Section 13.3.3, the occupancy status of the Property and any other matter which ma y affect Buyer's decision to execute this Agreement, including but not limited to thos e matters listed in Section 13 (among which, include without limitation, the possible presence of lead-based paint, mold, Chines e/problem drywall or radon gas); and (b)Buyer has either conducted or caused to be conducted examinations of the Property as Buyer deems necessary, or waived the opportunity to conduct or cause to be conducted an y examinations of the Property. DocuSign Envelope ID: FADF9746-8037-479B-AB9B-FE62D9E45874 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 11 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 Buyer hereby waives the opportunity to conduct any additional examinations of the Property. 7.2. Sale Contingent on Property Inspection. If the Inspection Contingency box in Section 2.19 is “Yes”, then this Agreement is subj ect to a property inspection contingency and Section 7.1 does not apply. 7.2.1. Professional Inspection Encouraged. BUYER IS ENCOURAGED TO OBTAIN THE SERVICES OF A QUALIFIED AND EXPERIENCED PROFESSIONAL TO CONDUCT INSPECTIONS, ASSESSMENTS AND TESTS PRIOR TO THE END OF THE INSPECTION PERIOD, AS THE EXISTENCE OF CERTAIN CONDITIONS, INCLUDING BUT NOT LIMITED TO THOSE LISTED BELOW, COULD CAUSE SERIOUS HEALTH PROBLEMS AND/OR A SUBSTANTIAL REDUCTION IN PROPERTY VALUE. 7.2.2. Utilities. If any o f the Property’s utilities are not activated as of the Effective Date and Buyer requires them for the Inspections (as defined in Section 7.2.3), Buyer may activate electric and gas servi ce at Buyer’s e x p e n s e . BUYER M A Y NO T AC T I V AT E W A T E R S E R V I C E TO THE PROPERTY. However, Buyer may, at Buyer’s expense, per form a compressed air pressure test of the Prop erty’s plumbing syste m. 7.2.3. Inspection P eriod, Insp ection Costs. During the period beginning on the Effective Date and ending at 5:00 pm ET on the Insp ection Contingency Deadline (the “Inspection Period”), Buyer, at Buyer’s sole cost and expense, shall have the opportunity to inspect the Property, its condition and surroundings, including, but not limited to, environmental conditions, asbestos, radon gas, lead-based paint (see Section 13.3.4 ), mold, physical defects including structural defects, roof, basement, mechanical systems such as heating and air conditioning, electrical systems, wells, sewage and septic systems, plumbing, soils, geology, topography, exterior site drainage, termite and other types of pest and insect infestation or damage caused by such infestation and boundary or other physical surveys (collectively, the “Inspections”). Any and all costs and expenses associated with the Insp ections, including the establishment, c o n n e c t i o n an d cost of electric and gas service, shall be referred to as “Inspection Costs”. Regardless of whether the trans action closes or fails to close due to an issue stemming from the Inspections, Seller shall not be required to reimburse Buyer for any of the Inspection Costs, which shall be paid by Buyer. Seller does not supply surveys, boundary surveys or footprint surveys. 7.2.4. Exer cise, Waiver of Contingency. If Buyer p u r s u a n t to the Insp ections t i m e l y o b j e c t s to any condition of the Property by the Insp ection Contingency Deadline, then Buyer, at Buyer's sole option, may terminate this Agreement and neither Party shall have an y further obligations to the other Party except as otherwise provided in this Agreement. Following Buyer's termination of this Agreement pursuant to this Section, and subject to the terms of Section 7.2.5 below, Seller will authorize the refund of the Deposit to Buyer, subject to Section 5.4 . If, for any reason, Buyer does not give Seller written notice of cancellation by 5:00 pm ET on the Inspection Contingency Deadline, then Buyer shall conclusively be deemed to have: (a) completed the Inspections and any investigations and review of applicable documents and disclosures and removed all inspection- related contingencies; (b) el ected to proceed with the transaction; and (c) assumed all liability, responsibility, and expense for repairs or corrections other than for items which Seller has otherwise agreed in writing to repair, correct or credit. 7.2.5. Inspection Reports. In the event Buyer terminates this Agreement pursuant to Section 7.2.4, Seller shall have the right to request and receive copies of any or all of the written reports arising from the Inspections ( the “Inspection Re ports ”) as a condition to authorizing t h e refund of the Deposit to Buyer. In the event Seller requests from Buyer copies of any or all of the Inspection Reports, Buyer agrees to submit the requested Inspection Reports to Seller no later than one (1 ) business day following Seller's request for the Inspection Reports. Following Seller's receipt and approval of any DocuSign Envelope ID: FADF9746-8037-479B-AB9B-FE62D9E45874 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 12 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 requested Inspection Reports, Seller will authorize the refund of the Deposit to Buyer, subject to Section 5.4. 7.2.6. Repairs, Indemnification. Buyer shall repair all damages arising from or caused by the Insp ections, including, but not limited to, damages arising from or relating to Buyer’s activation or deactivation of the Property’s utilities. Buyer shall keep the Property free and clear of liens arising from Buyer’s Inspections. Buyer shall i nde mnify and hold Seller har mless f r o m all liability claims, deman ds, damages, and costs related to Buyer’s Inspections and any other inspection conducted by Buyer or at Buyer’s direction after the date of this Agreement. Buyer shall not directly or indirectly cause any Inspections to be made by any government, building or zoning inspectors or government employees without the prior written consent of Seller, unless required by law, in which case, Buyer shall provide reasonable notice to Seller prior to any of those Inspections. Buyer shall neither make nor cause to be made any invasive or destructive investigations to be done on the Property without the express written consent of the Seller. 8.TITLE. 8.1. Transfer of Title. Insurable title shall be delivered to Buyer by deed on a form acceptable to Seller at Seller's sole and absolute discretion. The deed to be delivered by Seller at Closing shall be a deed that covenants that grantor grants only that title which grantor may have and that grantor will only defend title against persons claiming by, through or under the grantor, but not otherwise. Seller's conveyance of title will be subject to tenants or other parties in possession of the Property, if any, pursuant to Section 11 and the Permitted Exceptions. 8.2. Title Insurance. 8.2.1. Title Provider Select ed by Buyer. If Buyer elected to choose the T itle Provider, as shown in Section 2.4 and in accordance with Section 1.5, then Buyer may choose to obtain, and is encouraged to obtain, an owner's policy of title insurance ( “Owner's Policy”) at its own cost without any contribution from Seller, and Section 8.2.2 and its subsections do not apply. Buyer shall also be responsible f o r obtaining any required lender's policy of title insurance (“Lender's Policy”). Buyer shall pay for any Owner's Policy, any Lender's Policy and all related search fees without any contribution from Seller. 8.2.1.1 Title Rep ort, Seller Copies. W ithin seven (7) days after the Effective Date, Buyer will order from Title Provider either (a) commitment for the Owner's Policy (the “Title Binder”), or (b) a title report or opinion of title (the “Title Opinion”). Upon Seller's request, Buyer shall immediately provide, or cause to be provided, to Seller in electronic form true, correct and complete copies of the Title Binder or Title Opinion, as applicable, and all documents of record referenced therein. 8.2.2. Title Provider Select ed by Seller. If Buyer elected to allow Seller to choose the Title Provider, as sho wn in Section 2.4 and in accordance with Section 1.5, then Seller, at its own cost, shall obtain an Owner's Policy for Buyer, and Sections 8.2.1 and 8.2.1.1 do not apply. Seller s h a l l a l s o be responsible for obtaining any required Lender's Policy. S eller shall pay for a standard Owner's Policy and a standard Lender's Policy providing standard coverage in the amount of the Total Purchase Pri ce at standard insurance rates, and all related search fees. 8.2.2.1 Title Rep ort, Buyer Copies. Within seven (7) days after the Effective Date, Seller will order from Title Provider either (a) the Title Binder, or (b) the Title Opinion. Upon r e ce ip t , S e l l e r s h a l l immediately provide, or cause to be provided, to Closing Agent electronic copies of the Title Bind er or Title Opinion, as applicable, and all documents of record referenced therein. 8.2.2.2 Title Abstract, T i t l e Endorsements, E x t e n d e d C o v e r a g e s . If Buyer chooses or is required by i ts Lender to obtain a s eparate Title Abstract or any title insurance endorsements or extended title insurance coverages to either the Owner's Poli cy or the Lender's Policy, Buyer may do so at Buyer's expense without any contribution from Seller. DocuSign Envelope ID: FADF9746-8037-479B-AB9B-FE62D9E45874 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 13 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 8.2.2.3 Buyer, L e n d e r C o o p e r a t i o n. Buyer sh all coop erate, a n d instruct Buyer ’s Lender, c o n t r a c t o r s a n d agents to cooperate, with S eller in the procurement of the Owner's Policy. 8.3. Title Defects. 8.3.1. Notice of Defects. Buyer shall have five (5) days from the date of Buyer's receipt of the Title Binder or Title Opinion to examine title and raise any objections which, if valid, would make title t o the Property uninsurable. Buyer's objections must be made in writing and delivered to Seller by 5:00 pm ET on the last day of the aforementioned five (5) day period or Buyer's objections will be deemed waived. 8.3.2. Seller's Response, Buyer's Options. If Buyer raises such an obj ection, Seller shall have the right to extend the Closing Date pursuant to Section 9.5.1 to resolve the title objections. If Seller cures the title objection and is able to deliver insurable title, then the Parties shall proceed to Closing within three (3) business d a y s of Seller’s resolution of the title objection. If, on the other hand, Sell er determines that Seller is unable or unwilling, at Seller's sole discretion, to make the ti tle insurable or to obtain an Owner's Policy subject only to the rights of tenants or other parties in possession of the Property, if any, and the Permitted Exceptions, Buyer may el ect to: (a) take title to the Property in its then current condition, thereby waiving any title objections, and the Parties shall p roceed to Closing on the Closing Date, or within three (3) business days thereafter; or (b) terminate the Agreement and receive a refund of the Deposit pursuant to Section 5.4. Buyer's options contained in the previous sentence shall be Buyer's sole and exclusive remedies at law or in equity against Seller for Seller's inability or unwillingness to deliver insurable title to the Property; Buyer fully releases Seller as fully set forth in Section 14. 8.3.3. No Obligation to Cure Defects. Seller shall be under no obligation to: (a) remove any exception or cure any alleged title defect; (b) bring any action or proceeding or bear any expense in order to enable Seller to convey insurable title to the Property in accordance with this Agreement, or (c) otherwise make the title to the Property insurable. Any attempt by the Seller to remove such title excepti ons shall not impose an obligation upon the Seller to remove those exceptions. 8.3.4. Buyer's Acknowledgment of Potential Foreclosure Rights. Buyer acknowledges that Seller's title to the Property may be subject to court app roval of foreclosure, expiration of bid periods or a mortgagor's right of redemption. 9.CLOSING. 9.1. TIME OF THE ESSENCE. IT IS AGREED THAT TIME IS OF THE ESSENCE W ITH RESPECT TO ALL DATES SPECIFIED IN THIS AGREEMENT AND ANY ADDENDA, EXHIBITS, RIDERS OR AMENDMENTS THERETO. THIS MEANS THAT ALL DEADLINES ARE INT ENDED TO BE STRICT AND AB SOLUTE. 9.2. Selection of Closing Agent. The Closing Agent has been selected by the Party designated in Section 2.3 in accordance with Section 1.5. 9.3. Buyer's Legal Representation. Buyer is entitled to legal representation at or before Closing and may elect to have such representation at Buyer's expense. 9.4. Closing Date and Location. Closing A g e n t s h a l l c l o s e t h e t r a n s a c t i o n c o n t e m p l a t e d b y this Agreement (the “Closing”) on or before the Closing Date as defined in Section 2.21. If, pursuant to Section 9.5, the Closing Date is extended either in writing by a Closing Date Extension Amendment signed by Seller and Buyer or unilaterally extended by Seller, the term “Closing Date” shall refer to the extend ed Closing Date. The location of the Closing shall be held in the offices of the Closing Agent, or at a place so designated and approved by Seller, unless otherwise required by applicable law. DocuSign Envelope ID: FADF9746-8037-479B-AB9B-FE62D9E45874 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 14 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 9.5.Extensions of Closing Date. Closing Agent is instructed to conduct the Closing on or before the Closing Date and pursuant to Section 9.4, subject to each of the following: 9.5.1. Seller's Unilateral Right to Extend. If, in Seller's sole discretion, Seller is unable to close the transactio n contemplated by this Agreement on or before the original Closing Date, then such Closing Date shall be automatically extended for thirty (30) days; provided, however, that Seller, Seller's representatives, Seller's agent or the Closing Agent may give Buyer written notice during such thirty (30) day period that Seller is ready to close and the Closing shall occur within five (5) days following such written notice. Any further extensions must be agreed to in writing by both Buyer and Seller. 9.5.2. Seller's Right to Cancel. If Seller is unable or unwilling, at Seller's sole discretion, to deliver insurable title to Buyer at or prior to Closing, as may be extended herein, and Buyer does not elect to waive Buyer's title objection and proceed to Closing pursuant to Section 8.3.2, then Closing shall not occur, in which case such inability shall be deemed no fault of Seller, and Seller may cancel this Agreement and the provisions of Section 8.3.2 shall apply. 9.5.3. Buyer-Requested Extensions. If Buyer requests an extension of the Closing Date in writing at least five (5) days prior to the scheduled Closing Date, and Seller, in Seller's sole and absolute discretion, grants in writing, an extension pursuant to a mutually executed Closing Date Extension Amendment, Buyer shall pay Seller, as a condition of S eller's execution of this Amendment, a (1) $300.00 fee for the extension, and (2) a per diem fee of $100.00 for each day that the Closing Date is extended, regardless of whether the Closing actually occurs before the Closing Date. Buyer shall send an executed copy of the Closing Date Extension Amendment and a copy of the check for the above- described fees to Seller to the e-mail address or fax number shown in Section 1.2, and shall deliver the signed agreement and the check to the Closing Agent within one (1) business day thereafter. These fees shall be considered as an additional “hard money” deposit, and therefore part of the Deposit pursuant to Section 5.1. 9.5.4. Effect of Extension. If the Closing Date is extended pursuant to a fully executed Amendment to this Agreement or mutual escrow instructions executed by both Seller and Buyer, then Closing Agent shall conduct the Closing as so extended. However, if the transaction contemplat ed by this Agreement has been cancelled or terminated as permitt ed els ewhere in this Agreement, then Closing Agent will not conduct the Closing. 9.6.Conditions Precedent. Closing is further subject to each of the following conditions precedent (the failure of any of which shall not, in and of itself, relieve any Party of its obligations set forth elsewhere in this Agreement): (a)Seller shall have delivered the Seller's Deliveries set forth in Section 9.8.1; (b)Buyer shall have delivered the Buyer's Deliveries set forth in Section 9.8.2; (c)Seller shall not have given written notice to Closing Agent that Buyer is in default of this Agreement; and (d)The Title Provider shall have irrevocably committed to issue to Buyer the Owner's Policy covering the Propert y showing coverage in the amount of the Total Purchase Price and showing insurable title to the Property. 9.7.Escrow Instructions. Seller and Buyer may each send their own set of escrow instructions to the Closing A g e n t . In the event of a conflict between those escrow instructions, if any, and this Agreement, including all exhibits, schedules and addenda hereto, the terms of this Agreement and its other exhibits, schedules and addenda shall control. 9.8.Deliveries to Closing Agent. 9.8.1. By Seller. Prior to Closing, Seller shall deliver to the Closing Agent (the “Seller's Deliveries”): Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 15 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 (a)A deed transferring Seller’s interest in the Property to Buyer, executed by Seller, la wfull y acknowledged and in compliance with Section 8.1; (b)A FIRPTA Affidavit, as applicabl e; (c)Forms r equired to be delivered by Seller under state or federal tax law; (d)Forms or disclosures required to b e delivered by Seller by state law; and (e)An executed Settlement Statement. 9.8.2. By Buyer. Prior to Closing, Buyer shall deposit with the Closing Agent (the “Buyer's Deliveries”): (a)Readily Available Funds, as defined in Section 9.8.3, in an amount equal to the Balance, plus Buyer's expenses and share of closing costs and pro rations as set forth in Section 10; (b)An executed Settlement Statement; and (c)Any and all other instruments required by Lender, Ti tle Provider, Closing Agent or otherwise to consummate Buyer's purchase of the Property. 9.8.3. Readi ly Available Funds. Buyer shall deliver all funds due S eller from the sale in the form of Readily Available Funds, which are defined as funds in US Currency delivered to the account of the Closing Agent in the manner designated by the Closing Agent. Buyer acknowledges that Closing Agent may not accept all forms of payment, and Seller str ongly encourages Buyer to submit payment via wire transfer. 10.CLOSING COSTS AND ADJUSTMENTS. 10.1.Closing Costs - Items to be Prorated . The Closing Agent shall prorate the following expenses as of the Closing Date, with the day of Closing being the responsibility of Buyer: (a)Real propert y taxes and assessments, except special assessment district bonds and assessments provided for in Section 10.2 (a); (b)Municipal water and sewer charges; (c)Condominium, p l a n n e d u n i t devel opment or similar c o m m u n i t y a s s e s s m e n t s ; c o o p e r a t i v e fees, maintenance fees, homeowner association regular, special and emergency dues and assessments imposed prior to the Closing Date; and (d)Payments of bonds, and other special assessment d i s t r i c t bonds and assessments i m p o s e d prior to the Closing Dat e. 10.2.Closi ng Costs - Items Not to be Prorated. The Closing Agent shall not prorate the following expenses: (a)Payment o f sp ecial assessment di str ict bonds and assessments. These items shall be paid current by Seller, but payments no t yet due and owing shall be assumed by Buyer without credit from Seller toward the Total Purchase Price; and (b)Insurance premiums. S eller cannot endorse or assign existing insurance policies (if any) to Buyer, and Seller reserves the right to cancel any exi sting insurance on the Property as of the Closing Dat e. 10.3.Closi ng Costs - Items to be Credited to Seller. If the regular homeowner association dues or any of the other expenses listed in Section 10.1 were paid prior to the Closing Date for a period of time subsequent to such date, then Buyer shall pay to Seller at Closing that portion of the assessment attributable to the period of time after the Closing Date. 10.4.Seller’ s E xpe nses . At Closi ng, the Seller shall pay: (a) Seller’s share of prorations under Section 10.1; and (b) if the Seller has selected the Title Provider and Closing Agent, (i) the premium for the Owner's Policy and any Lender's Policy and an y title search fee if required by Section 8.2.2; and (ii) Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 16 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 one half of all escrow and Closing fees and charges, unless otherwise required by law or agreed to in wr iting by the Parties. Seller shall not be responsible for any amounts due, paid or to be paid after Closing. In the event Seller has paid any taxes, special assessments or other fees and there is a refund of any such taxes, assessments or fees after the Closing, and Buyer as current owner of the Property receives the payment, Buyer will immediately submit the refund to Seller. Closing Agent is hereb y authorized to pay from Seller's proceeds Seller's expenses set forth in this S ection. At Closing, if the Buyer has selected its own Title Provider and Closing Agent, then the Buyer shall pay all closing costs as indicat ed in Section 10.5. 10.5.Buyer's Expenses. At Closing, the Buyer shall pay all costs of: (a) if the Buyer has selected its own Title Provider and Closing Agent, the premium for the Owner’s Policy and any Lender’s Policy and any title search fee if obtained under Section 8.2.1; (b) a separate Title Abstract or any title insurance endorsements or extended title insurance coverages to either the Owner’s Policy or the Lender’s Policy; (c) credit reports; (d) loan fees, loan points and other costs of obtaining Buyer’s financing; (e) lender’s title insurance charges for the Lender’s Policy in excess of any amount paid by Seller pursuant to Sections 8.2.2 and 10.4; (f) all escrow and Closing fees and charges, unless a portion of the amount of escrow and Closing fees and charges is paid by Seller pursuant to Section 10.4 and unless otherwise required by law or agreed to in writing by the Parties; (g) realty tax service fees; (h) recordation fees for the deed of conveyance and any mortgage; (i) Buyer’s share of prorations and charges under Section 10.1; (j) the first month’s condominium/homeowner’s association membership fees and assessments, if any; (k) the Technology Fee and Buyer’s Premium (if any and as indicated in Sections 2.13 & 2.14) payable to Hubzu or its affiliate, Altisource Onli ne Auction; and (l) all other Closing and loan costs of Buyer. All other costs and expenses, including any cost, expense or transfer tax imposed by any state or local entity not otherwise addressed herein, shall be paid by Buyer at Closing. 10.5.1. Transfer Taxes. Regardless of local custom or practice, the Buyer shall pay any and all real estate transfer taxes due as a result of the transfer of the Property, including but not limited to documentary stamp taxes, excise taxes, or other documentary transfer taxes or deed taxes, unless explicitly imposed upon the Seller by applicable state law and such law does not permit a ssi gnment or payment by Buyer. 10.5.2. Reports, Inspections, Repairs. To the extent permitted by law, any and all termite clearances and reports and any inspections required by a lender, and/or repairs recommended or required by any termite and/or property inspection report including, but not limited to, any roof certifications, shall all be at the sole cost and expense of Buyer. 10.5.3. HOA Fees. To the extent permitted by law, any homeowners' association or condominium association transfer fees or documents fees payable in connection with the sale of the Property from Seller to Buyer shall be paid by Buyer. 10.6.Pre-Closi ng Expenses. Buyer and Seller are aware that the Closing Agent and/or the Title Provider may incur certain expenses during the course of processing this transaction that must be paid prior to Closi ng. Such costs may include, but are not limited to, demand request fees, homeowner association document fees, courier fees, overnight mail service and building and/or inspection reports, if applicable. Closing Agent is authorized and instructed to release funds for payment of such costs prior to Closing from the Earnest Money. The Parties acknowledge that any funds released under this Section are not refundable and Closing Agent and Title Agent are specifically released from all responsibility and/or liability for payment of any funds released under this Section. At Closing, Closing Agent is authorized to charge the appropriate Party for costs incurred or credit either one if necessary. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 17 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 10.7.Post-Closing Tax Adjustments. Buyer agrees to pay any shortages in taxes directly to the taxing authority, if such shortages were attributable to the time period from and after Closing. Seller agr ees to pay any shortages in taxes attributable to periods of time prior to Closing upon notification of such shortages by Buyer to Seller. Notwithstanding the foregoing, Seller shall have no obligation to pay such shortages unless Buyer notifies Seller in writing and submits the tax bill to Seller not later than ten (10) days from the date of Closing. 11.PARTIES IN POSSESSION OF THE PROPERTY. 11.1. Occupancy. 11.1.1. Occupancy Status. At the time the Property was listed for sale, Seller believed that the Property was Vacant, but Seller has not made, nor does S eller make now, any representations or warranties as to whether the Property is occupied as of the Effective Date or will be occupied on the Closing Date. Buyer waives any ri ght to terminate this Agreement based on the actual occupancy status of the Property at any time. 11.1.2. Buyer's Responsibility to Verify Occupancy; Eviction. Buyer acknowledges that it is Buyer’s sole responsibility to determine and verify the occupancy status of the Property, both as of the Effective Date and the Closing Date. Buyer assumes the responsibility as of the Closing Date for any ongoing eviction efforts previously initiated by Seller. 11.2.No Warranties or Representations about Tenancies. The Property may be subject to leasehold or other interests of various tenants or other occupants. Seller makes no warranties or representati ons as to whether or not any leases affect the Property, whether any leases are or will be in force; whether or not anyone has a right of possession; whether or not any rent concessions were given to any tenant; whether or not any agreements were made with any tenants or other parties or notices were provided to any tenant; whether or not any rent charged violates any appli cable rent control ordinance, statut e, or law; whether or not any other violations of any applicable ordinance, statute or law exist; and whether or not S eller or any tenant is in default under any lease. B ecause the Property was acquir ed by Seller through foreclosure, deed in lieu thereof, trustee's sale pursuant to a power of sale under a deed of trust, power of sale under a mortgage, sheriff's sale or similar action, Seller may not have an y security deposits or prepaid rent to surrender to Buyer and shall not be under any obligation to do so. Buyer shall be resp onsible for notifying any and all tenants of the transfer of ownership of the Property, and shall be liable to any and all tenants for repayment of any outstanding security deposit, less lawful deductions. This provision shall survive the Closing and shall not be deemed to have merged into any of the documents executed or delivered at Closing. Seller's conveyance of title and delivery of possession will be subj ect to tenants or other parties in possession of the Property, if any. 11.3.No Early Possession or Alteration. Prior to Closing and disbursement of sale proceeds, Buyer: (a) will not be given possession of the Property; (b) may not occupy the Property; and (c) may not store personal property on the Property. If Buyer alters the Property or causes the Property to be altered in any way and/or impermissibly occupies the Property or allows any other person to occup y the Property prior to Closing and funding without the prior written consent of Seller, such event shall constitute a breach by Buyer under this Agr eement and Seller may terminate this Agreement pur suant to Section 12.1, and Buyer shall be liable to Seller for damages, losses, expenses, claims or demands caused by any such alteration or occupation of the Property prior to the Closing Date and funding. Buyer hereby waives any and all claims for damages or compensation for improvements made b y Buyer to the Property including, but not limited to, any claims for unjust enrichment. 12.DEFAULT AND REM EDIES. 12.1.Buyer's Default. If Buyer fails to complete this transaction by reason of any default of Buyer, as determined by Seller in Seller's sole discretion, Seller, at Seller's option, may retain the Deposit and Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 18 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 any other funds then paid by Buyer as liquidated damages and/or invoke any other remedy expressly set out in this Agreement and Seller is automatically released from the obligation to sell the Property to Buyer and neither Seller nor Seller's representatives, agents, attorneys, successors, or assigns shall be liable to Buyer for any damages of any kind as a result of Seller's failure to sell and convey the Property. 12.2.Liquidated Damages . The Parties agree that it would be impracti cable and extremely difficult to ascertain the actual damages suffered by Seller as a result of Buyer's failure to complete the purchase of the Property pursuant to this Agreement, and that under the circumstances existing as of the date of this Agreement, the liquidated damages provided for in S ection 12.1, should Seller elect to retain the Deposit and any other funds paid by Buyer, represent a reasonable estimate of the damages which Seller will incur as a result of such failure, provided, however, that this provision shall not limit Seller's right to receive reimbursement for attorneys' fees, nor waive or a ffect Sel ler's right to proceed against Buyer for enforcement of Buyer's indemnity obligations under other Sections of this Agreement. The Parties acknowledge that the payment of such liquidated damages is not intended as a forfeiture or penalty, but is intended to constitute liquidated damages to Seller. Notwithstanding the foregoi ng, if Buyer interferes with or makes any attempt to interfere with Seller receiving or retaining, as the case may be, the liquidated damages provided for in Section 12.1, including without limitation, giving any notice or instructions to escrow holder not to deliver the deposit to Seller, Seller shall have the right to elect to recover the greater of Seller's actual damages or the liquidated damages by giving written notice to Buyer and Seller shall have all other rights and remedies against Buyer provided at law and in equity, and Seller shall have the ri ght to require that Buyer specifically perform Buyer's obligations under this Agreement. 12.3.Seller's Default, Seller's Cancellation . If Seller is unable to perform as required by this Agreement for any reason, or if the Property is no longer available for sale for any reason, or if Buyer elects to terminate pursuant to Section 15.1, then this Agreement may be cancelled upon Seller's written notice to Buyer. In such an event, Buyer shall be entitled to the return of the Deposit, pursuant to Section 5.4, as Buyer's sole and exclusive remedy at law and/or equity. In no event shall Buyer have the right to seek or obtain specific performance or enforcement of this Agreement. 12.4.Waiver of Specific Performance Remedy. As a material part of the consideration to be received by Seller under this Agreement, Buyer waives all rights to file and maintain an action against Seller for specific performance and to record a lis pendens against the Property if a dispute arises concerning this Agreement. Buyer agrees that the Property is not unique and that in the event of Seller's default or material breach of the Agreement, Buyer can be adequately and fairly compensated solely by receiving a return of the Deposit. Upon return of the Deposit to Buyer, the Agreement shall be terminated, and Buyer and Seller hereby irrevo cably instruct Closing Agent to return all funds and documents to the Party that deposited them without further direction. In no event shall Buyer have the right to seek or obtain specific performance or enforcement of this Agreement. 12.5.LIMITATION OF LIABILITY. BUYER AGREES THAT SELLER SHALL NOT BE LIABLE TO BUYER FOR ANY SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLE, OR ANY OTHER SUCH EXP ENSE OR COST ARISING FROM OR RELATED TO THIS AGREEMENT OR A BREACH OF THIS AGREEMENT.SELLER’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO SE LLER’S INTEREST IN THE PROPERTY. 12.6. Waiver. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 19 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 12.7.No Further Obligation. If a Party elects to exercise its remedies as described in this Section 12, and this Agreement is terminated, the Parties shall have no further obligation under this Agreement except as to any provision that survives the termination of this Agreement pursuant to Section 16.1. 13.DISCLOSURES. 13.1.POST-FORECLOSURE TRANSACTION. BUYER ACKNOWLEDGES THAT THE PURCHASE OF THE PROPER TY RESULTS FROM A TRANSFER MADE BY A SELLER WHO ACQUIRED THE PROPERTY AT A SALE CONDUCT ED PURSUANT TO FORECLOSURE, DEED IN LIEU THEREOF, TRUSTEE'S SALE PURSUANT TO A POWER OF SALE UNDER A DEED OF TRUST, POW ER OF SALE UNDER A MORTGAGE, SHERIFF'S SALE OR SIMILAR ACTION. THEREFORE, SELLER HAS NOT MADE ANY DISCLOSURES REGARDING THE PROPERTY, AND AS A RESULT, ANY RIGHTS BUYER MAY HAVE IN CONNECTION WITH ANY REQUIRED DISCLOSURE STATEMENTS UNDER STATE LAW MAY NOT BE AVAILABLE, INCLUDING WITHOUT LIMITATION ANY RIGHT TO TERMINATE THIS AGREEMENT. TO T HE EXTENT PERMITTED BY LAW, BUYER EXPRESSLY WAIVES THE RIGHT TO RECEIVE ANY SUCH DISCLOSURE STATEMENT REGARDING THE CONDITION OF T HE PROPERTY. FURTHER, SELLER IS NOT FAMILIAR WITH THE CONDITION OF T HE PROPERTY, OTHER T HAN AS MAY BE DISCLOS ED IN ANY INSPECTION REPORTS OBTAINED BY OR ON BEHALF OF SE LLER, SELLER'S REPRESENTATIVES OR SELLER'S AGENTS OR THAT SELLER MAY HAVE RECEIVED OT HERWISE, IF ANY. ANY SUCH REPORTS FURNISHED BY SELLER, SELLER'S REPRESENTATIVES OR SELLER'S AGENTS IN CONNECTION WITH THIS AGREEMENT SHALL BE FOR INFORMATIONAL PURPOSES ONLY, SHOULD NOT BE RELIED UPON BY BUYER OR ANY REPRESENTATIVE OF BUYER AND ARE NOT MADE PART OF THIS AGREEMENT, AND SELLER MAKES NO REPRESENTATION OR WARRANTIES ABOUT THEIR ACCURACY OR COMPLETENESS. 13.2.NO REPRESENTATIONS OR WARRANTIES: PROPERTY SOLD “ AS IS, WHERE IS” . BUYER ACKNOWLEDGES AND UNDERSTANDS THAT THE PROPERTY IS BEING SOLD AS IS, WHERE IS AND WITH ALL FAULTS. BUYER IS HEREBY INFORMED THAT SELLER MAY BE UNAWARE OF ANY LATENT DEFECTS IN THE PROPERTY OR ANY APPURTENANT SYSTEMS, INCLUDING BUT NOT LIMITED TO P LUMBING, HEATING, AIR CONDITIONING AND ELECTRICAL SYSTEMS, FIXTURES, APPLIANCES, ROOF, SEWERS, SEPTIC, SOIL CONDITIONS, GEOLOGICAL CONDITIONS, FOUNDATION, STRUCTURAL INTEGRITY, ENVIRONMENTAL CONDITION, POOL OR RELATED EQUIPMENT. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY OF THE ABOVE, T HE CONDITION OF THE PROPERTY, THE PROPERTY'S SYST EMS, THE SERVICEABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF T HE PROPERTY OR ANY COMP ONENT OR SYSTEM OF THE PROPERTY. BUYER AGREES THAT IN CONTRACTING TO BUY THE PROPERTY, BUYER HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY SELLER, ANY PARENT, SUBSIDIARY OR AFFILIATE OF SELLER, OR ANY OF SELLER'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSET MANAGERS, BROKERS OR REPRESENTATIVES. BUYER WAIVES ANY AND ALL CLAIMS AGAINST SELLER THAT BUYER MIGHT OTHERWISE HAVE AGAINST SELLER RELATI NG TO THE USE, CHARACTERISTICS OR CONDITION OF THE PROPERTY OR ANY OF THE OTHER MATTERS DESCRIBED IN THIS PARAGRAP H. 13.3.Other Disclosures. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 20 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 13.3.1. Assessments. If the Property is subject to a special assessment lien imposed by a public body payable in installments whi ch continue beyond Closing, Buyer shall be responsible for and pay all amounts which b ecome due after Closing. 13.3.2. Building and Zoning Codes. Buyer should consult the local jurisdiction for information on buildi ng and zoning codes or information about transp ortation beltways and/or planned or anticipated land use within proximity of the Property. Seller makes no representations or warranties regarding compliance or conformity with any building or zoning codes, laws, rules, or regulations. 13.3.3. Condominium/P UD/Homeo wner's Association. If the Property is in a common interest community, Planned Urban Development or condominium communit y or regime (“Community”), unless otherwise required by law, Buyer acknowledges that Buyer, at Buyer's expense, was and is responsible for obtaining and reviewing the declaration of covenants, conditions, restrictions a nd/or bylaws and other documentation (the “Community Documents”) regarding the Community. Buyer acknowledges that, prior to Buyer's execution of this Agreement, Buyer has revi ewed the Community Documents to the fullest extent Buyer deems necessary and, upon execution of this Agreement, Buyer is deemed to have accepted the Community Documents of the Community. Buyer further acknowledges that it is Buyer's responsib ility for obtaining any approval of new owners or occupants, which may be required b y the Community. If the Property is subject to any assessment, f e e s , c o s t s , e x p e n s e s o r o t h e r c h a r g e s impos ed by a Community, Buyer shall be responsible for and pay all amounts which b ecome due after Closing. 13.3.4. Lead-Based Paint. 13.3.4.1. Disclosure. Buyer understands and acknowledges that the Property may have been built prior to 1978 and lead-based paint and/or lead-based paint hazards may be present on the P roperty. Seller has provided to Buyer, and Buyer acknowledges receipt of, the pamphlet “Protect Your Family from Lead in Your Home”, attached hereto and incorporated herein by this reference. In addition, Seller and Buyer have executed as an Addendum to this Agreement the “Disclosure of Information on Lead- Based Paint and/or Lead-Based Paint Hazards,” in accordance with applicable law. 13.3.4.2. Acknowledgment and Waiver. Buyer acknowledges that Buyer has been provided the opportunity to undertake studies, inspections or investigations of the Property as Buyer deemed or deems necessar y to evaluate the presence of lead-based paint and/or lead-based paint hazards on the Property. To the extent that Buyer has waived or otherwise declined the opport unity to undertake such studies, inspections and investigations, Buyer has knowingly and voluntarily done so and Seller shall have no responsibility or liability with respect to any presence or occurrence of lead-based paint or lead-based paint hazards. Seller does not make any representation or warranty, express or impli ed, as to the presence of lead-based paint and/or lead-based paint hazards on the Property. 13.3.5. Megan's Law / Registered Sex Offender Disclosure. The Buyer and Seller agree that the Listing and Selling Brokers and their agents are not responsible for obtaining or disclosing any information contained in the Sex Offender Registry for the state in which the Property is located. This information may be obtained from the local sheriff's dep artment, various internet web sites available to the public or other appropriate law enforcement agencies. If Buyer wants further information, the Seller, Listing Broker, Selling Broker and their affiliated licensees recommend that Buyer obtain information from these sources during the Insp ection Period. 13.3.6. Mold. MOLD IS NATURALLY OCCURRING AND MAY CAUSE HEALTH RISKS OR DAMAGE TO PROPERTY. IF BUYER IS CONCERNED OR DESIRES ADDITIONAL INFORMATION REGARDING MOLD, BUYER SHOULD CONTACT AN APPROPRIATE PROFESSIONAL. Real property (incl uding, but not limited to, a basement) is or may be a ffected by water or moisture damage, toxic mold and/or other environmental hazards or conditio ns. Seller further advises buyer that as a consequence of possible water damage and/or excessive moisture, the Property may be or has been irrevo cably contaminated with mildew, mold, and/or other microscopic Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 21 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 organisms. Buyer is advised that: (a) exposure to certain species of mold may pose serious health risks; (b) individuals with immune system deficiencies, infants, children, the elderly, i ndividuals with allergies or respiratory problems; and (c) pets are particularly susceptible to experiencing adverse health effects from mold exposure. Buyer acknowledges that Seller has advised Buyer to make Buyer's own evaluation of the Property and to have the Property thoroughly inspected. Buyer has been further advised by Seller that all areas contaminated with mold, and/or other environment al hazards or conditions, should be properly and thoroughly remediated. Additionally, Buyer has been advised by Seller that habitation of the Property without complete remediation may subject the inhabitants to potentially serious health risks and/or bodily injury. See Section 13.3.8 regarding remediation. 13.3.7. Drywall. Due to the shortage of building materials in the Unites States, some homes were built or renovated using problem dry wall imported from or manufactured in China. Problem drywall reportedly emits levels of sulfur, methane and/or other volatile organic compounds that cause corrosion of circuit breakers, air conditioner and refrigerator coils, copper tubing, electrical wiring, computer wiring and other household items as well as create noxious odors which may also pose health risks. Seller has no knowledge of the presence of Chinese/problem drywall or of any records or reports pertaining to Chinese/problem drywall affecting the Property. Buyer acknowledges that the Buyer is purchasing the Property in its current “AS IS WHER E IS WITH ALL FAULTS” condition and Buyer is being given/has been given the opportunity to conduct a risk assessment or inspection for the presence of Chinese/problem drywall. 13.3.8. Remediation. BUYER ACKNOWLEDGES THAT IS THE SOLE RESPONSIBILITY OF BUYER TO CONDUCT ANY REMEDIATION ON THE PROPERT Y. BUYER ALSO ACKNOWLEDGES THAT SELLER IS SELLING AND BUYER IS BUYING THE PROPERTY AS IS, WHERE IS AND WITH ALL FAULTS. BUYER REPRESENTS AND WARRANTS TO SELLER THAT BUYER HAS BEEN GIVEN THE OPPORTUNITY TO CONDUCT INSPECTIONS AND EVALUATIONS OF THE PROPERTY TO BUYER'S COMPLETE SATISFACTION, AND THAT BY CLOSING ON T HE PROPERTY BUYER ACCEPTS THE PROPERTY AS IS, W HERE IS AND WITH ALL FAULTS AT THE TIME OF CLOSING. BUYER IS ELECTING TO PURCHASE THE PROPERTY FROM SELLER IN AN AS IS, WHERE IS AND WITH ALL FAULTS CONDITION W ITH FULL KNOWLEDGE OF T HE POTENTIAL CONDITION OF THE PROPERTY, THE POTENTIALLY SERIOUS HEALTH RISKS, AND THE POTENTIAL LIABILITY THAT BUYER COULD INCUR AS THE OWNER OF THE PROPERTY FOR CLAIMS, LOSSES, AND DAMAGES ARISING OUT OF ANY TOXIC MOLD CONTAMINATION, AND/OR OTHER ENVIRONMENTAL HAZARDS OR CONDITIONS ON THE PROPERT Y. 13.3.9. Permits and Repairs. 13.3.9.1. Buyer's Responsibility. If the Property is located in a jurisdiction that requires a certificate of occupancy, smoke detector certification, septic certification or any similar certification or permit or any form of improvement or repair to the Property (collectively, “Permits and Repairs”), Buyer acknowledges and agrees that Buyer shall be responsible for obtaining any and all of the Permits and Repairs at Buyer 's sole cost and expense, including but not limited to any certifi cate of use or other certification required by the ordinance. 13.3.9.2. “AS IS, WHERE IS” . BUYER IS PURCHASING T HE PROPERTY IN ITS CURRENT “AS IS, WHERE IS” CONDITION. ANY REPAIRS TO THE PROPERTY IDENTIFIED BY BUYER OR WHICH MAY BE REQUIRED BY ANY LENDING INSTITUTION TO WHICH BUYER MAY HAVE APPLIED ARE THE RESPONSIBILITY OF BUYER. Seller will be under no obligation whatsoever to make any rep airs to the Property. Should any lender or any insuring entity or agency require that certain repairs to the Property be made or that certain other conditions be met, Seller, at Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 22 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 Seller's sole option, may comply with such requirement or terminate the Agreement. Furthermore, should any FHA Conditional Commitment or VA Certificate of Reasonable Value vary from the agr eed upon Total Purchase Price (as the same may be adjusted pursuant to this Agreement) of the Property, then Seller, at Seller's sole option, may terminate the Agreement. Notwithstanding that repairs may be made to the Property pursuant to the terms of this Agreement and prior to Closing, Buyer acknowledges that Seller has not made and will not make any representations or warranties of any character as to the necessity for any such repairs, or the absence of any necessity therefore, or of the adequacy of any such repairs upon completion thereof. Buyer acknowledges and agrees that it is the sole responsibility of Buyer to inspect and verify, prior to Closing, the completion and adequacy of any and all such repairs. 13.3.10. Property Tax Disclosure Su mmary. Buyer should not rely on the Seller's or any previous owner's reported property taxes as the amount of property taxes that the Buyer may be obligated to pay in the year subsequent to purchase of the Property. A change of ownership, use, or property improvements may trigger r eassessment or revaluation of the Property that could result in higher Property taxes. If Buyer has any questions concerning valuation, Buyer is encouraged to contact the local property appraiser's office for information. 13.3.11. Radon. Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines may have been found in buildings in the state where the Property is located. Additional information regarding radon or radon testing may be obtained from the state or local health department or department of environment. Buyer confirms, acknowledges and agr ees that Seller has provided Buyer with the opportunity to conduct Inspections related to the presence of radon on or about the Property. See Section 13.3.8 regarding remediation. 13.3.12. Square Footage. Buyer acknowledges that the square footage of the Property has not been measured by Seller, Seller's representatives or agents (including the square footage of the lot and home) and the square footage quoted on any marketing materials, advertisements, brochures, MLS data, or any other publicly available source of information is deemed approximate and not guaranteed. Buyer further acknowledges that Buyer has not relied upon any such information and that such information does not constitute a representation and/or warranty of Seller. Buyer is buying the Property AS IS, WHERE IS AND WITH ALL FAULTS and acknowledges Buyer's responsibility to perform all due diligence and investigation regarding Buyer's purchase of the Property, including the measurement of or confirmation of square footage of the Property. 13.3.13. Fair Housing. Seller and Buyer acknowledge that the Property was offered, shown, and made available for sale to all persons, and that Seller and Buyer have acted and shall act in all manner without regard to race, creed, color, religion, national origin, physical handicap, service in the armed forces, sex, or s ex orientation, familial status and in accordance with all state and federal fair housing and employment requirements. 13.4. Receipt of Disclosures. Buyer understands and acknowledges that any infor mation provided by or on behalf of Seller with respect to the Property was obtained from a variety of sources and that Seller, Seller's representatives and agents have not made any independent investigation or verification of such information and make no representations as to the accuracy or completeness of any such information concerning the Property. Buyer agrees to accept delivery of this Agreement, any correspondence or communications r e l a t e d to this Agreement a n d any materials, r epo r ts , correspondence, communications and other information contemplated by t h i s Agreement b y el ectronic means, such as email or internet. Any such electronic delivery will not affect the validity or enforceability of this Agreement or Buyer's duties and obligations to perform under this Agreement. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 23 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 14.INDEMNIFICATION. In consideration of the sale of the Property to the Buyer, and/or in consideration of Seller paying the title examination fee, the premium for the Owner's Policy and/or any payment contemplated by t his Agreement, receipt of which is hereby acknowledged, upon the Effective Date, Buyer does hereb y release and agrees to indemnify, hold harmless and fully protect, defend, hold and forever discharge the Seller, the record owner of the Property, and their respective officers, directors, employees, shareholders, servicers, representatives, contractors, asset managers, agents, appraisers, attorneys, tenants, brokers, successors or assigns harmless from and against any and all claims, costs, liens, loss, damages, attorney's fees and expenses of every kind and nature that may be sustained by or made against Seller, the record owner of the Property, and their respective officers, directors, employees, shareholders, servicers, representatives, contractors, asset managers, agents, appraisers, attorneys, tenants, brokers, successors or assigns, resulting from or arising out of: (a)Any provision of this Agreement, its exhibits, schedules, addenda or amendments, including without limitation, any claim arising out of Section 13 hereof; (b)The inspections or repairs made by Buyer or Buyer's agents, employees, contractors, successors or assigns; (c)The imposition of any fine or penalty imposed by an y municipal or governmental entity resulting from Buyer's failure to timely obtain any necessary certificate of occupancy or to compl y with equivalent ordinances, laws and regulations; (d)Claims for amounts due and owed b y Seller for taxes, homeowner association dues or assessment or any other items prorated at closing in a ccordance with Section 10, incl uding an y penalty or interest and other charges, arising from the proration of such amounts for which Buyer received a credit at closing in accordance with Section 10; and (e)Any and all actions concerning security deposits, and for any eviction or unlawful detainer or other litigation arising out of the tenancy, occupancy or lease of the Property after the Closing Dat e. Notwithstanding any term or condition to the contrary in this Agreement, the Parties acknowledge, agr ee and confirm that this Section 14 shall survive the termination of this Agreement and the performance by Seller of Seller's obligations under this Agreement. 15.ADDITIONAL REAL ESTATE PROVISIONS. 15.1.Risk of Loss. In the event Seller actually becomes aware that a material portion of the Property is damaged or destroyed prior to Closing, Seller shall give Buyer written notice thereof. Buyer shall have the option, exercisable within ten (10) days after receipt of such notice, to either: (a) terminate this Agreement in accordance with Section 12.3; or (b) consummate this Agreement in accordance with its terms. In any event, Seller shall not be deemed in default under this Agreement as a result of such damage or destruction. Buyer shall be deemed to have waived Buyer's right to terminate this Agreement if Buyer does not notify Seller in writing of Buyer's election to terminate this Agreement within ten (10) days after receipt of Seller's written notice of material damage. Notwithstanding the foregoi ng, any termination notice given by Buyer under this Section shall be rendered ineffective if, within five (5) days after Seller's receipt of such written notice, Seller delivers to Buyer Seller's written agreement to repair at Seller's sole cost and expense all such damage. In such event, the Closing shall be deemed automatically extended to the third (3rd) business day following Seller's completions of such repair. Buyer shall not be entitled to any insurance proceeds or obtain any rights with resp ect to any claims Seller may have with regard to insurance maintained by Seller with respect to the Property. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 24 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 15.2.Persona l Property. Items of personal property, including but not limited to window coverings, appliances, manufactured homes, mobile homes, alarm systems, vehicles, spas, antennas, satellite dishes and garage door openers, now or hereafter located on the Property are not included in this sale or the Total Purchase Price. Any personal property at or on the Property may be subject to claims by third parties and, therefore, may be removed from the Property prior to the Closing Date. Seller makes no representation or warranty as to the condition of any personal property, title thereto, or whether any personal property is encumbered by any liens. Buyer assumes responsibility for any personal property remaining on the Property at the time of Closing. 15.3.Eminent Domain. In the event that Seller's interest in the Property, or any part thereof constituting any of the improvements on the Property or at least t wenty-five percent (25%) of the unimproved portion of the Property, shall have b een taken by eminent domain or shall be in the process of being taken on or before the Closing Date, either Party may terminate this Agreement and the Deposit shall be returned to Buyer pursuant to Section 5.4 and neither Party shall have any further ri ghts or liabilities hereunder except as provid ed in Section16 .1 of this Agreement. 15.4. Keys. Buyer understands that if Seller is not in possession of keys, including but not limited to, house keys, other building keys, mailbox keys, recreation area keys, gate cards, or automatic garage remote controls, then the cost of obtaining the same will be the responsibility of Buyer. Buyer also understands that if the Property includes an alarm system, Seller may not be able to provide the access code and/or key and that Buyer will be resp onsible for any costs associated with the alarm and/or changing the access code or obtaining keys. Further, Buyer understands and agrees to change or re- key all locks to the Property, at Buyer's expense, after Closing. 15.5.Insurance Policies. Seller's insurance policies on the subj ect prop erty of the closing are not transferable, and will not be prorated at Closing. 16.GENERAL CONTRACT PROVISIONS. 16.1. Survival. Delivery of the deed to the Property to Buyer by Seller shall be deemed to be full performance and discharge of all of Seller's obligations under this Agreement. Notwithstanding anything to the contrary in this Agreement, the provisions of Sections 11.1and 14 of this Agreement, as well as any other provision which contemplates performance or observance by Buyer subsequent to any termination or expiration of this Agreement, shall survive the Closing, funding and the delivery of the deed and/or termination of this Agreement by any Party and continue in full force and effect. 16.2.Assignment of Agreement. Buyer shall not assign this Agreement without the express written consent of Seller. Seller may assign this Agreement at Seller's sole discretion without prior notice to, or consent of, Buyer. In no event shall any assignment by Seller relieve Buyer from Buyer's obligations under this Agreement. If Buyer attempts to or actually assigns or delegates the Agreement without obtaining Seller's prior written consent, then the Agreement may be deemed null and void at Seller's discretion. In the event that Seller chooses to nullify the Agreement for this reason, then Seller shall not be required to refund the Deposit to Buyer. 16.3.Entire Agreement. This Agreement, including the dis closure of i nformation on lead based paint and/or lead based paint hazards or other disclosure forms or notices required by law, constitutes the entire agreement between Buyer and Seller concerning the subj ect matter hereof and supersedes all previous communications, understandings, representatio ns, warranties, covenants or agreements, either written or oral and there are no oral or other written agreements between Buyer and Seller. NO ORAL PROMISES, REPRESENTATIONS (EXPRESSED OR IMPLIED), WARRANTIES OR AGREEMENTS MADE BY SEL LER AND/OR BROKERS OR ANY PERSON ACTING ON BEHALF OF SELLE R SHALL BE DEEMED VALID OR BINDING UPON SELLER Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 25 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 UNLESS EXPRESSLY INCLUDED IN THIS AGREEMENT. All negotiations are merged into this Agreement. Seller is not obligated by any other written or verbal statements m a d e by Seller, Seller's representatives, or any real estate licensee. 16.4.Modification. No provision, term or clause of this Agreement shall be revised, modified, amended or waived except by an instrument in writing signed by Buyer and Seller. 16.5.Rights of Others. This Agreement d o e s not create any rights, claims or benefits inuring to any person or entity, other than Seller's successors and/or assigns, that is not a party to this Agreement, nor does it create or establish any third party beneficiary to this Agreement. 16.6.Counterparts. This Agreement may be execut ed in any number of counterparts and each such counterpart shall be deemed to be an original, but all of which, when taken together, shall constitute one agreement. 16.7.Electronic Sig natures. This Agreement may be executed by providing an electronic signature under the terms of the Electronic Signatures Act, 15 U.S.C. § 7001 et. seq., and may not be denied legal effect solely because it is in electronic form or permits the completion of the business tra nsaction referenced herein electronically instead of in perso n. 16.8. Headings. The titles to the sections and headings of various paragraphs of this Agreement are placed for convenience of reference only and in case of conflict, the text of this Agreement, rather than such titles or headings shall control. 16.9. Gender. Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall be deemed to include the plural of such nouns or pronouns and pronouns of one gender shall be deemed to include the equivalent pronoun of the other gender. 16.10. Force Majeure. Except as provided in Section 15.1, no Party shall be responsible for delays or failure of performance resulting from but not limited to, acts of God, flood, criminal acts, fire, earthquake, riot, computer viruses or hackers, accident, strikes or work stoppage, embargo, sabotage, terrorism, inability to obtain material, equipment or phone lines, government action (includi ng any laws, ordinances, regulations or the like which restrict or prohibit the providing of the services contemplated by this Agreement), and other causes whether or not of the same class or kind as specifically named above providing such delay or failure of performance could not have been prevented by reasonable precautions and cannot reasonably be circumvented by such Party through use of alternate sources, workaround plans or other means. 16.11. Attorney Review. The Parties acknowledge that each Party has had the opportunity to consult with its respective legal co unsel regarding this Agreement and that accordingly the terms of this Agreement are not to be construed against any Party because that Party drafted this Agreement or construed in favor of any Party because that Party failed to understand the legal effect of the provisions of this Agreement. 16.12. Notices. 16.12.1. Communi cations R e g a r d i n g R e a l E s t a t e Transaction. Buyer and Seller acknowledge that man y communications and notices i n real estate transactions are of a time sensitive nature and that the failure to be available to receive such notices and communications can have adverse, legal, business and financial consequences. Buyer and Seller agree to remain reasonably available to receive communications from each other. 16.12.2. Notices Regarding this Agreement. Communications and notices among the Parties regarding the terms of this Agreement shall be in writing, signed by the Party giving the notice, and shall be deemed given: (a) upon receipt if delivered personally or if mailed by certified mail, return receipt requested and postage prepaid; or (b) at noon on the business day after dispatch if sent by a nationally recognized overnight courier via overnight delivery; except for notices to S eller, which may only be delivered to Seller electronically, either via e-mail to OCC@altisource.com or via fax at , with a copy to Listing Broker. All other notices shall be delivered to the address and e-mail addresses as sho wn on Exhibit A (or at such other address a party may specify by like notice). 7000159818 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 26 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 16.13. Successors and Assigns. This Agreement s h a l l be binding upon and inure to the benefit of the successors and assigns of each of the Parties hereto. 16.14. Severability. If for any reason any portion or paragraph of this Agreement shall be declared void and unenforceable by any court of law or equity it shall only affect such particular portion or paragraph of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the Parties hereto. 16.15.Attorneys' Fees. Each Party shall pay the fees and costs of its own counsel. In the event a legal proceeding is commenced to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and costs from the other Party. 16.16.Cumulative Rights. The rights, options, election and remedies contained in this Agreement shall be cumulative; and no one such rights, options, elections and remedies shall be construed as excludi ng any other of them or any right or remedy allowed or provided by la w. 16.17.Governing Law. This Agreement shall be governed and construed in accordance with the laws of the jurisdiction in which the Property is located. 16.18.Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, T HE PART IES HERETO HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT WHICH EITHER OR BOTH OF THEM MAY HAVE TO RECEIVE A TRIAL BY JURY WITH RESP ECT TO ANY CLAIMS, CONTROVERSIES OR DISPUTES WHICH MAY ARISE OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. 16.19. Legal Holidays, Weekends. If an action is called for under this Agreement or a deadline exists on or by a date which is on a weekend or an official holiday of the United States Federal Reserve System Banks and Branches, then that action must be complete on or before the date whi ch is one (1) business day prior to the original scheduled dat e. 16.20. Effective Date. The “Effective Date” of this Agreement shall be the date this Agreement is executed by the Seller, as indicated below on Seller's signature block. 16.21. Exhibits, Addenda. Any exhibits or addenda attached to this Agreement are incorporated into this Agreement by reference. In the event of any conflict or inconsistency between any exhibits or addenda and this Agreement, the exhibits or addenda shall govern. In the event any addenda or exhibit required by applicable law is not attached to this Agreement or otherwise is not provided as required by applicable law, Seller shall have the option to terminate this Agreement pursuant to Section 12.3. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 27 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 7000159818 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date and year first above written. SE LLE R: Carrington Mortgage Services, LLC B y: ______ _ Na me: ____________ _ Date: (the “E ffecti ve Date”) B UYER: St. Louis Park EDA, B y: ______ Name: _____ Date: ______ _____________________ ______, B y: _________________________ Name: _____ ____________ Date: ______ ____________________ LIST ING B ROKER: SELLING B ROKER or BUYER'S AGENT (if an y): Keller Williams Integrity, ___________________________ Maribel Garcia (Agent's na me) ___________________________ (Agent's name) 20341824, MN (Agent's Licens e # and State) ___________________________ (Agent 's License # and State) B y: ______ _ Na me: _______ _ B y: ___________________________ Its: ___________ _ Name: ___________________________ Date: ____________________________ Its: ___________________________ Date: ____________________________ T elephone Number: (612)821-7500 E-mail Address: maribelgarcia@kw.com Tel ep hone Number: ___________________________ E-mail Address: ___________________________ Anne Mavity Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 28 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. EXHIBIT “ A” - Contact Information 7000159818 S E LLE R : B UYER: Carrington Mortgage Services, LLC Buyer 1 – Name: St. Louis Park EDA RE: [Prop ert y ID Number 7000159818] Address: _____ ______ Cit y, St ate, Zi p: Phone (day): Phone (c): _____ ___ _ Fax: ________________________________ e-mail: jgrove@stlouispark.org Buyer 2 – Name: ___________________________ Contact Name: Fax: e-mail: OCC@altisource.com Address: _____ ___ Cit y, St ate, Zi p_____ ___ P ho ne (day): ______________________ _ Phone (c): _______________ ___ _ Fax: ________________________________ e-mail: ___________________________ LIST ING B ROKER: Agent's Na me and License #: Maribel Garcia, 20341824 Address 1: 5239 Address 2: 15th Cit y, State, Zip: Minneapolis, MN 55417 Phone (o): (612)821-7500 P hone (c): Fax: (612)767-5851 e-mail: maribelgarcia@kw.com TIT LE PROVIDE R: Title P rovider's Name: ___________________________ Address 1: ___________________________ Address 2: Suite 110 Cit y, State, Zip: ___________________________ Phone (o): ___________________________ Phone (c): ___________ __ Fax: ___________________________ e-mail: ___________________________ SE LLING BROKER or B UYER'S AGENT (if any): Agent's Na me and License # ___________________________ Address 1: ___________________________ Address 2: ___________________________ Cit y, State, Zip: ___________________________ Phone (o): ___________________________ P hone (c): _________ Fax: ___________________________ e-mail: ___________________________ CLOSING AGENT: Kennedy & Graven, EDA Attorney Contact Name: Sarah Sonsalla, Attorney At Law Contact Address:: 470 U.S. Bank Plaza 200 South 6th Street Minneapolis, MN 55402 Phone (o): 612-337-9284 Phone (c): __________________ Fax: e-mail: ssonsalla@kennedy-graven.com Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 29 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. INSTRUCTIONS TO CLOSING AGENT ASSET MANAGEMENT FEES 7000159818 The Seller hereby directs the closing agent to include on the HUD-1 settlement statement and to disburse from the Seller's proceeds, the amounts detailed below that are being paid by the Seller to Carrington Property Services, LLC as applicable. Seller: Carrington Mortgage Services, LLC Buyer: St. Louis Park Economic Development Authority (EDA) Property: The real property, improvements, appurtenanc es and hereditaments located at 5639 MINNETONKA BLVD, ST LOUIS PARK, MN 55416 Tax Id. No : 1611721210009 Seller Property Id. No : 7000159818 Asset Management Fee(s) Payable to: Carrington Property Services, LLC Amount: $2040.00 Seller's Authorized Representative: By:Carrington Mortgage Services, LLC Date: Signature: Name Printed: Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 30 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged information. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. INSTRUCTIONS TO CLOSING AGENT BROKERAGE COMMISSIONS 7000159818 The Listing Broker and Selling Broker hereby direct the closing agent to include on the HUD-1 settlement statement the amounts detailed below that are being received or paid by the Listing Broker or Selling Broker pursuant to this transaction. All parties acknowledge that commissions and referral fees are calculated from the High Bid/Offer defined in Section 2.11. Sell er: Carrington Mortgage Services, LLC Bu yer: St. Louis Park Economic Development Authority (EDA) Prop ert y: The real prop ert y, improvements, app urtenances and heredita ment s located at 5639 MINNETONKA BLVD ST LOUIS PARK, MN 55416 T ax Id. No : 1611721210009 Sell er Prop ert y I d. No : 7000159818 Brokerage Commission(s) and Referral Fee(s) Selling Broker: Payable to: ___________________________ Amount: $3,400.00 Listing Broker: Payable to: Keller Williams Integrity Amount: $2,720.00 Selling Broker or Broker's Affiliated Licensee: Signature: Name P rinted: ___________________________ Listing Broker or Broker's Affiliated Licensee: Signature: Name P rinted: Maribel Garcia Date: ______________________________ Date: ______ _____ Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 31 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged inform ation. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. ADDENDUM TO PURCHASE AND SALE AGREEMENT (Lead-Based Paint)7000159818 THIS ADDENDUM TO PURCHASE AND SALE AGREEMENT (Lead-Based Paint) (“Addendum”) is d ated as of the 10th day of November,2017, by Carrington Mortgage Services, LLC (“Seller”) a n d St. Louis Park Economic Development Authority (EDA) (“Buyer”), a n d s u p p l e m e n t s that c e r t a i n P u r c h a s e a n d S a l e A g r e e m e n t between the Parties of even date herewith (“Purchase Agreement”). LEAD WARNING STATEMENT. Every purchaser of any interest in residential r eal property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children ma y produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. 1.SELLER'S DISCLOSURES . Presence of lead-based paint and/or lead-based paint hazards (select one below): X Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Known lead-based paint and/or lead-based paint hazards are present in the housi ng (describe): ____ ___ ___ _______ ___ ___ ______ ___ _______ ____ Records and reports available to the Seller (select one below): X Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Seller has provided Buyer with all available records and reports pertaining to lead based paint and/or lead-based paint hazards in the housing (list documents below): ____ ___ ___ _______ ___ ___ ______ ___ _______ ____ 2.PURCHASER'S ACKNOWLEDGMENTS (Buyer initial) Buyer has received copies of all information listed above. Buyer has read and understands the Lead Warning Statement. Buyer has received the pamphlet Protect Your Family from Lead in Your Home. Buyer has (check one below): Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead- based paint hazards. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 32 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged inform ation. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. 3.AGENT'S ACKNOWLEDGMENT. (Agent initial) Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 33 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged inform ation. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. X Agent has informed the Seller of the Seller's obligations under 42 U.S.C. 4852(d) and is aware of the resp onsibility to ensure compliance. 7000159818 4.CERTIFICATION OF ACCURACY .The undersigned Parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate 5.CONSTRUCTION. To the extent that this Addendum is inconsistent with the terms of the Purchase Agreement, then the terms of this Addendum shall control. Any capitalized term not defined in this Addendum shall have the meaning given such term in the Purchase Agreement. All other terms and conditions as set forth in the Agreement shall remain in full force and effect. SELLER: BUYER: Carrington Mortgage Services, LLC St. Louis Park EDA By: ___ ___ ___ Name: _____ __________________ Date: __ ______ __ By: _________________________ _____________________ ______ Name: _______________________ Its: __________________________ By: _____________ __ Date: _______________ _ Name: ______________________ Date: ______________ __ [Listing Agent] Maribel Garcia(Agent's Name) 20341824, MN (Agent's License # and State) By: _______________________ Name: __________ _ Its: ___ __________________ Date:________________________ Anne Mavity Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 34 Buyer's Initials: / Purchase and Sale Agreement-v.” ” -1 PROPRIETARY AND CONFIDENTIAL. This document contains copyrighted, proprietary and confidential information of Altisource Solutions S.à r.l. and/or its affiliates (collectively, “Altisource”) that may constitute trade secret and/or legally privileged inform ation. Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Altisource in writing is STRICTLY PROHIBITED. Altisource, the Altisource logo, the “REAL” family of trademarks and services marks, and certain other marks identified herein are trademarks or service marks of Altisource. © 2016 Altisource. All rights reserved. CLIENT BUYER RESTRICTION NOTICE 7000159818 To: St. Louis Park Economic Development Authority (EDA) From: Altisource Solutions S.a r.l. and Altisource Holdings, LLC (Asset Manager for Seller) Re: Property: 7000159818 Address: 5639 MINNETONKA BLVD, ST LOUIS PARK, MN 55416 This is to give you notice that the Seller prohibits a “Prohibited Purchaser” from purchasing or disposing of the real property referenced above (the “Property”). Prohibited Purchaser is: (i) a member of the Board of Directors of CLIENT (“ ”) or of any affiliated company (each, a “Director”) and/or a person or entity with direct or indirect power to vote 10% of any class of voting shares of “ ” (“Principal Shareholder”), (ii) an employee of “ ” or any affiliated company (each, a ““ ” Employee”), (iii) an immediate family member of a “ ” Employee, Director, or Principal Shareholder, or (iv) any entity owned, associated with, or controlled by a “ ” Employee, Director, and/or Principle Shareholder, or immediate family member of a “ ” Employee, Director, and/or Principal Shareholder. If the Buyer(s) is a Prohibited Purchaser(s), Buyer(s) may not purchase the Property without the express, written consent of the Seller. Additionally, Buyer(s) warrants and represents that he/she/they shall not transfer the real property to any Prohibited Purchaser post-closing. ACKNOWLEDGEMENT I/We have read this disclosure, understand the restrictions on purchasing the Property and verify that the undersigned Buyer(s) are not prohibited from purchasing the Property based on the restrictions described above. Buyer: Name Printed: St. Louis Park EDA Buyer: Name Printed: ___________________________ Date: Date: Anne Mavity Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 35 BUYER (Initials) SELLER (Initials) ADDENDUM TO REAL ESTATE PURCHASE CONTRACT REO #: Property Address: (the “Property”) This Addendum to Real Estate Purchase Contract (“Addendum”) is made and entered into as of this day of (“Effective Date”), and is hereby made part of and incorporated into that certain Real detad tcartnoC esahcruP etatsE (the “Contract”) between Carrington Mortgage Services, LLC(“Seller”) and This Addendum supplements and amends the Contract and supersedes any other provisions evidencing the agreements of the parties hereto, including, without limitation, the Contract, and shall survive the close of escrow. In the event there is any conflict between the terms and conditions contained in this Addendum and the terms and conditions contained in the Contract, the terms and conditions of this Addendum take precedence and shall prevail. Seller and Buyer agree as follows: 1.Acknowledgement:The terms of the purchase and sale of the Property have been acknowledged and conditionally accepted by the Seller as of day of (hereinafter the “Acknowledgement Date”). 2.Purchase Price:The purchase price shall be $ 3.Earnest Money Deposit:The Buyer’s earnest money deposit of $ in the form of certified funds along with the Agreement, signed by Buyer, must be received by the Seller or the Seller’s listing agent within 72 hours of the Acknowledgement Date (the “Deposit Deadline”). Should the Seller not receive the signed Agreement and/or the earnest money deposit by the Deposit Deadline, the Seller reserves the right to unilaterally cancel the Agreement. In addition, the Agreement shall be null and void if the Agreement, signed by Buyer, and/or the earnest money deposit is not received by the Seller before the Seller either unconditionally accepts a competing offer or gives verbal or written notice of revocation either to Buyer, the Buyer’s agent or attorney, or the Seller’s listing agent. 4.Down Payment:The down payment to be a minimum of $ , % of the purchase price 5.Financing:The Agreement (check one) is is not contingent upon the Buyer obtaining financing for the purchase of the Property. If the Agreement is contingent upon financing, the type of financing shall be the following (check one): Cash Conventional FHA VA Other (Specify): Don’t have description of other (a) The Buyer shall apply for a loan in the amount of $ with a term of 40 years or less, at prevailing rates, terms and conditions. The Buyer shall complete and submit to a mortgage lender an application for a mortgage loan containing the terms set forth in this paragraph before the Deposit Deadline, and shall use diligent efforts to obtain a mortgage loan commitment by (the “Commitment Date”). If, despite the Buyer’s diligent efforts, the Buyer is unable to obtain a mortgage loan commitment by the Commitment Date, then either the Buyer or the Seller may terminate the Agreement by giving written notice to the other party. In the event of termination by the Buyer, the Buyer’s notice to Seller must include a copy of the loan application, proof of the application date, and a copy of the denial letter from the prospective lender. In the event of proper termination by the Buyer under this paragraph, the earnest money deposit shall be returned to the Buyer and the parties shall have no further obligation to each other under the Agreement. The Buyer agrees to cooperate and comply with all requests for documentation and information from the Buyer’s chosen lender during the loan application process. Failure of the Buyer to comply with such requests from the Buyer’s chosen lender that results in the denial of the mortgage loan, or failure of the Buyer’s to provide proper notice to Seller in the event of termination by Buyer, shall constitute a breach of the Agreement and render the Agreement null and void, and the Seller shall be entitled to retain the earnest money deposit. (b) If the Agreement is contingent upon financing, the Buyer shall present proof, satisfactory to Seller, of the Buyer’s full credit prequalification for a mortgage loan in an amount and under terms (“Buyer”) pertaining to the Property. The Buyer acknowledges and agrees that the Contract and this Addendum shall together be referred to as the “Agreement”. EQUATOR PROPRIETARY, CONFIDENTIAL AND TRADE SECRET INFORMATION. This document contains proprietary and confidential information that is legally privileged.Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Equator in writing is STRICTLY PROHIBITED. This document additionally contains protected trade secret information of Equator. For additional information, please contact Equator by e-mail at info@equator.com or by telephone at (310) 469-950.© 2010, Equator, LLC. All Rights Reserved. 7000159818 5639 MINNETONKA BLVD ST LOUIS PARK MN 55416 11/03/2017 St. Louis Park Economic Development Authority . 136000 4080 136000.00 136000.00 0 08 Nov,2017 09 November, 2017 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 36 BUYER (Initials) SELLER (Initials) sufficient for the Buyer to perform its obligations under the Agreement. The prequalification shall include, without limitation, a certification of prequalification (or a mortgage loan commitment) from a direct mortgage lender and a satisfactory credit report. The Buyer’s submission of proof of prequalification, satisfactory to Seller, is a condition precedent to the Seller’s acceptance of the Agreement and failure of the Buyer to provide such proof before the Deposit Deadline shall render the Agreement null and void. (c) If the Agreement is not contingent on financing, Buyer shall provide Seller proof of liquid funds on deposit in the United States sufficient to close this transaction. Such proof shall be provided before the Deposit Deadline and will be subject to Seller’s approval. The Property shall remain on the market until such proof of funds is accepted by Seller. (d) The Buyer is aware that the Purchase Price and terms of this transaction were negotiated on the basis of the type of financing selected by Buyer. Any change as to the loan type, terms or a change in the Buyer’s lender after negotiations have been completed, without the written consent of the Seller, shall constitute a breach of the Agreement and render the Agreement null and void, and the Seller shall be entitled to retain the earnest money deposit. 6.Seller Concessions/Repairs: (a) The Seller agrees to pay up to $ towards Buyer’s closing costs, which are defined as prepaid, non-recurring and non-allowable costs. (b) The Seller agrees to pay up to $ towards repairs on the Property. Any repair amount in excess of the stated amount shall be the sole responsibility of the Buyer. (c) Seller agrees to pay up to $ for the Termite Inspection and $ (d) Seller agrees to pay $ toward Home Warranty choosen by buyer towards Section 1 charges listed on the termite/pest report. Any amount in excess of the stated amount shall be the sole responsibility of the Buyer. 7.Closing: (a) The closing shall take place on or before or within five (5) calendar days of final loan approval by the Buyer’s lender, whichever is earlier (hereinafter referred to as the “Closing Date”), unless extended in writing signed by the Seller and the Buyer or extended by the Seller under the terms of the Agreement. The closing shall be held in the offices of the Seller’s attorney or agent, or at a place so designated and approved by Seller, unless otherwise required by applicable law. If the closing does not occur by the Closing Date, the Agreement is automatically terminated and the Seller shall retain the earnest money deposit as liquidated damages. (b) In the event Buyer requests an extension of the Closing Date or of the deadline for the fulfillment of any contingency, and the Seller agrees to the extension, the Buyer agrees to pay to the Seller a per diem penalty of 100.00 per calendar day towards Seller’s carrying costs, through and including the Closing Date specified in the written extension agreement. The per diem amount must be deposited with the closing agent at the time any request for extension is made. If the sale does not close by the Closing Date specified in the written extension agreement, the Seller may retain the earnest money deposit and the accrued per diem payment as liquidated damages. 8.Additional Terms: 9.Occupancy:The Buyer (check one)do does not intent to use and occupy the property as Buyer’s primary residence. 10.Inspections: The Buyer hereby waives their right to inspections and agrees to accept the Property in its current As Is, Where Is condition, With All Faults On or before ten (10) calendar days from the Acknowledgement Date, (a) The Buyer shall have both inspected the Property (or obtained for its own use, benefit and reliance, third party inspections and/or reports on the condition of the Property) and provided written notice to the Seller of any exceptions or objections observed by Buyer to the condition of the Property (hereinafter “Exception Notice”). Unless otherwise noted in Section 8 of this Addendum, the Buyer’s failure to provide such Exception Notice to Seller within such ten (10) EQUATOR PROPRIETARY, CONFIDENTIAL AND TRADE SECRET INFORMATION. This document contains proprietary and confidential information that is legally privileged.Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Equator in writing is STRICTLY PROHIBITED. This document additionally contains protected trade secret information of Equator. For additional information, please contact Equator by e-mail at info@equator.com or by telephone at (310) 469-950.© 2010, Equator, LLC. All Rights Reserved. 0 12/08/2017 . Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 37 BUYER (Initials) SELLER (Initials) calendar day period shall be deemed a waiver by the Buyer of Buyer’s right to inspect the Property, a waiver by the Buyer of any objections to the condition of the Property and acceptance by the Buyer of the condition of the Property AS IS, WHERE IS, WITH ALL FAULTS. The Buyer shall keep the Property free and clear of liens and indemnify and hold the Seller harmless from all liability claims, demands, damages, and costs related to the Buyer’s inspection and the Buyer shall repair all damages arising from or caused by the inspections. The Buyer shall not directly or indirectly cause any inspections to be made by any government building or zoning inspectors or government employees without the prior written consent of the Seller, unless required by law, in which case, the Buyer shall provide reasonable notice to the Seller prior to any such inspection. (b) After submission of Buyer’s Exception Notice to Seller, and upon Seller’s request, the Buyer shall provide to the Seller complete copies of all inspection reports upon which the Buyer’s Exception Notice is based. In no event shall the Seller be obligated to make any repairs or replacements that may be indicated in the Buyer’s Exception Notice. The Seller may, at its sole discretion, make such repairs to the Property under the terms described in Section 11 of this Addendum. If the Seller elects not to repair the Property, the Buyer may cancel the Agreement and receive a refund of the earnest money deposit. If the Seller elects to make any such repairs to the Property, the Seller shall notify the Buyer after completion of the repairs and the Buyer shall have five (5) calendar days from the date of notice of completion to inspect the repairs and notify the Seller of any items disapproved. The Buyer’s failure to notify Seller of any items disapproved shall be deemed acceptance of the repairs. (c) If the Property is a condominium or planned unit development or co-operative, unless otherwise required by law, the Buyer, at the Buyer’s own expense, is responsible for obtaining and reviewing the covenants, conditions and restrictions and bylaws of the condominium or planned unit development or co-operative within five (5) calendar days after the Effective Date. The Seller agrees to use reasonable efforts, as determined at the Seller’s sole discretion, to assist the Buyer in obtaining a copy of the covenants, conditions and restrictions and bylaws. The Buyer will be deemed to have accepted the covenants, conditions and restrictions and bylaws if the Buyer does not notify the Seller in writing, within ten (10) calendar days of the Effective Date, of the Buyer’s objection to the covenants, conditions and restrictions and/or bylaws. 11.Condition of Property: The Buyer understands and acknowledges that the Seller or an affiliated entity of the Seller acquired the Property by foreclosure, deed-in-lieu of foreclosure, forfeiture, tax sale, right of eminent domain or similar process and consequently, the Seller has no direct knowledge concerning the condition of the Property. As a material part of the consideration to be received by the Seller under the Agreement as negotiated and agreed to by the Buyer and the Seller, the Buyer acknowledges and agrees to accept the Property in “As Is, Where Is” condition, With All Faults at the time of closing, including, without limitation, any hidden defects or environmental conditions (including the presence of mold, which is more specifically addressed in Section 12 below) affecting the Property, whether known or unknown, whether such defects or conditions were discoverable through inspection or not. (a) The Buyer acknowledges that the Seller, its agents and representatives have not made, and the Seller specifically negates and disclaims, any representations, warranties, promises, covenants, agreements, or guarantees, implied or express, oral or written, in respect to: (i) The physical condition or any other aspect of the Property including the structural integrity or the quality or character of materials used in construction of any improvements, availability and quality or quantity of water, stability of the soil, susceptibility to landslide or flooding, sufficiency of drainage or any other matter affecting the stability, safety or integrity of the Property or improvements; (ii) The conformity of the Property or the improvements to any environmental, zoning, land use or building code requirements or compliance with any laws, rules, ordinances or regulations of any federal, state or local governmental authority, or the granting of any required permits or approvals, if any, of any governmental bodies which had jurisdiction over the construction of the original structure, any improvements and/or remodeling of the structure; and (iii) The habitability, marketability, profitability or fitness for a particular purpose of the Property or improvements, including defects, apparent or latent, which now exist or which may hereafter exist and which, if known to Buyer, would cause Buyer to refuse to purchase the Property. (b) In the event the Property is affected by an environmental hazard, as determined by the Seller, either party may terminate the Agreement. In the event the Seller decides to sell the Property to the Buyer and the Buyer agrees to purchase the Property, the Buyer agrees to execute an indemnity and hold harmless agreement at Closing, in a form acceptable to Seller. In the event the Buyer elects not to execute the disclosure and release, at the Seller’s discretion, the Agreement is automatically terminated upon notice given to Buyer. EQUATOR PROPRIETARY, CONFIDENTIAL AND TRADE SECRET INFORMATION. This document contains proprietary and confidential information that is legally privileged.Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Equator in writing is STRICTLY PROHIBITED. This document additionally contains protected trade secret information of Equator. For additional information, please contact Equator by e-mail at info@equator.com or by telephone at (310) 469-950.© 2010, Equator, LLC. All Rights Reserved. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 38 BUYER (Initials) SELLER (Initials) (c)In the event that Seller has received official notice that the Property is in violation of building codes or similar laws or regulations, the Seller may terminate the Agreement or delay the Closing Date or the Buyer may terminate the Agreement. In the event the Agreement is terminated by either Buyer or Seller pursuant to this Paragraph 11, any earnest money deposit will be retuned to the Buyer. If there is an enforcement proceeding arising from allegations of such violations before an enforcement board, special master, court or similar enforcement body, and neither the Buyer nor the Seller terminate the Agreement, the Buyer agrees (a) to accept the Property subject to the violations, and (b) to be responsible for compliance with the applicable code and with orders issued in any code enforcement proceeding. Buyer agrees to execute any and all documents necessary or required for closing by an agency with jurisdiction over the Property. Buyer further agrees to indemnify the Seller from any and all claims or liability arising from the Buyer’s breach of this paragraph 11of this Addendum. (d) The Closing of this sale shall constitute acknowledgement by the Buyer that the condition of the Property is acceptable to the Buyer at that time. The Buyer agrees that Seller shall have no liability for any claims or losses the Buyer of the Buyer’s successors or assigns may incur as a result of construction or other defects that may now of hereafter exist with respect to the Property. (e) The Seller is exempt from filing a disclosure statement as the Property was acquired through foreclosure, deed-in-lieu of foreclosure, forfeiture, tax sale, eminent domain, or similar process. For Alaska transactions, the Seller and the Buyer have previously executed a waiver of the disclosure provisions of Alaska statutes. 12.Mold, Mildew or other Fungal Substances: (a) Buyer acknowledges that Seller has no knowledge if the Property has been impacted by mold, mildew or other fungal substances. Buyer acknowledges and agrees that Seller has strongly encouraged Buyer to have the Property inspected and abated or remediated by a qualified mold remediation specialist to reduce the concentrations of mold or similar substances that might be present on or in the Property, prior to human or animal occupancy. Buyer hereby warrants and agrees that Buyer has had the opportunity to thoroughly inspect the Property, for the existence of mold, mildew or other fungal substances and has elected to purchase the Property, despite any mold contamination, relying solely upon Buyer’s own inspection, examination and evaluation of the Property, and not on any information provided or to be provided by the Seller. (b) Buyer further acknowledges that Seller has strongly encouraged Buyer to consult with a physician regarding the potential adverse effects of mold exposure on human and animal health, particularly with respect to humans or animals whose health may be more likely to be adversely affected by mold due to their age, physical condition, allergies, medical condition, history or susceptibility. (c) Buyer hereby releases, quitclaims and forever discharges Seller, its officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors or assigns who may be liable by or through them, from and against any and all present and future claims, losses or demands of any kind or character relating to the condition of the Property, including, but not limited to all present or future tort or other claims involving property damage or injuries to human health directly or indirectly attributed to or arising out of any mold or similar fungal substances impacting the Property. This release shall survive Closing. (d) Buyer agrees to defend, indemnify and hold harmless the Seller, its officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors or assigns from and against any and all lawsuits, damages, claims, suits, proceedings, liabilities, costs and expenses (including without limitation, attorney’s fees) which may be imposed on, sustained, incurred or suffered, or asserted, directly or indirectly, as a result or relating to or arising out of the breach of any representation or warranty or covenant or agreement of Buyer contained herein. 13.Repairs: All treatments for wood infesting organisms and other repairs will be completed by a vendor approved by the Seller, and will be subject to the Seller’s satisfaction only. If the Seller has agreed to pay for treatment of wood infesting organisms, the Seller shall treat only active infestation. Neither the Buyer, nor its representatives, shall enter upon the Property to make any repairs and/or treatments prior to Closing without the prior written consent of the Seller. To the extent that the Buyer, or its representatives, makes repairs and/or treatments to the Property prior to Closing, the Buyer hereby agrees to release and indemnify the Seller from and against any and all claims related in any way to the repairs and/or treatments and further agrees to execute a release and indemnification and provide proof of liability insurance naming Seller as a loss payee, both in a form acceptable to the Seller, prior to entry on the Property and commencement of any such repairs or treatments. The Buyer acknowledges that all repairs and treatments are done for the benefit of the Seller and not for the benefit of the Buyer and that the Buyer has inspected or has been given the opportunity to inspect repairs and treatments. Any repairs or treatments made, or caused to be made, by the Seller shall be completed prior to the Closing. Under no circumstances shall the Seller be required to make any repairs or treatments after the Closing Date. The Buyer acknowledges that Closing on this transaction shall be deemed the Buyer’s reaffirmation that the Buyer is satisfied with the condition of the Property and with all repairs and treatments to the Property and waives all claims related to such condition and to the EQUATOR PROPRIETARY, CONFIDENTIAL AND TRADE SECRET INFORMATION. This document contains proprietary and confidential information that is legally privileged.Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Equator in writing is STRICTLY PROHIBITED. This document additionally contains protected trade secret information of Equator. For additional information, please contact Equator by e-mail at info@equator.com or by telephone at (310) 469-950.© 2010, Equator, LLC. All Rights Reserved. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 39 BUYER (Initials) SELLER (Initials) quality of the repairs or treatments to the Property. Any repairs or treatments that Seller agrees to perform shall be performed for functional purposes only and exact restoration of appearance or cosmetic items following any repairs or treatments shall not be required. The Seller shall not be obligated to obtain or provide to the Buyer any receipts, or treatments, written statements indicating dates or types of repairs and/or treatments or copies of such receipts or statements nor any other documentation regarding any repairs and treatments to the Property. THE SELLER DOES NOT WARRANT OR GUARANTEE ANY WORK, REPAIRS OR TREATMENTS TO THE PROPERTY. 14.Occupancy Status of the Property: (a)The Buyer acknowledges that neither the Seller, nor its representatives, agents or assigns, has made any warranties or representations, express or implied, relating to the existence of any tenants or occupants at the Property, unless otherwise noted in Section 8 of this Addendum. The Seller, its representatives, agents or assigns, shall not be responsible for evicting or relocating any tenants, occupants, or personal property at the Property prior to or subsequent to Closing, unless otherwise noted in Section 8 of this Addendum. The Buyer further acknowledges and agrees that (i) the Seller is not holding any security deposits from the former or current tenants and has no information as to such security deposits as may have been paid by the former or current tenants to anyone, (ii) no sums representing such tenant security deposits shall be transferred by the Seller to the Buyer as part of this transaction, and (iii) the Buyer hereby assumes all responsibility and liability for the refund of such security deposits to the tenants pursuant to the provisions of applicable laws and regulations. All rents due and payable and collected from tenants for the month in which closing occurs will be prorated according to the provisions of Section 16 of this Addendum. (b) The Buyer acknowledges that this Property may be subject to the provisions of local rent control ordinances and regulations. The Buyer agrees that upon the Closing all eviction proceedings and other duties and responsibilities of a property owner and landlord, including but not limited to, those proceedings required for compliance with such local rent control ordinances and regulations, will be the Buyer’s sole responsibility. (c) If the Property is located in Alabama, Buyer understands that the Property may be subject to redemption by the prior owner upon payment of certain sums and Buyer may be dispossessed of the Property. Buyer is advised to consult with an attorney to fully understand the import and impact of the foregoing. Buyer agrees he shall have no recourse against Seller in the event the right of redemption is exercised. 15.Personal Property: Items of personal property, including but not limited to, window coverings, appliances, manufactured homes, mobile homes, vehicles, spas, antennas, satellite dishes and garage door openers, now or hereafter located on the Property, are not included in this sale or the Purchase Price unless the personal property is specifically described and referenced in Section 8 of this Addendum. Any personal property at or on the Property may be subject to claims by third parties and, therefore, may be removed from the Property prior to or after the Closing Date. The Seller makes no representations or warranty as to the condition of any personal property, title thereto, or whether any personal property is encumbered by any liens. The Buyer assumes responsibility for any personal property remaining on the Property at the time of Closing. 16.Closing Costs and Adjustments: (a) The Buyer and Seller agree to prorate the following expenses as of closing and funding: municipal water and sewer charges, utility charges, real estate taxes and assessments, common area charges, condominium or planned unit development or similar community assessments, co- operative fees, maintenance fees, and rents, if any. In determining prorations, the Closing Date shall be allocated to the Buyer. Payment of special assessment district bonds and assessments, and payment of homeowner’s association or special assessments shall be paid current and prorated between the Buyer and the Seller as of the Closing Date with payments not yet due and owing to be assumed by the Buyer without credit toward the Purchase Price. The Property taxes shall be prorated based on an estimate or actual taxes from the previous year on the Property. All prorations shall be based upon a 30-day month and all such prorations shall be final. The Seller shall not be responsible for any amounts due, paid or to be paid after the day prior to the Closing Date, including but not limited to, any taxes, penalties or interest assessed or due as a result of retroactive, postponed or additional taxes resulting from any change in use of, or construction on, or improvement to the Property, or an adjustment in the appraised value of the Property. In the event the Seller has paid any taxes, special assessments or other fees and there is a refund of any such taxes, assessments or fees after closing, and the Buyer as current owner of the Property receives the payment, the Buyer will immediately submit the refund to the Seller. (b)Regardless of local custom or practice, the Buyer shall pay all costs and fees incurred in the transfer of the Property, including cost of any survey, title policy, escrow or closing fees and lender required fees, except as expressly assumed by the Seller in Section 6. EQUATOR PROPRIETARY, CONFIDENTIAL AND TRADE SECRET INFORMATION. This document contains proprietary and confidential information that is legally privileged.Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Equator in writing is STRICTLY PROHIBITED. This document additionally contains protected trade secret information of Equator. For additional information, please contact Equator by e-mail at info@equator.com or by telephone at (310) 469-950.© 2010, Equator, LLC. All Rights Reserved. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 40 BUYER (Initials) SELLER (Initials) (c)The Seller shall pay the real estate commission per the listing agreement between the Seller and the Seller’s listing broker. Buyer represents that Buyer is not a real estate licensee, nor is the real estate licensee representing Buyer related to, or affiliated with Buyer, unless such relationship or affiliation has been disclosed to Seller. 17.Certificate of Occupancy: If the Property is located in a jurisdiction that requires a certificate of occupancy, smoke detector certification, septic certification or any similar certification or permit (“Certificate of Occupancy”) or any form of improvement or repair to the Property to obtain such Certificate of Occupancy necessary for the Property to be occupied, the Buyer understands that the Seller requires the Certificate of Occupancy to be obtained by the Buyer at the Buyer’s sole cost and expense. The Buyer shall make application for all Certificates of Occupancy within ten (10) calendar days of the Acknowledgement Date. The Buyer shall not have the right to delay the Closing due to the Buyer’s failure or inability to obtain any required Certificate of Occupancy. Failure of the Buyer to obtain and furnish the Certificate of Occupancy shall be a material breach of the Agreement. 18.Delivery of possession of Property: The Seller shall deliver possession of the Property to the Buyer at closing and funding of sale. The delivery of possession shall be subject to the rights of any tenants or parties in possession per Section 14 of this Addendum. If the Buyer alters the Property or causes the Property to be altered in any way and/or occupied the Property prior to the closing and funding without the prior written consent of the Seller, such event shall constitute a breach by the Buyer under the Agreement and the Seller may terminate the Agreement and the Buyer shall be liable to the Seller for damages caused by any such alteration or occupation of the Property prior to closing and funding and waives any and all claims for damages or compensations for improvements made by the Buyer to the Property including but not limited to, any claims for unjust enrichment. 19.Deed: The deed to be delivered at Closing shall be a deed that covenants that grantor grants only that title which grantor may have and that grantor will only defend title against persons claiming by, through, or under grantor, but not otherwise (which deed may be known as a Grant Deed, Special Warranty, Limited Warranty, Quit Claim or Bargain and Sale Deed). Any reference to the term “Deed” or “Special Warranty Deed” herein shall be construed to refer to such form of deed. 20.Defects in Title: If the Buyer raises an objection to the Seller’s title to the Property, which, if valid, would make title to the Property uninsurable, the Seller shall have the right unilaterally to terminate the Agreement by giving written notice of the termination to the Buyer. However, if the Seller is able to correct the problem through reasonable efforts, as the Seller determines at its sole and absolute discretion, prior to the Closing Date, including any written extensions thereof, or if title insurance is available from a reputable title insurance company at regular rates containing affirmative coverage for the title objections, then the Agreement shall remain in full force and the Buyer shall perform pursuant to the terms set forth in the Agreement. The Seller is not obligated to remove any exception or to bring any action or proceeding or bear any expense in order to convey title to the Property or to make the title insurable, and any attempt by the Seller to remove such title exceptions shall not impose an obligation upon the Seller to remove those exceptions. The Buyer acknowledges that the Seller’s title to the Property may be subject to court approval of foreclosure or to mortgagor’s right of redemption. In the event the Seller is not able to (a) make the title insurable or correct any problem, or (b) obtain title insurance from a reputable title insurance company, all as provided herein, the Buyer may terminate the Agreement and any earnest money deposit will be returned to the Buyer as the Buyer’s sole remedy at low or equity. 21.Representations and Warranties: The Buyer represents and warrants to the Seller the following: (a) The Buyer is purchasing the Property solely in reliance on its own investigation and inspection of the Property and not on any information, representation or warranty provided or to be provided by the Seller, its servicers, representatives, brokers, employees, agents or assigns. (b) Neither the Seller, nor its servicers, employees, representatives, brokers, agents or assigns, has made any representations or warranties, implied or expressed, relating to the marketability, insurability or condition of the Property or the contents thereof, except as expressly set forth in Section 8 of this Addendum. (c) The Buyer has not relied on any representation or warranty from the Seller regarding the marketability, insurability or condition of the Property or the contents thereof, or the nature, quality, or workmanship of any repairs made by the Seller; and (d) The Buyer will not occupy, or cause or permit others to occupy, the Property prior to closing and funding and, unless and until any necessary Certificate of Occupancy has been obtained from the appropriate governmental entity, will not occupy or cause or permit others to occupy the Property after Closing. 22.Waivers: (a) As a material part of the consideration to be received by the Seller under the Agreement as negotiated and agreed to by the Buyer and the Seller, the Buyer waives the following: (i) All rights to file and maintain an action against the Seller for specific performance; (ii) Right to record a Lis Pendens against the Property or to record the Agreement or a memorandum thereof in the real property records; EQUATOR PROPRIETARY, CONFIDENTIAL AND TRADE SECRET INFORMATION. This document contains proprietary and confidential information that is legally privileged.Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Equator in writing is STRICTLY PROHIBITED. This document additionally contains protected trade secret information of Equator. For additional information, please contact Equator by e-mail at info@equator.com or by telephone at (310) 469-950.© 2010, Equator, LLC. All Rights Reserved. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 41 BUYER (Initials) SELLER (Initials) (iii)Right to invoke any other equitable remedy that may be available that, if invoked, would prevent the Seller from conveying the Property to a third party buyer; (iv) Any and all claims arising from the adjustments or prorations or errors in calculating the adjustments or prorations that are or may be discovered after Closing; (v) Any claims for failure of consideration and/or mistake of fact as such claims relate to the purchase of the Property or entering into or execution of or closing under the Agreement; (vi) Any remedy of any kind, including, but not limited to, recission of the Agreement, other than as expressly provided in Section 24 of this Addendum, to which the Buyer might otherwise be entitled at law or equity whether base on mutual mistake of fact or law or otherwise; (vii) Trial by jury, except where such waiver is prohibited by law, in any litigation arising from or connected with or related to the Agreement; (viii) Any claims or losses the Buyer may incur as a result of construction on, repair to, or treatment of the Property, or other defects, which may now or hereafter exist with respect to the Property; (ix) Any right to avoid this sale or reduce the Purchase Price or hold the Seller responsible for damages on account of the marketability, insurability or condition of the Property, lack of suitability or fitness of the Property for a particular purpose, or defects, apparent or latent, in the Property (x) Any claim arising from encroachments, easements, shortages in area or any other matter which would be disclosed or revealed by a survey or inspection of the Property or search of public records. (b) In the event that the Buyer breaches or disregards, or attempts to disavow, any of the representations, warranties or waivers described or contemplated under Section 22 or Section 23 of this Addendum, the Buyer shall pay all reasonable attorney fees and costs incurred by the Seller in (i) seeking reaffirmation or enforcement of any such representation, warranty or waiver, or (ii) defending any action initiated by the Buyer for the purpose of or relating to any such breach, disregard or disavowal, and the Buyer shall pay Five Thousand Dollars ($5,000.00) as liquidated damages for such attempted or actual breach, disregard or disavowal, which amount shall be in addition to any liquidated damages held or covered by the Seller pursuant to Section 25 of this Addendum. 23.Conditions to the Seller’s Performance: The Seller shall have the right, at the Seller’s sole discretion, to extend the Closing Date or to terminate the Agreement if: (a) Full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the Closing Date or the mortgage insurance company exercises its right to acquire title to the Property: (b) The Seller determines that it is unable or it is economically not feasible to convey title to the Property insurable by a reputable title insurance company at regular rates; (c) A third party having an interest in the Property has requested that the servicing lender, or other party, repurchase the loan previously secured by the Property; (d) Full payment of any property, fire or hazard insurance claim is not confirmed prior to the Closing or date set forth herein for Closing; (e) Any third party, whether tenant, homeowner’s association, or otherwise, exercised rights under a right of first refusal to purchase the Property; (f) The Buyer is the former mortgagor of the Property whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and the Buyer has not disclosed this fact to the Seller prior to the Seller’s acceptance of the Agreement. Such failure to disclose shall constitute default under the Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the earnest money deposit; or (g) The Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Buyer, or any related transactions, is in any way associated with illegal activity of any kind. In the event that Seller elects to terminate the Agreement as a result of (a), (b), (c), (d), (e), or (g) above, the Seller shall return the Buyer’s earnest money deposit and the parties shall have no further obligation under the Agreement, except as to any provision pursuant to Section 30 of this Addendum. 24.Remedies for Default: (a) In the event of Buyer’s default, material breach or material misrepresentation of any fact under the terms of the Agreement, the Seller, at its option, may retain the earnest money deposit and any other funds then paid by the Buyer as liquidated damages and/or invoke any other remedy available at law or expressly set out in the Agreement, and the Seller is automatically released from the obligation to sell the Property to the Buyer and neither the Seller nor its representatives, agents, attorneys, successors, or assigns shall be liable to the Buyer for any damages of any kind as a result of the Seller’s failure to sell and convey the Property. (b) In the event of Seller’s default or material breach under the terms of the Agreement or it the Seller terminates the Agreement as provided under the provisions of the Agreement, the Buyer shall be entitled to the return of the earnest money deposit as Buyer’s sole and exclusive remedy at law and/or equity. Any reference to a return of the Buyer’s earnest money deposit contained in the EQUATOR PROPRIETARY, CONFIDENTIAL AND TRADE SECRET INFORMATION. This document contains proprietary and confidential information that is legally privileged.Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Equator in writing is STRICTLY PROHIBITED. This document additionally contains protected trade secret information of Equator. For additional information, please contact Equator by e-mail at info@equator.com or by telephone at (310) 469-950.© 2010, Equator, LLC. All Rights Reserved. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 42 BUYER (Initials) SELLER (Initials) Agreement shall mean a return of the earnest money deposit, less any escrow cancellation fees applicable to the Buyer under the Agreement and less fees and costs payable for services and products provided during escrow at the Buyer’s request. The Buyer waives any claims that the Property is unique and the Buyer acknowledges and agrees that return of its earnest money deposit adequately and fairly compensates the Buyer. Upon return of the earnest money deposit to the Buyer under this Section 23 (b), the Agreement shall be terminated, and the Buyer and Seller shall have no further liability, no further obligation, and no further responsibility each to the other and the Buyer and the Seller shall be released from any further obligation each to the other in connection with the Agreement. (c)The Buyer agrees that the Seller shall not be liable to the Buyer for any special, consequential, or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability), or any other legal or equitable principle, including, but not limited to, any cost or expense incurred by the Buyer in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses, or any other such expense or cost arising from, or related to, the Agreement or a breach of the Agreement. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for, any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 24 and the Agreement is terminated, the parties shall have no further obligation under the Agreement, except as to any provision that survives the termination of the Agreement pursuant to Section 29 of this Addendum. 25.Indemnification: The Buyer agrees to indemnify and fully protect, defend, and hold the Seller, its officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors or assigns, harmless from and against any and all claims, costs, liens, loss, damages, attorney fees, and expenses of every kind and nature that may be sustained by, or made against the Seller, its officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors or assigns, resulting from or arising out of: (a) Inspections or repairs made by the Buyer or its agents, employees, contractors, successors or assigns; (b) The imposition of any fine or penalty imposed by any governmental entity resulting from the Buyer’s failure to timely obtain any Certificate of Occupancy or to comply with equivalent laws and regulations; (c) Claims for amounts due and owed by the Seller for real property taxes, homeowner’s association dues or assessments, or any other items prorated at closing under Section 16 of this Addendum, including any penalty or interest and other charges, arising from the proration of such amounts for which the Buyer received a credit at closing under Section 15 of this Addendum; (d) The Buyer or the Buyer’s tenant, agents or representatives use and/or occupancy of the Property prior to closing and/or issuance of required Certificates of Occupancy; or (e) The breach by Buyer of any of the terms and conditions of the Agreement. 26.Risk of Loss: In the event of fire, destruction, or other casualty loss to the Property after the Seller’s acceptance of the Agreement and prior to closing and funding, the Seller may, at its sole discretion, repair or restore the Property, or the Seller may terminate the Agreement. If the Seller elects to repair or restore the Property, then the Seller may, at is sole discretion, limit the amount to be expended. If the Seller elects not to repair or restore the Property, the Buyer ‘s sole and exclusive remedy shall be either to acquire the Property in its then condition at the Purchase Price with no reduction thereof by reason of such loss, or terminate the Agreement and receive a refund of any earnest money deposit. 27.Eminent Domain: In the event that the Seller’s interest in the Property, or any part thereof, shall have been taken by eminent domain, or shall be in the process of being taken on or before the Closing Date, either party may terminate the Agreement and the earnest money deposit shall be returned to the Buyer and neither party shall have any further rights or liabilities hereunder, except as provided in Section 30 of this Addendum. 28.Keys: Buyer is aware that the Property may be on a master key system. Buyer is encouraged to re-key the Property after closing. Buyer agrees to hold Seller harmless regarding any theft or damage of personal property. 29.Survival: Delivery of the Deed to the Property to the Buyer by the Seller shall be deemed to be full performance and discharge of all the Seller’s obligations under the Agreement. Notwithstanding anything to the contrary in the Agreement, the provisions of Sections 11, 13, 14, 16, 18, 19, 22, 23, 25, 26, 27, 28 and 30 of this Addendum, as well as any other provision which contemplates performance or observance subsequent to any termination or expiration of the Agreement, shall survive the closing, funding and the delivery of the Deed and/or termination of the Agreement by any party and continue in full force and effect. 30.Title and Closing: Except where prohibited by law, the providers of title and escrow/closing services shall be designated by Seller. Seller shall pay for a Standard ALTA Homeowners policy of title insurance, if such policy is available for the Property. EQUATOR PROPRIETARY, CONFIDENTIAL AND TRADE SECRET INFORMATION. This document contains proprietary and confidential information that is legally privileged.Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Equator in writing is STRICTLY PROHIBITED. This document additionally contains protected trade secret information of Equator. For additional information, please contact Equator by e-mail at info@equator.com or by telephone at (310) 469-950.© 2010, Equator, LLC. All Rights Reserved. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 43 BUYER (Initials) SELLER (Initials) 31.Severability: The invalidity, illegality or enforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement, all of which shall remain in full force and effect. 32.Assignment of Agreement: The Buyer may not assign the Agreement without the express written consent of Seller, which consent may be withheld in Seller’s sole discretion. The Seller may assign the Agreement at its sole discretion without prior notice to, or consent of, the Buyer. 33.Modification: No provision, term or clause of the Agreement shall be revised, modified, amended or waived, except by an instrument in writing signed by the Buyer and Seller. 34.Rights of Others: The Agreement does not create any rights, claims or benefits inuring to any person or entity, other than Seller’s successors and/or assigns, that is not a party to the Agreement, nor does it create or establish any third party beneficiary to the Agreement. 35.Counterparts: The Agreement may not be executed in any number of counterparts and each such counterpart shall be deemed to be an original, but all of which, when taken together, shall constitute one agreement. 36.Headings: The titles to the sections and headings of various paragraphs of the Agreement are placed for convenience of reference only and, in case of conflict, the text of the Agreement, rather than such titles or headings, shall control. 37.Gender: Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall be deemed to include the plural of such nouns or pronouns, and pronouns of one gender shall be deemed to include the equivalent pronoun of the other gender. 38.Force Majeure: Except as provided in Section 27 to this Addendum, no party shall be responsible for delays or failure of performance resulting from acts of God, riots, acts of war, epidemics, power failures, earthquakes or other disasters, providing such delay or failure of performance could not have been prevented by reasonable precautions and cannot reasonably be circumvented by such party through use of alternate sources, workaround plans, or other means. 39.Attorney Review: The Buyer acknowledges that Buyer has had the opportunity to consult with its legal counsel regarding the Agreement and that, accordingly, the terms of the Agreement are not to be construed against any party because that party drafted the Agreement or constructed in favor of any Party because that Party failed to understand the legal effect of the provisions of the Agreement. 40.Notices: Any notices or other documents required to be given or delivered under the Agreement shall be deemed to have been delivered when actually received in the case of hand or overnight delivery, or five (5) calendar days after mailing by first class mail, postage paid, or by fax with confirmation of transmission to the numbers below. All notices to the Seller will be deemed sent or delivered to the Seller when sent or delivered to Seller’s listing broker or agent or Seller’s attorney, at the address or fax number shown below. 41.Dispute Resolution: At the request of either party, any dispute arising under this Agreement shall be submitted to mediation before resort to arbitration or court action. Mediation fees shall be divided equally and each party shall bear his or its own attorney’s fees and costs. Neither party may require binding arbitration prior to commencement of court action, although the parties may mutually agree to such arbitration. 42.Entire Agreement: The Agreement, including the disclosure of information on lead based paint and/or lead based paint hazards or the Seller Disclosure and Release Addendum or other disclosure forms or notices required by law, constitutes the entire agreement between the Buyer and the Seller concerning the subject matter hereof and supercedes all previous communications, understandings, representations, warranties, covenants or agreements, either written or oral and there are no oral or other written agreements between the Buyer and the Seller. No oral promises, representations (expressed or implied), warranties or agreements made by the Seller and/or brokers or any person acting on behalf of the Seller shall be deemed valid or binding upon the Seller, unless expressly included in the Agreement. All negotiations are merged into the Agreement. The Seller is not obligated by any other written or oral statements or statements of financial terms made by the Seller, the Seller’s representatives, or any real estate licensee. 43.Corporate Approval: The Agreement is subject to Carrington Mortgage Services, LLC and or Investor approval. Approval is deemed by Seller’s signature on the Agreement. 44.Seller contribution to close: The sale is contingent upon closing without the need for Seller to deposit funds to close. If funds are required, Seller may terminate this Agreement without liability or obligation to Buyer. 45.Time is of the Essence:It is agreed that time is of the essence with respect to all dates specified in the Agreement and any addenda, riders or amendments hereto. This means that all deadlines are intended to be strict and absolute. EQUATOR PROPRIETARY, CONFIDENTIAL AND TRADE SECRET INFORMATION. This document contains proprietary and confidential information that is legally privileged.Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Equator in writing is STRICTLY PROHIBITED. This document additionally contains protected trade secret information of Equator. For additional information, please contact Equator by e-mail at info@equator.com or by telephone at (310) 469-950.© 2010, Equator, LLC. All Rights Reserved. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 44 BUYER (Initials) SELLER (Initials) In all other respects, the Contract remains in full force and effect and unchanged. IN WITNESS WHEREOF, the Buyer and Seller have entered into this Addendum as of the Effective Date. BUYER(S): SELLER: Signature: Carrington Mortgage Services, LLC Date: Carrington Mortgage Services, LLC, As Agent in Fact for: Print Name: Signature: By: Date: Title: Print Name: Date: BUYER’S AGENT SELLER’S AGENT Name: Name: Address: Address: Telephone: Telephone: Fax: Fax: BUYER’S CLOSING AGENT SELLER’S CLOSING AGENT Name: Name: Address:Address: : Telephone: Telephone: Fax: Fax: EQUATOR PROPRIETARY, CONFIDENTIAL AND TRADE SECRET INFORMATION. This document contains proprietary and confidential information that is legally privileged.Any disclosure, copying, distribution or use of any of the information contained herein that is not expressly permitted by Equator in writing is STRICTLY PROHIBITED. This document additionally contains protected trade secret information of Equator. For additional information, please contact Equator by e-mail at info@equator.com or by telephone at (310) 469-950.© 2010, Equator, LLC. All Rights Reserved. SonsallaSarah TBDTBD 470 U.S. Bank Plaza 200 South 6th Street Minneapolis MN 55402 TBD TBD TBD TBD 612-337-9284 612-337-9310 612-821-7500 612-821-7500 MARIBEL GARCIA 1350 Lagoon Avenue 900 Hennepin County Minneapolis MN 55408 6128217500 Keller Williams integrity 6127675851 TBD TBD TBD St Louis Park MN 55416 6128217500 TBD 612-767-5851 Kennedy Graven EDA Attorney TBD Anne Mavity Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 45 REVISED ADDENDUM “B” TO REAL ESTATE PURCHASE AGREEMENT NOTICE REGARDING SELECTION OF ESCROW AGENT AND/OR TITLE INSURANCE SERVICES Version 1.0 Page 1 of 1 10/06/16 I/We, the undersigned Buyer/s, understand that I/we have the right to make an independent selection of a qualified escrow company and/or title insurance company to conduct the closing of and obtain title insurance in connection with the sale of the subject property. If I/we choose my/our own escrow company and/or title insurance company, I/we agree to pay for all of the title insurance, closing costs, and fees for both Buyer and Seller in connection with the sale of the subject property, including seller representation/settlement fee paid to sellers settlement company to assist seller with the closing . The seller’s closing fee is $450. If I/we choose not to make a selection, I /we agree to allow the Seller to select the escrow company and title insurance company for me/us: provided that Seller will pay the cost of the Owner’s Title Insurance Policy, and Buyer pay for their respective escrow and/or title insurance closing costs as indicated on the HUD-1 Settlement Statement. Indicate Selection Below by having all buyers initial the appropriate line: Initial Here: ________ I/We elect to have the seller choose a qualified escrow company and/or title insurance company in connection with the sale of the subject property; provided that Seller will pay the cost of the Owner’s Title Insurance Policy, and Buyer and Seller will each pay for their respective escrow and/or title insurance closing costs as indicated on the HUD-1 Settlement Statement. Initial Here: ________ I/We elect to choose a qualified escrow company and/or title insurance company in connection with the sale of the subject property. I/We agree to pay for all of the title insurance and closing costs and fees for both Buyer and Seller in connection with the sale of the subject property. Below is the name of the escrow company and/or title insurance company. By initialing this line you agree to pay the seller’s closing fee of $450. Name of Escrow/Title Company: Address: Contact Name: Phone Number: ACKNOWLEDGED AND AGREED UPON BY BUYER(S): Buyer Signature Date Buyer Signature Date Print Name Print Name ACKNOWLEDGED AND AGREED UPON BY SELLER: CARRINGTON MORTGAGE SERVICES LLC, as Attorney-In-Fact Date Print Name Anne Mavity Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 46 © 2017 Altisource. All rights reserved. AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT To: Consumer From: Altisource Portfolio Solutions S.A. and its affiliates (collectively, “Altisource”) In connection with the purchase, sale, financing or refinancing of your property, you may obtain certain settlement services, including for mortgage origination, closing, title insurance, real estate brokering and other services. This is to give you notice that all of the companies listed in the chart below (each a “Service Provider” and collectively, the “Service Providers”) have business relationships with each other and with Altisource. Service Provider Settlement Service Premium Title Services, Inc. (d/b/a Premium Title Agency Services (for New York ), d/b/a Premium Conveyance Services, Inc. (for New Jersey) and d/b/a PTS- Pennsylvania, Inc. (for Pennsylvania)) (“PTS”) Title Insurance and Closing Services Premium Title Agency, Inc. (“PTA”) Title Insurance and Closing Services PTS-Texas Title, Inc. (“PTT”) Title Insurance and Closing Services Premium Title Insurance Agency-UT, Inc. (“PTU”) Title Insurance and Closing Services Premium Title of California, Inc. (“PTC”) Title Insurance and Closing Services Premium Title Services – Indiana, Inc. (“PTS-Indiana”) Title Insurance and Closing Services Premium Title Services – MN, Inc. (“PTS-MN”) Title Insurance and Closing Services Premium Title Services – MO, Inc. (“PTS-MO”) Title Insurance and Closing Services Premium Title Services – VA, Inc. (“PTS-VA”) Title Insurance and Closing Services CastleLine Risk and Insurance Services, LLC (“CastleLine”) Property and Casualty Insurance Services Springhouse, LLC d/b/a Springhouse Appraisal and Review Services (for New Hampshire), d/b/a Springhouse Appraisal Management Company, LLC (for New Mexico) and d/b/a Springhouse Appraisal Management (for various states) (“Springhouse”) Appraisal Services Altisource Fulfillment Operations, Inc. and Altisource Fulfillment Operations, Inc. d/b/a Owners.com Loans (“AFO”) Mortgage Brokering Services Altisource Online Auction, Inc. d/b/a Hubzu (for various states) (“AOA”) Auction Services REALHome Services and Solutions, Inc. d/b/a Owners.com (“Owners.com”) Real Estate Brokerage Services Investability Real Estate, Inc. (“Investability”) Real Estate Brokerage Services Because of these relationships, referrals to any of the Service Providers may provide the referring company and Altisource with a financial or other benefit. Set forth below is the estimated charge or range of charges for the services listed. You are NOT required to use any of the Service Providers as a condition for the purchase, sale, financing or refinancing of the subject property or to obtain access to any settlement service. Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 47 © 2017 Altisource. All rights reserved. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Service Provider Settlement Service Charge or Range of Charges PTS, PTA, PTT, PTC, PTU, PTS- Indiana, PTS- MN, PTS-MO, PTS-VA Lender’s Policy Lender’s Policy (NY only) Owner’s Policy Owner’s Policy (NY only) Escrow Fee or Settlement Fee Settlement Fee (NY only) Title Search and Examination Services Document Preparation Overnight Delivery Fee E-Document Fee HOA Document Retrieval Sub-escrow Fee Manufactured Housing Excess Disbursement (over 5) Tax Certificate Charge Loan Tie-in Charge From $1.00 per $1,000 of loan amount up to (loan amount - $100,000) x .00554 + $875 $2.07 - $7.92 per $1,000 of loan amount From $1.40 per $1,000 of sales price up to (sales price - $100,000) x .00554 + $875 $2.07 - $7.92 per $1,000 of sales price $0 - $3,000 $350 - $2,150 $0 - $600 $50 $0 - $60 $50, if applicable $50, if applicable $125, if applicable $350, if applicable $15, if applicable $35, if applicable $150, if applicable CastleLine Referral to insurance underwriters for property and casualty insurance 5% - 15% of property and casualty insurance premium Springhouse Appraisal $100 - $500 AFO Loan Origination Processing 0.0% - 3.0% of loan amount $0 - $750 AOA Technology Fee Buyer’s Premium $299 The greater of $625 and 4.5% of the buyer’s selected bid amount Owners.com Broker’s commission Professional listing package 3% of sales price 1% - 1.5% of sales price Investability Broker’s commission The greater of $2,500 and 1% - 3% of sales price Additional disclosures for consumers located in the State of New York: Altisource is not required to refer a specified amount of title insurance business to PTS and PTS does not pay any money or other thing of value to Altisource in connection with this transaction. Altisource is not the sole source of business for PTS and PTS has significant and multiple sources of business. Acknowledgment: I/We have read this disclosure form and understand that a Service Provider is referring me/us to purchase any or all of the above-described settlement services, and may receive a financial or other benefit as the result of this referral. Name: ____________________________________________________ Date: _____________________ Name: ____________________________________________________ Date: _____________________ Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 48 ABA—AAPDF0916 Page 1 of 2 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: ________________ To: ______________________________________________________ From: Carrington Document Services, LLC Carrington Foreclosure Services, LLC Carrington Real Estate Services (CA), Inc. Carrington Real Estate Services (CT), LLC Carrington Real Estate Services (US), LLC Carrington Mortgage Services, LLC Carrington Property Services, Inc. (d/b/a Azure Home in California) Carrington Property Services, LLC Carrington Escrow, Inc. Carrington Insurance Agency, LLC Carrington Title Services, LLC (d/b/a Carrington Settlement Services in Pennsylvania) Collectively referred to herein as “Carrington” Subject Property: ____________________________________________ ____________________________________________ Thank you for choosing Carrington to assist you in the purchase, sale, settlement and/or financing of your home or other property. This is to give you notice that each of the Carrington companies above has a business relationship with each of the real estate settlement service providers listed below. All Carrington companies are affiliates of, or otherwise related to, the same corporate parent company, Carrington Holding Company, LLC. Because of this relationship, the referral of business to any of the following affiliated entities may provide them with a financial or other benefit. Set forth below are the estimated charges or range of charges for the following settlement services listed. You are NOT required to use the listed service provider(s) as a condition for settlement of your loan on, or purchase, sale or refinance of the subject property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATES FOR THESE SERVICES. 5639 MINNETONKA BLVD, ST LOUIS PARK, MN 55416 St. Louis Park Economic Development Authority (EDA) 11/16/17 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 49 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT ABA—AAPDF0916 Page 2 of 2 Entity Description Estimate or Range of Charges Generally Made by Service Provider1 Carrington Mortgage Services, LLC, Mortgage Lending provides mortgage and correspondent lending. Call (888) 267-8889 for more information. Loan Origination Fee Loan Discount fee/points2 Processing Fee Underwriting Fee (if applicable) 0 – 3% of loan amount 0 – 3% of loan amount $495 – $695 $525 – $800 Carrington Escrow, Inc. is a duly licensed Escrow Agent holding California Department of Business Oversight Escrow License No. 963- 2585. Carrington Escrow, Inc. provides escrow services solely for California transactions. Call (949) 517-6900 for more information. Escrow Fee Loan Tie-in Fee (if applicable) $1.95 per thousand + $195.00 Base ($750.00 minimum, each side) $250.00 Carrington Title Services, LLC (d/b/a Carrington Settlement Services in Pennsylvania) provides closing coordination services outside of California. Call (888) 835-7402 for more information. Settlement Fee $250.00 to $750.00 Carrington Real Estate Services (CA), Inc.; Carrington Real Estate Services (CT), LLC; Carrington Real Estate Services (US), LLC; and Carrington Property Services, Inc. (d/b/a Azure Home) provide real estate brokerage services. Call (949) 517-6800 for more information. Real Estate Broker Fee 0 – 6% of purchase price ACKNOWLEDGEMENT OF RECEIPT OF AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE I/We have received and read this disclosure form and understand that the applicable Carrington company is referring me/us to purchase the above-described settlement service(s) and may receive a financial or other benefit as a result of this referral. ______________________________ ___________ ______________________________ ___________ Signature Date Signature Date ______________________________ ______________________________ Print Name Print Name 1 Actual charges may vary according to the particular circumstances underlying the transaction. Rates may not be the lowest available and are subject to change. For a free, no obligation quote, please contact the company directly. 2 The loan discount fee/points are affected by the note rate. Depending upon market conditions, the loan discount fee/points may be higher to adjust for below-market rates. St. Louis Park Economic Development Authority (EDA) Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 50 DISCLOSURE STATEMENT: SELLER’S DISCLOSURE ALTERNATIVES This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2013 Minnesota Association of REALTORS®, Edina, MN 1. Date 2. Page 1 of pages: RECORDS AND 3. REPORTS, IF ANY, ARE ATTACHED HERETO AND 4. MADE A PART HEREOF 5. Property located at , 6. City of , County of , State of Minnesota. 7.NOTICE: Sellers of residential property, with limited exceptions, are obligated to satisfy the requirements of MN Statutes 8. 513.52 through 513.60. To comply with the statute, Seller must provide either a written disclosure to the 9.prospective Buyer (see Seller’s Property Disclosure Statement) or satisfy one of the following two options. 10. Disclosures made herein, if any, are not a warranty or guarantee of any kind by Seller or licensee(s) representing or 11. assisting any party in this transaction and are not a substitute for any inspections or warranties the party(ies) may wish 12. to obtain. 13.(Select one option only.) 14.1)QUALIFIED THIRD-PARTY INSPECTION: Seller shall provide to prospective Buyer a written report that 15. discloses material information relating to the real property that has been prepared by a qualified third party. 16. Qualified ̀ third par ty´ means a federal, state or local governmental agency, or any person whom Seller or 17. prospective Buyer reasonably believes has the expertise necessary to meet the industry standards of practice 18. for the type of inspection or investigation that has been conducted by the third party in order to prepare the 19. written report. 20.Seller shall disclose to prospective Buyer material facts known by Seller that contradict any information 21.that is included in a written report, or material facts known by Seller that are not included in the 22.report. 23. The inspection report was prepared by 24. , 25. and dated , 20 . 26. Seller discloses to Buyer the following material facts known by Seller that contradict any information included 27. in the above referenced inspection report. 28. 29. 30. 31. Seller discloses to Buyer the following material facts known by Seller that are not included in the above 32. referenced inspection report. 33. 34. 35. 36.2)WAIVER: The written disclosure required may be waived if Seller and prospective Buyer agree in writing. Seller 37. and Buyer hereby waive the written disclosure required under MN Statutes 513.52 through 513.60. 38.NOTE: If both Seller and prospective Buyer agree, in writing, to waive the written disclosure required under 39. MN Statutes 513.52 through 513.60, Seller is not obligated to disclose ANY material facts of which Seller 40. is aware that could adversely and significantly affect the Buyer¶s use or enMoyment of the property or any 41. intended use of the property, other than those disclosure requirements created by any other law. Seller is 42. not obligated to update Buyer on any changes made to material facts of which Seller is aware that could 43. adversely and significantly affect the Buyer¶s use or enMoyment of the property or any intended use of the 44. property that occur, other than those disclosure requirements created by any other law. 45.Waiver of the disclosure required under MN Statutes 513.52 through 513.60 does not waive, limit or 46.abridge any obligation for Seller disclosure created by any other law. MN:DS:SDA-1 (12/13) HENNEPINST LOUIS PARK 5639 MINNETONKA BLVD 11/16/17 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 51 DISCLOSURE STATEMENT: SELLER’S DISCLOSURE ALTERNATIVES 47. Page 2 48. Property located at . 49.OTHER REQUIRED DISCLOSURES: 50.NOTE:In addition to electing one of the above alternatives to the material fact disclosure, Minnesota law also 51.requires sellers to provide other disclosures to prospective buyers, such as those disclosures listed below. 52.Additionally, there may be other required disclosures by federal, state, local or other governmental entities 53.that are not listed below. 54.A. SUBSURFACE SEWAGE TREATMENT SYSTEM DISCLOSURE: (A subsurface sewage treatment system 55. disclosure is required by MN Statute 115.55.) (Check appropriate box.) 56. Seller certifies that Seller DOES DOES NOT know of a subsurface sewage treatment system on or serving ---------------(Check one.)-------------- 57. the above-described real property. (If answer is DOES, and the system does not require a state permit, see 58.Subsurface Sewage Treatment System Disclosure Statement.) 59.There is a subsurface sewage treatment system on or serving the above-described real property. 60.(See Subsurface Sewage Treatment System Disclosure Statement.) 61.There is an abandoned subsurface sewage treatment system on the above-described real property. 62.(See Subsurface Sewage Treatment System Disclosure Statement.) 63.B. PRIVATE WELL DISCLOSURE: (A well disclosure and Certificate are required by MN Statute 103I.235.) 64.(Check appropriate box.) 65.Seller certifies that Seller does not know of any wells on the above-described real property. 66.Seller certifies there are one or more wells located on the above-described real property. 67.(See Well Disclosure Statement.) 68. Are there any wells serving the above-described property that are not located on the property" Yes No 69. Contaminated Well: Is there a well on or serving the property that contains contaminated water" Yes No 70. To your knowledge, is the property in a Special Well Construction Area" Yes No 71. Comments: 72. 73. 74.C. VALUATION EXCLUSION DISCLOSURE: (Required by MN Statute 273.11, Subd. 16) 75. There IS IS NOT an exclusion from market value for home improvements on this property. Any valuation ---------(Check one.)-------- 76. exclusion shall terminate upon sale of the property, and the property¶s estimated market value for property tax purposes 77. shall increase. If a valuation exclusion exists, Buyers are encouraged to look into the resulting tax 78. consequences. 79. Additional comments: 80. 81. 82.D. METHAMPHETAMINE PRODUCTION DISCLOSURE: 83. (A methamphetamine production disclosure is required by MN Statute 152.0275, Subd. 2 (m).) 84.Seller is not aware of any methamphetamine production that has occurred on the property. 85.Seller is aware that methamphetamine production has occurred on the property. 86.(See Methamphetamine Production Disclosure Statement.) MN:DS:SDA-2 (12/13) 5639 MINNETONKA BLVD, ST LOUIS PARK, MN 55416 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 52 DISCLOSURE STATEMENT: SELLER’S DISCLOSURE ALTERNATIVES 87. Page 3 88. Property located at . 89.E. RADON DISCLOSURE: 90. (The following Seller disclosure satisfies MN Statute 144.496.) 91.RADON WARNING STATEMENT: The Minnesota Department of Health strongly recommends that ALL 92. homebuyers have an indoor radon test performed prior to purchase or taking occupancy, and recommends having 93. the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can easily 94. be reduced by a qualified, certified, or licensed, if applicable, radon mitigator. 95. Every buyer of any interest in residential real property is notified that the property may present exposure to 96. dangerous levels of indoor radon gas that may place occupants at risk of developing radon-induced lung cancer. 97. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading 98. cause overall. The seller of any interest in residential real property is required to provide the buyer with any 99. information on radon test results of the dwelling. 100.RADON IN REAL ESTATE: By signing this Statement, Buyer hereby acknowledges receipt of the Minnesota 101. Department of Health’s publication entitled Radon in Real Estate Transactions, which can be found at 102. www.health.state.mn.us/divs/eh/indoorair/radon/rnrealestateweb.pdf. 103. A seller who fails to disclose the information required under MN Statute 144.496, and is aware of material facts 104. pertaining to radon concentrations in the property, is liable to the Buyer. A buyer who is injured by a violation of MN 105. Statute 144.496 may bring a civil action and recover damages and receive other equitable relief as determined by 106. the court. Any such action must be commenced within two years after the date on which the buyer closed the 107. purchase or transfer of the real property. 108.SELLER’S REPRESENTATIONS: The following are representations made by Seller to the extent of Seller’s actual 109. knowledge. 110. (a) Radon test(s) HAVE HAVE NOT occurred on the property. -------------(Check one.)---------------- 111. (b) Describe any known radon concentrations, mitigation, or remediation. NOTE: Seller shall attach the most 112.current records and reports pertaining to radon concentration within the dwelling: 113. 114. 115. 116. (c) There IS IS NOT a radon mitigation system currently installed on the property. -------(Check one.)-------- 117.If “IS,” Seller shall disclose, if known, information regarding the radon mitigation system, including system 118.description and documentation. 119. 120. 121. 122.F. NOTICE REGARDING AIRPORT ZONING REGULATIONS: The property may be in or near an airport safety zone 123. with zoning regulations adopted by the governing body that may affect the property. Such zoning regulations are 124. filed with the county recorder in each county where the zoned area is located. If you would like to determine if such 125. zoning regulations affect the property, you should contact the county recorder where the zoned area is located. 126.G. NOTICE REGARDING CARBON MONOXIDE DETECTORS: 127. MN Statute 299F.51 requires Carbon Monoxide Detectors to be located within ten (10) feet from all sleeping 128. rooms. Carbon Monoxide Detectors may or may not be personal property and may or may not be included in the 129. sale of the home. MN:DS:SDA-3 (12/13) 5639 MINNETONKA BLVD, ST LOUIS PARK, MN 55416 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 53 DISCLOSURE STATEMENT: SELLER’S DISCLOSURE ALTERNATIVES 130. Page 4 131. Property located at . 132.H. WATER INTRUSION AND MOLD GROWTH: Recent studies have shown that various forms of water intrusion 133. affect many homes. Water intrusion may occur from exterior moisture entering the home and/or interior moisture 134. leaving the home. 135. Examples of exterior moisture sources may be .03+ s IMPROPER mASHING AROUND WINDOWS AND DOORS) .04+ s IMPROPER Go^afkd) .05+ s ãllafkd) .06+ s ROOF LEAKS+ 140. Examples of interior moisture sources may be .1.+ s PLUMBING LEAKS) .1/+ s CONDENSATION CAUSED BY INDOOR HUMIDITY THAT IS TOO HIGH OR SURFACES THAT ARE TOO COLD .10+ s l sboãlW FROM TUBS SINKS OR TOILETS) .11+ s äobt OOD STORED INDOORS) .12+ s HUMIDIlER USE) .13+ s INADEQUATE VENTING OF KITCHEN AND BATH HUMIDITY) .14+ s IMPROPER VENTING OF CLOTHES DRvER EXHAUST OUTDOORS INCLUDING ELECTRICAL DRvbop&) .15+ s ifkb*aoYING LAUNDRY INDOORS) .16+ s elrpbmi^kqp¶t ^qboING THEM CAN GENERATE LARGE AMOUNTS OF MOISTURE+ 150. In addition to the possible structural damage water intrusion may do to the property, water intrusion may also result 151. in the growth of mold, mildew and other fungi. Mold growth may also cause structural damage to the property. 152. Therefore, it is very important to detect and remediate water intrusion problems. 153. Fungi are present everywhere in our environment, both indoors and outdoors. Many molds are beneficial to humans. 154. However, molds have the ability to produce mycotoxins that may have a potential to cause serious health problems, 155. particularly in some immunocompromised individuals and people who have asthma or allergies to mold. 156. To complicate matters, mold growth is often difficult to detect, as it frequently grows within the wall structure. If you 157. have a concern about water intrusion or the resulting mold/mildew/fungi growth, you may want to consider having 158. the property inspected for moisture problems before entering into a purchase agreement or as a condition of your 159. purchase agreement. Such an analysis is particularly advisable if you observe staining or any musty odors on the 160. property. 161. For additional information about water intrusion, indoor air quality, moisture or mold issues, please view the 162. Minnesota Association of REALTORS ® Desktop Reference Guide at www.mnrealtor.com. 163.I. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory 164.offender registry and persons registered with the predatory offender registry under MN Statute 243.166 165.may be obtained by contacting the local law enforcement offices in the community where the property is 166.located or the Minnesota Department of Corrections at (651) 361-7200, or from the Department of Corrections 167.web site at www.corr.state.mn.us. MN:DS:SDA-4 (12/13) 5639 MINNETONKA BLVD, ST LOUIS PARK, MN 55416 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 54 DISCLOSURE STATEMENT: SELLER’S DISCLOSURE ALTERNATIVES 168. Page 5 169. Property located at . 170.J. SELLER’S STATEMENT: 171.(To be signed at time of listing.) 172. Seller(s) hereby authorizes any licensee(s) representing or assisting any party(ies) in this transaction to provide 173. a copy of this Disclosure Statement to any person or entity in connection with any actual or anticipated sale of the 174. property. A seller may provide this Disclosure Statement to a real estate licensee representing or assisting a 175. prospective buyer. The Disclosure Statement provided to the real estate licensee representing or assisting a 176. prospective buyer is considered to have been provided to the prospective buyer. If this Disclosure Statement is 177. provided to the real estate licensee representing or assisting the prospective buyer, the real estate licensee must 178. provide a copy to the prospective buyer. 179.QUALIFIED THIRD-PARTY INSPECTION: If Seller has made a disclosure under the Qualified Third-Party 180. Inspection, Seller is obligated to disclose to Buyer in writing of any new or changed information of which Seller 181. is aware that could adversely and significantly affect the Buyer’s use or enjoyment of the property or any intended 182. use of the property that occur up to the time of closing. To disclose new or changed facts, please use the Amendment 183.to Disclosure Statement form. 184.WAIVER: If Seller and Buyer agree to waive the seller disclosure requirement, Seller is NOT obligated to disclose 185. and will NOT disclose any new or changed information regarding material facts. 186.OTHER REQUIRED DISCLOSURES (Sections A-E): Whether Seller has elected a Qualified-Third Party Inspection 187. or Waiver, Seller is obligated to notify Buyer, in writing, of any new or changed information regarding Other Required 188. Disclosures up to the time of closing. To disclose new or changed facts, please use the Amendment to Seller’s 189.Disclosure form. 190. (Seller)(Date)(Seller)(Date) 191.K. BUYER’S ACKNOWLEDGEMENT: 192.(To be signed at time of purchase agreement.) 193. I/We, the Buyer(s) of the property, acknowledge receipt of this Seller’s Disclosure Alternatives form and agree to 194. the seller’s disclosure option selected in this form. I/We further agree that no representations regarding material 195. facts have been made, other than those made in this form. 196. (Buyer)(Date)(Buyer)(Date) 197.LISTING BROKER AND LICENSEES MAKE NO REPRESENTATIONS HEREIN AND ARE 198.NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING ON THE PROPERTY. MN:DS:SDA-5 (12/13) 5639 MINNETONKA BLVD, ST LOUIS PARK, MN 55416 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 55 Disclosure Requirements Effective January 1, 2014, the Minnesota Radon Awareness Act requires specific disclosure and education be provided to potential home buyers during residential real estate transactions in Minnesota. This publication is being provided by the seller in order to meet a requirement of the Act. In addition, before signing a purchase agreement to sell or transfer residential real property, the seller shall disclose in writing to the buyer any knowledge the seller has of radon concentrations in the dwelling. The disclosure shall include: 1. whether a radon test or tests have occurred on the property; 2. the most current records and reports pertaining to radon concentrations within the dwelling; 3. a description of any radon concentrations, mitigation, or remediation; 4. information regarding the radon mitigation system, including system description and documentation, if such system has been installed in the dwelling; and 5. a radon warning statement Radon Warning Statement “The Minnesota Department of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy, and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, if applicable, radon mitigator. Every buyer of any interest in residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon- induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause overall. The seller of any interest in residential real property is required to provide the buyer with any information on radon test results of the dwelling.” How dangerous is radon? Radon is the number one cause of lung cancer in non-smokers and the second leading cause of lung cancer overall, next to tobacco smoking. Thankfully, much of this risk can be prevented through testing and taking action to reduce high levels of radon gas when and where they are found. Your risk for lung cancer increases with higher levels of radon gas, prolonged exposure and whether or not you are a smoker. Where is your greatest exposure to radon? Radon is present everywhere, and there is no known safe level. Your greatest exposure is where it can concentrate indoors and where you spend most of your time. For most Minnesotans, this is at home. Whether a home is old or new, well-sealed or drafty, with or without a basement, any home can have high levels of radon. Where does Radon come from? Radon comes from the soil. It is produced by the natural decay of uranium and radium commonly found in nearly all soils in Minnesota. As a gas, radon moves freely through the soil and eventually into the air you breathe. Our homes tend to draw soil gases, including radon, into the structure. I have a new home, aren’t radon levels reduced already? Homes built in Minnesota since June 2009 are required to contain construction features that may limit radon entry. These features are known as passive Radon Resistant New Construction (RRNC). While these passive RRNC features may lower the amount of radon in newer homes, it does not guarantee low levels. It is recommended all new homes be tested for radon, and if elevated levels are found, these passive RRNC features can be easily and inexpensively activated with the addition of a radon fan in the attic. If you are buying a new home, ask if the home has any RRNC features and if the home has been tested. What is the recommended action based on my results? If the average radon in the home is at or above 4.0 pCi/L, the house should be fixed. Consider fixing the home if radon levels are between 2 pCi/L and 3.9 pCi/L. While it isn’t possible to reduce radon to zero, the best approach is to reduce the radon levels to as low as reasonably achievable. Any amount of radon, even below the recommended action level, carries some risk. All Minnesota homes can have dangerous levels of radon gas in them. Radon is a colorless, odorless and tasteless radioactive gas that can seep into homes from the earth. When inhaled, its radioactive particles can damage the cells that line the lungs. Long-term exposure to radon can lead to lung cancer. About 21,000 lung cancer deaths each year in the United States are caused by radon, making it a serious health concern for all Minnesotans. It does not matUer if the home is old or new and the only way to know how much radon gas has entered the home is to conduct a radon test. MDH estimates 2 in 5 homes built before 2010 and 1 in 5 homes built since 2010 exceed the 4.0 pCi/L action level. In Minnesota, buyers and sellers in a real estate transaction are free to negotiate radon testing and reduction. Ultimately, it is up to the buyer to decide an acceptable level of radon risk in the home. Prospective buyers should keep in mind that it is inexpensive and easy to measure radon, and radon levels can be lowered at a reasonable cost. The MDH Radon Program website provides more detailed information on radon, including the MDH brochure “Keeping Your Home Safe from Radon.” The Minnesota Radon Awareness Act does not require radon testing or mitigation. However, many relocation companies and lending institutions, as well as home buyers, require a radon test when purchasing a house. The purpose of this publication is to educate and inform potential home buyers of the risks PG radon exposure and how to test for and reduce radon as part of real estate transactions. Radon in Real Estate Transactions Radon Facts DocuSign Envelope ID: FADF9746-8037-479B-AB9B-FE62D9E45874 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 56 Lowering radon in existing homes – Radon Mitigation When elevated levels of radon are found, they should be mitigated. Elevated radon concentrations can be easily reduced by a nationally certified and MDHlisted radon mitigation professional. A list of these radon mitigation professionals can be found at MDH’s Radon web site. Radon mitigation is the process or system used to reduce radon concentrations in the breathing zones of occupied buildings. The goal of a radon mitigation system is to reduce the indoor radon levels to below the EPA action level of 4.0 pCi/L. A quality radon reduction (mitigation) system is often able to reduce the annual average radon level to below 2.0 pCi/L Active sub-slab suction (also called sub-slab depressurization, or SSD) is the most common and usually the most reliable type of system because it draws radon-filled air from beneath the house and vents it outside. There are standards of practice that need to be followed for the installation of these systems. More information on radon mitigation can be found at the MDH Radon website. After a radon reduction system is installed Perform an independent short-term test to ensure that the reduction system is effective. Make sure the radon system is operating during the entire test. Once a confirmatory radon test shows low levels of radon in the home, be sure to retest the house every two years to confirm continued radon reduction. Who should conduct radon testing in real estate transactions? All radon tests should be conducted in accordance with national radon measurement protocols, by a certified and MDHlisted professional. This ensures the test was conducted properly, in the correct location and under appropriate building conditions. A list of these radon measurement professionals can be found at MDH’s Radon web site. A seller may have previously conducted testing in a property. If the test result is at or above the action level the home should be mitigated. How are radon tests conducted in real estate transactions? Because of the unique nature of real estate transactions, involving multiple parties and financial interests, there are special protocols for radon testing. Continuous Radon Monitor (CRM) Fastest Sequential Short-Term Testing Slowest Simultaneous Short-term Testing Second fastest Test is completed by a certified contractor with a calibrated CRM for a minimum of 48 hours. Test report is analyzed to ensure that it is a valid test. Two short-term test kits are used at the same time, placed 6-12 inches apart, for a mini- mum of 48 hours. Test kits are sent to the lab for analysis. The two test results are averaged to get the radon level. One short-term test is performed for a minimum of 48 hours. Test kit is sent to lab for analysis. Another short-term kit is used in the same place as the first, started right after the first test is taken down. Test is performed for a minimum of 48 hours. Test kit is sent to the lab for analysis. The two test results are averaged to get the radon level. Email: health.indoorair@state.mn.us Web: www.health.state.mn.us/radon 10/2013 IC# 141-3722 House conditions when testing Be aware that any test lasting less than three months requires closed-house conditions. Closed-house $onditions:.ean keeping all windows and doors closed, except for normal entry and exit. Before Testing: Begin closed-house conditions at least 12 hours before the start of the radon test. During Testing:Maintain closed-house conditions during the entire duration of the short term test. Operate home heating or cooling systems normally during the test. Where the test should be conducted Any radon test conducted for a real estate transaction needs to be placed in the lowest livable area of the home suitable for occupancy. In Minnesota, this is typically in the basement, whether it is finished or unfinished. The test kit should be placed: • two to six feet above the floor • at least three feet from exterior walls • four inches away from other objects • in a location where it won’t be disturbed • not in enclosed areas • not in areas of high heat or humidity If the house has multiple foundation types, it is recommended that each of these be tested. For instance, if the house has one or more of the following foundation types--basement, crawl space, slab-on- grade--a test should be performed in the basement and in at least one room over the crawlspace and one room with a slab-on-grade area. Contact the MDH Radon Program if you are uncertain about anything regarding radon testing or mitigation. The MDH Radon Program can provide: • Information about radon health effects, radon testing and radon mitigation; • Names of trained, certified and MDHlisted radon professionals; Sub-Slab Suction fan sump suction pipes penetrate beneath slab sealant seal floor & wall cracks radon Radon Mitigation Radon Testing MDH Radon Program 625 Robert St N P.O. Box 64975 St. Paul, MN 55164-0975 (651) 201-4601 1(800) 798-9050 DocuSign Envelope ID: FADF9746-8037-479B-AB9B-FE62D9E45874 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 57 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 58 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 59 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 60 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 61 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 62 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 63 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 64 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 65 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 66 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 67 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 68 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 69 Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka BoulevardPage 70 AMENDMENT TO PSA – MULITPLE CHANGES Seller: CARRINGTON MORTGAGE SERVICES, LLC Buyer: ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY Property: The real property, improvements, appurtenances and hereditaments located at 5639 MINNETONKA BLVD, ST. LOUIS PARK, MN 55416 Seller Property ID. No: 7000159818 Buyer and Seller acknowledge and mutually agree to amend the Purchase and Sale Agreement as follows: 1)The buyer opts to use the seller’s preferred closing office and title provider: Carrington Title Services, LLC 6200 Tennyson Pkwy, Ste 110 Plano, TX 75024 (888) 375-1517 Altisource@CarringtonTSS.com 2)The buyer is not represented by an agent for this transaction Buyer: Signature: _____________________Date________________ Name Printed: ____________________________ Title: ____________________________________ Seller’s Authorized Representative: Signature: _____________________Date________________ Name Printed: ____________________________ Anne Mavity Economic Development Authority Meeting of December 4, 2017 (Item No. 7b) Title: Purchase Agreement for 5639 Minnetonka Boulevard Page 71 Meeting: City Council Meeting Date: December 4, 2017 Presentation: 2a EXECUTIVE SUMMARY TITLE: Recognition of Donations RECOMMENDED ACTION: Mayor to announce and express thanks and appreciation for the following donations being accepted at the meeting and listed on the Consent Agenda: From Amount For St. Louis Park Golden Kiwanis $100 Westwood Hills Nature Center Halloween Party Cub Scout Pack 460 Grandparents $100 Westwood Hills Nature Center Park Enhancements & Programs Leslie Marcus $100 Westwood Hills Nature Center Park Enhancements & Programs Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: December 4, 2017 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA NOVEMBER 6, 2017 1. Call to Order Mayor Spano called the meeting to order at 8:05 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Anne Mavity, Thom Miller, and Susan Sanger. Councilmembers absent: Gregg Lindberg. Staff present: Deputy City Manager/Human Resources Director (Ms. Deno), Community Development Director (Ms. Barton), Principal Planner (Ms. McMonigal), Public Works Services Manager (Mr. Merkley), Operations & Recreation Director (Ms. Walsh), Economic Development Coordinator (Mr. Hunt), Associate Planner (Ms. Kramer), City Attorney (Mr. Mattick), and Recording Secretary (Ms. Pappas). Guests: Members of the Vision 3.0 Steering Committee: Justin Grays, Lynette Dumalag, and Lisa Genis 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Small Business Saturday Proclamation Mayor Spano noted that this is an annual initiative encouraging customers to patronize local small businesses. He read a proclamation stating that Small Business Saturday will be held on the Saturday after Thanksgiving, to celebrate, recognize, and support small businesses and all they contribute to the St. Louis Park community. 2b. Recognition of Donations Mayor Spano thanked Park Coin for their $250 donation for Fire Prevention Programs and equipment. 3. Approval of Minutes 3a. City Council Special Study Session Minutes September 18, 2017 It was moved by Councilmember Sanger, seconded by Councilmember Hallfin, to approve the September 18, 2017 Meeting Minutes as presented. The motion passed 6-0 (Councilmember Lindberg absent). City Council Meeting of December 4, 2017 (Item No. 3a) Page 2 Title: City Council Meeting Minutes of November 6, 2017 3b. City Council Study Session Minutes September 25, 2017 Councilmember Miller noted in the 5th paragraph of page 14, should read “…step toward equity.” Councilmember Sanger noted on page 6, in the 3rd line from the top, it should read “…and to network with property owners who may have such properties for sale.” It was moved by Councilmember Hallfin, seconded by Councilmember Miller, to approve the September 25, 2017 Study Session Meeting Minutes as amended. The motion passed 6-0 (Councilmember Lindberg absent). 3c. City Council Special Study Session Minutes October 2, 2017 Councilmember Sanger noted on bottom of page 2, it should read “…hearing on potential to ban the sale of tobacco products on November 20th.” It was moved by Councilmember Hallfin, seconded by Councilmember Mavity, to approve the October 2, 2017 Special Study Session Meeting Minutes as amended. The motion passed 6-0 (Councilmember Lindberg absent). 3d. City Council Minutes October 2, 2017 Councilmember Brausen noted on page 7, item 9, should read “Each city will take the study options back to their councils and determine if they will sign on to support a recommendation that generally represents a consensus of the study participants, something St. Louis Park has already done. Highway 55 bus rapid transit locations with hub stations to be studied and the constructions of the Minnesota Pass Lane.” It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to approve the October 2, 2017 City Council Meeting Minutes as amended. The motion passed 6-0 (Councilmember Lindberg absent). 3e. City Council Study Session Minutes October 9, 2017 It was moved by Councilmember Mavity, seconded by Councilmember Hallfin, to approve the October 9, 2017 Study Session Meeting Minutes as presented. The motion passed 6-0 (Councilmember Lindberg absent). 3f. Special Study Session City Council Minutes October 16, 2017 It was moved by Councilmember Miller, seconded by Councilmember Mavity, to approve the October 16, 2017 Special Study Session Meeting Minutes as presented. The motion passed 6-0 (Councilmember Lindberg absent). City Council Meeting of December 4, 2017 (Item No. 3a) Page 3 Title: City Council Meeting Minutes of November 6, 2017 3g. City Council Minutes October 16, 2017 It was moved by Councilmember Mavity, seconded by Councilmember Miller, to approve the October 16, 2017 City Council Meeting Minutes as presented. The motion passed 6-0 (Councilmember Lindberg absent). 3h. Study Session City Council Minutes October 23, 2017 It was moved by Councilmember Hallfin, seconded by Councilmember Sanger, to approve the October 23, 2017 Study Session Meeting Minutes as presented. The motion passed 6-0 (Councilmember Lindberg absent). 4. Approval of Agenda and Items on Consent Calendar 4a. Accept for filing EDA Disbursement Claims for the period of September 23, through October 27, 2017. 4b. Approve second reading and Adopt Ordinance No. 2526-17 establishing fees for 2018 as outlined in Appendix A of the City Code of Ordinances; and to approve the summary ordinance for publication. 4c. Adopt Resolution No. 17-164 authorizing installation of “2-hour parking between 6 a.m. – 7 p.m.” on the sides of the street directly adjacent to the 4800 Excelsior Boulevard development. 4d. Adopt Resolution No. 17-165 accepting work and authorizing final payment in the amount of $14,786.23 for the annual Sanitary Sewer Mainline Rehabilitation Project with Insituform Technologies USA, LLC - Project No. 4014-3000, City Contract No. 31-17. 4e. Adopt Resolution No. 17-166 accepting work and authorizing final payment in the amount of $17,200.61 for the annual Sealcoat Project with Allied Blacktop Company - Project No. 4017-1200, City Contract No. 62-17. 4f. Adopt Resolution No. 17-167 authorizing the submission of a Hennepin County Youth Sports Grant application in the amount of $400,000 to help with funding the construction of two fastpitch softball fields at Aquila Park. 4g. Adopt Resolution No. 17-168 approving entering into a contract w/ Redpath & Company, LTD for 2017 - 2021 audit services. 4h. Adopt Resolution No. 17-169 accepting $250 donation from Park Coin for Fire Prevention Programs and Equipment. 4i. Adopt Resolution No. 17-170 authorizing the special assessment for the repair of the sewer service line at 3116 Salem Avenue South, St. Louis Park, MN P.I.D. 06- 028-24-22-0054. 4j. Adopt Resolution No. 17-171 amending and restating Resolution 17-080 adopted on May 1, 2017. 4k. Approve out-of-state travel to Washington D.C. for Mayor Spano on November 7th and 8th as part of a contingent of community and business leaders to advocate for transit development in the Twin Cities region. 4l. Approve out-of-state travel for Mayor Spano, Councilmember Brausen and Councilmember Hallfin for the National League of Cities (NLC) City Summit in Charlotte, SC. 4m. Approve for filing Planning Commission Meeting Minutes of October 4, 2017. City Council Meeting of December 4, 2017 (Item No. 3a) Page 4 Title: City Council Meeting Minutes of November 6, 2017 It was moved by Councilmember Miller, seconded by Councilmember Hallfin to approve the Agenda and items listed on the Consent Calendar and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Lindberg absent). 5. Boards and Commissions 5a. Approve Appointment of Youth Representative to Environment & Sustainability Commission Councilmember Brausen stated that he has met Lukas Wrede, who has been an intern with the SEEDs program and is very involved in environmental initiatives within the schools and community. He added that Lukas will be a very good addition to the commission. Councilmember Miller concurred, adding that Lukas is also a member of the Roots and Shoots group. Mayor Spano agreed with comments made by Councilmembers Brausen and Miller, noting that Lukas will be a great youth member of the commission. It was moved by Councilmember Miller, seconded by Councilmember Brausen, to approve the appointment of Lukas Wrede to the Environment and Sustainability Commission for the current term ending August 31, 2018. The motion passed 6-0 (Councilmember Lindberg absent). 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Consulting Services for Fastpitch Softball Fields at Aquila Park. Ms. Walsh presented the staff report and stated at the study session on October 9, 2017 council directed staff to pursue Option 1C for Aquila Park, which would reorient and create two fastpitch softball fields. Staff has been working with Candace Amberg, Landscape Architect from WSB, on field layouts and cost estimates. In Option 1C, fields four and one would be unavailable throughout construction. The high school girls’ fastpitch team and the girls’ fastpitch association will have to find alternative sites for their 2018/19 seasons. As with the other options, the city’s adult softball program would also be permanently impacted. Councilmember Miller stated that he is happy to have arrived at a solution on this issue, which will bring gender equity to our fastpitch program. He thanked the Parks and Recreation Advisory Commission, city staff, and his fellow council members for their support on this really sensible solution. He also thanked all those involved, including the girls and their families in the fastpitch program. City Council Meeting of December 4, 2017 (Item No. 3a) Page 5 Title: City Council Meeting Minutes of November 6, 2017 Councilmember Brausen stated that there was a fair amount of discussion over the past 18 months on this project, adding that he has had frequent discussions with citizens in his ward; with parents with daughters involved in the sport; and with seniors, who look at all expenditures and worry about their steadily increasing taxes. He added that he feels in the budgeting process the council have been good stewards of the city’s money - maintaining quality services and an outstanding staff, while preserving and replacing aging infrastructure, and expanding community amenities, when possible. Councilmember Brausen added that the advocacy done on behalf of girls’ fastpitch has been tremendous. The request for facility growth is reasonable and understandable. He is totally supportive of this project. He stated that people have pointed out that other sports have facilities in place, and this sport merits facility, as well. Councilmember Brausen noted that the council has studied this need with the task force and found that the existing facilities were adequate for present needs and future growth, though not as nicely equipped or conveniently located for optimal use, including hosting tournaments. He added that the council wanted to make a commitment to upgrade the fields and had directed staff to look at reasonable options for enhancing and expanding the fields at Aquila Park. He stated that the council reviewed three options. Option 1 was $750,000 and included moving an adult softball field. Option 2 is in front of the council tonight, which is the $1.2 million proposal and reorients and upgrades two fields. There is also Option 3 at $2.4 million, which would create 4 pinwheels at Aquila. Councilmember Brausen added that these three proposals were sent to the Park and Recreation Advisory Commission for a recommendation, and they recommended Option 1 - the $750,000 option that entails an upgrade of our existing field and substantial amenities, such as new turf, dugouts and scoreboards. He stated that he understands the association and some other council members have framed this as a gender equity issue, but added that it is an issue of responsible stewardship of tax dollars. He stated that he was at a food forum recently to discuss families who do not have enough food to eat because of low income and the demands on that income for housing and transportation, which is becoming a growing situation in St. Louis Park. He stated that it made him aware how many demands we make on our city’s tax dollars. He said that before we commit to spending $400,000 more than needed, he would ask his fellow council members to consider reducing the amount spent to upgrade the fields. He stated that he will vote against this resolution and recommended voting for Option 1 instead. Councilmember Sanger stated that she will vote in favor of this project in order to be good stewards of the city’s dollars. She added from her perspective, it is foolish to build the less expensive fields first and then have to rip them up and start over again. For that reason and for the gender equity issue, she is supporting this proposal. Councilmember Brausen added that he does believe the city is being responsible with the investment; however, the potential growth of this sport remains unknown. He added that there was a task force involved in this project. The council tasks their commissions for recommendations on projects such as this, and now the council is ignoring their recommendations. Mayor Spano stated there has been lots of conversation and discussion about this, and the vote tonight is about the contract approval for Option 1C. It was moved by Councilmember Miller, seconded by Councilmember Mavity, to authorize entering into a contract with WSB & Associates to provide for design and construction City Council Meeting of December 4, 2017 (Item No. 3a) Page 6 Title: City Council Meeting Minutes of November 6, 2017 administration services for two fastpitch softball fields at Aquila Park, also known as Option 1C. The motion passed 5-1 (Councilmember Brausen opposed, Councilmember Lindberg absent). 8b. Water Treatment Plan No. 4. Conditional Use Permit with Variance. Resolution No. 17-172 Ms. Kramer presented the staff report. She noted that the city-owned well house at 4701 West 41st Street has been off-line since December, 2016, pending improvements to the plan. The St. Louis Park Engineering Department requests approval of a conditional use permit and variance to make exterior improvements to the water treatment facility. These improvements will include the installation of a remote radiator and screening wall on the east side of the building in order to re-open the facility and improve water treatment capacity. The city previously approved a Special Use Permit and two setback variances for this facility in 1991. A CUP is required for a public services facility in an R1 district, and a variance is requested to reduce the front setback from 30 feet to 15 feet to allow construction of mechanical equipment and a screening wall on the east side of the building. It was moved by Councilmember Hallfin, seconded by Councilmember Sanger, to adopt Resolution No. 17-172 rescinding Resolution No. 91-50, and granting a conditional use permit (CUP) with variance for the construction of mechanical equipment and screening wall at Water Treatment Plan No. 4, with the conditions recommended by the Planning Commission. The motion passed 6-0 (Councilmember Lindberg absent). 8c. Solid Waste Collection Contracts – Authorization to Issue a Request for Proposals. Mr. Merkley presented the report. He stated that the current 2013-2018 solid waste collection contracts expire September 30, 2018, and staff is preparing the Request for Proposals (RFP) document for the upcoming five years, based on input received from the City Council during the May 22 and September 11, 2017 study session discussions and feedback obtained from residents through a survey conducted July, 2017. Councilmember Mavity noted the solid waste goal that the city provides incentives to residents for recycling in order to reduce garbage going to the burner and to landfills, and that it is a clear message from council that they support recycling. Councilmember Mavity also shared a question raised at the Elmwood Neighborhood meeting regarding if garbage charges could be based on cart weight versus cart size, as is the current practice. Councilmember Sanger asked how staff decides which haulers are qualified to receive the city’s RFP. Mr. Merkley stated that staff is expanding the pool and looking at haulers that are large enough to accommodate our city’s needs. He added that reference checks are done on all haulers, noting also that staff has a good idea of which haulers are qualified to handle our city’s level of service needs. City Council Meeting of December 4, 2017 (Item No. 3a) Page 7 Title: City Council Meeting Minutes of November 6, 2017 Councilmember Brausen asked if staff advertises for bids. Mr. Merkley stated no, as this is not a competitive bid process, and the city selects the haulers who will receive the RFP. Councilmember Mavity asked if there are any women or minority-owned businesses in the process. Mr. Merkley stated that he was not aware of any women-owned hauling companies, but added that staff would check on it. Councilmember Brausen stated that this process has been helpful, adding that the council does care about this process. He also encouraged residents to increase their recycling as much as they can. Councilmember Sanger stated that she is the only councilmember who was on the council the last time the hauler was changed, adding that it was not a smooth transition process at that time. She asked if in the RFP, the city can ask for a transition plan, so there are no issues, as there were in the past. Mayor Spano noted that this is one of the core functions of city government, and the council does get excited about organics collection, trash, and the services provided by the city. He stated that staff does a phenomenal job and handles all issues very well, adding that he is excited to see how the city will reduce its carbon footprint. It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to authorize staff to issue a Request for Proposals for 2018-2023 Solid Waste Collection Services. The motion passed 6-0 (Councilmember Lindberg absent). 8d. Vision 3.0 Report and Recommendations Ms. McMonigal offered the final vision report - A Place for all People - stating that over 1,500 people from the community were involved in the public engagement process. She stated that the report includes five recommendations: 1. Develop Creative Housing Solutions 2. Develop Future-focused Transit and Mobility 3. Continue to Lead in Environmental Stewardship and Ensure Access to Green Space for Future Generations 4. Prepare our Next Generation 5. Commit to Being a Leader in Racial Equity and Inclusion Ms. McMonigal added that this information will be used within the 2040 Comprehensive Plan and other city initiatives. Mayor Spano thanked members of the Steering Committee, who represent all of the community members who were involved in this very important process. He thanked them for volunteering their time. Councilmember Mavity stated that the council would love to hear from the Steering Committee members present this evening and asked if there were any top takeaways in the process. City Council Meeting of December 4, 2017 (Item No. 3a) Page 8 Title: City Council Meeting Minutes of November 6, 2017 Ms. Genis stated that the steering committee was a great experience because she was able to work with people from various neighborhoods and felt privileged to meet others that she may not have otherwise. She stated that she worked with the chalkboards and the library. Community members from kids to grandparents did a great job. Ms. Dumalag stated that the process was great. While there was a difference of opinions in some groups, it got people thinking a lot about what is possible for the city. She added it was a great framework for asking intentional questions. They reached a higher number of people of color through this process. Mr. Grays stated that most of the meetings he attended and facilitated had persons of color in attendance, and most of those meetings had more disconnected words related to Figure 5 of the report. He added that while the demographics of the city are changing, and we are making efforts to be inclusive, it is not yet happening. He stated that he wants to make sure the council is aware and open to changes that are coming and hoping this vision will actually come to pass. Mayor Spano added that direction was given to the steering committee to reach out to people of color and indigenous communities, as their comments were not reflected in prior year’s documents. He acknowledged that there is work to be done here, especially with 42% of residents of color saying that they are lonely and feel isolated. Mayor Spano added that later this month, he and several council members will be going to the National League of Cities as representatives of St. Louis Park. The Mayor will be presenting the importance of the city’s work on race equity. He stated that he will want to take the Vision 3.0 data with him as part of this discussion and to point out why this is important as it relates to the city’s values, direction, and the city’s past. Councilmember Brausen stated that this is a great report, and asked how soon it will be available for all to view. Ms. McMonigal stated that the draft report is online now, and copies can also be made for distribution. She added that there will be a community evaluation, wrap-up, and thank you session scheduled for January, 2018. It was moved by Councilmember Brausen, seconded by Councilmember Miller, to accept the Vision 3.0 report: A Place for All People. The motion passed 6-0 (Councilmember Lindberg absent). 8e. 2018 Employer Benefits Contribution. Resolution No. 17-173 Ms. Deno noted details in the agenda packet for the city’s benefits planned for 2018 and staff’s recommendations for setting the employer contribution for 2018. She stated that the major component is health insurance, and there will be a 9% increase with the HealthPartners plan. The city will be staying with Delta Dental, although their rates went up 8%. We will be required to bid for health insurance for the next year. Funding levels have been set using the same formula as in past years and based on the 2500 deductible plan, where individual employees are fully covered with some funds remaining for purchase of additional benefits. Those selecting employee plus child, spouse or family will receive some additional funding to help with the cost of the premium. She noted that the resolution before the council is for approval at all different levels for both full and part- time employees, as well as for the city manager. City Council Meeting of December 4, 2017 (Item No. 3a) Page 9 Title: City Council Meeting Minutes of November 6, 2017 Ms. Deno stated that the additional cost of this recommendation is estimated to be $195,600 over 2017 amounts and is slightly less than what was budgeted for 2018. She stated that the premiums have been lower for many years and now are at the same levels as other cities. St. Louis Park benefits are very good compared to market, with some unique enhancements based on the plan selected. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to adopt Resolution No. 17-173 establishing the 2018 employer benefits contribution. The motion passed 6-0 (Councilmember Lindberg absent). 9. Communications – Written Report 9a. 2040 Comprehensive Plan Update Mayor Spano stated tomorrow is Election Day and encouraged all to get out and vote. Councilmember Hallfin added there are also levies to be voted on related to the school district, adding that he will vote yes on both initiatives. He said good luck to all candidates, both incumbents and challengers, adding that it takes a lot to put yourself out there. 10. Adjournment The meeting adjourned at 9:00 p.m. ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor Meeting: City Council Meeting Date: December 4, 2017 Minutes: 3b UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA NOVEMBER 13, 2017 The meeting convened at 6:25 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, and Gregg Lindberg. Councilmembers absent: Anne Mavity, Thom Miller, Susan Sanger. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Human Resources Director (Ms. Deno), Chief Financial Officer (Mr. Simon), and Recording Secretary (Ms. Pappas). Guests: Rachel Harris, Margaret Rog, Rick Speckmann, MRA Corporation 1. Future Study Session Agenda Planning – November 20 & 27, 2017 Mr. Harmening presented the proposed Study Session agenda for November 20 and 27, 2017. He noted that on November 20, there will be an update on the Walker Building, adding that STEP has an interest in becoming a tenant in the building, along with the historical society and possibly the NEST. Councilmember Hallfin confirmed that this was discussed at the last STEP board meeting, and it is a good time to further discuss this issue with the council at the study session. Mayor Spano requested bringing back for discussion the limiting of off-sale liquor licenses in St. Louis Park. He noted that he would like to discuss this issue before the end of the year and also revisit the topic in 2018 with the new city councilmembers. 2. City Manager 2017 Performance Evaluation Mr. Harmening proposed using an instrument called the Checkpoint 360 Degree Feedback System for his 2017 evaluation. He noted that it was last used in 2008 for the city manager’s evaluation. Mr. Speckmann, Senior Business Advisor and consultant from MRA, will collect the data and facilitate the discussion to review feedback and set goals for 2018. Mr. Speckmann stated that there are 70 questions on the evaluation, which will address 8 core competencies and also subset points. He added that Mr. Harmening will complete a self-review, and a review will also be completed by the Mayor and councilmembers and by his direct reports - all directors. All responses are anonymous and are compiled by supervisors (Mayor and councilmembers) and by direct reports (directors). There is also space provided for written comments. It was the consensus of the council to pursue the Checkpoint 360 Degree Feedback System for Mr. Harmening’s 2017 performance evaluation. City Council Meeting of December 4, 2017 (Item No. 3b) Page 2 Title: Study Session Minutes of November 13, 2017 3. 2018 Budget Update Mr. Harmening provided an update on the 2018 budget and current tax levy. He stated that December 4 will be the truth in taxation hearing with the council on the 2018 levy and budget. The preliminary levy was set for 5.35% higher than the final 2017 levy, and current updates bring it down to 4.90%. Mr. Simon noted that staff worked to incorporate revenue adjustments and expenditure assumptions, where appropriate, which resulted in bringing the necessary levy adjustment down to approximately 4.90%. Mr. Simon also proposed that the council programs line item of $198,000 be included as a budget line-item in the general fund. He also noted it would be a transparent method of tracking and is a better long-term approach. Councilmember Hallfin stated this plan looks good and makes sense. Councilmember Lindberg stated that he was very pleased with this plan and thanked staff for their fiscally responsible work. Councilmember Brausen added that he was also pleased with the 4.9% levy increase. Mayor Spano noted that he is fine with this levy, also. He asked about the school levies that just passed and when these increases will begin for taxpayers. 4. On-Sale Liquor Establishments – Special 4 AM Closing Permit During Super Bowl Ms. Deno stated that the city is considering later closing hours to 4 a.m. for existing on-sale liquor license establishments from February 2-5, 2018. She added that in October, an email was sent to all 22 St. Louis Park current on-sale intoxicating license holders regarding their potential interest in obtaining a special extended hours permit. Of these, 6 indicated that they would have an interest in obtaining a permit for extended hours during the Super Bowl, and 5 of the 6 are located in the West End. Mr. Harmening added that the council will need to adopt a resolution framing this. Councilmember Brausen stated that he is supportive of this option. Councilmember Lindberg asked if the city will add additional police patrols during this time. Mr. Harmening stated yes - not because of the extended on-sale liquor hours, but because of the Super Bowl event in Minneapolis. Mayor Spano stated that for the establishments that are in residential areas, he would like to discuss with Chief Harcey what can be done to raise awareness with bar owners about the potential of more noise and cars in the area during this timeframe. Mr. Harmening stated this can be done for the establishments as part of the permitting process. Councilmember Brausen stated that he would be interested in a follow-up report of any disturbances or complaints that occur during that timeframe Mayor Spano added that while he wants folks to have a good time, he also wants to be sure the establishments adjacent to multi-family neighborhoods understand they will need to be good stewards. City Council Meeting of December 4, 2017 (Item No. 3b) Page 3 Title: Study Session Minutes of November 13, 2017 4. 2018 City Council Workshop Mr. Harmening stated with the 2 new councilmembers, there will be a new City Council, beginning in January, 2018. He noted that on Friday of the workshop, the council will have deep conversations and discuss policies, especially after having just completed the Visioning 3.0 process. He added that the council will look at where they have been since 1995 and where they are today, and allow time for everyone to share what is important to them for the future of the city. Mr. Harmening added that later, the council will converge on a set of priorities that will make up goals for the city. Staff is proposing to utilize consultants Bridget Gothberg and Mary Lou Rice as facilitators of the workshop. A follow up meeting will take place in February or March, 2018. Mr. Harmening stated that a sub-committee of the council is needed to do advance work on the agenda for the workshop. He also noted that there will be some reading required of all council members prior to the workshop. Councilmembers Hallfin and Brausen volunteered for the subcommittee. Mayor Spano suggested that Councilmember Mavity also be included; however, if she is unable to participate, the Mayor stated that he will work with the group in her place. Mr. Harmening stated that the sub-committee could have two meetings prior to the retreat and one afterwards. The following written reports were brought forward for discussion: 5. Metropolitan Airports Commission (MAC) Open House Presentation Summary Mayor Spano stated that he attended the MAC presentation, and noted that there is much frustration with airplane noise in the community. MAC stated they are not able to address residents’ concerns about the noise at this time, due to FAA regulations. He added that some people noted that while MAC is not able to do anything about the noise at this time, they have stepped up their efforts to be more engaged with the community, which was appreciated. 6. Proposed Property Acquisition – 5639 Minnetonka Boulevard Councilmember Brausen stated that he hopes the city will consider looking at senior affordable housing for this location, and he hopes also to learn how other communities are utilizing tiny houses. Mayor Spano added that Kansas City is doing a lot of work with tiny houses for homeless veterans. Communications/Updates Mr. Harmening noted that he and Mr. Simon will be doing their first Facebook live event regarding the budget on Tuesday, November 14, at 12 noon. He encouraged questions from the community. The meeting adjourned at 7:10 p.m. ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor Meeting: City Council Meeting Date: December 4, 2017 Minutes: 3c UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION ST. LOUIS PARK, MINNESOTA NOVEMBER 20, 2017 The meeting convened at 6:08 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Thom Miller, and Susan Sanger. Staff present: City Manager (Mr. Harmening), Economic Development Coordinator (Mr. Hunt), Director of Community Development (Ms. Barton), Planning/Zoning Supervisor (Ms. McMonigal), Asst. Zoning Administrator (Mr. Morrison), and Recording Secretary (Ms. Pappas). Guest: Derek Burrows Reise, STEP Executive Director, and STEP staff members 1. Developer for SWLRT Beltline Blvd Station Redevelopment Site Mr. Hunt stated that the Request for Proposal (RFP) for the SWLRT Beltline Boulevard Station Redevelopment Site (located at the southeast quadrant of CSAH 25 and Beltline Boulevard) was distributed to the development community in July. Three development teams - Kraus Anderson, Flaherty & Collins, and Sherman Associates - submitted proposals. Staff evaluated and scored the proposals according to the criteria outlined in the RFP. Staff determined that Sherman Associates’ proposal most closely aligned with the city’s vision, development objectives, and preferred programming for the site, and staff is recommending Sherman Associates be selected as the development team with which the EDA should partner to redevelop the SWLRT Beltline Boulevard Station Site. Mr. Hunt noted that the Sherman proposal was more detailed than the others, and more thought went into their proposal. He stated that staff liked the mix of uses proposed with 20% affordable housing at 50% AMI. He added that Sherman Associates took the office component seriously and is excited about the office space component, noting that job creation was one of the important objectives for redeveloping this site. Mr. Hunt stated that Sherman offered a modest amount of neighborhood commercial and is willing to propose more retail, adding that the proposed types of retail were unique for the area. Mr. Hunt stated that Sherman Associates also offered more for the land than the other developers and included numerous sustainable features, such as a solar garden in Carver County that would supply clean energy to the redevelopment, which meets the city’s net-zero energy goals. He noted that Sherman is a Minneapolis-based, fully integrated development company, with a substantial portfolio of completed projects and a good reputation, as well as a tremendous track record of successful mixed use and affordable housing development. Mr. Harmening stated that staff recommends entering into a preliminary development agreement with Sherman Associates. He stated this would be an agreement where the city agrees to work cooperatively with the developer toward a final development agreement. Ms. Barton noted the preliminary agreement includes milestones, also. Councilmember Sanger asked if staff is looking for feedback from the council on whether or not to work with Sherman or if they are looking for feedback on the details of the proposal. City Council Meeting of December 4, 2017 (Item No. 3c) Page 2 Title: Special Study Session Minutes of November 20, 2017 Mr. Hunt stated staff is looking for council’s feedback on the developer, adding the specifications of the proposed project can be modified to the council’s preferences at a later date. Mr. Harmening added that staff is asking council to give feedback as to whether the Sherman proposal meets the requirements of the RFP and if staff should move forward in preparing a preliminary development agreement with the developer. Councilmember Mavity thanked staff for that clarification, adding she has lots of opinions on this area and is not happy about the pedestrian experience in this area. Councilmember Mavity stated that George Sherman sits on her board, so she will recuse herself on any more discussion on this topic. Councilmember Sanger stated she is not happy with the high-level plan included in the packet and the parking ramp being on the right side of the street. She recalled that they had discussed the ramp was to be hidden behind the development. Councilmember Sanger stated she also has concerns on the TIF costs and feels like they are not getting the whole story on finances. Mr. Hunt stated that the specifics on exact financing will depend on the project ultimately proposed, adding that, of the three proposals, Sherman Associates demonstrated the best grasp of financing needed for the project. However, staff will need to work closely with the developer on financing. Councilmember Brausen asked if the project will have federal funding to support the parking structure. Mr. Hunt stated that is correct. Councilmember Hallfin stated that he is fine with the Sherman proposal and moving forward with them. He asked for the EDA portion of the cost of the parcel in the future, and which part of those funds would go to the city. Mr. Hunt stated that the EDA would enter into a purchase agreement where the developer would purchase the land from the EDA. Councilmember Hallfin noted that when the EDA decided to purchase this property, it hoped to make a profit on the land. He added that in the future he would like to see the financials related to this purchase. Councilmember Miller stated he is not comfortable going ahead with Sherman Associates and would also like to look at Kraus Anderson. He added that there is not enough information from staff to just decide on Sherman, stating that Kraus Anderson provides more retail than Sherman in the proposal. He is thinking about the community that surrounds this development. Councilmember Miller added that he would also like to see more three-bedroom apartments, noting that residents want larger apartments. He asked about the deadline on this project, adding that he would like to see more public process at this time rather than farther down the line. Councilmember Mavity stated that for the past 8 years she has been on the council, the public process related to this project has been extensive, with much vetting. She stated that there will be more opportunities for public input as this project continues; however, she wanted to acknowledge the enormous public process that had already occurred. Councilmember Lindberg stated that he is confident and comfortable with Sherman and Associates, also noting that the public process around this project has been robust. He thanked staff for their work, stated he has the utmost confidence in them, and is happy to move forward. Councilmember Sanger added that if Sherman is willing to expand retail space, it makes sense to her to include a daycare center in the project, as well. She further stated that there is no need for another grocery store here. She would also encourage more 2-3-bedroom units and affordable units. City Council Meeting of December 4, 2017 (Item No. 3c) Page 3 Title: Special Study Session Minutes of November 20, 2017 Councilmember Brausen stated that he is comfortable moving ahead with Sherman, as well, and likes the mix of affordable units. He added that he likes the office space and the sustainability piece, also adding that he would be interested to see if the developer would dedicate some of the project to historical space, as well. Mayor Spano stated he likes what has been presented by Sherman Associates. He added that he would like to see something bold related to the Beltline Station area and would look for robust retail. He stated that this proposal captures the high-level strategy the council wants in this area and added that he does want there to be further discussion. Councilmember Brausen noted that while he is agreeable to moving forward with Sherman and Associates, he does agree with Councilmember Miller that in the future, he would like to see more detailed proposals from other developers. Ultimately, it was the consensus of the City Council/EDA to move ahead with a preliminary development agreement with Sherman Associates. Mr. Harmening stated that staff will move forward with the preliminary development agreement and invite the developer for further discussion with the council. 2. Walker Building and Historical Society Space Options Mr. Hunt stated the council had asked staff to explore potential options relative to how the Walker Building could be preserved through various ownership scenarios, as well as how the Historical Society’s space needs could be met. Mr. Hunt added that staff has met with the owner of the Walker Building and the Historical Society and has developed several potential options for the council to consider regarding the Historical Society’s space needs which include: • Monitor the sale of the property and work with the prospective buyer in some manner to see that the building’s historic character is maintained and, if possible, restored. • Provide an Annual Stipend to the Historical Society to offset its lease payments. • Provide the Historical Society with funds to acquire the Walker Building. • Purchase of the Walker Building by the EDA, subsequently leasing space to the Historical Society • Provide STEP with the funds to acquire the Walker Building and allow it to be the property owner and manager. Councilmember Miller thanked staff for these options. He added that he loves the idea of STEP owning and managing the building and that the city could make it possible. He would want to know STEP’s vision for the building, and if they would lease it to other organizations, how it could be written into an agreement. Councilmember Miller added that this would be a key component of a greater plan for the Historic Walker Lake District. Councilmember Brausen stated that he also liked the possibility of using the building in multiple capacities, although he is not sure the city should spend upwards of $1 million on the project, noting he feels it is worth about $600,000. He is leaning toward Option 1, but would need more information, adding that he would like to see a community listening session around this proposal. Councilmember Brausen also stated that he would like to see a real defined vision for this area before making a large commitment to the project. City Council Meeting of December 4, 2017 (Item No. 3c) Page 4 Title: Special Study Session Minutes of November 20, 2017 Councilmember Sanger added that she is very supportive of a plan where the city provides funds to STEP to purchase the building, adding that this makes more sense than the city owning it outright. Option 5 meets the goal for providing space for the Historical Society and also for STEP office space. She stated that she hopes there would be spaces for other non-profits groups in the building, which could be a benefit for the entire community. Councilmember Sanger noted there are state grants available to help address costs, and she would be in favor of moving forward to help STEP purchase the building. Councilmember Mavity stated that having STEP manage the building is an interesting idea. She is supportive in general; however, she noted that there will need to be more partners. She stated that the city does not need to provide the full purchase price, and she would look for a pro forma and much more due diligence on this before moving forward. Councilmember Mavity stated that this is a large cost for the city, and it causes her concern. Her suggestion was to learn how much could be leveraged from lenders and to compile more information on total costs for renovations and repair. She stated that this project is moving in the right direction; however, she is not ready to commit to it. Councilmember Lindberg agreed that the list price appeared too high on the building, adding that negotiation will be key. He likes the value and benefit of this being a centralized community space or hub. He added that we would need to consider next year’s budget, along with creative ideas for making funds available for the project. Mr. Harmening noted that the Development Fund would be the likely funding source to assist in STEP’s purchase of the building. Councilmember Lindberg stated that having heard this, the city should move forward with Option 5. Councilmember Hallfin stated that all of the options are good, and he likes the idea of the Historical Society finding a permanent home in an historic building. He added that the Historical Society gives value to the city and having STEP there would help the community in many ways. He stated he is on the STEP Board of Directors, and would need to recuse himself from the vote on this issue. Mayor Spano stated that he envisions the Walker Building as a place to house the Historical Society and to serve STEP’s needs. He added that this may also be a place for NEST, or a place for neighborhood leaders to meet. He is supportive of the city spending the money on this project; however, he noted that Councilmember Mavity does make a good point. His preference is Option 4, noting that he thinks this option has a bigger vision for the Walker Lake Area. Mr. Hunt noted that if the EDA purchased the property, and for whatever reason the existing tenants had to be relocated, it could potentially expose the EDA to relocation claims from those tenants, which could be very costly and in excess of $500,000. Councilmember Brausen stated that he would like to see a pro forma. He is not clear on STEP’s resources, or how they would handle being in the landlord business. Councilmember Sanger stated that she has concerns about the city being title holder and possible ramifications down the road, so she would like more staff input. She also asked about operating and remodeling costs and what types of grant money are available to help move the project forward. City Council Meeting of December 4, 2017 (Item No. 3c) Page 5 Title: Special Study Session Minutes of November 20, 2017 Councilmember Mavity stated that typically a signed purchase agreement is sufficient for getting a grant, adding that it could be worked out without a final purchase agreement. She stated that she absolutely supports city involvement but does not believe the city should have any legal ownership or landlord role here. Councilmember Lindberg agreed with Councilmember Mavity, adding that it makes sense for the city to grant STEP the money, but he hesitates to have the city take ownership of this building. Councilmember Miller stated that he would like to see the city purchase the building in order to get it off the market and then work out the details to sell it to STEP. Mayor Spano asked if there has been any type of arrangement like this in the past in St. Louis Park. Mr. Harmening and Mr. Hunt both stated no, they could not recall this having been done previously. Councilmember Sanger stated that she is not in favor of sitting on this unique opportunity and doing nothing at all. She stated that the process needs to start as soon as possible. Mayor Spano stated that if the council is serious about making this a historic district, it is about the people and not the building. He added that it will need to be moved to the top of the priority list for the council to discuss, and there will need to be a deeper conversation with STEP. Mr. Hunt noted that Mr. Reise, STEP Executive Director, was available at the meeting this evening to answer questions. Councilmember Sanger asked what the timeframe is on this project. Mr. Harmening stated that staff would come back to council on this after the first of the year. Mr. Reise stated that STEP needs leverage to get financing to purchase the building, adding that they are working to get a purchase agreement now with the owner. However, STEP needs the city’s financial backing for the purchase, and then STEP would also work to get grants. He added that before STEP can enter into a purchase agreement, they will need to know if the city is serious in financially supporting them. Mr. Curt Rahman, STEP Treasurer, stated that he told the STEP board not to purchase the building unless the city was involved. He added that there is much to consider in this project. The building is not perfect for STEP, but they can make it work Mayor Spano asked if STEP is able to meet with staff in the next 2-3 weeks to discuss this issue. Mr. Reise stated yes, adding that they are not looking for a funding commitment, but for consensus or understanding that the city is serious about option 5 as soon as possible. Councilmember Mavity urged staff to complete their due diligence and hoped there could be a 90- day period for the city to clarify costs and what is expected from the city as a piece of the funding options. Councilmember Brausen asked Mr. Reise if the city provided $600,000, if STEP would be able to get the additional funding. Mr. Reise stated that he would have to discuss that with the STEP board and get back to the city. City Council Meeting of December 4, 2017 (Item No. 3c) Page 6 Title: Special Study Session Minutes of November 20, 2017 It was the consensus of the City Council to have STEP discuss this further with staff and bring it back for further discussion before year end. The meeting adjourned at 7:45 p.m. Written Reports provided and documented for recording purposes only: 3. Solid Waste Ordinance Revision (Chapter 22) ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor Meeting: City Council Meeting Date: December 4, 2017 Minutes: 3d UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA NOVEMBER 20, 2017 1. Call to Order Mayor Spano called the meeting to order at 7:55 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Thom Miller, and Susan Sanger. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Economic Development Coordinator (Mr. Hunt), Principal Planner (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), and Recording Secretary (Ms. Pappas). Guests: Citizens concerned about flavored tobacco 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations – None 3. Approval of Minutes 3a. City Council Special Study Session Minutes November 13, 2017 It was moved by Councilmember Lindberg, seconded by Councilmember Brausen, to approve the November 13, 2017 Special Study Session meeting minutes as presented. The motion passed 7-0. 4. Approval of Agenda and Items on Consent Calendar 4a. Adopt Resolution No. 17-175 authorizing the award of the 2018 Arts and Culture Grants. 4b. Adopt Resolution No. 17-176 authorizing installation of parking restrictions on the north side of W. Lake Street between 5622 and 5624 W. Lake Street. 4c. Adopt Resolution No. 17-177 authorizing installation of permit parking restrictions in front of 2829 Louisiana Avenue South. 4d. Moved to 8b. 4e. Adopt Resolution No. 17-178 Authorizing Execution of a Renewed Lease with the State of Minnesota Department of Transportation (MnDOT) for Webster Park. City Council Meeting of December 4, 2017 (Item No. 3d) Page 2 Title: City Council Meeting Minutes of November 20, 2017 Mr. Harmening removed item 8b from the regular agenda as it no longer needed to be approved by council. Mayor Spano requested that Consent Calendar item 4d be moved and placed on the Regular Agenda as item 8b. It was moved by Councilmember Hallfin, seconded by Councilmember Brausen, to approve the Agenda and items listed on the Consent Calendar as amended, to remove Regular Agenda item 8b; to move Consent Calendar item 4d to the Regular Agenda as item 8b; and, to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Sale of Flavored Tobacco Products Mr. Hoffman presented the staff report. He noted that during the October 2, 2017, study session, the council discussed possible regulation of various flavored tobacco products and reviewed a draft ordinance as prepared by the City Attorney. Mr. Hoffman reminded those present that on October 1, 2017, the city ordinance prohibiting sales of tobacco products to anyone under the age of 21 went into effect. Regulating the sale of flavored tobacco products is another phase to reduce youth exposure and eliminate initial tobacco usage. Mr. Hoffman stated that the notice of the ordinance being considered was mailed to all tobacco license holders more than thirty days in advance, and informational meetings were offered by staff on October 25 and 26 to explain the proposed regulation and answer questions. He noted a representative of the Independent Vapor Retailers of Minnesota, was the only person who attended the meeting. If adopted, the ordinance prohibiting retail sales of all flavored tobacco products would be effective May 1, 2018. Councilmember Brausen asked if this ordinance passes constitutional approval. Mr. Mattick explained that the state allows city ordinances to be stricter than state statutes. The city has a strong basis for these types of ordinances, especially for public health reasons. Mayor Spano opened the public hearing. Gretchen Garmin, 525 Portland Avenue, Minneapolis, is a senior planning analyst with Hennepin County. She noted that public health workers focus on preventing death from tobacco and on stopping youth from starting to smoke. In 2016, youth smoking was down, but when flavored tobacco and e-cigs are included in the numbers, usage was up. All of these products contain nicotine and lead to further tobacco addiction. She stated that flavored tobacco is sold in bright colored packaging to attract youth to purchase tobacco products. Ms. Garmin stated that most flavored tobaccos are sold in convenience stores, where youth tend to shop. She stated that stopping these sales, plus restricting any tobacco sales to those under 21 years old, will help. She encouraged the council to vote in favor of the ordinance. Matt Flory, 3244 Edgewood Avenue South, stated that he works at the American Cancer Society. Every day his children watch school kids get off the bus and smoke in front of his home, so he appreciates the council’s work to raise the tobacco age to 21. However, he City Council Meeting of December 4, 2017 (Item No. 3d) Page 3 Title: City Council Meeting Minutes of November 20, 2017 noted that this is still a problem because fruity and candy flavored tobacco is appealing to kids. He thanked the council for being leaders in this issue and stated that he hopes St. Louis Park will be the first community in Minnesota to prohibit flavored tobacco. Richard Patterson, 4326 Wooddale Avenue, stated that he is a pediatric neuro-radiologist, and a St. Louis Park resident since 1989. He stated that he appreciates what the city has done to protect children from the hazards of smoking. He added medical literature on this issue is alarming, and while tobacco smoking continues to present a downward trend, the use of flavored tobacco is on the rise. He added that smoking causes narrowing of heart vessels, and it is much easier to not start smoking than to quit. Mr. Patterson asked the council to support the ordinance. Esther Tenler, 248 Queen Ave. South, Minneapolis, stated that she attends St. Louis Park High School; is president of the Feminism Club and of the Medical Club; and hopes to work in psychology someday. She stated that many kids in school use flavored tobacco products, adding that this can lead to life-long addiction. She thanked the council for their attention to this issue, adding that she is proud to be part of a community that takes it seriously. Kirsten Hanson, 4908 Arlington Drive, Minnetonka, stated that she has been a social worker at St. Louis Park High School for 21 years. She stated that students don’t realize that flavored tobacco contains nicotine. She added that in a community that puts children first, the council should support this ordinance. Dr. Melanie Lind Ayers, 4221 Princeton Avenue South, stated that she has been a physician at Park Nicollet for the past 7 years and has lived in St. Louis Park for 8 years. She noted that working for Park Nicollet and HealthPartners, she has devoted her life to the health of the community. She thanked the city and the council for doing all they do to encourage a healthy lifestyle. She stated that vaping and smoking can lead to dependency, chronic addiction, and numerous other health issues. She asked the council on behalf of Park Nicollet - the largest employer in the city – to make us proud and take steps to help youth by supporting this ordinance. Aton Weinstin, 2732 Montreal Avenue South, stated that he is a 10th grader at St Louis Park High School, with deep family roots in the city. He stated that many of his peers at school see smoking as a cool thing, and then they become hooked. He stated smoking can lead to health problems and nicotine addiction. He asked the council to vote in favor of the ordinance to make St. Louis Park healthier now and in the future. Laura Silberfarb, 2617 Natchez Avenue South, spoke with her daughter Gabriella and her daughter’s friend Dena. She thanked the council and Councilmember Sanger, who has led the way on this issue. She highlighted the fact that the surgeon general released a report on the effects of flavored tobacco and that nicotine creates addiction. She stated that removing flavored tobacco from stores also removes a powerful means of attracting kids. She noted that only 3 other cities in Minnesota have limited the sales of flavored tobacco - Minneapolis, St. Paul, and Shorewood. If the council passes this ordinance tonight, St. Louis Park will be the only city in the state to pass both ordinances. Ms. Silberfarb asked the council to vote in favor of the measure. Mayor Spano closed the public hearing. City Council Meeting of December 4, 2017 (Item No. 3d) Page 4 Title: City Council Meeting Minutes of November 20, 2017 Councilmember Sanger thanked all who attended and spoke in support of this ordinance. She also thanked those who sent emails and made phone calls. She stated that she brought up this issue over a year ago, with the goal of helping the public health of the younger population and the entire community. She added that flavored products appeal to young people and get them hooked, adding that she has not heard from one person who thinks this ordinance is not a good idea. She hopes that the council will pass this ordinance and send a message to other communities in Minnesota and elsewhere that they should do so, as well. Councilmember Miller thanked all for coming out and Councilmember Sanger for bringing this issue to the attention of the council. He noted that he did not realize this was an issue until Councilmember Sanger brought it forward, adding that he would like the council to vote to ban menthol products soon, also. Councilmember Brausen stated that he is in support of this ordinance and challenges the surrounding communities to pass similar ordinances, especially since people can drive to other communities to get these products. Councilmember Hallfin added he was the lone vote to not support the 21 and younger ordinance; however, he will support this ordinance. Councilmember Mavity thanked Councilmember Sanger, as well, and the community for their grassroots effort to bring this ordinance forward. She stated that she is sure shop owners will find other products to put on their shelves. Councilmember Lindberg added his thanks to the community for their support of this ordinance, adding that it is a Children First issue, and that is why he will support it. He noted that it makes a statement on St. Louis Park’s values. Mayor Spano stated that marketing of these products to kids is not a fair fight. Speaking as a former tobacco user, he empathizes with those who use these addictive products. He added that St. Louis Park’s initiatives are typically adopted by other cities, as well, so he is confident that banning flavored tobacco products will be pursued by other communities in the future. It was moved by Councilmember Sanger, seconded by Councilmember Miller, to approve first reading of an ordinance prohibiting the sale of flavored tobacco products and set second reading for December 4, 2017. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Zoning Ordinance Amendment to Allow a 3rd Shift in Industrial Districts Mr. Morrison presented the staff report. He stated that the applicant Lyman Lumber operates a building supply distribution center at the Westside Center located at 5320 23rd Street. The applicant would like to expand its operation by starting a third shift; however, City Council Meeting of December 4, 2017 (Item No. 3d) Page 5 Title: City Council Meeting Minutes of November 20, 2017 they are unable to do so according to the city’s zoning ordinance, which prohibits industrial uses from operating between 10 p.m. and 6 a.m., Monday through Saturday, when the industrial property is located adjacent to a residential property. Therefore, the applicant is requesting an amendment to the code to allow a third shift, with specific conditions listed in the proposed ordinance. Mr. Morrison continued that the applicant feels the third shift would not impact the residential property because all activities conducted during the third shift would be conducted indoors; shipping and receiving will not be permitted; equipment will not be permitted outdoors; and the building is located more than 300 feet from a residential property line. The proposed industrial activities and conditions of approval are discussed in the staff report. Mr. Morrison noted that a neighborhood meeting was conducted on October 4, 2017, and seven people attended. Those in attendance had a tour of the building, and it was confirmed that when the doors were closed, noise was not noticeable from outside the building. The Planning Commission recommends approval of the amendment. Mr. Morrison noted a comment given to staff by Councilmember Sanger regarding the condition restricting employee traffic. Her concern was that it could be interpreted to mean employees can operate vehicles during the restricted hours. Mr. Morrison presented an amended condition to clarify that no business related traffic can occur during the restricted hours. Councilmember Sanger thanked staff for working on this change to help tighten the ordinance, in light of neighbors contacting her. She stated that she approves of this amendment. Councilmember Lindberg asked if the only traffic during the third shift will be employees coming and going from work. Mr. Morrison stated yes. Councilmember Mavity asked for clarification on the area of the mini storage located north of Minikahda Oaks and the buffer there. Mr. Morrison stated that there is a narrow strip of land located along its northern property line that is outside the 300 foot buffer and is therefore eligible for a 3rd shift; however, it is so narrow that it is unlikely a business could operate in the space. Councilmember Mavity asked if this would allow a 3rd shift in the vicinity of the proposed Planned Unit Development at the southeast corner of County Road 25 and Beltline Blvd. Mr. Morrison stated that the buffer would allow for a 3rd shift. Councilmember Mavity asked if the buffer would change if housing were included in the Planned Unit Development. Mr. Morrison stated no. Councilmember Mavity added that she has concerns that if the PUD is used for residential, the city might end up with a multi-family, mixed- use building in this area, with overnight work allowed there. Mr. Morrison stated that under current code, that would be allowed, but violations would be addressed. Councilmember Mavity asked if this would be an administrative action or a council action. Mr. Morrison stated that it would be an administrative action. Mayor Spano stated he lives next to Methodist Hospital, a business with a third shift. He asked that staff keep a close eye on the snow blowing, leaf blowing, and any other maintenance, as it can be very loud. He added that while he is supportive of this amendment, he wants to be sure staff flags this issue as it relates to neighborhood livability. City Council Meeting of December 4, 2017 (Item No. 3d) Page 6 Title: City Council Meeting Minutes of November 20, 2017 It was moved by Councilmember Sanger, seconded by Councilmember Brausen, to approve First Reading of an Ordinance amending Chapter 26 of the City Code relating to zoning to allow a third shift with conditions at Industrial zoned properties when adjacent to residential zoned properties, and to set the second reading for December 4, 2017. The motion passed 6-1 (Councilmember Mavity opposed). 8b. Designate Municipal Builders, Inc. the lowest responsible bidder and authorize execution of a contract with the contractor in the amount of $3,107,100.00 for the Water Treatment Plant #4 Rehabilitation Project No. 5318-5004 Mayor Spano stated he wants to be certain that residents know this project is moving forward. It was moved by Councilmember Hallfin, seconded by Councilmember Brausen, to Designate Municipal Builders, Inc. the lowest responsible bidder and authorize execution of a contract with the contractor in the amount of $3,107,100.00 for the Water Treatment Plant #4 Rehabilitation Project No. 5318-5004. The motion passed 7-0. 9. Communications Councilmember Brausen stated that he, the Mayor and Councilmember Hallfin attended the National League of Cities conference in South Carolina earlier this week. He encouraged other council members to attend in future years. Mayor Spano commented that he presented at the conference in the general session as a panel member with other city mayors from across the country on the topic of race equity. He noted during the panel discussion that in St. Louis Park race equity is very much a council and city initiative and is not driven by anyone else. He said that it was a great opportunity to highlight all the work the city has done. He added that many conference attendees approached him afterwards to make comments and learn more about St. Louis Park’s initiatives. 10. Adjournment The meeting adjourned at 9:00 p.m. ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor Meeting: City Council Meeting Date: December 4, 2017 Minutes: 3e UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA NOVEMBER 27, 2017 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Thom Miller, and Susan Sanger. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Human Resources Director (Ms. Deno), Communications Manager (Ms. Larson), Chief Information Officer (Mr. Pires), Police Chief Harcey, Fire Chief Koering, and Recording Secretary (Ms. Pappas). Guest: St. Louis Park Police Officer Siar Nadem and Bob McNaney, Padilla Communications 1. Future Study Session Agenda Planning – December 4 and 11, 2017 Mr. Harmening presented the proposed Study Session agenda for December 4 and 11, 2017. Mr. Harmening noted that the second reading of the flavored tobacco ordinance will be on the consent agenda on December 4. Also, council members will participate in an orientation for the new council chambers at the Monday, December 4, 2017 study session. 2. SLP Policing Model/Critical Incident Planning (Session 4 of 4) Chief Harcey began the discussion by thanking Mayor Spano and the council for allowing the Police Department to have these discussion sessions with the council over the past few months. He stated that the first three sessions have been completed and involved discussion about the Police Department’s service delivery model; policy and procedures; and difficult situations faced by officers. Chief Harcey stated that the final presentation will deal with the impacts that an officer involved shooting can have on council and staff, as well as council’s role and responsibilities during such an event. The presentations will include an overview of an incident from 2004 in which Officer Siar Nadem was involved, and another scenario which involved a serious incident at Louisiana Court in January, 2017. Officer Nadem outlined the incident and presented audio, including the police dispatcher’s calls (in order to present what officers experience during a call), as well as the subsequent chase and shooting of the suspect. Officer Nadem explained the very tense situation and how, due to policy, police were not allowed to pursue the suspect in a high-speed chase early in the incident. He pointed out that after the shooting occurred and there was a threat to public safety, officers were allowed to pursue the suspect. Subsequently, Officer Nadem was shot in the leg, while the suspect was fatally shot. Chief Harcey stated that the use of force was necessary as the suspect was an immediate threat to officers and to the public. Also, the suspect was resisting arrest and fleeing. He added that the case was investigated by the Hennepin County Sheriff’s Office and the Hennepin County Attorney. A City Council Meeting of December 4, 2017 (Item No. 3e) Page 2 Title: Study Session Minutes of November 27, 2017 Hennepin County Grand Jury concluded that this was a justified use of force. He commended Officer Nadem for how he handled this case. Councilmember Sanger asked if it is common for suspects to return to the scene of the crime. Chief Harcey stated that it is not common. Councilmember Sanger asked what a code 4 means. Chief Harcey stated that it is an “all clear” code. Councilmember Miller asked when the decision was made to pursue the suspect in his vehicle. Officer Nadem stated that the determining policy factor was when they knew the suspect had shot the resident, which allowed the officers to pursue him. Councilmember Miller asked Officer Nadem if he felt the outcome of the situation would have been different had he been allowed to pursue the suspect before the shooting occurred. Officer Nadem said yes. Councilmember Miller asked if body or dash cameras may have changed the analysis of the incident afterwards. Officer Nadem stated it probably would not have changed anything, adding that the officers would still have tried to make the situation as safe as possible. Councilmember Miller asked if the cameras may help with officer training. Officer Nadem stated that cameras would help, but also some actions by officers are learned on the job. Chief Harcey discussed how critical incidents are investigated. He noted that his first call after a situation is to the City Manager, who then notifies the council. After that, either the Hennepin County Sheriff’s Office or the Bureau of Criminal Apprehension (BCA) is contacted. The agency that is available at the time of the incident will begin the investigation process, with the help of the city’s duty sergeant, who is immediately involved at the crime scene. Officers directly involved in the case are put on administrative leave and are not required to speak to anyone about it. They are assigned a peer support officer and can only discuss the case with their attorney, clergy, or spouse. They can also contact the Minnesota Peace and Police Officers Association Legal Defense Fund Attorney for assistance. Chief Harcey stated that the concern is not to interfere with the ongoing investigation and to avoid any potential conflict of interest. Chief Harcey stated that investigations can take anywhere from 3 months to 1 year to complete. He added that during this time period, very limited information about the case is shared with the public, and everything goes through the county attorney’s office. All information remains private until the county attorney releases it to the public. Councilmember Mavity asked how the procedure could be improved. She noted that because of the long timeframe for the investigation, it seems some recall of the incident could be lost. Chief Harcey stated that the main goal is to get to the truth, and it takes time to get there. Councilmember Mavity asked if it is the best system. Chief Harcey stated it is the best system that we have at this time, adding that it will likely change with future technology. He added that nothing can compel officers to give a statement, and this is determined on a case-by-case basis. Mayor Spano thanked Chief Harcey, Officer Nadem, and the police force for all they do to protect St. Louis Park and its residents. He added that he wants to make sure they know they are appreciated. Chief Harcey thanked the Mayor on behalf of the police force. He proceeded to present another scenario that occurred in January, 2017, at Louisiana Court. The serious incident involved a youth threatening suicide with a knife that lasted three hours in very cold winter temperatures. Chief Harcey explained that this particular young person had been in and out of hospital care for mental City Council Meeting of December 4, 2017 (Item No. 3e) Page 3 Title: Study Session Minutes of November 27, 2017 health issues. He stated that the situation ended successfully, with the help of additional officers and resources, special less lethal tools, and hostage negotiation techniques. Mayor Spano stated this was a mental health issue. With proper mental health funding, the circumstances could possibly have been avoided. Chief Harcey discussed what would have happened if this situation had turned out differently, and deadly force had to be used. Councilmember Sanger asked how officers distinguish when a person is asking for help or if they want suicide by police. Chief Harcey stated it is a constant balance and a threat to officers. He added that the police take their time and react based on the person’s actions, while trying not to force them to act. He added that additional resources, including ambulances, Tasers and less than lethal weapons are available to assist. The Chief added that an incident commander is always present and leading all actions taken during the event. At this point, Communications and Marketing Manager Larson and Mr. McNaney from Padilla discussed what the council can expect in the wake of a critical incident. They presented best practices for responding in order to balance the demand for speed and transparency with the responsibility of providing accurate information. Mr. McNaney stated that his firm handles crisis communications for all types of incidents in the public and private sectors. He noted that his role would be to support Mr. Harmening and the city in the case of a crisis incident. Mr. McNaney stated that when a crisis happens, everyone wants to help, but the council needs to remember the big picture and what is best for the city and community members. The council cannot let their emotions drive their response in a crisis situation. He added that the staff and council will be judged by how they react. Mr. McNaney stated that there is a need for controlled information dissemination, which is the role of spokespeople like the City Manager, Police Chief, Communications Manager, or Mayor. He also pointed out that it is not the role of the councilmembers. Mr. McNaney pointed out that expectations must be set to avoid confusion. There will never be full disclosure, and the council needs to be ok with that. He stated that sometimes communities rush to tell, then they have to back pedal and lose credibility. He added that being transparent is not saying everything we know, but it is a saying why we cannot talk about it. Mr. McNaney presented several video examples, pointing out that there will be a need for disciplined communicators, especially in the light of social media. Mr. Harmening pointed out that communications management is not the same as manipulation of information. Mr. McNaney added that it is about finding the truth and being as open and transparent as possible about what is being done to correct the situation, in an honest, earnest and empathetic way. Councilmember Sanger asked how Padilla deals with the circulation of fake news and if they assume the facts will win out or if they become more aggressive in their messaging. Mr. McNaney stated that their team monitors all the news, but also states the facts, only becoming aggressive if something is hurtful or harmful. He added that Padilla prefers to be the calm in the storm. Mr. McNaney stated that as soon as a crisis occurs, it is best if the councilmembers immediately detach from their social media accounts and give a unified statement with a calm voice. He added that it is fine for each councilmember to repeat the same message, if that is what is agreed upon. It City Council Meeting of December 4, 2017 (Item No. 3e) Page 4 Title: Study Session Minutes of November 27, 2017 is best to channel it through the city manager or communications manager, or both. Mr. McNaney stated that the councilmembers are ambassadors for the city, and only one accurate message should be disseminated. Mr. Harmening stated this can become difficult for council members because they can be overwhelmed with social media, phone calls, texts, and people coming to their homes. However, he added that speaking with one voice is important. Councilmember Miller noted he is concerned about keeping all councilmembers aware when even a smaller incident happens, so that a clear singular message can be delivered to residents. He asked if there is enough time to reach out to Padilla when an incident happens. Mr. Harmening stated that Padilla has a 24/7 hotline available to call. Councilmember Miller stated that as a councilmember, he would appreciate communication from the City Manager at any hour of the day or night in the event of a crisis situation. He would want to have the key facts and a singular message ready to go, as constituents will reach out to councilmembers at all times for information. Councilmember Brausen noted that training and a clear action plan for the council will be important when an incident happens. He stated that he trusts the professionals and would wait for the facts and, if asked, be willing to admit he does not have all the facts. Councilmember Lindberg agreed with Councilmember Brausen, stating that he would want to wait for the facts to be in and respond accordingly at the appropriate time. Councilmember Mavity agreed, also, and added that any information learned by councilmembers should be communicated directly to the City Manager as soon as possible. Mr. McNaney added that the councilmembers are the eyes and ears in the field and have a significant role to play. Councilmember Sanger asked if city staff is also prepped and educated on the crisis communication plans of the city. Ms. Larson stated that staff directors and front line employees have all gone through media training and how to talk to the media. She added that if any staff member receives a media call, they are to let Ms. Larson know first, and she will determine who the media should talk to. Councilmember Miller stated that he would rather receive a text or call from Mr. Harmening at any hour of the day or night versus not knowing anything. Mayor Spano added an incident might seem low key, but it is important the council know about it before it is directed to the public. Mayor Spano stated there will need to be an outline of the communication plan and steps for the council, as well as information on the objectivity piece and directing questions back to the central source for the most current information. Mr. Pires also suggested that the council revisit this topic, as social media will continue to change and develop over time. Mr. Harmening stated that this will be further discussed at the January 2018 council retreat. Councilmember Mavity stated she that would like all of the handouts from the policing model sessions redistributed to councilmembers, along with the department action plans on race equity City Council Meeting of December 4, 2017 (Item No. 3e) Page 5 Title: Study Session Minutes of November 27, 2017 and additional data points, as well. She would also like this information added to the city website for public review. Communications Mr. Harmening stated that the council will have their individual and group photos taken at the first meeting of the year in January. Mr. Harmening added at the December 4 meeting, a youth member will be appointed to the Human Rights Commission (HRC). Additionally, the council will need to review information on past interviewees for the HRC and appoint three members to take the place of those who have resigned from the commission. Staff will review the rankings and data from past interviewees and ask past interviewees if they are still interested in serving on the HRC. Ms. Deno added that staff will send this data and ranking information to the council for review. Margaret Rog asked that Todd Sandler be considered for appointment to the HRC, noting that he would be a welcome contributor to the commission. The meeting adjourned at 9:30 p.m. Written Reports provided and documented for recording purposes only: 3. October 2017 Monthly Financial Report 4. 2040 Comprehensive Plan Update 5. Proposed Terms for Purchase of 5639 Minnetonka Blvd. 6. Historic Walker Lake Update ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Approval of City Disbursements RECOMMENDED ACTION: Motion to accept for filing City Disbursement Claims for the period of October 28, through November 24, 2017. POLICY CONSIDERATION: Does the City Council desire to approve City disbursements in accordance with Section 6.11 – Disbursements – How Made, of the City’s Charter? SUMMARY: The Finance Division prepares this report on a monthly basis for the City Council to review and approve. The attached reports show both City disbursements paid by physical check and those by wire transfer or Automated Clearing House (ACH) when applicable. FINANCIAL OR BUDGET CONSIDERATION: Review and approval of the information follows the City’s Charter and provides another layer of oversight to further ensure fiscal stewardship. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: City Disbursements Prepared by: Kari Mahan, Accounting Clerk Reviewed by: Tim Simon, Chief Financial Officer Approved by: Tom Harmening, City Manager 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 4,134.10 EARL ANDERSEN INC INSTALLATION OTHER IMPROVEMENT SUPPLIES 4,134.10 500.003RD LAIR SKATEPARK ORGANIZED REC G & A OTHER CONTRACTUAL SERVICES 175.00SPECIAL EVENTS OTHER CONTRACTUAL SERVICES 675.00 411.92A-1 OUTDOOR POWER INC GENERAL FUND BALANCE SHEET INVENTORY 411.92 60.00AAA LAMBERTS LANDSCAPE PRODUCT SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 60.00 225.00ACACIA ARCHITECTS LLC MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES 225.00 727.60ACCOUNTEMPSWATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 727.60SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES 727.60SOLID WASTE G&A GENERAL PROFESSIONAL SERVICES 727.60STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 2,910.40 205.00ACKERMANN JOAN GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 205.00 79.45ACME TOOLS FACILITIES MCTE G & A GENERAL SUPPLIES 79.45 14,378.25ADVANTAGE HEALTH CORPORATION EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICES 14,378.25 6,281.25AFFORDABLE HOUSING CONNECTIONS INC HOUSING REHAB G & A OTHER CONTRACTUAL SERVICES 6,281.25 124.03ALBRECHT, MARY PROSECUTION OTHER CONTRACTUAL SERVICES 124.03 100.00ALDERSGATE UNITED METHODIST CHURCH ADMINISTRATION G & A RENTAL BUILDINGS 100.00 2,143.00ALL AMERICAN ARENA PRODUCTS RECREATION OUTDOOR CENTER OPERATIONAL SUPPLIES City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 2 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 2,143.00 94.20ALL AMERICAN TITLE WATER UTILITY G&A GENERAL CUSTOMERS 94.20 3,775.00ALLIANCE MECH SRVCS INC FACILITIES MCTE G & A BUILDING MTCE SERVICE 63,852.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 145.50BRICK HOUSE (1324)OTHER IMPROVEMENT SUPPLIES 145.50WW RENTAL HOUSE (1322)OTHER IMPROVEMENT SUPPLIES 67,918.00 711.90ALLIED BLACKTOP PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES 17,200.61STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGE 17,912.51 660.00ALLISON ALIA HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 660.00 2,729.25ALLSTREAMIT G & A TELEPHONE 2,729.25 23.23AMBERSON SANDRA WATER UTILITY G&A GENERAL CUSTOMERS 23.23 13,271.85AMERICAN ENGINEERING TESTING INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 13,271.85 459.00AMERICAN PLANNING ASSOCIATION COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPS 459.00 433.44AMERICAN TIRE DISTRIBUTORS GENERAL FUND BALANCE SHEET INVENTORY 433.44 50.00AMMUNITION DISPOSAL OF MN POLICE G & A OTHER CONTRACTUAL SERVICES 50.00 500.00APPELL CAROL ESCROWS PMC ESCROW 500.00 717.18ARCTECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICE 717.18 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 3 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 3Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 111.36ARENA SERVICES & PRODUCTS REC CENTER BUILDING OPERATIONAL SUPPLIES 111.36 102.18ARMSTRONG DONAL WATER UTILITY G&A GENERAL CUSTOMERS 102.18 1,089.00ART SPARK LLC ART OTHER CONTRACTUAL SERVICES 1,089.00 21,052.70ASET SUPPLY AND PAPER INC SOLID WASTE G&A OPERATIONAL SUPPLIES 21,052.70 1,061.51ASPEN MILLS OPERATIONS UNIFORMS 404.93OPERATIONSPROTECTIVE CLOTHING 1,466.44 152.50ATIR ELECTRIC CORPORATION FACILITIES MCTE G & A BUILDING MTCE SERVICE 40,000.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 40,152.50 75.00ATKINS ANNALISE GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 75.00 50.50ATOMIC RECYCLING FACILITIES MCTE G & A CLEANING/WASTE REMOVAL SERVICE 50.50PUBLIC WORKS OPS G & A CLEANING/WASTE REMOVAL SERVICE 50.50WATER UTILITY G&A CLEANING/WASTE REMOVAL SERVICE 285.25VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICE 436.75 5,263.71AVI SYSTEMS CABLE TV G & A GENERAL PROFESSIONAL SERVICES 5,263.71 4,735.76AVOLVE SOFTWARE INSPECTIONS G & A GENERAL SUPPLIES 4,735.76 554.00AVR INC STORM WATER UTILITY G&A GENERAL SUPPLIES 554.00 248.06BAHR, KURT PROSECUTION OTHER CONTRACTUAL SERVICES 248.06 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 4 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 4Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 1,500.00BAKER SYDNEY ESCROWS PMC ESCROW 1,500.00 5,000.00BARDZINSKI BRIAN & ERIN ESCROWS PMC ESCROW 5,000.00 7,297.85BARNA, GUZY & STEFFEN LTD HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 7,297.85 2,875.00BARR ENGINEERING CO STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 2,875.00 200.00BARTON SAND & GRAVEL CO PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 200.00 1,151.67BARTON, KAREN HUMAN RESOURCES RECRUITMENT 1,151.67 210.00BATRES, JULIO SOCCER OTHER CONTRACTUAL SERVICES 210.00 19.99BATTERIES + BULBS WATER UTILITY G&A GENERAL SUPPLIES 19.99 5,341.81BECKER ARENA PRODUCTS PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 216.60REC CENTER BUILDING OPERATIONAL SUPPLIES 162.92ARENA MAINTENANCE OPERATIONAL SUPPLIES 3,325.00RECREATION OUTDOOR CENTER OTHER CONTRACTUAL SERVICES 9,046.33 38,537.50BERGERSON CASWELL INC WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 13,650.00WATER UTILITY G&A EQUIPMENT MTCE SERVICE 52,187.50 498.56BERSCHEID, GARY NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 498.56 10,000.00BNSF RAILWAY COMPANY GENERAL FUND BALANCE SHEET PREPAID EXPENSES 2,000.00PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICES 12,000.00 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 5 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 5Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 9,438.00BOLTON & MENK INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 9,438.00 1,289.84BOUND TREE MEDICAL, LLC POLICE G & A OPERATIONAL SUPPLIES 541.44OPERATIONSOPERATIONAL SUPPLIES 1,831.28 3,065.00BRAD'S LANDSCAPING LLC CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 3,065.00 5,276.60BREIWICK COMPANIES TREE MAINTENANCE CLEANING/WASTE REMOVAL SERVICE 5,276.60 136.00BROOKLYN CENTER, CITY OF IT G & A TRAINING 136.00 824.77BROOKSIDE LOFTS ASSOC.WATER UTILITY BALANCE SHEET DUE TO OTHER GOVTS 824.77 1,318.60BROOKSIDE NEIGHBORHOOD ASSOCIATION NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 1,318.60 275.00BROWN KELLI GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 275.00 1,232.61BRYAN ROCK PRODUCTS INC STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,232.61 115.00BUNKER PARK STABLE INC NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 115.00 74.78BURNET TITLE WATER UTILITY G&A GENERAL CUSTOMERS 74.78 694.81BUSINESS ESSENTIALS COMM & MARKETING G & A OFFICE SUPPLIES 28.17COMM & MARKETING G & A PRINTING & PUBLISHING 722.98 51,158.43-C & L EXCAVATING INC STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGE 1,023,168.65CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 6 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 6Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 972,010.22 82.85CAIN, DIXIE WATER UTILITY G&A GENERAL CUSTOMERS 82.85 8,520.60-CALIFORNIA SKATEPARKS PARK IMPROVE BALANCE SHEET RETAINED PERCENTAGE 170,412.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 161,891.40 394.25CAPITAL ONE COMMERCIAL HALLOWEEN PARTY GENERAL SUPPLIES 89.79HALLOWEEN PARTY CONCESSION SUPPLIES 484.04 119.60CAR KEYS EXPRESS GENERAL FUND BALANCE SHEET INVENTORY 119.60 2,100.00CARL BOLANDER & SONS STORM WATER UTILITY BAL SHEET GENERAL 2,100.00 23.57CARRIGER DON WATER UTILITY G&A GENERAL CUSTOMERS 23.57 19,040.37CARTEGRAPH SYSTEMS INC WATER UTILITY G&A OFFICE EQUIPMENT 19,040.36SEWER UTILITY G&A OFFICE EQUIPMENT 19,040.36TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 57,121.09 1,126.77CBIZ FINANCIAL SOLUTIONS INC EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICES 1,126.77 40,750.00CDW GOVERNMENT INC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 40,750.00 9,405.26CE CONTRACT MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 9,405.26 755.39CENTER FOR ENERGY AND ENVIRONMENT DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICES 900.00MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES 1,655.39 1,154.56CENTERPOINT ENERGY FACILITY OPERATIONS HEATING GAS City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 7 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 7Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 1,400.38WATER UTILITY G&A HEATING GAS 39.56REILLY G & A HEATING GAS 465.47SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 181.12SEWER UTILITY G&A HEATING GAS 261.52PARK MAINTENANCE G & A HEATING GAS 25.00WESTWOOD G & A HEATING GAS 55.47NATURALIST PROGRAMMER HEATING GAS 3,583.08 10,800.00CENTRAL PENSION FUND EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENT 10,800.00 1,580.00CENTURY COLLEGE OPERATIONS TRAINING 1,580.00 89.82CINTAS CORPORATION FACILITIES MCTE G & A OPERATIONAL SUPPLIES 110.57FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 1,075.79WATER UTILITY G&A OPERATIONAL SUPPLIES 1,397.02REC CENTER BUILDING OPERATIONAL SUPPLIES 263.62VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 2,936.82 432.00CITIZENS INDEPENDENT BANK GENERAL FUND BALANCE SHEET INVENTORY 84.10ADMINISTRATION G & A OFFICE SUPPLIES 18.16ADMINISTRATION G & A TRAINING 768.77ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 1,100.70ADMINISTRATION G & A TRAVEL/MEETINGS 259.11ADMINISTRATION G & A MEETING EXPENSE 1,035.11HUMAN RESOURCES RECOGNITION 142.34HUMAN RESOURCES MEETING EXPENSE 195.00COMM & MARKETING G & A OTHER CONTRACTUAL SERVICES 49.27COMM & MARKETING G & A SUBSCRIPTIONS/MEMBERSHIPS 385.00COMM & MARKETING G & A TRAINING 400.00COMM & MARKETING G & A SEMINARS/CONFERENCES/PRESENTAT 1,746.02COMM & MARKETING G & A TRAVEL/MEETINGS 13.02HUMAN RIGHTS MEETING EXPENSE 119.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPS 390.00ASSESSING G & A SEMINARS/CONFERENCES/PRESENTAT 6.00ASSESSING G & A MEETING EXPENSE 629.48FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT 945.98COMM DEV PLANNING G & A TRAINING City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 8 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 8Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 727.75FACILITIES MCTE G & A GENERAL SUPPLIES 1,572.48FACILITIES MCTE G & A OTHER 431.20POLICE G & A OPERATIONAL SUPPLIES 10.74POLICE G & A BLDG/STRUCTURE SUPPLIES 260.27POLICE G & A POLICE EQUIPMENT 126.29POLICE G & A OTHER CONTRACTUAL SERVICES 336.81POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 540.00POLICE G & A TRAINING 1,487.00POLICE G & A SEMINARS/CONFERENCES/PRESENTAT .10-POLICE G & A TRAVEL/MEETINGS 89.69POLICE G & A MEETING EXPENSE 184.48POLICE G & A LICENSES 56.36NEIGHBORHOOD OUTREACH OPERATIONAL SUPPLIES 18.03ERUOPERATIONAL SUPPLIES 483.88ERUTRAVEL/MEETINGS 721.09OPERATIONSGENERAL SUPPLIES 716.47OPERATIONSFIRE PREVENTION SUPPLIES 110.06OPERATIONSOPERATIONAL SUPPLIES 208.21OPERATIONSSMALL TOOLS 353.00OPERATIONSUNIFORMS 800.78OPERATIONSTRAINING 1,509.43OPERATIONSSEMINARS/CONFERENCES/PRESENTAT 7.18OPERATIONSEMERGENCY PREPAREDNESS 22.03INSPECTIONS G & A GENERAL SUPPLIES 906.93INSPECTIONS G & A OTHER CONTRACTUAL SERVICES 965.00INSPECTIONS G & A TRAINING 2,285.84PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTAT 85.86PUBLIC WORKS G & A BANK CHARGES/CREDIT CD FEES 51.70ENGINEERING G & A OPERATIONAL SUPPLIES 1,445.00ENGINEERING G & A TRAINING 735.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT 1,005.00ENGINEERING G & A TRAVEL/MEETINGS 1,445.98TRAININGSEMINARS/CONFERENCES/PRESENTAT 56.59FRANCHISE ADMINISTRATION GENERAL SUPPLIES 694.50TV PRODUCTION OTHER CONTRACTUAL SERVICES 15.40CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 27.42WATER UTILITY G&A EQUIPMENT PARTS 2,297.15WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 400.77SOLID WASTE G&A PRINTING & PUBLISHING 105.00ENVIRONMENT & SUSTAINABILITY SUBSCRIPTIONS/MEMBERSHIPS 481.40ENVIRONMENT & SUSTAINABILITY TRAINING City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 9 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 9Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 1,170.00UNINSURED LOSS G&A UNINSURED LOSS 85.15-TECHNOLOGY REPLACEMENT GENERAL SUPPLIES 1,594.33TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 439.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 261.74CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 219.99ORGANIZED REC G & A GENERAL SUPPLIES 1,050.45ORGANIZED REC G & A TRAINING 64.49VOLLEYBALLGENERAL SUPPLIES 343.99HOLIDAY PROGRAMS GENERAL SUPPLIES 219.33PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 540.31PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 52.78NATURAL RESOURCES G & A OFFICE SUPPLIES 82.00NATURAL RESOURCES G & A TRAINING 135.66WESTWOOD G & A GENERAL SUPPLIES 35.00WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPS 953.85HALLOWEEN PARTY GENERAL SUPPLIES 303.49REC CENTER BUILDING GENERAL SUPPLIES 2,093.73REC CENTER BUILDING OPERATIONAL SUPPLIES 450.22REC CENTER BUILDING CONCESSION SUPPLIES 97.70REC CENTER BUILDING MEETING EXPENSE 42,519.64 90.95CLARKE LISA ASSESSING G & A MILEAGE-PERSONAL CAR 90.95 1,962.72CLEAN RIVER RECYCLING SOLUTIONS REC CENTER BUILDING OPERATIONAL SUPPLIES 1,962.72 17,855.94COLICH & ASSOCIATES ADMINISTRATION G & A LEGAL SERVICES 17,855.94 28.36COLLINS KATHRYN WATER UTILITY G&A GENERAL CUSTOMERS 28.36 33.72COMCASTOPERATIONSEMERGENCY PREPAREDNESS 23.24OTHER CITY DEPARTMENTS OTHER CONTRACTUAL SERVICES 304.55WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 133.67REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 495.18 467.85-COMMERCIAL ASPHALT COMPANY SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIES City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 10 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 10Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 2,219.75PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES 3,882.01PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 1,051.77WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 3,323.82PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 10,009.50 81,293.23COMMERCIAL REFRIGERATION SYSTEMS INC PARK IMPROVE BALANCE SHEET RETAINED PERCENTAGE 81,293.23 797.26COMMISSIONER OF TRANSPORTATION STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 797.26 146.00COMMUNITY REINVESTMENT FUND MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES 146.00 614.55CONTINENTAL RESEARCH CORP REC CENTER BUILDING GENERAL SUPPLIES 614.55 260.66CORE & MAIN WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 260.66 1,232.35CORE & MAIN LP WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 517.96WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,750.31 8,750.00CORNERSTONE ADVOCACY SERVICE POLICE G & A OTHER CONTRACTUAL SERVICES 8,750.00 3,046.21CORPORATE MECHANICAL REC CENTER BUILDING BUILDING MTCE SERVICE 3,046.21 500.00COUGHLIN, JUDY ORGANIZED REC G & A OTHER CONTRACTUAL SERVICES 340.00FITNESS PROGRAMS OTHER CONTRACTUAL SERVICES 840.00 56,300.00COURTYARD APARTMENT LLC RIGHT-OF-WAY OTHER CONTRACTUAL SERVICES 56,300.00 10,530.00COVERALL OF THE TWIN CITIES FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 10,530.00 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 11 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 11Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 172.80CREATIVE PRODUCT SOURCING INC - DARE DARE PROGRAM OPERATIONAL SUPPLIES 172.80 2,341.20CRESTLINE SPECIALTIES INC SPECIAL EVENTS GENERAL SUPPLIES 2,341.20 443.26CRESTVIEW NEIGHBORHOOD ASSOCIATION NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 443.26 91.80CROOKS, DEAN WATER UTILITY G&A TRAINING 91.80 179.20CROWN MARKING INC COMM & MARKETING G & A OFFICE SUPPLIES 179.20 3,000.00CTW GROUP INC ESCROWS PMC ESCROW 3,000.00 220.68CUB FOODS POLICE G & A JAIL SUPPLIES 18.85POLICE G & A MEETING EXPENSE 239.53 217.48CUMMINS INC SEWER UTILITY G&A EQUIPMENT MTCE SERVICE 217.48 78.63CUSTOM HOSE TECH INC GENERAL REPAIR EQUIPMENT MTCE SERVICE 78.63 2,620.00CUSTOM PRODUCTS & SERVICES SSD 1 G&A OTHER CONTRACTUAL SERVICES 2,579.00SSD 2 G&A OTHER CONTRACTUAL SERVICES 1,133.50SSD 3 G&A OTHER CONTRACTUAL SERVICES 1,587.00SSD #4 G&A OTHER CONTRACTUAL SERVICES 163.85SSD #5 G&A LANDSCAPING MATERIALS 1,636.00SSD #5 G&A OTHER CONTRACTUAL SERVICES 926.00SSD #6 G&A OTHER CONTRACTUAL SERVICES 10,645.35 112.00CUSTOM REMODELERS INC INSPECTIONS G & A BUILDING 112.00 1,083.11DALCO ENTERPRISES INC FACILITIES MCTE G & A CLEANING/WASTE REMOVAL SUPPLY City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 12 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 12Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 1,083.11 47.58DALTHORP RACHEL WATER UTILITY G&A GENERAL CUSTOMERS 47.58 119.38DCA TITLE WATER UTILITY G&A GENERAL CUSTOMERS 119.38 1,500.00DEB GARVEY COMMUNICATIONS LLC COMM & MARKETING G & A GENERAL PROFESSIONAL SERVICES 1,500.00 430.00DECAMILLIS ALLISON & JOSEPH GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 430.00 157.73DELEGARD TOOL CO VEHICLE MAINTENANCE G&A SMALL TOOLS 157.73 160.00DEPARTMENT OF LABOR & INDUSTRY FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 160.00 60.52DEPT EMPLOYMENT & ECONOMIC DEVELOPMENTEMPLOYEE FLEX SPEND G&A UNEMPLOYMENT 60.52 4,534.19DEPT LABOR & INDUSTRY INSPECTIONS G & A DUE TO OTHER GOVTS 150.00REC CENTER BUILDING LICENSES 4,684.19 27.42DIIRO JEFF WATER UTILITY G&A GENERAL CUSTOMERS 27.42 761.52DJ ELECTRIC SERVICES INC PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICES 3,004.12REC CENTER BUILDING MAINTENANCE 3,765.64 222.53DO-GOOD.BIZ INC NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 222.53 61.84DRYWALL SUPPLY INC MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 61.84 3,850.00DYNAMIC IMAGING SYSTEMS INC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 13 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 13Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 3,850.00 1,451.14ECM PUBLISHERS INC ADMINISTRATION G & A LEGAL NOTICES 1,451.14 64.09EDINA REALTY WATER UTILITY G&A GENERAL CUSTOMERS 64.09 132.50EHLERS & ASSOCIATES INC ESCROWS PLATIA PLACE 1,267.002010D FIRE STAT DEBT SERV G&A OTHER CONTRACTUAL SERVICES 1,267.002014A GO DEBT SERV G&A OTHER CONTRACTUAL SERVICES 1,266.002016A GO DEBT SERV G&A OTHER CONTRACTUAL SERVICES 3,932.50 2.00ELECTRIC CITY INSPECTIONS G & A DUE TO OTHER GOVTS 110.00INSPECTIONS G & A ELECTRICAL 112.00 11,349.07ELECTRIC PUMP INC SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 200.00PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICES 11,549.07 243.44ELIOT VIEW NEIGHBORHOOD ASSN NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 243.44 32.10ELKIN, PHILLIP ENGINEERING G & A MILEAGE-PERSONAL CAR 32.10 15,899.51EMERGENCY AUTOMOTIVE TECHNOLOGIES INC GENERAL FUND BALANCE SHEET INVENTORY 15,899.51 4,144.56ENTERPRISE FM TRUST EQUIP/VEHICLE REPLACEMENT RENTAL EQUIPMENT 4,144.56 1,050.00ESP INC REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 1,050.00 133.28FACTORY MOTOR PARTS CO GENERAL FUND BALANCE SHEET INVENTORY 133.28 331.50FADDEN DEREK SOFTBALL OTHER CONTRACTUAL SERVICES City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 14 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 14Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 331.50 33.55FAHEY, SUSANNE NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 33.55 1,000.00FARBER SOUND LLC PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES 936.30REC CENTER BUILDING MAINTENANCE 350.00REC CENTER BUILDING BUILDING MTCE SERVICE 2,286.30 76.58FEINBERG, GREG WESTWOOD G & A GENERAL SUPPLIES 34.00FAMILY PROGRAMS GENERAL SUPPLIES 110.58 18,684.60FERGUSON WATERWORKS WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 18,684.60 590.00FIELD TRAINING SOLUTIONS PATROL TRAINING 590.00 217.13FINANCE & COMMERCE STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 217.13 158.00FIRE ENGINEERING OPERATIONS SUBSCRIPTIONS/MEMBERSHIPS 158.00 200.00FIRE MARSHALS ASSOCIATION OF MINNESOTA OPERATIONS SUBSCRIPTIONS/MEMBERSHIPS 200.00 575.00FIRE SAFETY USA INC OPERATIONS SMALL TOOLS 575.00 285.00FIRELINE CONCRETE CUTTING & CORING INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 285.00 352.00FIRST ADVANTAGE HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 352.00 209.00FLEX COMPENSATION INC EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICES 209.00 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 15 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 15Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 550.00FORECAST PUBLIC ART ESCROWS GENERAL 550.00 59.08FORKLIFTS OF MN INC.GENERAL FUND BALANCE SHEET INVENTORY 59.08 40.66FRANCIS, ERICK STORM WATER UTILITY G&A MILEAGE-PERSONAL CAR 40.66 22.87FRATTALONE'S/ST. LOUIS PARK GENERAL FUND BALANCE SHEET CLEARING ACCOUNT 8.29RELAMPINGOTHER IMPROVEMENT SUPPLIES 31.16 1,000.00FRYDA JASON ESCROWS PMC ESCROW 1,000.00 19.56G & K SERVICES REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 19.56 4,292.00GALLAGHER RISK MGMT SERVICES INC, ARTHURFINANCE G & A GENERAL PROFESSIONAL SERVICES 1,430.50CABLE TV G & A GENERAL PROFESSIONAL SERVICES 1,430.50HOUSING REHAB G & A GENERAL PROFESSIONAL SERVICES 1,430.50WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 1,430.50SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES 1,430.50SOLID WASTE G&A GENERAL PROFESSIONAL SERVICES 1,430.50STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 12,875.00 4,593.80GALLS, LLC - DBA UNIFORMS UNLIMITED POLICE G & A OPERATIONAL SUPPLIES 712.97COMMUNITY SERVICE OFFICER OPERATIONAL SUPPLIES 5,306.77 203.00GARAGE FLOOR COATING OF MN FACILITIES MCTE G & A BUILDING MTCE SERVICE 203.00 3,800.50GARY L FISCHLER & ASSOCIATES PA HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 575.00POLICE G & A GENERAL PROFESSIONAL SERVICES 575.00COMMUNICATIONS/GV REIMBURSEABL GENERAL PROFESSIONAL SERVICES 4,950.50 66.46GERTENSINVASIVE PLANT MGMT/RESTORATIO OTHER IMPROVEMENT SUPPLIES City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 16 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 16Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 66.46 1.00GEWOLB, MELISSA INSPECTIONS G & A DUE TO OTHER GOVTS 140.00INSPECTIONS G & A BUILDING 141.00 205.00GOODMAN KIRBY INSTRUCTIONAL SKATING LESSONS SUBSCRIPTIONS/MEMBERSHIPS 205.00 930.15GOPHER STATE ONE-CALL INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 930.15 GRAINGER INC, WW GENERAL FUND BALANCE SHEET INVENTORY 139.70FACILITIES MCTE G & A GENERAL SUPPLIES 422.64WATER UTILITY G&A GENERAL SUPPLIES 234.00WATER UTILITY G&A OPERATIONAL SUPPLIES 796.34 22,183.00GREAT PLAINS INSTITUTE GENERAL FUND G&A GENERAL PROFESSIONAL SERVICES 15,000.00ENVIRONMENT & SUSTAINABILITY OTHER CONTRACTUAL SERVICES 37,183.00 464.12GREEN HORIZONS WEED CONTROL OTHER CONTRACTUAL SERVICES 464.12 492.24GROUP HEALTH INC - WORKSITE EMPLOYEE FLEX SPEND G&A HEALTH INSURANCE 492.24 1,137.50HACHEM, DRISS SOCCER OTHER CONTRACTUAL SERVICES 1,137.50 83.06HALLOCK COMPANY INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 83.06 420.00HAMILTON, MIKE FOOTBALL OTHER CONTRACTUAL SERVICES 306.00SOFTBALLOTHER CONTRACTUAL SERVICES 726.00 72,721.89HAMMEL GREEN & ABRAHAMSON INC TECHNOLOGY REPLACEMENT OTHER CONTRACTUAL SERVICES 72,721.89 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 17 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 17Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 15.00HAMPTON, BOB OPERATIONS SUBSCRIPTIONS/MEMBERSHIPS 15.00 4,797.19HAWKINS INC WATER UTILITY G&A OPERATIONAL SUPPLIES 4,797.19 1,050.00HEALTHPARTNERSHUMAN RESOURCES RECRUITMENT 1,922.00POLICE G & A GENERAL PROFESSIONAL SERVICES 2,972.00 1,187.20HEDBERG SUPPLY STORM WATER UTILITY G&A EQUIPMENT PARTS 106.66WESTWOOD G & A LANDSCAPING MATERIALS 1,293.86 29.09HEDGES STEVEN WATER UTILITY G&A GENERAL CUSTOMERS 29.09 1,313.75HEISER, DEBRA ENGINEERING G & A TRAVEL/MEETINGS 1,313.75 75.00HELLER ANNE GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 75.00 2,693.00HENNEPIN COUNTY MEDICAL CENTER OPERATIONS TRAINING 2,693.00 70.50HENNEPIN COUNTY RESIDENT & REAL ESTATE ASSESSING G & A OTHER CONTRACTUAL SERVICES 70.50 2,363.44HENNEPIN COUNTY TREASURER POLICE G & A EQUIPMENT MTCE SERVICE 883.81POLICE G & A JAIL/DETENTION SERVICES 2,134.72OPERATIONSRADIO COMMUNICATIONS 319.67PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICE 5,701.64 834.47HENRICKSENFACILITIES MCTE G & A OTHER 834.47 30.09HILL, GARY WATER UTILITY G&A GENERAL CUSTOMERS 30.09 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 18 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 18Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 2,227.65HOLM AUSTIN EMPLOYEE FLEX SPEND G&A TUITION 2,227.65 30.68HOME DEPOT CREDIT SERVICES GENERAL FUND BALANCE SHEET INVENTORY 101.88APPLICATION SUPPORT/SERVICE OTHER IMPROVEMENT SUPPLIES 612.05FACILITIES MCTE G & A GENERAL SUPPLIES 26.61PUBLIC WORKS OPS G & A SMALL TOOLS 133.66ROUTINE MAINTENANCE SMALL TOOLS 54.18PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 383.58WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 10.71PARK MAINTENANCE G & A GENERAL SUPPLIES 176.97PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 96.87BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIES 58.41BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 124.20REC CENTER BUILDING OPERATIONAL SUPPLIES 15.18ARENA MAINTENANCE BUILDING MTCE SERVICE 1,293.65AQUATIC PARK BUDGET MAINTENANCE 3,118.63 104.86HOPPE, MARK ASSESSING G & A MILEAGE-PERSONAL CAR 104.86 178.50HORDYK, EVAN SOFTBALL OTHER CONTRACTUAL SERVICES 178.50 45.80HOUGHTON, RICK WATER UTILITY G&A GENERAL CUSTOMERS 45.80 1,562.50HOWES, JESSICA KICKBALL OTHER CONTRACTUAL SERVICES 1,562.50 150.00HOWES, KRISTINE KICKBALL OTHER CONTRACTUAL SERVICES 150.00 1,783.60I.U.O.E. LOCAL NO 49 EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES 1,783.60 675.47IMPACT PROVEN SOLUTIONS WATER UTILITY G&A POSTAGE 675.46SEWER UTILITY G&A POSTAGE 675.46SOLID WASTE G&A POSTAGE 675.46STORM WATER UTILITY G&A POSTAGE City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 19 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 19Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 2,701.85 195.51INDELCOWATER UTILITY G&A EQUIPMENT MTCE SERVICE 195.51 1,550.00INDEPENDENT BLACK DIRT CO SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 620.00PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 2,170.00 32.10INGRAM, LUKE ENGINEERING G & A MILEAGE-PERSONAL CAR 32.10 14,786.23INSITUFORM TECHNOLOGIES USA INC STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGE 14,786.23 786.40INTERNATIONAL TAE KWON DO ACADEMY YOUTH PROGRAMS OTHER CONTRACTUAL SERVICES 786.40 271.40INVER GROVE FORD GENERAL FUND BALANCE SHEET INVENTORY 1,347.64GENERAL REPAIR EQUIPMENT MTCE SERVICE 1,619.04 1,050.00IRON MALTESE OPERATIONS TRAINING 1,050.00 120.00ISANATURAL RESOURCES G & A TRAINING 120.00 266.71I-STATE TRUCK CENTER GENERAL FUND BALANCE SHEET INVENTORY 266.71 37,833.75ITEK SOLAR2 GENERAL FUND G&A GENERAL PROFESSIONAL SERVICES 37,833.75 525.00ITERIS INC PUBLIC WORKS OPS G & A SUBSCRIPTIONS/MEMBERSHIPS 525.00 90.00J & F REDDY RENTS WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 468.72PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 558.72 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 20 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 20Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 226.20J. H. LARSON CO.FACILITIES MCTE G & A GENERAL SUPPLIES 306.96WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 533.16 225.00JDA DESIGN ARCHITECTS MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES 225.00 597.62JEFFERSON FIRE & SAFETY INC OPERATIONS PROTECTIVE CLOTHING 597.62 19.33JERRY'S HARDWARE WATER UTILITY G&A EQUIPMENT PARTS 27.05PARK MAINTENANCE G & A GENERAL SUPPLIES 17.98WESTWOOD G & A GENERAL SUPPLIES 12.43REC CENTER BUILDING OPERATIONAL SUPPLIES 76.79 8,968.00JL THEIS SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,610.00EQUIP/VEHICLE REPLACEMENT MACHINERY & AUTO EQUIPMENT 10,578.00 914.05JOHN A. DALSIN & SONS INC REC CENTER BUILDING BUILDING MTCE SERVICE 914.05 16,597.00JULIUS B. NELSON & SON, INC PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES 16,597.00 2,300.00JUST-RITE CONSTRUCTION INC UNINSURED LOSS G&A UNINSURED LOSS 2,300.00 181.89KAISER MCKENZIE WATER UTILITY G&A GENERAL CUSTOMERS 181.89 125.26KALUZA CHRISTINE WATER UTILITY G&A GENERAL CUSTOMERS 125.26 503.08KELLER, JASMINE Z EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS 503.08 75.00KELLY JAMES GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 75.00 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 21 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 21Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 418.52KENDALL AMELIA STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 418.52 1,507.25KENNEDY & GRAVEN ESCROWS ENCORE (BADER DEV/ASAP) 589.00ESCROWS5605 W 36TH (AMER LEGION SITE) 2,096.25 92.50KIDCREATE STUDIO HOLIDAY PROGRAMS OTHER CONTRACTUAL SERVICES 324.00ARTOTHER CONTRACTUAL SERVICES 416.50 1,188.24KILLMER ELECTRIC CO INC WIRING REPAIR OTHER IMPROVEMENT SUPPLIES 104.20SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES 19,720.00SYSTEM REPAIR OTHER CONTRACTUAL SERVICES 21,012.44 117,454.99KIMLEY-HORN AND ASSOCIATES, INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 117,454.99 6,534.40KLEIN UNDERGROUND LLC STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 6,534.40 500.00KLUG CHRISTOPHER & PEGGY ESCROWS PMC ESCROW 500.00 23,688.19KRAEMER MINING & MATERIALS INC CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 23,688.19 1,178.05KRUELLE, BRYAN POLICE G & A SEMINARS/CONFERENCES/PRESENTAT 1,178.05 74.14KURZEKA, LOUISE REFORESTATION FUND OTHER CONTRACTUAL SERVICES 74.14 160.52LANGUAGE LINE SERVICES INC POLICE G & A OTHER CONTRACTUAL SERVICES 160.52 2,793.00LAW ENFORCEMENT LABOR SERVICES INC EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES 2,793.00 235.88LAWSON PRODUCTS INC VEHICLE MAINTENANCE G&A SMALL TOOLS City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 22 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 22Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 235.88 11,293.22LEAGUE OF MINNESOTA CITIES EMPLOYEE FLEX SPEND G&A League of MN Cities dept'l exp 11,293.22 11.92LEND SERV NATIONAL TITLE WATER UTILITY G&A GENERAL CUSTOMERS 11.92 112.00LES JONES ROOFING INSPECTIONS G & A BUILDING 112.00 307.50LIBERTY ENVELOPE COMM & MARKETING G & A OFFICE SUPPLIES 307.50 76.30LIBERTY TITLE INC WATER UTILITY G&A GENERAL CUSTOMERS 76.30 95.65LINAADMINISTRATION G & A LIFE INSURANCE 70.35ADMINISTRATION G & A LONG TERM DISABILITY 115.07HUMAN RESOURCES LIFE INSURANCE 81.59HUMAN RESOURCES LONG TERM DISABILITY 62.90COMM & MARKETING G & A LIFE INSURANCE 42.91COMM & MARKETING G & A LONG TERM DISABILITY 18.69COMMUNITY OUTREACH G & A LIFE INSURANCE 12.75COMMUNITY OUTREACH G & A LONG TERM DISABILITY 146.34IT G & A LIFE INSURANCE 100.70IT G & A LONG TERM DISABILITY 142.45ASSESSING G & A LIFE INSURANCE 97.29ASSESSING G & A LONG TERM DISABILITY 160.58FINANCE G & A LIFE INSURANCE 109.45FINANCE G & A LONG TERM DISABILITY 386.65COMM DEV G & A LIFE INSURANCE 254.96COMM DEV G & A LONG TERM DISABILITY 85.10FACILITIES MCTE G & A LIFE INSURANCE 57.90FACILITIES MCTE G & A LONG TERM DISABILITY 1,381.40POLICE G & A LIFE INSURANCE 943.38POLICE G & A LONG TERM DISABILITY 126.36COMMUNICATIONS/GV REIMBURSEABL LIFE INSURANCE 85.77COMMUNICATIONS/GV REIMBURSEABL LONG TERM DISABILITY 657.68OPERATIONSLIFE INSURANCE 449.90OPERATIONSLONG TERM DISABILITY City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 23 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 23Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 392.39INSPECTIONS G & A LIFE INSURANCE 292.95INSPECTIONS G & A LONG TERM DISABILITY 139.68PUBLIC WORKS G & A LIFE INSURANCE 81.18PUBLIC WORKS G & A LONG TERM DISABILITY 307.84ENGINEERING G & A LIFE INSURANCE 215.90ENGINEERING G & A LONG TERM DISABILITY 266.03PUBLIC WORKS OPS G & A LIFE INSURANCE 192.36PUBLIC WORKS OPS G & A LONG TERM DISABILITY 75.48CABLE TV G & A LIFE INSURANCE 45.71CABLE TV G & A LONG TERM DISABILITY 27.38HOUSING REHAB G & A LIFE INSURANCE 18.64HOUSING REHAB G & A LONG TERM DISABILITY 156.88WATER UTILITY G&A LIFE INSURANCE 100.68WATER UTILITY G&A LONG TERM DISABILITY 83.25SEWER UTILITY G&A LIFE INSURANCE 67.78SEWER UTILITY G&A LONG TERM DISABILITY 33.49SOLID WASTE G&A LIFE INSURANCE 22.79SOLID WASTE G&A LONG TERM DISABILITY 22.02ENVIRONMENT & SUSTAINABILITY LIFE INSURANCE 14.96ENVIRONMENT & SUSTAINABILITY LONG TERM DISABILITY 85.84STORM WATER UTILITY G&A LIFE INSURANCE 47.65STORM WATER UTILITY G&A LONG TERM DISABILITY 8,131.29EMPLOYEE FLEX SPEND G&A LIFE INSURANCE 171.13ORGANIZED REC G & A LIFE INSURANCE 120.17ORGANIZED REC G & A LONG TERM DISABILITY 200.91PARK MAINTENANCE G & A LIFE INSURANCE 125.76PARK MAINTENANCE G & A LONG TERM DISABILITY 27.75NATURAL RESOURCES G & A LIFE INSURANCE 18.96NATURAL RESOURCES G & A LONG TERM DISABILITY 86.21WESTWOOD G & A LIFE INSURANCE 52.18WESTWOOD G & A LONG TERM DISABILITY 132.28REC CTR DIV NON DPT BUDGET LIFE INSURANCE 90.09REC CENTER SALARIES LONG TERM DISABILITY 87.69VEHICLE MAINTENANCE G&A LIFE INSURANCE 59.85VEHICLE MAINTENANCE G&A LONG TERM DISABILITY 17,680.97 191.40LITIN PAPER, PACKAGING & CONVERTING POLICE G & A OFFICE SUPPLIES 191.40 79.00LOCKGUARD INC REC CENTER BUILDING OPERATIONAL SUPPLIES City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 24 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 24Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 79.00 30,040.99LOCKRIDGE GRINDAL NAUEN PLLP REILLY G & A LEGAL SERVICES 30,040.99 2,526.67LOFFLER COMPANIES IT G & A OFFICE EQUIPMENT 225.00POLICE G & A OFFICE EQUIPMENT 2,751.67 35,870.00LOGISIT G & A COMPUTER SERVICES 14,350.09TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 50,220.09 337.60LONGWORTH JACOB WATER UTILITY G&A GENERAL CUSTOMERS 337.60 1,525.38LUBE-TECH & PARTNERS LLC VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 1,525.38 70.62LYNCH, DEBRA ASSESSING G & A MILEAGE-PERSONAL CAR 70.62 2,259.86MACQUEEN EQUIP CO GENERAL FUND BALANCE SHEET INVENTORY 242.96SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 2,389.75GENERAL REPAIR EQUIPMENT MTCE SERVICE 4,892.57 85.64MANDLE SHAYE & LYNN WATER UTILITY G&A GENERAL CUSTOMERS 85.64 26,052.76MANSFIELD OIL COMPANY GENERAL FUND BALANCE SHEET INVENTORY 26,052.76 226.12MARTENS, AFTON JOINT COMM POLICE PARTNERSHIP MEETING EXPENSE 226.12 1,275.83MASTER TECHNOLOGY GROUP PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES 1,275.83 300.30MAURER JUSTIN WATER UTILITY G&A TRAINING 300.30 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 25 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 25Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 105.00MAWANDA ISHAKA SOCCER OTHER CONTRACTUAL SERVICES 105.00 15.00MAZONDE CHIEDZA WATER UTILITY G&A GENERAL CUSTOMERS 15.00 36.71MCCONNELL, BECKY WESTWOOD G & A GENERAL SUPPLIES 183.00WESTWOOD G & A TRAINING 10.58FAMILY PROGRAMS GENERAL SUPPLIES 230.29 394,797.35MCCROSSAN INC, C S CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 394,797.35 225.00MCMONIGAL ARCHITECTS LLC MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES 225.00 100.00MECAENGINEERING G & A SUBSCRIPTIONS/MEMBERSHIPS 680.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT 780.00 458.97MELEYCO PARTNERSHIP NO 2 WATER UTILITY G&A GENERAL CUSTOMERS 458.97 28.43MENARDSPAINTINGOTHER IMPROVEMENT SUPPLIES 133.11WATER UTILITY G&A GENERAL SUPPLIES 67.84PARK MAINTENANCE G & A GENERAL SUPPLIES 22.34IRRIGATION MAINTENANCE OTHER IMPROVEMENT SUPPLIES 14.88PARK BUILDING MAINTENANCE BUILDING MTCE SERVICE 3.78PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 36.83WESTWOOD G & A OFFICE SUPPLIES 82.92WESTWOOD G & A GENERAL SUPPLIES 2.14HALLOWEEN PARTY GENERAL SUPPLIES 392.27 31,326.46METHODIST HOSPITAL SEWER UTILITY G&A GENERAL CUSTOMERS 31,326.46 400.00METRO CHIEF FIRE OFFICERS ASSN OPERATIONS SUBSCRIPTIONS/MEMBERSHIPS 400.00 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 26 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 26Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 804.00METRO VOLLEYBALL OFFICIALS ASSOC. VOLLEYBALL OTHER CONTRACTUAL SERVICES 804.00 29,521.80METROPOLITAN COUNCIL INSPECTIONS G & A DUE TO OTHER GOVTS 9,660.47REILLY BUDGET CLEANING/WASTE REMOVAL SERVICE 355,300.85OPERATIONSCLEANING/WASTE REMOVAL SERVICE 394,483.12 25.80MIDWEST BADGE & NOVELTY CO POLICE G & A OPERATIONAL SUPPLIES 25.80 4,120.00MIDWEST GROUNDCOVER PLAYGROUND EQUIPMENT MAINTENAN OTHER IMPROVEMENT SUPPLIES 2,600.00PLAYGROUND EQUIPMENT MAINTENAN LANDSCAPING SERVICE 6,720.00 3,165.00MIGHTY DOG MEDIA COMM & MARKETING G & A ADVERTISING 3,165.00 150.00MILLER, MELISSA ORGANIZED REC G & A PROGRAM REVENUE 150.00 44.14MINIKAHDA VISTA NEIGHBORHOOD ASSN NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 44.14 432.90MINNEAPOLIS FINANCE DEPT PAWN FEES OTHER CONTRACTUAL SERVICES 432.90 296.23MINNEAPOLIS OXYGEN CO HOLIDAY PROGRAMS GENERAL SUPPLIES 296.23 477.34MINNESOTA CHILD SUPPORT PYT CTR EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS 477.34 600.00MINNESOTA DEPARTMENT OF HEALTH PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 600.00 225.00MINNESOTA DEPT AGRICULTURE NATURAL RESOURCES G & A GENERAL SUPPLIES 225.00 1,788.79MINNESOTA DEPT COMMERCE GENERAL FUND BALANCE SHEET CLEARING ACCOUNT City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 27 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 27Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 1,788.79 46.00MINNESOTA DEPT OF HEALTH WATER UTILITY G&A LICENSES 46.00 165.00MINNESOTA NATURALISTS ASSOC WESTWOOD G & A TRAINING 165.00 110.00MINNESOTA POLLUTION CONTROL AGENCY SEWER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 110.00 510.00MINNESOTA RURAL WATER ASSOC WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 510.00 545.00MINNESOTA SAFETY COUNCIL HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPS 545.00 278.00MINNESOTA STATE AUDITOR FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT 278.00 506.30MINNESOTA WANNER COMPANY REC CENTER BUILDING GENERAL SUPPLIES 473.15ARENA MAINTENANCE BUILDING MTCE SERVICE 979.45 220.00MINUTEMAN PRESS COMM & MARKETING G & A OFFICE SUPPLIES 220.00 3.48MINVALCO INC FACILITIES MCTE G & A GENERAL SUPPLIES 3.48 60.00MN DEPT LABOR & INDUSTRY WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 60.00 2,721.45MOHR, MARVIN STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 2,721.45 17,000.00MOORE RAFIK ESCROWS PMC ESCROW 17,000.00 3,385.00MOST DEPENDABLE FOUNTAINS PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 3,385.00 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 28 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 28Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 720.00MOTOROLACOMMUNICATIONS/GV REIMBURSEABL OPERATIONAL SUPPLIES 720.00 220.00MRA-THE MANAGEMENT ASSOC INSPECTIONS G & A TRAINING 220.00 185.00MRPASOFTBALLOTHER CONTRACTUAL SERVICES 185.00 593.24NAPA (GENUINE PARTS CO)GENERAL FUND BALANCE SHEET INVENTORY 81.42PUBLIC WORKS OPS G & A SMALL TOOLS 34.80WATER UTILITY G&A EQUIPMENT PARTS 54.20REC CENTER BUILDING OPERATIONAL SUPPLIES 175.38VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 11.94VEHICLE MAINTENANCE G&A SMALL TOOLS 950.98 14.49NARTEC INC POLICE G & A OPERATIONAL SUPPLIES 14.49 379.40ND CHILD SUPPORT DIVISION EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS 379.40 1,125.00NIMNAUTH OMADAI RIGHT-OF-WAY OTHER CONTRACTUAL SERVICES 1,125.00 766.63NORTH AMERICAN SAFETY INC PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES 660.00WATER UTILITY G&A OPERATIONAL SUPPLIES 1,426.63 10,555.00NORTH METRO COMPANIES CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 2,770.00STORM WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI 13,325.00 58.46NORTH TITLE INC WATER UTILITY G&A GENERAL CUSTOMERS 58.46 563.76NORTHERN SAFETY TECHNOLOGY INC GENERAL FUND BALANCE SHEET INVENTORY 563.76 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 29 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 29Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 47.14NYGAARD JORDAN WATER UTILITY G&A GENERAL CUSTOMERS 47.14 4,393.39NYSTROM PUBLISHING COMM & MARKETING G & A POSTAGE 6,264.63COMM & MARKETING G & A PRINTING & PUBLISHING 10,658.02 600.00OAK KNOLL ANIMAL HOSPITAL POLICE G & A OTHER CONTRACTUAL SERVICES 600.00 11.78OFFICE DEPOT ADMINISTRATION G & A OFFICE SUPPLIES 59.98ADMINISTRATION G & A GENERAL SUPPLIES 162.86HUMAN RESOURCES OFFICE SUPPLIES 58.62HUMAN RESOURCES GENERAL SUPPLIES 245.00COMM & MARKETING G & A POSTAGE 123.37COMM & MARKETING G & A PRINTING & PUBLISHING 174.08FINANCE G & A OFFICE SUPPLIES 644.85POLICE G & A OFFICE SUPPLIES 7.27POLICE G & A OPERATIONAL SUPPLIES 89.50INSPECTIONS G & A GENERAL SUPPLIES 71.78PUBLIC WORKS G & A OFFICE SUPPLIES 99.01PUBLIC WORKS OPS G & A OFFICE SUPPLIES 3.80WATER UTILITY G&A OFFICE SUPPLIES 53.92ORGANIZED REC G & A CONCESSION SUPPLIES 1,805.82 3,047.70OFFICE TEAM HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 3,897.50COMM & MARKETING G & A GENERAL PROFESSIONAL SERVICES 2,876.80INSPECTIONS G & A GENERAL PROFESSIONAL SERVICES 3,262.29PUBLIC WORKS G & A OTHER CONTRACTUAL SERVICES 13,084.29 1,111.26OLSON, ROBERT TREE MAINTENANCE TREE MAINTENANCE 1,111.26 53.00ON SITE SANITATION FIELD MAINT OTHER CONTRACTUAL SERVICES 53.00 288.52OXYGEN SERVICE COMPANY INC OPERATIONS OPERATIONAL SUPPLIES 288.52 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 30 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 30Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 1,036.38PARK ADAM TRANSPORTATION HALLOWEEN PARTY OTHER CONTRACTUAL SERVICES 1,036.38 26,416.51-PARK CONSTRUCTION CO STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGE 528,330.25CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 501,913.74 106.00PATROL PC GENERAL FUND BALANCE SHEET INVENTORY 106.00 1,900.00PENN CYCLE & FITNESS POLICE GRANTS & E-911BUDGET OTHER CONTRACTUAL SERVICES 1,900.00 884.34PETERSON, JOHN EMPLOYEE FLEX SPEND G&A TUITION 884.34 20.99PETERSON, PAUL WATER UTILITY G&A GENERAL CUSTOMERS 20.99 250.00PETTY CASH GENERAL FUND BALANCE SHEET PETTY 13.64ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICES 8.59IT G & A GENERAL SUPPLIES 63.02IT G & A POSTAGE 24.02IT G & A MILEAGE-PERSONAL CAR 9.80POSTAL SERVICES POSTAGE 18.00FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT 9.00FINANCE G & A BANK CHARGES/CREDIT CD FEES 8.50COMM DEV PLANNING G & A MEETING EXPENSE 40.00POLICE G & A SEMINARS/CONFERENCES/PRESENTAT 20.00POLICE G & A TRAVEL/MEETINGS 11.27INSPECTIONS G & A GENERAL SUPPLIES 50.03PUBLIC WORKS G & A TRAINING 38.00PUBLIC WORKS OPS G & A LICENSES 20.00HOUSING REHAB G & A MEETING EXPENSE 6.65WATER UTILITY G&A GENERAL SUPPLIES 3.85WATER UTILITY G&A OPERATIONAL SUPPLIES 50.04WATER UTILITY G&A TRAINING 57.00WATER UTILITY G&A LICENSES 40.00SOLID WASTE G&A MEETING EXPENSE 6.50ENVIRONMENT & SUSTAINABILITY MEETING EXPENSE 19.00PARK MAINTENANCE G & A LICENSES City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 31 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 31Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 21.46PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 3.96VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 792.33 3,464.04PFM ASSET MANAGEMENT CITY POOLED INVESTMENTS BANK CHARGES/CREDIT CD FEES 3,464.04 275.00PHILIP'S TREE CARE INC BEAUTIFICATION / FLOWERS CLEANING/WASTE REMOVAL SERVICE 275.00 2,322.00PHYSIO-CONTROL INC OPERATIONS REPAIRS 2,322.00 92.94PIEHL, BRIAN REFORESTATION FUND OTHER CONTRACTUAL SERVICES 92.94 1,008.42-PINNACLE WALL SYSTEMS CAPITAL REPLACEMENT B/S RETAINED PERCENTAGE 20,168.50MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 19,160.08 1,527.01PLAISTED COMPANIES INC PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 1,527.01 220.00PLEAACLERICALTRAINING 220.00 1,380.76POMP'S TIRE SERVICE INC GENERAL FUND BALANCE SHEET INVENTORY 1,380.76 37.55PRECISE MRM LLC PUBLIC WORKS OPS G & A OTHER IMPROVEMENT SUPPLIES 182.06PUBLIC WORKS OPS G & A MACHINERY & AUTO EQUIPMENT 182.07WATER UTILITY G&A MACHINERY & AUTO EQUIPMENT 182.07SEWER UTILITY G&A MACHINERY & AUTO EQUIPMENT 182.07STORM WATER UTILITY G&A MACHINERY & AUTO EQUIPMENT 765.82 68.99PREMIUM WATERS INC OPERATIONS OPERATIONAL SUPPLIES 68.99 120.00PRINTERS SERVICE INC ARENA MAINTENANCE EQUIPMENT MTCE SERVICE 120.00 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 32 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 32Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 2,000.00PUBLIC TECHNOLOGY INSTITUTE CABLE TV G & A OTHER CONTRACTUAL SERVICES 2,000.00 900.00Q CONSULTING TECHNOLOGY REPLACEMENT OTHER CONTRACTUAL SERVICES 900.00 800.62QUALIFICATION TARGETS INC POLICE G & A POLICE EQUIPMENT 800.62 65.02QUICKSILVER EXPRESS COURIER HUMAN RESOURCES GENERAL SUPPLIES 80.30VEHICLE MAINTENANCE G&A POSTAGE 145.32 47.00R & R SPECIALTIES AQUATIC PARK BUDGET BUILDING MTCE SERVICE 913.69AQUATIC PARK BUDGET EQUIPMENT MTCE SERVICE 1,848.00RECREATION OUTDOOR CENTER OTHER CONTRACTUAL SERVICES 2,808.69 3,220.44RANDY'S ENVIORMENTAL SERVICES FACILITIES MCTE G & A GARBAGE/REFUSE SERVICE 237.20GRANTSOTHER CONTRACTUAL SERVICES 1,651.94REC CENTER BUILDING GARBAGE/REFUSE SERVICE 5,109.58 3,500.00REALTY PROS LLC ESCROWS PMC ESCROW 3,500.00 97.14REGENCY BUSINESS SOLUTIONS POLICE G & A OFFICE SUPPLIES 97.14 194.20RHOMAR INDUSTRIES INC VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 194.20 480.00RICHTER, SCOTT GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 480.00 4,182.93RICOH USA INC IT G & A EQUIPMENT MTCE SERVICE 4,182.93 60.75RIDGEWAY, MARK WATER UTILITY G&A GENERAL CUSTOMERS 60.75 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 33 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 33Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 446.00ROBERTS JOHN COMM & MARKETING G & A PRINTING & PUBLISHING 446.00 36.25ROSENBAUER MINNESOTA LLC GENERAL FUND BALANCE SHEET INVENTORY 36.25 14.84ROSHOLT, PAUL OPERATIONS SEMINARS/CONFERENCES/PRESENTAT 14.84 20.55ROYTBURG, YANA WATER UTILITY G&A GENERAL CUSTOMERS 20.55 10.00ROZMAN, MICHELLE ART PROGRAM REVENUE 10.00 1,530.00RSP ARCHITECTS LTD INSPECTIONS G & A GENERAL PROFESSIONAL SERVICES 1,530.00 741.75SAFE-FAST INC WATER UTILITY G&A OPERATIONAL SUPPLIES 741.75 11,656.20SAFETY SIGNS CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 11,656.20 90.00SAM'S CLUB POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 41.50POLICE G & A MEETING EXPENSE 50.50NEIGHBORHOOD OUTREACH OPERATIONAL SUPPLIES 135.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPS 135.00PUBLIC WORKS G & A SUBSCRIPTIONS/MEMBERSHIPS 370.00ORGANIZED REC G & A SUBSCRIPTIONS/MEMBERSHIPS 212.96HOLIDAY PROGRAMS GENERAL SUPPLIES 45.00PARK MAINTENANCE G & A SUBSCRIPTIONS/MEMBERSHIPS 78.60PARK MAINTENANCE G & A TRAINING 45.00WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPS 588.90HALLOWEEN PARTY GENERAL SUPPLIES 79.68HOME SCHOOL CONCESSION SUPPLIES 1,872.14 421.21SCAN AIR FILTER INC REC CENTER BUILDING GENERAL SUPPLIES 421.21 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 34 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 34Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 149.70SCHAAKE COMPANY, AJ HUMAN RESOURCES RECOGNITION 149.70 1,000.00SCHMIST, DALTON ESCROWS PMC ESCROW 1,000.00 932.12SCHMITZ AMBER INSTRUCTIONAL SKATING LESSONS OPERATIONAL SUPPLIES 932.12 8.42SCHUG, GARY WATER UTILITY G&A GENERAL CUSTOMERS 8.42 45.35SCHWARTZ, MATTHEW WATER UTILITY G&A GENERAL CUSTOMERS 45.35 117.92SELA GROUP LLC WATER UTILITY G&A GENERAL CUSTOMERS 117.92 446.21SHILOG LTD WATER UTILITY G&A OPERATIONAL SUPPLIES 446.20SEWER UTILITY G&A OPERATIONAL SUPPLIES 892.41 138.45SHIRLEY, TED WATER UTILITY G&A GENERAL CUSTOMERS 138.45 26,094.79SHORT ELLIOTT HENDRICKSON, INC.STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 26,094.79 28.50SHRED-IT USA MINNEAPOLIS ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICES 25.90FINANCE G & A GENERAL PROFESSIONAL SERVICES 142.46POLICE G & A OTHER CONTRACTUAL SERVICES 196.86 2,004.34SIMPLEXGRINNELL LP UNINSURED LOSS G&A UNINSURED LOSS 2,004.34 335.27SIR KNIGHT CLEANERS OPERATIONS REPAIRS 335.27 249.17SITEONE LANDSCAPE SUPPLY LLC IRRIGATION MAINTENANCE OTHER IMPROVEMENT SUPPLIES City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 35 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 35Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 249.17 303.14SKELLY, GABRIEL NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 303.14 1,889.40SLP FF ASSOC IAFF LOCAL #993 EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES 1,889.40 102.00SMITH, PERRY SOFTBALL OTHER CONTRACTUAL SERVICES 102.00 2,025.00SMSC ENTERPRISES PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 2,025.00 11,150.00SPACK CONSULTING ENGINEERING G & A GENERAL PROFESSIONAL SERVICES 5,775.00STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 16,925.00 1,243.26SPARKLE WASH INC PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES 1,243.26 2,248.32SPRINTIT G & A DATACOMMUNICATIONS 2,824.53CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 5,072.85 95.23SPS COMPANIES INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 47.15REILLY BUDGET OTHER IMPROVEMENT SERVICE 240.36PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 382.74 72,530.51ST LOUIS PARK CONV & VISITORS BUREAU CONVENTION & VISITORS BUREAU COST REIMBURSEMENT-CVB 72,530.51 60,000.00ST. LOUIS PARK SCHOOL DIST. 283 PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 60,000.00 21.13STAHL CONSTRUCTION INSPECTIONS G & A BUILDING 21.13 211.38STAR TRIBUNE ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS 211.38 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 36 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 36Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 5.60STONEBROOKE EQUIPMENT INC GENERAL FUND BALANCE SHEET INVENTORY 5.60 75.00STRASSBURG EMILEE GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 75.00 521.93STREICHER'S WATER UTILITY G&A SMALL TOOLS 521.93 95.85STROHL, JUDITH REFORESTATION FUND OTHER CONTRACTUAL SERVICES 95.85 37,266.49SUMMIT ENVIROSOLUTIONS INC REILLY BUDGET GENERAL PROFESSIONAL SERVICES 37,266.49 69.60SUMMIT FIRE PROTECTION OPERATIONS FIRE ALARM & SPRINKLER 69.60 225.00TEA2MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES 225.00 145.77TELELANGUAGE INC ADMINISTRATION G & A OTHER CONTRACTUAL SERVICES 145.77 444.13TERMINAL SUPPLY CO GENERAL REPAIR GENERAL SUPPLIES 444.13 80.50TERMINIX INT BRICK HOUSE (1324)BUILDING MTCE SERVICE 80.50WW RENTAL HOUSE (1322)BUILDING MTCE SERVICE 161.00 1,125.00THE JOHN ROBERTS COMPANY COMM & MARKETING G & A PRINTING & PUBLISHING 1,125.00 157.97THE MPX GROUP COMM & MARKETING G & A PRINTING & PUBLISHING 157.97 574.87THE SHERWINN WILLIAMS CO MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 85.64PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 660.51 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 37 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 37Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 41.75THOMPSON, HOLLY INSTRUCTIONAL SKATING LESSONS OPERATIONAL SUPPLIES 85.00INSTRUCTIONAL SKATING LESSONS SUBSCRIPTIONS/MEMBERSHIPS 126.75 408.00THOMPSON, JAMES SOFTBALL OTHER CONTRACTUAL SERVICES 408.00 93.55THOMSON REUTERS WEST PAYMENT CENTER HUMAN RESOURCES GENERAL SUPPLIES 93.55 18.79THONIES, BRAD WATER UTILITY G&A GENERAL CUSTOMERS 18.79 60.03THRESHOLD HOLDINGS LLC WATER UTILITY G&A GENERAL CUSTOMERS 60.03 210.00TIKH, MIKHAIL GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 210.00 764.25TIMESAVER OFF SITE SECRETARIAL ADMINISTRATION G & A OTHER CONTRACTUAL SERVICES 764.25 359.60TKDAWATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 1,475.58WATER UTILITY G&A ENGINEERING SERVICES 1,835.18 33.16TOBIN DAVID WATER UTILITY G&A GENERAL CUSTOMERS 33.16 874.08TRANSPORT GRAPHICS GENERAL FUND BALANCE SHEET INVENTORY 874.08 40,137.00TRUNORTH SOLAR GENERAL FUND G&A GENERAL PROFESSIONAL SERVICES 20,880.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 61,017.00 280.00TWIN CITY GARAGE DOOR CO FACILITIES MCTE G & A BUILDING MTCE SERVICE 2,051.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 2,331.00 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 38 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 38Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 300.00TWIN CITY SIGN INSTALLATIONS SSD 1 G&A OTHER CONTRACTUAL SERVICES 250.00SSD 2 G&A OTHER CONTRACTUAL SERVICES 200.00SSD 3 G&A OTHER CONTRACTUAL SERVICES 150.00SSD #4 G&A OTHER CONTRACTUAL SERVICES 1,000.00SSD #5 G&A OTHER CONTRACTUAL SERVICES 1,900.00 720.00UHL CO INC COP SHOP OTHER CONTRACTUAL SERVICES 10,896.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 5,176.08TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 509.50PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICES 509.50WESTWOOD G & A OTHER CONTRACTUAL SERVICES 17,811.08 106.00UNITED WAY OF MINNEAPOLIS AREA EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAY 106.00 2,375.00UNIVERSITY OF MINNESOTA ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT 2,375.00 180.00UNO DOS TRES COMMUNICATIONS POLICE G & A OTHER CONTRACTUAL SERVICES 180.00 200.00VAIL, LORI HUMAN RESOURCES RECOGNITION 200.00 356.79VANCE TOM WATER UTILITY G&A GENERAL CUSTOMERS 356.79 21.94VAUGHAN, JIM NATURAL RESOURCES G & A MILEAGE-PERSONAL CAR 21.94 40.00VERIFIED CREDENTIALS HUMAN RESOURCES RECRUITMENT 40.00 50.04VERIZON WIRELESS SEWER UTILITY G&A TELEPHONE 26,237.22CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 70.36CELLPHONES, IPADS, ETC.TELEPHONE 26,357.62 204.21VIKING INDUSTRIAL CTR WATER UTILITY G&A OPERATIONAL SUPPLIES City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 39 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 39Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 204.21 195.00WARNING LITES OF MN INC SEALCOAT PREPARATION OTHER CONTRACTUAL SERVICES 3,212.00CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 3,407.00 288.73WATER CONSERVATION SERVICE INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 288.73 54.24WATERMARK TITLE AGENCY WATER UTILITY G&A GENERAL CUSTOMERS 54.24 1,012.00WHEELER LUMBER LLC PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIES 1,012.00 2,065.50WHITE, BRIAN SOFTBALL OTHER CONTRACTUAL SERVICES 2,065.50 10,946.00WILSONS NURSERY INC CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 1,619.00STORM WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI 12,565.00 619.71WINSUPPLY OF EDEN PRAIRIE SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES 619.71 507.82WIPERS & WIPES INC VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 507.82 67,500.00WOODDALE FLATS, LLC ESCROWS GENERAL 67,500.00 883.00WSB ASSOC INC PARK IMPROVE CAPITAL PROJECT GENERAL PROFESSIONAL SERVICES 63,238.29STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 1,513.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 1,679.00TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 67,313.29 755.58WYATT, LISA NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 755.58 113.88XCEL ENERGY ESCROWS PLACE City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 40 11/27/2017CITY OF ST LOUIS PARK 16:27:24R55CKS2 LOGIS400V 40Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 11/24/201710/28/2017 - Amount ObjectVendorBU Description 13,870.26FACILITIES MCTE G & A ELECTRIC SERVICE 22.68OPERATIONSEMERGENCY PREPAREDNESS 20,886.08PUBLIC WORKS OPS G & A ELECTRIC SERVICE 24,524.98WATER UTILITY G&A ELECTRIC SERVICE 1,811.76REILLY BUDGET ELECTRIC SERVICE 3,759.14SEWER UTILITY G&A ELECTRIC SERVICE 3,130.61STORM WATER UTILITY G&A ELECTRIC SERVICE 640.08WESTWOOD G & A ELECTRIC SERVICE 17,975.62REC CENTER BUILDING ELECTRIC SERVICE 86,735.09 7,345.00YTS COMPANIES LLC TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICE 9,907.00TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICE 17,252.00 54.95ZIEBART OF MINNESOTA INC GENERAL REPAIR EQUIPMENT MTCE SERVICE 54.95 20.96ZIEGLER INC GENERAL FUND BALANCE SHEET INVENTORY 20.96 119.22ZIP PRINTING NATURAL RESOURCES G & A OTHER IMPROVEMENT SUPPLIES 119.22 1,575.00ZUERCHER TECHNOLOGIES LLC POLICE & FIRE PENSION G&A MACHINERY & AUTO EQUIPMENT 1,575.00 Report Totals 4,612,460.70 City Council Meeting of December 4, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 41 Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Second Reading of Ordinance Prohibiting Sale of Flavored Tobacco Products RECOMMENDED ACTION: Motion to approve Second Reading and Adopt Ordinance prohibiting the sale of flavored tobacco products and to approve the summary ordinance for publication. POLICY CONSIDERATION: Does the Council agree the restriction on the sale of flavored tobacco products is a benefit to the community’s public health? SUMMARY: During the October 2, 2017 Study Session the Council discussed possible regulation of various flavored tobacco products and reviewed a draft ordinance as prepared by the City Attorney. On November 20, 2017, Council held a public hearing and approved the first reading of the ordinance prohibiting the sale of flavored tobacco products. Prohibiting the sale of flavored tobacco products, which includes cigars, e-cigs, vaping liquid and all other tobacco products that have any added flavor other than menthol, mint and wintergreen, would be the same for all retailers. Menthol, mint and wintergreen have been in regular use for many decades and historically have not directly been marketed to youth. Menthol, mint and wintergreen would be exempt from the list of prohibited flavored tobacco products as presented in the proposed ordinance. Upon further review by the City Attorney the ordinance for the second reading has some minor revisions. Attached is an outline of the revisions being proposed in the ordinance for the second reading and adoption. Publication of the summary ordinance will occur December 14, 2017 and the effective date for the ordinance is specified as May 1, 2018. Delayed implementation allows retailers sufficient time to sell their inventory of flavored tobacco products regulated under this ordinance. Staff will conduct annual inspections near this date to assist store operators with ensuring all flavored tobacco products have been removed from the premises. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Ordinance Summary Ordinance Prepared by: Ann Boettcher Inspection Services Manager Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 4b) Page 2 Title: Second Reading of Ordinance Prohibiting Sale of Flavored Tobacco Products DISCUSSION Upon further review by the City Attorney the following minor revisions are being proposed as part of the second reading of the ordinance: • Clarified language to be more inclusive of products by removing the word tobacco from the last sentence. Section 1. Definitions. Flavored product means any tobacco product, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product that contains a taste or smell, other than the taste or smell of tobacco, menthol, mint or wintergreen that is distinguishable by an ordinary customer either prior to or during the consumption of the tobacco product, electronic delivery device, or nicotine or lobelia delivery product, including, but not limited to, any taste or smell relating to chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, fruit, herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a tobacco product, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such product or device, that the product or device has or produces a taste or smell other than tobacco, menthol, mint or wintergreen shall constitute presumptive evidence that the product or device is a flavored tobacco product. • Clarifying definition of tobacco products by adding a third paragraph. Section 1. Definitions. Tobacco product means tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products as those terms are defined in this section. • This change is to clarify that the City’s penalties are more stringent and applicable than the administrative penalties provided for in Minn. Stat. § 461.12. Section 4. Sec. 8-374(c). Deleted the last sentence from that section. (c) No person shall sell, offer to sell or distribute liquid, whether or not such liquid contains nicotine that is intended for human consumption and use in an electronic delivery device that is not contained in child-resistant packaging as that term is defined in Code of Federal Regulations, title 16, section 1700.15 (b)(1), as in effect on January 1, 2015. A licensee that fails to comply with this subpart is subject to administrative penalty pursuant to Minn. Stat. § 461.12, subd. 2. • Clarifying the penalty for products not contained in child-resistant packaging and renumbering the paragraphs because of the addition. Section 8. Sec.8-378(4) becomes (5) and a new section is added and numbered (4) (4) Misdemeanor for anyone to sell, offer to sell or distribute liquid, whether or not such liquid contains nicotine, that is intended for human consumption and use in an electronic delivery device that is not contained in child-resistant packaging as that term is defined in Code of Federal Regulations, title 16, section 1700.15 (b)(1), as in effect on January 1, 2015. (4 5) Petty misdemeanor for anyone under the age of 21 years to sell, furnish or give away any tobacco, tobacco-related device, or electronic delivery device, nicotine or lobelia delivery product. This subsection shall not apply to a person age 18-20 years while working as an employee of a business holding a license granted pursuant to this subdivision. City Council Meeting of December 4, 2017 (Item No. 4b) Page 3 Title: Second Reading of Ordinance Prohibiting Sale of Flavored Tobacco Products ORDINANCE NO. ____-17 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 8 OF THE ST. LOUIS PARK CITY CODE RELATING TO TOBACCO THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 8-1 of the City Code shall be amended by adding the following definition: Flavored product means any tobacco product, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product that contains a taste or smell, other than the taste or smell of tobacco, menthol, mint or wintergreen that is distinguishable by an ordinary customer either prior to or during the consumption of the tobacco product, electronic delivery device, or nicotine or lobelia delivery product, including, but not limited to, any taste or smell relating to chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, fruit, herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a tobacco product, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such product or device, that the product or device has or produces a taste or smell other than tobacco, menthol, mint or wintergreen shall constitute presumptive evidence that the product or device is a flavored tobacco product. Nicotine or lobelia delivery product means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such product, that is not a tobacco product or an electronic delivery device, as defined in this section. Nicotine or lobelia delivery product does not include any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco- dependence product, or for other medical purposes, and is marketed and sold for such approved purpose. Tobacco product means tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products as those terms are defined in this section. SECTION 2. Section 8-372 of the City Code shall be amended by deleting the strikethrough language and adding the underlined language as follows: Sec. 8-372. License required. (a) No person shall sell or offer to sell any tobacco, tobacco-related device, or electronic delivery device, or nicotine or lobelia delivery product without first having obtained a license to do so from the city. City Council Meeting of December 4, 2017 (Item No. 4b) Page 4 Title: Second Reading of Ordinance Prohibiting Sale of Flavored Tobacco Products (b) No license shall be issued for the sale of tobacco, tobacco-related device, or electronic delivery device, or nicotine or lobelia delivery product at any place other than the applicant’s place of business; nor shall any single license be issued at more than one place of business. (c) Complete applications shall be reviewed by the city for verification and investigation of the facts set forth in the application, including criminal background investigation of the applicant. The city may order and conduct such additional investigation as deemed necessary. (d) The city 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. (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. SECTION 3. Section 8-373 of the City Code shall be amended by deleting the strikethrough language and adding the underlined language as follows: Sec. 8-373. Denial of license. The following will be grounds for denying the issuance or renewal of a license under this subdivision, and if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section: (1) The applicant is under the age of 18 years. (2) The applicant has been convicted of any violation of federal, state or local law, ordinance or other regulation relating to tobacco, tobacco-related devices, or electronic delivery devices, nicotine or lobelia delivery products or drug paraphernalia. (3) The applicant has had a license to sell tobacco, tobacco-related devices, or electronic delivery devices or nicotine or lobelia delivery products revoked. (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 federal, state or other local law, ordinance or other regulation from holding a license under this subdivision. SECTION 4. Section 8-374 of the City Code shall be amended by deleting the strikethrough language and adding the underlined language as follows: Sec. 8-374. Regulations Adopted. City Council Meeting of December 4, 2017 (Item No. 4b) Page 5 Title: Second Reading of Ordinance Prohibiting Sale of Flavored Tobacco Products (a) It shall be a violation of this subdivision for any person to sell or offer to sell any tobacco, tobacco-related device, or electronic delivery device or nicotine or lobelia delivery product: (1) To any person under the age of 21 years. (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 in order to receive the tobacco, tobacco-related device, or electronic delivery device or nicotine or lobelia delivery product. All such products shall be stored behind a counter or other area not freely accessible to customers. (4) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana or other type of deleterious, hallucinogenic or toxic or controlled substance, except nicotine, and not naturally found in tobacco, tobacco-related devices or electronic delivery devices. (5) By any other means or to any other person prohibited by federal, state or other local laws, ordinances or other regulations. (6) That meets the definition of flavored product. (b) Tobacco sSampling of tobacco, electronic delivery devices or nicotine or lobelia delivery products within an establishment selling any tobacco, tobacco product, or tobacco related devices, electronic delivery devices or nicotine or lobelia delivery product is prohibited. (c) No person shall sell, offer to sell or distribute liquid, whether or not such liquid contains nicotine that is intended for human consumption and use in an electronic delivery device that is not contained in child-resistant packaging as that term is defined in Code of Federal Regulations, title 16, section 1700.15 (b)(1), as in effect on January 1, 2015. A licensee that fails to comply with this subpart is subject to administrative penalty pursuant to Minn. Stat. § 461.12, subd. 2. SECTION 5. Section 8-375 of the City Code shall be amended by deleting the strikethrough language and adding the underlined language as follows: Sec. 8-375. Responsibility for sales. Actions of their employees in regard to the sale of tobacco, tobacco-related devices, or electronic delivery devices, or nicotine or lobelia delivery products by an employee shall be considered a sale by the licensed owner. SECTION 6. Section 8-376 of the City Code shall be amended by deleting the strikethrough language and adding the underlined language as follows: Sec. 376. Compliance checks and inspections. All premises licensed under this subdivision shall be open to inspection by the city during regular business hours. From time to time the city may conduct compliance checks by engaging minors persons over 15 years of age but under 21 years of age to enter the licensed premises to attempt to purchase tobacco, tobacco-related devices, or electronic delivery devices. or nicotine or lobelia delivery products. City Council Meeting of December 4, 2017 (Item No. 4b) Page 6 Title: Second Reading of Ordinance Prohibiting Sale of Flavored Tobacco Products SECTION 7. Section 8-377 of the City Code shall be amended by deleting the strikethrough language and adding the underlined language as follows: Sec. 8-377 Illegal acts. Unless otherwise provided in this subdivision, the following acts shall be a violation of this subdivision: (1) Illegal procurement. It shall be a violation of this subdivision for any person to purchase or attempt to purchase, or otherwise obtain, any tobacco, tobacco-related devices, or electronic delivery device or nicotine or lobelia delivery product on behalf of a person under the age of 21 years. It shall also be a violation of this subdivision for any person to sell or otherwise provide such products to any person under the age of 21 years. It shall be a violation of this subdivision for any person to coerce or attempt to coerce a person under the age of 21 years to illegally purchase or otherwise obtain or use tobacco, tobacco-related device, or electronic delivery device, or nicotine or lobelia delivery product. (2) Use of false identification. It shall be a violation of this subdivision for any person under the age of 21 years to attempt to disguise their true age by use of a false form of identification, whether identification is that of another person or one in which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. SECTION 8. Section 8-378 of the City Code shall be amended by deleting the strikethrough language and adding the underlined language as follows: Sec. 8-378 Violation; penalty. (a) Generally. Any violation of this subdivision shall be grounds to revoke or suspend a license under this subdivision. (b) Criminal penalty. As set forth in M.S.A. ch. 609, it shall be a: (1) Misdemeanor for anyone to sell tobacco, a tobacco-related device, or electronic delivery device or nicotine or lobelia delivery product to a person under the age of 21 years for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a gross misdemeanor. (2) Misdemeanor to furnish tobacco, a tobacco-related device, or electronic delivery device, or nicotine or lobelia delivery product to a person under the age of 21 years. Whoever violates this paragraph a subsequent time is guilty of a gross misdemeanor. (3) Misdemeanor for anyone to sell, or offer to sell a flavored product in violation of section 8-374(a)(6). (4) Misdemeanor for anyone to sell, offer to sell or distribute liquid, whether or not such liquid contains nicotine, that is intended for human consumption and use in an electronic delivery device that is not contained in child-resistant packaging as that term is defined in Code of Federal Regulations, title 16, section 1700.15 (b)(1), as in effect on January 1, 2015. (4 5) Petty misdemeanor for anyone under the age of 21 years to sell, furnish or give away any tobacco, tobacco-related device, or electronic delivery device, nicotine or lobelia delivery product. This subsection shall not apply to a person age 18-20 years while working as an employee of a business holding a license granted pursuant to this subdivision. City Council Meeting of December 4, 2017 (Item No. 4b) Page 7 Title: Second Reading of Ordinance Prohibiting Sale of Flavored Tobacco Products (c) Presumed penalties for Violations: The presumed penalties for violations are as follows (unless specified, numbers below indicate consecutive business days’ suspension): Type of Violation 1st Violation 2nd Violation within 36 months 3rd Violation within 36 months 4th Violation within 36 months 1. Commission of a felony related to the licensed activity. Revocation N/A N/A N/A 2. Sale of tobacco, tobacco-related device, or electronic delivery device or nicotine of lobelia delivery product while license is under suspension. Revocation N/A N/A N/A 3. Sale of tobacco, tobacco-related device, or electronic delivery device, or nicotine or lobelia delivery product to underage person. $500 $1,000 and 1 day $2,000 and 30 days Revocation 4. Refusal to allow government inspectors or police admission to inspect premises. 5 days 15 days Revocation N/A 5. Illegal gambling on premises. 3 days 6 days 18 days Revocation 6. Failure to attend mandatory education training. $250 $750 and 1 day $2,000 and 3 days Revocation 7. Prohibited sale or offer for sale of flavored products. $500 $1,000 and 1 day $2,000 and 30 days Revocation 8. Prohibited sale or offer for sale of liquid intended for human consumption in an electronic delivery device that is not contained in child resistant packaging. $500 $1,000 and and 1 day $2,000 and 30 days Revocation City Council Meeting of December 4, 2017 (Item No. 4b) Page 8 Title: Second Reading of Ordinance Prohibiting Sale of Flavored Tobacco Products The penalty for violations without a presumptive penalty shall be determined by the City Council. The imposition of the presumptive penalty shall be a written notice to the licensee and may be appealed through an administrative hearing process as set by the city manager. 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. (d) Multiple violations: At a licensee’s first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in subsection (B) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council’s discretion. (e) Subsequent violations: Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, 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 appearance before the Council. (f) Subsequent appearances: Upon a second, third, or fourth appearance before the Council by the same licensee, the Council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Section. (g) Computation of violations: Multiple violations are computed by checking the time period of the three (3) years immediately prior to the date of the most current violation. (h) Other penalties: Nothing in this Section shall restrict or limit the authority of the Council to suspend up to sixty (60) days, revoke the license, impose a civil fee not to exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this Chapter. (i) Additional Requirements. In addition to civil penalties, every licensee that has been found in violation of this Chapter must enter into and complete an education training program approved by the City’s Police Department. (j) Exceptions and defenses. Nothing in this subdivision shall prevent the providing of tobacco, tobacco products or tobacco related devices to a person under the age of 21 as part of a bona fide religious, spiritual or cultural ceremony. It shall be an affirmative defense to a violation of this subdivision for a person to have reasonably relied upon proof of age as set forth by state law. City Council Meeting of December 4, 2017 (Item No. 4b) Page 9 Title: Second Reading of Ordinance Prohibiting Sale of Flavored Tobacco Products SECTION 4. This Ordinance shall take effect on May 1, 2018. ADOPTED this ______ day of _______________, 2017, by the City Council of the City of St. Louis Park. Public Hearing November 20, 2017 First Reading November 20, 2017 Second Reading December 4, 2017 Date of Publication December 14, 2017 Date Ordinance takes effect May 1, 2018 Reviewed for Administration Adopted by City Council ____________________________________ ____________________________________ Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: ____________________________________ ____________________________________ Melissa Kennedy, City Clerk Soren Mattick, City Attorney City Council Meeting of December 4, 2017 (Item No. 4b) Page 10 Title: Second Reading of Ordinance Prohibiting Sale of Flavored Tobacco Products SUMMARY FOR PUBLICATION ORDINANCE NO. _____-17 AN ORDINANCE PROHIBITING THE SALE OF FLAVORED TOBACCO This ordinance prohibits the sale flavored tobacco in any licensed tobacco establishment. This includes any tobacco product, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product that contains a taste or smell, other than the taste or smell of tobacco, menthol, mint or wintergreen. This ordinance shall take effect May 1, 2018. Adopted by the City Council December 4, 2017 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 14, 2017 Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Designate Polling Places for 2018 Elections RECOMMENDED ACTION: Motion to Adopt Resolution designating polling places for the 2018 elections. POLICY CONSIDERATION: None SUMMARY: In 2017, the state legislature amended State Statute 204B.16, Subd. 1 to require the governing body of each municipality to designate by resolution a polling place for each election precinct by December 31 of each year. The polling places designated in this resolution will be used for the 2018 election cycle, unless a change is made because of an emergency or because a polling place has become unavailable. Staff has confirmed that each of St. Louis Park’s 16 current polling places is willing to serve as a polling place for the 2018 elections. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: Not applicable Supporting Documents: Resolution Prepared by: Kay Midura, Assistant – City Clerk’s Office Reviewed by: Melissa Kennedy, City Clerk Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 4c) Page 2 Title: Designate Polling Places for 2018 Elections RESOLUTION NO. 17 -_______ RESOLUTION DESIGNATING POLLING PLACES FOR THE 2018 ELECTION CYCLE WHEREAS, the State Primary Election will be held on August 14, 2018, and the State General Election will be held on November 6, 2018; NOW, THEREFORE, BE IT RESOLVED, by the St. Louis Park City Council that the 2018 State Primary and State General elections, as well as any required special elections, will take place at the following precinct polling locations: Ward 1 Precinct 1 – Beth El Synagogue, 5225 Barry St. W. Ward 1 Precinct 2 – Peter Hobart Elementary School, 6500 26th St. W. Ward 1 Precinct 3 – St. Louis Park City Hall, 5005 Minnetonka Blvd. Ward 1 Precinct 4 – Central Community Center, 6300 Walker St. Ward 2 Precinct 5 – Union Congregational Church, 3700 Alabama Ave. S. Ward 2 Precinct 6 – St. Louis Park Recreation Center, 3700 Monterey Dr. Ward 2 Precinct 7 – Susan Lindgren Elementary School, 4801 W 41st St Ward 2 Precinct 8 – Aldersgate United Methodist Church, 3801 Wooddale Ave S Ward 3 Precinct 9 – Prince of Peace Lutheran Church, 8115 State Hwy. No. 7 Ward 3 Precinct 10 – Lenox Community Center, 6715 Minnetonka Blvd. Ward 3 Precinct 11 – St. Louis Park Senior High School, 6425 33rd St. W. Ward 3 Precinct 12 – Aquila Elementary School, 8500 31st St. W. Ward 4 Precinct 13 – Westwood Lutheran Church, 9001 Cedar Lake Road Ward 4 Precinct 14 – Park Assembly Church, 1615 Texas Ave. S. Ward 4 Precinct 15 – Peace Presbyterian Church, 7624 Cedar Lake Road Ward 4 Precinct 16 – St. Louis Park Middle School, 2025 Texas Ave. S. BE IT FURTHER RESOLVED, the City Clerk is with this, authorized to make any changes as deemed necessary in the case of an emergency or if a polling place has become unavailable. Reviewed for Administration Adopted by the City Council December 4, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Resolution Adopting 2018 Liquor License Fees RECOMMENDED ACTION: Motion to Adopt Resolution approving 2018 liquor license fees for the license term March 1, 2018 through March 1, 2019 pursuant to M.S. Section 340A.408 and Section 3-59 of the St. Louis Park City Code. POLICY CONSIDERATION: Does the Council agree with the proposed liquor license fees for 2018? SUMMARY: City Code provisions permit the Council to set liquor license fees annually, by resolution, in amounts no greater than those set forth in M.S. Ch. 340A. The City annually reviews and completes a fee study on the costs of providing license administration and enforcement. Staff has compared the proposed liquor license fees to those of other cities in the metro area and also solicited input from the Police Department to see if any increases are warranted. Based on this analysis and review, staff is not proposing any fee increases for 2018. FINANCIAL OR BUDGET CONSIDERATION: State law sets the limits on the annual fees that may be charged for certain types of liquor licenses. Where there is no state restriction, the City can set the fee at an amount to reflect the cost of issuing the license and other costs directly related to enforcement. License fees may not be used as a means of raising revenues. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Liquor License Establishments by License Type Resolution Prepared by: Melissa Kennedy, City Clerk Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 4 d) Page 2 Title: Resolution Adopting 2018 Liquor License Fees DISCUSSION BACKGROUND: City Code provisions permit the Council to set liquor license fees annually, by resolution, in amounts no greater than those set forth in M.S. Ch. 340A.The proposed liquor license fees have been reviewed by staff and reflect the limits set forth in state law to cover costs of providing administration and enforcement. St. Louis Park liquor fees are consistent with other metro cities fees. PRESENT CONSIDERATIONS: No increases to liquor license fees are recommended for 2018 because staff found St. Louis Park’s liquor license fees to be comparable to those of surrounding cities in the metro area. Proposed 2018 Liquor License Fees The following is a list of the current and proposed liquor license fees. On Sale Intoxicating fees are higher than other liquor fees due to additional staff time for police enforcement (restaurants are open Sundays and some have 2 a.m. closing). Off-sale licenses generally require less police staff time due to the fact that alcohol is not consumed on the premises and they are open fewer hours. Additionally, off-sale fees are subject to the limits set forth in state statute. Liquor License Type: 2017 Fee 2018 Fee Effective 3/1/2018 Fee amount set by: Brewpub Off Sale Malt Liquor $200 $200 City Brewers Off Sale Malt Liquor $200 $200 City Microdistillery Cocktail Room $600 $600 City Microdistillery Off-Sale $200 $200 City Off Sale 3.2 Malt Liquor $200 $200 City Off Sale Intoxicating Liquor $380 $380 STATE Off Sale Intoxicating Liquor fee per M.S. 340A.408 Subd.3(c ) $280 $280 STATE On Sale 3.2 Malt Liquor $750 $750 City On-Sale Culinary Class $100 $100 City On Sale Intoxicating Liquor $8,750 $8,750 City On Sale Brewer’s Taproom $600 $600 City On Sale Sunday Liquor $200 $200 STATE On Sale Wine $2,000 $2,000 STATE Club (per # members): 1 - 200 $300 $300 STATE 201 - 500 $500 $500 STATE 501 - 1000 $650 $650 STATE 1001 - 2000 $800 $800 STATE 2001 - 4000 $1,000 $1,000 STATE 4001 - 6000 $2,000 $2,000 STATE 6000+ $3,000 $3,000 STATE Temporary On Sale Liquor $100/day $100/day City City Council Meeting of December 4, 2017 (Item No. 4 d) Page 3 Title: Resolution Adopting 2018 Liquor License Fees Background Investigation 2017Fee 2018 Fee Fee set by New License Applicant (non-refundable) $500 in-state applicant; actual costs for out-of- state applicant may be billed up to a maximum of $10,000. $500 in-state applicant; actual costs for out-of- state applicant may be billed up to a maximum of $10,000. STATE New Store Manager $500 $500 STATE On Sale license renewal per 340A.412 Subd. 2 $500 $500 STATE City Council Meeting of December 4, 2017 (Item No. 4 d) Page 4 Title: Resolution Adopting 2018 Liquor License Fees Current Liquor License Establishments by License Type 2017 LIQUOR LICENSES Type 2 am close Off sale Brew/ Pub Off sale Micro- distiller Off Sale 3.2 On sale Cocktail Room On sale Taproom On sale 3.2 On sale Intox On Sale Sunday Off sale Intox On Sale Wine On Sale Club License Issued by: State City State City City City City City City State State State Applebee's Grill & Bar 8750 200 Best of India 750 2000 Blaze Pizza 750 2000 Blue Fox Bar & Grill 8750 200 Board & Brush – St. Louis Park 750 2000 Brush Studio 750 2000 Bunny’s 2 am 8750 200 Chipotle Mexican Grill 750 2000 Cooper 2 am 8750 200 Copperwing Distillery 200 600 Costco Wholesale #377 380 Crave 2 am 8750 200 Cub Foods 200 Cub Foods Knollwood 200 Cub Liquor 380 Doubletree Park Place 8750 200 Frank Lundberg American Legion 200 500 Fresh Thyme Farmers Market 200 Fresh Thyme Liquor 380 Homewood Suites 750 Knollwood Liquor 380 Liquor Boy 380 Lunds & Byerly’s Wine & Spirits 380 Lunds & Byerly’s – St. Louis Park 8750 200 Marriott Mpls West 8750 200 McCoy’s Public House 2 am 8750 200 MGM Wine & Spirits 380 Mill Valley Kitchen 8750 200 Minneapolis Golf Club 200 500 Noodles & Company 750 2000 Noodles & Company 750 2000 Olive Garden 8750 200 Park Tavern Lounge & Lanes 2 am 8750 200 Parkway Pizza 750 2000 Pei Wei Asian Diner 750 2000 Pinot’s Palette 750 2000 City Council Meeting of December 4, 2017 (Item No. 4 d) Page 5 Title: Resolution Adopting 2018 Liquor License Fees Current Liquor License Establishments by License Type Continued 2017 LIQUOR LICENSES Type 2 am close Off sale Brew/ Pub Off sale Micro- distiller Off sale 3.2 On sale Cocktail Room On sale Taproom On sale 3.2 On sale Intox On Sale Sunday Off sale Intox On sale Wine On sale Club License Issued by: State City State City City City City City City State State State Prime Deli 750 2000 Punch Bowl Social 2 am 8750 200 Raku Sushi & Lounge 8750 200 Rojo Mexican Grill 2 am 8750 200 Sam’s Club #6318 380 Showplace 14 #8863 2 am 8750 200 Smashburger 750 2000 Steel Toe Brewing 200 600 200 St. Louis Park Liquor 380 Target Store T-2189 380 Taste of India 750 2000 Texa-Tonka Lanes 2 am 8750 200 Texas-Tonka Liquor 380 TGI Friday’s 2 am 8750 200 The Loop 2 am 8750 200 Top Ten Liquors 380 Trader Joe’s #710 380 Westwood Liquors 380 Wok in the Park 750 2000 Yangtze River Restaurant 8750 200 Yard House #8354 2 am 8750 200 Yum! Kitchen and Bakery 750 2000 Total number 1 1 3 1 1 16 21 24 14 15 2 Fee Totals $200 $200 $600 $600 $600 $12,000 $183,750 $4,800 $5,320 $30,000 $1,000 City Council Meeting of December 4, 2017 (Item No. 4 d) Page 6 Title: Resolution Adopting 2018 Liquor License Fees RESOLUTION NO. 17-____ RESOLUTION ADOPTING 2018 LIQUOR LICENSE FEES FOR THE LICENSE TERM MARCH 1, 2018 – MARCH 1, 2019 BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: WHEREAS, the St. Louis Park City Code Section 3-59 authorizes the City Council to establish annual fees for liquor licenses by resolution in amounts no greater that those set forth in M.S.A. Chapter 340A; and WHEREAS, it is necessary for the city to maintain fees in an amount necessary to cover the cost of administration and enforcement of regulating liquor in the city; and WHEREAS, fees called for within the Section 3-59 of the City Code and Minnesota State Statute Chapter 340A are hereby set by this resolution for the 2018 license term effective March 1, 2018 through March 1, 2019; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, fees for 2018 liquor licenses are hereby adopted as follows: Liquor License Type: 2018 Fee Effective 3/1/2018 Brewpub Off-sale Malt Liquor $200 Brewers Off-sale Malt Liquor $200 Microdistillery Off-Sale $200 Off-sale 3.2 Malt Liquor $200 Off-sale Intoxicating Liquor $380 Off-sale Intoxicating Liquor fee per M.S. 340A.408 Subd.3(c ) $280 On-sale Brewer’s Taproom $600 On-sale Cocktail Room $600 On-sale 3.2 Malt Liquor $750 On-sale Intoxicating Liquor $8,750 On-sale Sunday Liquor $200 On-sale Wine $2,000 Club (per # members) 1 - 200 $300 201 - 500 $500 501 - 1000 $650 1001 - 2000 $800 2001 - 4000 $1,000 4001 - 6000 $2,000 6000+ $3,000 Temporary On-sale Liquor $100/day City Council Meeting of December 4, 2017 (Item No. 4 d) Page 7 Title: Resolution Adopting 2018 Liquor License Fees Background Investigation Fee New License Applicant (non-refundable) $500 in-state applicant; actual costs for out-of- state applicant may be billed up to a maximum of $10,000. New Store Manager $500 On-sale license renewal per 340A.412 Subd. 2 $500 Reviewed for Administration: Adopted by the City Council December 4, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: 2nd Reading Zoning Ordinance Amendment for 3rd Shift Industrial RECOMMENDED ACTION: Motion to approve Second Reading and Adopt Ordinance amending Chapter 36 of the St. Louis Park Code of Ordinances relating to zoning to allow a 3rd shift with conditions at Industrial zoned properties when adjacent to residential zoned properties, and to approve the ordinance summary for publication. POLICY CONSIDERATION: None at this time. SUMMARY: Lyman Lumber (Applicant) operates a building supply distribution center at the Westside Center located at 5320 23rd Street. The Applicant would like to expand its operation by starting a 3rd shift. It is unable to do so, however, due to Section 36-242(10) of the zoning ordinance which prohibits industrial uses from operating between 10pm and 6am Monday through Saturday when the industrial property is located adjacent to a residential property. If approved, the zoning amendment would require the 3rd shift activities to be conducted entirely indoors, prohibits shipping and receiving, prohibits outdoor activities, and requires the portion of the building housing the 3rd shift to be located at least 300 feet away from property zoned residential. The amendment includes the clarification made at the council meeting regarding employee traffic. Staff also included a prohibition on customer traffic during the extended hours. Additionally, staff conducted a citywide review to determine how the proposed amendment would impact other residential properties adjacent to industrial, and discovered three industrial properties that could meet the conditions to conduct a 3rd shift or have extended operating hours. They consist of the applicant’s property, a city-owned brush drop off site, and the Diamond Hill Industrial Center. Two other properties have minimal land that meet the criteria, but it is unlikely a building could be constructed on the land outside the 300 foot required buffer and meet other conditions. A neighborhood meeting was conducted on October 4, 2017. Seven people attended. Attendees were given a tour of the building and they walked around the building while the industrial activities were operating. The tour confirmed that noise was not noticeable from outside. A public hearing was conducted by the planning commission on October 18, 2017. Nobody from the neighborhood spoke. The planning commission recommended approval of the amendment. The city council approved the first reading on November 20, 2017. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Ordinance Ordinance Summary for Publication Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning and Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 4e) Page 2 Title: 2nd Reading Zoning Ordinance Amendment for 3rd Shift Industrial ORDINANCE NO. ____-17 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 36 OF THE ST. LOUIS PARK CITY CODE TO ALLOW EXTENDED OPERATING HOURS WITH CONDITIONS AT INDUSTRIAL ZONED PROPERTIES WHEN ADJACENT TO RESIDENTIAL ZONED PROPERTIES THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 36 of the St. Louis Park City Code is amended to add the following section: Sec. 36-242. Industrial restrictions and performance standards; general provisions. *** (10)Where industrial uses are located on sites which abut R districts, or are separated from R districts by a right-of-way 66 feet or less in width, all activities including trucking are limited to normal hours of operation except for those specifically excluded. Normal hours of operation are defined as being between the hours of 6:00 a.m. and 10:00 p.m. Monday through Saturday inclusive and includes all manufacturing, processing, loading, unloading, truck maneuvering and movement of equipment and other materials. It does not include administrative or office functions or maintenance or cleanup work conducted entirely within a structure. Properties in the I districts situated so that railroad tracks, street and highway rights-of-way which are greater than 66 feet in width are located between the property in the I district and the R district are exempt from this requirement, except for that part of the site within 100 feet of a property line abutting any residentially used property. Where industrial uses are located on sites which abut properties located in an R district, operations may be conducted between the hours of 10:00 p.m. and 6:00 a.m. Monday through Sunday, as authorized below: a.Extended Business Hours. A business may operate a third shift, extend its business hours beyond 10:00 p.m. or start earlier than 6:00 a.m. with the following conditions: 1.A Registration of Land Use is approved authorizing specified activities to occur during the extended business hours. 2.All business activities to be conducted during the extended business hours shall be conducted entirely indoors. 3.All windows, doors, docks, and similar openings shall remain closed during extended business hours. City Council Meeting of December 4, 2017 (Item No. 4e) Page 3 Title: 2nd Reading Zoning Ordinance Amendment for 3rd Shift Industrial 4.The portion of the building housing the activities occurring during the extended business hours shall be located at least 300 feet from properties zoned Residential and improved with a residential use. 5.There shall be no outbound or incoming deliveries, customer traffic or other vehicular traffic. 6.Vehicles and any type of motorized equipment shall not be started or allowed to idle outside the building during the extended business hours. 7.Employee parking shall be located as far from the residential properties as possible. 8.Between 10:00 p.m. on Saturday and 10:00 p.m. on Sunday the business is limited to administrative or office functions or maintenance or cleanup work conducted entirely within a structure. 9.Outdoor employee smoking or break areas shall not be located between the building and a residential property. b.Temporary Permit. A temporary permit to operate between 10:00pm and 6:00 am may be issued under the following conditions: 1.The person conducting operations outside of normal business hours shall apply for a temporary permit for hours of operation between 10:00 p.m. and 6:00 a.m. The application for such permit shall specify the name and address of the applicant, the location of the temporary operation, the nature of the activity, the anticipated duration of such activity and the name and telephone number of the responsible person available on the premises while temporary operations are being conducted. 2. A temporary permit may be granted for a period not to exceed 15 days. A person receiving a temporary permit may apply for extensions, provided that the number of days in which temporary permits are granted shall not exceed 90 days in any calendar year. 3.A permit shall not be issued to any applicant which has had two violations of a temporary permit and/or this chapter within a period of one year preceding the date of application. 4.A permit issued pursuant to this section shall be revoked upon a violation of this chapter or the terms of the permit by the permit holder. 5.No permit shall be issued for the time from 10:00 p.m. Saturday to 6:00 a.m. Monday. 6.When a permit is issued for a period of time exceeding five days, notice shall be sent to owners of residential property abutting the property for which a permit is granted informing them of the terms of the permit. The holder of the temporary permit shall reimburse the city for the cost of such notice. City Council Meeting of December 4, 2017 (Item No. 4e) Page 4 Title: 2nd Reading Zoning Ordinance Amendment for 3rd Shift Industrial 7. Employee parking during temporary operations shall be located on the site as far as possible from parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. 8.The fee for a temporary permit shall be as established by the city council. 9. Outdoor activity of any type, including trucking, shall be prohibited. 10.A business shall apply for a temporary permit at least one business day before the after-hour activity is to commence. The city shall act upon the temporary permit within one business day of receiving the request. SECTION 2. This Ordinance shall take effect December 29, 2017. First Reading November 20, 2017 Second Reading December 4, 2017 Date of Publication December 14, 2017 Date Ordinance takes effect December 29, 2017 Reviewed for Administration Adopted by the City Council December 4, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney City Council Meeting of December 4, 2017 (Item No. 4e) Page 5 Title: 2nd Reading Zoning Ordinance Amendment for 3rd Shift Industrial SUMMARY FOR PUBLICATION ORDINANCE NO.____-17 This ordinance amends Chapter 36 of the City Code to allow a third shift or extended business hours with conditions at industrial zoned properties when adjacent to residential zoned properties. This ordinance shall take effect 15 days after publication. Adopted by the City Council December 4, 2017 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 14, 2017 Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4f EXECUTIVE SUMMARY TITLE: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory RECOMMENDED ACTION: Motion to Adopt Resolution approving a minor amendment to the Park Place Plaza Planned Unit Development to allow a new store front at the 5600 Cedar Lake Road multi-tenant building. POLICY CONSIDERATION: Does the proposed storefront meet the requirements of the zoning ordinance and Park Place Plaza Planned Unit Development (PUD)? SUMMARY: The 5600 Cedar Lake Road building is part of the Park Place Plaza PUD. It is located at the northwest corner of Park Place Blvd and Cedar Lake Rd. The building is a multi- tenant retail building containing Panera, Office Depot, PetSmart, Liquor Boy, and Mattress Firm tenants. The owner of the property is IRC Park Place Plaza MN, LLC. They are in the last phase of remodeling space recently vacated by Office Depot after they reduced the size of their store. Over the past few years, Office Depot has been reducing the size of its store making room for additional tenants such as Liquor Boy and Mattress Firm. The remodel has resulted in a vacant space located behind mattress Firm. The space faces Park Place Blvd. which is a deviation from the existing PUD approvals that show all the tenant spaces facing north, into the PUD. The application is to amend the PUD to replace the 5600 building elevations to create a new storefront facing Park Place Blvd. and to alter the landscaping plan along Park Place Blvd. by creating an inviting entry to the new tenant space. The proposed amendment does not increase parking requirements or traffic into the PUD as it is simply remodeling existing retail space, and not proposing an addition to a building. The application is being processed as a minor amendment due to the fact that it is not increasing floor area, parking requirements or traffic into the PUD. The new tenant space is proposed to be occupied by Orange Theory, which is a coach-led, one- hour group workout facility. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Aerial Photo Resolution Development Plans Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning & Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 4f) Page 2 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory DISCUSSION Location: Zoning: C-2 General Commercial Comprehensive Plan: General Commercial Neighborhood: Blackstone Analysis: The proposed additions were reviewed by staff, and found to meet city code requirements. The new tenant space facing Park Place Blvd will create additional store-front appeal along Park Place Blvd that complements the storefronts of West End located on the opposite side of Park Place Blvd. The following is an analysis of the proposal. Setbacks: The application proposes a remodel of existing retail space, therefore it does not alter the existing setbacks. Architectural: The application proposes an amendment to the 5600 building elevation by adding a storefront along Park Place Blvd. The existing building wall facing Park Place Blvd is all brick with no windows. The proposed changes to the building will result in a new store front with large windows facing Park Place Blvd. Signage: A tenant sign will also be added above the door facing Park Place Blvd. The new sign will follow the standard zoning requirements allowed for multi-tenant buildings. Signage can occupy up to 7% of the tenant wall with a maximum of 100 square feet. Traffic: The building remodel will not impact traffic or parking requirements as it is not increasing the amount of retail space in the 5600 building. As noted earlier, it is simply remodeling existing space recently vacated by Office Depot. The remodel resulted in the new Mattress Firm tenant space and the proposed tenant space facing Park Place Blvd. Landscaping: The landscaping plan is proposed to be amended to enhance the new tenant space by creating a sidewalk that will give pedestrians access to the new tenant space from the public sidewalk along Park Place Blvd and from the parking lot located to the north of the building. It will also expose the new tenant space by relocating three trees to the corner of Park Place Blvd and Cedar Lake Rd. City Council Meeting of December 4, 2017 (Item No. 4f) Page 3 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory Aerial Photo: Proposed tenant space City Council Meeting of December 4, 2017 (Item No. 4f) Page 4 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory RESOLUTION NO. 17-_____ Amends and Restates Resolutions 16-108, 96-89, 96-158, 97-3, 97-39, 98-23, 00-037, 00-133, 01-080, 02-072, 05-036, 13-095, 13-107 A RESOLUTION AMENDING RESOLUTION NO. 16-108 APPROVED ON SEPTEMBER 6, 2016, AMENDING A FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 14:6-7 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY ZONED C-2, GENERAL COMMERCIAL DISTRICT, LOCATED AT 5600, 5640, 5680, 5700, 5800 and 5900 CEDAR LAKE ROAD; AND 1620, 1650, 1690 AND 1700 PARK PLACE BOULEVARD; AND 5601, 5699 AND 5799 WEST 16TH STREET AND1625 ZARTHAN AVENUE (TOTAL SITE FORMERLY KNOWN AS 1625 ZARTHAN AVENUE) PARK PLACE PLAZA WHEREAS, the St. Louis Park City Zoning Ordinance permits shopping centers in excess of 200,000 square feet by Planned Unit Development (PUD) under certain conditions in the C-2 Commercial Zoning District, and WHEREAS, the City Council adopted Resolution No. 96-38 approving the Preliminary PUD on March 18, 1996, and WHEREAS, the City staff were informed on April 12, 1996 that certain environmental remediation would be necessary and such remediation would affect the timing process of demolition of the existing building and resulted in the need to amend the conditions of preliminary approval, and WHEREAS, the City Council adopted Resolution No. 96-71 rescinding Resolution No. 96-38 and approving the Preliminary PUD subject to certain revised conditions on May 6, 1996, and WHEREAS, a complete application for a Final Planned Unit Development (PUD) was received on April 26, 1996, and WHEREAS, the Planning Commission reviewed the Final PUD application at the meeting of May 1, 1996, and WHEREAS, the Planning Commission recommended approval of the Final PUD subject to 17 conditions of approval on a 3-1 vote with three members present voting in the affirmative and one member voting against, and WHEREAS, the City Council received an overview from City staff and the City Attorney of the necessary agreements related to the PUD at its May 13, 1996 Study Session, and WHEREAS, the applicant and current and prospective property owners have entered into a development agreement, supplemental development agreements, sidewalk easements agreement, reciprocal easement and operation agreement, and a reversion agreement, which agreement City Council Meeting of December 4, 2017 (Item No. 4f) Page 5 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory nullifies and voids without any further action required on the part of the City Council the preliminary and final approval if certain conditions are not met, and WHEREAS, on March 3, 1997 Franchise Associates, Inc. (current owner of 1690 Park Place Boulevard) and Ryan Construction Company of Minnesota, Inc. as developer and with the consent of Honeywell, Inc. (fee owner of 1625 Zarthan Avenue) submitted an application for a minor amendment to the approved Final PUD to allow the use of neon on the building at 1690 Park Place Boulevard and to revise the Landscape Plan for 1625 Zarthan Avenue and 5600, 5640 and 5680 Cedar Lake Road, and WHEREAS, certain amendments to the approved Final PUD have been approved by the City Council on 10/22/96 (Res. 96-158) and 1/6/97 (Res 97-3), and 3/17/97 (Res 97-39), and WHEREAS, on December 11, 1997 Office Max (current owner of 5600 Cedar Lake Road) and Ryan Construction Company of Minnesota, Inc. as developer and with the consent of Honeywell, Inc. (fee owner of 1625 Zarthan Avenue) submitted an application for a minor amendment to the approved Final PUD to allow the placement of a new 12.8 square foot flat wall identification sign on the east face of the building at 5600 Cedar Lake Road. WHEREAS, on February 22, 2000 Costco Wholesale and Ryan Companies US, Inc as developer with the consent of Honeywell, Inc. submitted an application for a major amendment to the approved Final PUD to allow the construction of a 139,444 square foot wholesale, retail and tire service facility at 5801 West 16th Street. WHEREAS, on October 23, 2000 Costco Wholesale and Ryan Companies US, Inc. as developer with the consent of Honeywell, Inc. submitted a minor amendment to the approved Final PUD to allow changes to the traffic improvements at 16th Street and the main access into the site. WHEREAS, the City Council adopted Resolution No. 01-133 on November 6, 2000 approving a minor amendment to the approved Final PUD to allow changes to the traffic improvements at 16th Street and the main access into the site, and WHEREAS, on April 16, 2001, Costco Wholesale filed an application seeking a major amendment to the approved Planned Unit Development for Park Place Plaza to construct a fueling facility on Lot 9, and WHEREAS, on June 20, 2001, the Planning Commission held a public hearing, received testimony from the public, reviewed the application, and on a vote of 4-0 moved that the Planning Commission deny the proposed major amendment to the PUD, and WHEREAS, on July 16, 2001, the City Council considered the request for a major amendment, and on a vote of 7-0 moved to continue to the request, and WHEREAS, the City Council adopted Resolution No. 01-080 on August 20, 2001 approving a major amendment to the approved Planned Unit Development for Park Place Plaza to construct a fueling facility on Lot 9, and WHEREAS, on June 7, 2002, Costco Wholesale filed an application seeking a minor amendment to the approved Planned Unit Development for Park Place Plaza to construct a wholesale liquor addition on Lot 1, and City Council Meeting of December 4, 2017 (Item No. 4f) Page 6 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory WHEREAS, on December 2, 2004, Home Depot USA, Inc. filed an application seeking a minor amendment to the approved Planned Unit Development for Park Place Plaza to construct an addition of 5,764 square feet to the existing garden center on Lot 2, Block 1, Park Place Plaza, and WHEREAS, on May 9, 2013, Costco Wholesale filed an application seeking a minor amendment to the approved Planned Unit Development for Park Place Plaza to transfer land and parking spaces from Home Depot USA, Inc. (Lot 2, Block 1, Park Place Plaza) to Costco Wholesale (Lot 1, Block 1, Park Place Plaza), and WHEREAS, on June 7, 2013, Costco Wholesale filed an application seeking a minor amendment to the approved Planned Unit Development for Park Place Plaza to expand the fueling facility on Lot 9, and WHEREAS, on July 15, 2016, Costco Wholesale filed an application seeking a minor amendment to the approved Planned Unit Development for Park Place Plaza to expand their liquor store and tire center. WHEREAS, on October 30, 2017, IRC (property owner) filed an application seeking a minor amendment to the approved Planned Unit Development for Park Place Plaza to create additional tenant space facing Park Place Plaza within the existing 5600 building. NOW THEREFORE BE IT RESOLVED BY the City Council of the City of St. Louis Park: A.Recitals The recitals set forth above are incorporated herein and made part of this resolution. B.Findings 1. Ryan Construction Company of Minnesota, Inc., as developer with the consent of the property owner Honeywell, Inc., has made application to the City Council for approval of a Final Planned Unit Development (“Final PUD”) within the C-2 General Commercial Zoning District under Section 14:6-7 of the St. Louis Park Ordinance for property formerly known as 1625 Zarthan Avenue for the legal description as follows, to-wit: Lots 1-9 and Outlots A, B and C; Block 1, Park Place Plaza (Torrens) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 95-51-PUD) and the effect of the proposed Final PUD and amendments thereto on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, with specific consideration given to the Plan By Neighborhood Section of the Comprehensive Plan, and compliance with the provisions of the Zoning Ordinance. 3. The City Council has determined that approval of a Final PUD and the proposed amendments thereto will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion or City Council Meeting of December 4, 2017 (Item No. 4f) Page 7 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed Final PUD and amendments thereto are in harmony with the general provisions, purpose and intent of the City’s Zoning Ordinance and its Comprehensive Plan and that the requested modifications comply with the requirements of Section 14:6-7.2(E). 4. The contents of Planning Case Files 95-51-PUD, 02-38-PUD, and 04-70-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. C. Conditions and Approval A Final PUD at the location described in paragraph 1 of the above findings is approved based on the recitals and the findings set forth above, the Approved Final Plans, and subject to the following conditions: 1.Issuance of demolition and erosion control permits shall be subject to the following conditions as required in the Environmental Assessment Worksheet (EAW) Resolution and subsequently modified on March 18, 1996 and May 6, 1996 as follows: a.Demolition, hauling and construction activities shall be limited to the hours between 7:00 a.m. and 4:00 p.m. on weekdays and 9:00 a.m. and 4:00 p.m. on weekends and holidays. b.Trucks and construction equipment shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall enter and exit the site from 16th Street and Park Place Boulevard only. c.During demolition of the existing building, the western wall of the building shall be left intact as a sound barrier for as long as practicable. d. Use of explosives shall be prohibited. e.All demolition and construction equipment shall utilize state of the art muffler systems. f.On-site crushing and recycling operations shall be located as far from existing residential land uses as practicable. 2.Approval of the Preliminary and Final Planned Unit Development and Plat shall be subject to the following conditions as required in the EAW Resolution and subsequently modified on March 18, 1996 and by this resolution as follows: a.Installation of all roadway improvements associated with anticipated traffic from the proposed use and dedication of public right-of-way to accommodate public infrastructure. b.Adjustments to existing traffic lights, street lights and other utilities. c.Installation of sidewalks along the length of Cedar Lake Road, Park Place Boulevard, 16th Street, and Zarthan Avenue adjacent to the project and connecting to public plaza areas within the site. d.Dedication of drainage and utility easements to a depth of 10 feet back from planned right- of-way and execution of a sidewalks easement agreement. Such sidewalk easements shall extend 1 foot beyond required perimeter sidewalks. e.Installation of on-site directional signs to I-394 and Highway 100 to prevent unnecessary traffic in residential neighborhoods. f.Delivery and garbage service trucks shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall be limited to servicing the uses between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends and holidays. Unoccupied delivery and garbage trucks shall be prohibited from idling on site during nighttime hours as defined by Section 11-507(3)(a). g.Overnight parking of vehicles, semi-trailers, refrigeration units and the like shall be prohibited unless parked wholly within any of the enclosed loading dock bays. City Council Meeting of December 4, 2017 (Item No. 4f) Page 8 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory h.Openings of rooftop fans and air circulation equipment shall be required to face away from residential neighborhoods and all exhaust openings except bathroom fans shall be prohibited on exterior walls facing residential neighborhoods. In the event bathroom fan exhausts exceed the maximum nighttime allowable noise limits, operation of these fans shall be terminated until compliance with the City of St. Louis Park Noise Ordinance is achieved. i Compliance with ordinance provisions relating to exterior lighting and prevention of unnecessary nighttime site lighting. j.Compliance with all applicable City ordinance provisions shall be required unless modifications are specifically authorized by this Final Planned Unit Development approval or by more stringent requirements of the development agreement or supplemental development agreements. 3.The following modifications to ordinance requirements are authorized as part of this Final PUD approval: a.Bufferyards are not required between drive through facilities and adjacent properties that are part of the Final PUD. b.The temporary hoop structures associated with Home Depot’s “Garden Center” outdoor sales area are not required to be architecturally integrated with the principal building (utilize same building materials) provided masonry walls surrounding the outdoor sales area are provided as shown on the Approved Final Plans. c.A Bufferyard “D” may be substituted for the required Bufferyard “F” between the truck circulation and loading areas for the Retail/Service/Restaurant building on Lot 5 and Park Place Boulevard. d.Buildings are not required to utilize at least 60% brick or other natural stone on each building face but are approved with percentages of brick and other materials as shown on the Approved Final Plans. e.Buildings on Lots 2 and 3 may have more than 5% bright, pure accent colors on each facade and are approved with the percentages of accent colors shown on colored elevations “stamped” as received by the City on March 15, 1996 and on April 19, 1996 (Exhibits B2 and B3 of the Approved Final Plans). f.The area of all wall signs may exceed 7% of the building wall area but may not exceed the wall sign area shown on the Approved Final Plans. Exhibit A7 of the Approved Final Plans shall be revised to reduce cumulative wall signage by at least 37 square feet in accordance with the Preliminary PUD approval. g.Individual wall signs may exceed 150 square feet but may not exceed the individual wall sign areas shown on the Approved Final Plans. h.Two free standing “off-premise signs”, advertising uses on properties within the PUD only, are allowed as shown on the Approved Final Plans. Such signs are denoted on the Approved Final Plans as “Center Pylon Signs” and also as “Monument Signs”. Such signs may also be referenced as “Project Identification Signs” or “Tenant Identification Signs”. i.The maximum size of the “Center Pylon Sign” faces may exceed 300 square feet and may be 320 square feet each as shown on the Approved Final Plans. j.The maximum total sign area of the “Center Pylon Signs” may exceed 400 square feet and may be 1,280 square feet as shown on the Approved Final Plans. k.One Monument Sign measuring no more than 4 feet 4 inches in height and 16 feet in width and identifying only the name of the Shopping Center may be placed in Outlot A as shown on the Approved Final Plans. Such sign shall include seating on one side, shall be faced primarily with brick, and shall not be counted toward the total approved sign areas. City Council Meeting of December 4, 2017 (Item No. 4f) Page 9 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory l.Exterior lighting spillover may exceed 1.0 footcandle at property lines that abut other properties within the Final PUD but may not exceed ordinance restrictions at property lines that abut properties that are not within the PUD. m.The Bufferyard “D”s separating the in-vehicle sales and service uses (drive-throughs) on Lots 4,5,6,7 and 8 of the Plat from 16th Street and Park Place Boulevard are not required to include a minimum of 95 plant units per 100 linear feet and may include a total of 225 fewer plant units than required as shown on the Approved Final Plans. n.Certain canopy trees may be installed at sizes less than 2-1/2” caliper as shown on the Approved Final Plans and such trees shall be given full plant unit credits. o.Certain evergreen trees may be installed at sizes less than 6 feet (height) as shown on the Approved Final Plans and such trees shall be given full plant unit credits. 4.The site shall be developed, used and maintained in accordance with the Approved Final Plans, which are incorporated herein as Exhibits P1, P2, S1, S2, C1, C2, C3, L1, L2, L3, L4, L5, A1, A2, A3, A4, A5, A6, A7 as revised by condition 3f of this resolution, A8, A9, F1, F2, F3, F4, F5, F6 (“Park Place Plaza” Monument Sign Detail), B1, B2 and B3, and the following conditions: a.MPCA approval of the remediation plan relating to environmental contamination on the site and conformance with the conditions of the approved remediation plan. b.Final PUD approval is contingent upon the developer and current/prospective property owners, including Home Depot, signing the required agreements and conforming with all provisions of the executed special assessment agreements for construction of required off- site improvements, executed development agreement and executed supplemental development agreements that cover all on-site improvements within the PUD in accordance with Section 14:6-7.5(F), executed sidewalk easements agreement, executed reciprocal easements and operation agreement, and the executed reversion agreement. Wherever there is a conflict between the requirements of any of said documents, City Code, and/or this resolution, the more stringent requirements shall apply. c.The type and colors of all exterior building materials (including building facades, canopies, screen walls, fences, trash enclosures, and permanent exterior signage) throughout the Final PUD must match those adopted as part of the Approved Final Plans, and no exterior building materials other than doors may be surface painted (this requirement does not prohibit the use of standing seam metal with a baked enamel finish, as approved). Said doors shall be painted to match the approved brick or rock face block color. All exterior building materials must be maintained in an aesthetic manner as determined in the sole discretion of the City. d.Wherever brick is denoted on the Approved Final Plans, a full 4” thick face brick must be applied in a masonry technique except that an alternative brick application, face brick cast in structural panels, is specifically approved for the Home Depot building on Lot 2. The alternative brick application for Lot 2 must match the color, texture and visual aesthetics of the brick used throughout the remainder of the PUD. e.Permanent exterior signage is limited to that shown on the Approved Final Plans. Additional window signage, temporary banners and the like are restricted in accordance with the terms of the “Maintenance and Operational Restrictions” Exhibit of the development agreement and supplemental development agreements. f.All light poles must be included within curbed areas. g.All rooftop equipment must be screened from ground level view using parapet walls and all rooftop equipment must be painted to match the color of the rooftop to ensure that it is minimally visible from nearby office towers. City Council Meeting of December 4, 2017 (Item No. 4f) Page 10 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory h.Prior to issuance of any building permits, the developer must reimburse the City for all costs incurred by the City in connection with processing the applicant’s PUD, and preparation and implementation of the development agreements and associated agreements. i.In lieu of meeting certain bufferyard requirements as waived in Paragraph 3l above, the developer shall donate 225 plant units to the City in the form of twenty 2-1/2” canopy trees by June 1, 1997 for use on nearby lands to provide screening of the project. j.The subsequent phase of the PUD is approved in concept only as including 110,000 square feet of gross retail building area, 495 parking spaces and 55 proof of parking spaces on Lot 1. The details of the subsequent phase shall be reviewed as a minor amendment to the approved Final PUD, unless additional off-site impacts or modifications to Code or PUD requirements are anticipated, in which case, the details of the subsequent phase shall be reviewed as a major amendment. In either case, the City Council reserves the right to hold a public hearing regarding the subsequent phase. The subsequent phase shall require amendment to the development agreement and/or supplemental development agreement for Lot 1. k.No administrative subdivision of any property within the PUD shall be granted due to the interrelatedness of the PUD, plat, and Approved Final Plans. l.The developer and/or property owner shall dedicate, at no expense to the City, any right- of-way which may be necessary and required in the future to facilitate improvements at the intersection of 16th Street and Zarthan Avenue and/or to provide access from Cedar Lake Road into the PUD. Developer and/or property owner shall be responsible for the costs associated with these potential future improvements based upon the benefit to the project and/or the demands the project has placed on the roadway system. Any such improvements would require a major amendment to the Approved Final Plans for the PUD m.The developer and/or owner shall obtain all necessary permits to complete any further required environmental remediation of the site and undertake said remediation pursuant to local, state and federal regulations, as applicable. n.The developer shall receive all other necessary permits and approvals from the City including, but not limited to sanitary sewer, water tapping permit, demolition permit, building permits, and erosion control permit. o.The developer shall obtain approval by the Minnehaha Creek Watershed District as well as any other approvals required by state and federal agencies, including the required Indirect Source Permit, and the developer shall comply with all conditions of said approvals and permits. p.The Final Plat shall be submitted to the County for recording prior to initiating any site work relating to construction of the PUD project; evidence of filing of the final plat or other assurances pertaining to required easements shall be presented to the City prior to issuance of any permits other than demolition and associated temporary noise permits. q.The Preliminary and Final Plat are inherent components of the Preliminary and Final PUD approvals and are subject to the conditions of Preliminary and Final PUD approval and the Approved Final Plans. Access to the platted properties shall be limited to the means provided in the Approved Final Plans. r.No certificate of occupancy for any building in the PUD shall be issued until all the circulation drives and internal sidewalks throughout the PUD and all the improvements, other than landscaping and wear coat of asphalt, for that building’s lot, have been installed and accepted by the City. All landscaping on the lot shall be completed within one (1) year from the date the certificate of occupancy is issued. s.The general public shall have the right to utilize the internal sidewalks for pedestrian access, including walking bicycles, through the PUD property and for access to the outdoor City Council Meeting of December 4, 2017 (Item No. 4f) Page 11 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory seating plaza, which shall remain available to the general public in perpetuity for passive recreational use that is not disruptive to the operation of the shopping center. No provision of the reciprocal easement and operations agreement shall be interpreted as overriding this requirement. t.The Approved Final Plan Exhibits may be revised to include a 4,450 square feet Arby’s restaurant on Lot 4 in accordance with the plans reviewed by the Planning Commission on May 1, 1996, and further revised as follows: to clarify building materials; to ensure that building materials match materials used throughout the remainder of the development; and to reduce the width of the metal door on the rear elevation to a maximum of 8 feet. u.The obligations and conditions herein imposed on the developer by this Final PUD shall also apply to any property owner, successor or assign. v.The City may enforce any provision of this resolution in the same manner as provided for a violation of the City’s Zoning Ordinance and/or as provided in the development agreement or supplemental development agreements. 5.The Final PUD shall be amended on October 22, 1996 to incorporate all of the preceding conditions and add the following condition: a.The height of the future Retail 1 tenant space at 5680 Cedar Lake Road may be reduced from 30’8” to not less than 20’0”. 6.The Final PUD shall be amended on January 6, 1997 to incorporate all of the preceding conditions and add the following condition: a.The rear door configuration in the tenant space on the south end of the 1650 Park Place Boulevard building (Bruegger’s Bagels) is revised in accordance with Exhibit A5.1 - Exterior Elevations dated 12-23-96 7.The Final PUD shall be amended on March 17, 1997 to incorporate all of the preceding conditions and add the following conditions: a.The building at 1690 Park Place Boulevard (Arby’s) may utilize neon lighting in accordance with Exhibits A4.1, A4.2 and A4.3, Arby’s Exterior Elevations provided said exhibit and assent form are signed by Franchise Associates, Inc. b.The Landscape Plan may be revised in accordance with Exhibit L.1, Landscape Plan revised 2/28/97 and stamped received 3/3/97 provided the following conditions are met. i)A revised Grading Plan that accurately reflects the proposed retention of existing berms shall be submitted and approved by the City Engineer and Zoning Administrator. The Zoning Administrator shall ensure that the plan meets requirements relating to minimum berm heights adjacent to truck circulation areas. ii)Prior to implementing the changes, Ryan Construction Company, Inc. and the current fee owner of 1625 Zarthan Avenue must sign the Assent form and revised exhibits. 8.The Final PUD shall be amended on January 5, 1998 to incorporate all of the preceding conditions and add the following conditions: a.An Office-Max sign may be installed on the east facade of the building located at 5600 Cedar Lake Road (Office-Max) in the location shown on the Exhibit A3.1 Elevation. b. Prior to issuance of a sign permit, Ryan Construction Company, Inc. and Office Max must sign the Assent Form and revised exhibit. 9.The Final PUD shall be amended on April 3, 2000 to incorporate all of the preceding conditions, find no need for a new EAW, and add the following conditions: City Council Meeting of December 4, 2017 (Item No. 4f) Page 12 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory a.The Costco site (Lots 1 and 8) shall be developed, used and maintained in accordance with the official exhibits, which shall be amended to address the following conditions: (Amended on July 15, 2002 by Condition 12.a.) i)The plans shall be amended as determined necessary by the Director of Public Works to show dedication of right-of-way near 16th/Zarthan as anticipated in the original development agreement sketch. Landscape plans shall be amended as necessary and approved by the Zoning Administrator to accommodate future improvements to this intersection while preserving existing berming/screening to the extent feasible. ii)The plans shall be amended to include proof of parking in excess of minimum requirements as approved by the Zoning Administrator. If excess proof of parking is shown, details of the proposed curb cuts and effects on existing landscaping shall be submitted and approved by the Zoning Administrator. iii)Elevation drawings shall be amended to show screen wall heights of 12 feet as measured from the main service drive elevation unless evidence is approved by the Zoning Administrator that the proposed heights will adequately screen service vehicles. iv)Elevation drawings and sign details shall be amended to comply with ordinance requirements unless a variance for proposed signage has been approved. b. Prior to beginning any site work, the following conditions shall be met: i) A copy of the required Watershed District permit shall be submitted to the City. ii)An erosion and sediment control plan shall be submitted and approved by Public Works. iii)A letter from the MPCA shall confirm no need for a new ISP based upon the final traffic study by SRF. iv)The official exhibits and assent form shall be signed by the applicant, owner, and City. c.Costco shall adhere to the restrictions on construction times and routes as included in the final PUD approval for Park Place Plaza except that additional restrictions may be imposed as necessary to prevent conflicts with customers during peak restaurant times. d.Costco shall adhere to restrictions on temporary signage as included in the Final PUD approval for Park Place Plaza. e.Prior to issuance of a building permit, which may impose additional restrictions, the following conditions shall be met: i)The development agreement shall be amended and executed and shall address, at a minimum, land dedication, design, construction, financial sureties for on- and off-site improvements, and maintenance. ii)A revised light distribution plan, landscape irrigation plan, and all building material samples and colors shall be submitted and approved by the Zoning Administrator. f.Prior to issuance of an Occupancy Permit, the following conditions shall be met: i)The required traffic improvements at 16th Street and the main access drive, including installation of a traffic signal paid for by the applicant, shall be complete and operational; the applicant shall also pay its share of a traffic signal at 16th and Zarthan, which may be installed at a later date. ii)The entire PUD site shall be found to be in compliance with the conditions of final PUD approval, or a Letter of Credit shall be submitted in the amount of 125% of the cost of any outstanding improvements, including but not limited to completion of improvements near the intersection of Park Place Boulevard and 16th Street, public transit improvements on 16th Street as approved by Metro Transit, and all conditions of the final PUD resolution and executed development agreement. g.Costco shall adhere to restrictions on delivery and garbage service hours and routes as included in the final PUD approval for Park Place Plaza except that additional restrictions City Council Meeting of December 4, 2017 (Item No. 4f) Page 13 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory on garbage service may be imposed on Costco as necessary to prevent conflicts with customers during peak restaurant hours. h.All sidewalks throughout the PUD site shall be maintained in a clear, walkable condition at all times during which one or more buildings within the PUD are open to the public. 10.The Final PUD shall be amended on November 6, 2000 to incorporate all of the preceding conditions and add the following condition: a.Temporary Certificate of Occupancy may be issued prior to the signal at 16th and the main access drive being operational provided Costco installs a stop sign at the exit to 16th Street and employs off-duty police officers to direct traffic from the date of opening until such time as the traffic signal is operational or the City agrees it is no longer necessary. 11.The final PUD shall be amended on August 20, 2001 to incorporate all of the preceding conditions and add the following conditions: a.The Costco fueling facility site (Lot 9) shall be developed, used and maintained in accordance with the official exhibits which shall be amended to address condition 11.f.iv. Previously approved official exhibits for Lots 1, 2 and 8 shall be amended to include traffic improvements noted in condition 11.g. b.Costco shall adhere to the Fire Department’s requirements for the fueling facility including: i)An employee must be available on-site while the fueling station is open. ii)A key-actuated manual reset switch shall be installed inside the attendant building. iii)A fire department access key box shall be installed on the exterior of the attendant building. iv) Instructions shall be provided in English and Spanish. v)Spill control equipment and supplies to contain and dispose of a 30-gallon (150% of customer limit) fuel spill. Include storm drain covers, absorbent materials, containers and tools. Protective clothing and equipment to be provided for trained attendants. vi) Dispensing nozzles shall be UL 842 listed. vii) One 40-B:C fire extinguisher shall be located outside the attendant building with a cabinet tamper switch to automatically activate emergency shut-off controls. c.Prior to beginning any site work, the following conditions shall be met: i) A copy of the required Watershed District permit or letter from the Watershed District indicating no need for a permit shall be submitted to the City. ii)An erosion and sediment control plan shall be submitted and approved by Public Works. iii)The MPCA shall confirm that an ISP amendment is not necessary. d.Costco shall adhere to the restrictions on construction times and routes as included in the final PUD approval for Park Place Plaza except that additional restrictions may be imposed as necessary to prevent conflicts with customers during peak restaurant times. e.Costco shall adhere to restrictions on temporary signage as included in the Final PUD approval for Park Place Plaza. f.Prior to issuance of a building permit, which may impose additional restrictions, the following conditions shall be met: i)The development agreement shall be amended and executed and shall address, at a minimum, design, construction, financial sureties for on-site improvements, including a letter of credit for 125% of the required internal traffic improvements, and maintenance. ii)A dimensional signage plan, landscape irrigation plan, and all building material samples and colors shall be submitted and approved by the Zoning Administrator. iii) All lights shall be completely recessed in the canopy. City Council Meeting of December 4, 2017 (Item No. 4f) Page 14 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory iv)Revised site and landscaping plans shall be submitted to and approved by the Zoning Supervisor showing the curb locations around the gasoline storage tanks and the reduced landscaping island. g.Prior to issuance of a permanent Occupancy Permit for the Costco warehouse facility or temporary Occupancy permit for the fueling facility, the entire PUD site shall be found to be in compliance with the conditions of final PUD approval, the applicant shall implement traffic improvements recommended by SRF for the internal Costco warehouse intersection and eliminate three internal access points to Home Depot as shown on TD & A Layout 3, and shall change the sign at the 16th Street customer entrance to direct service vehicles to the 16th Street service drive. h.Service trucks shall use the service entrance on 16th Street and shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall be limited to servicing the fueling facility between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends and holidays and as recommended by the traffic study. i.Violation of any condition of PUD approval, including these amendments, shall result in a fine of $750 per day. 12.The final PUD shall be amended (Case No. 02-38-PUD) on July 15, 2002 to incorporate all of the preceding conditions and add the following conditions: a.The Costco warehouse building site (Lot 1) shall be developed, used and maintained in accordance with the official exhibits, which shall be amended as approved by the Zoning Administrator to provide an accessible sidewalk and convenient stair location. (Amends Condition 9.a.). b.Prior to issuance of a building permit, which may impose additional conditions, the following conditions shall be met: i)The official exhibits and assent form shall be signed by the applicant/owners. ii)The development agreement shall be amended if necessary, as determined by the City Attorney. iii)An additional letter of credit shall be submitted for 125% of the cost of the site improvements. iv)Building material samples and colors shall be submitted and approved by the Zoning Administrator. c.Costco shall adhere to the restrictions on construction times and routes as included in the final PUD approval for Park Place Plaza except that additional restrictions may be imposed as necessary to prevent conflicts with customers during peak restaurant times. d.Prior to issuance of an occupancy permit for the liquor store addition, the applicant shall submit an electronic file and print and reproducible copy of the plat and as-built drawings for the PUD site. In the event that any signal arms are found to be on private property, appropriate easements shall be recorded against the private property. e.Violation of any condition of PUD approval, including these amendments, shall result in a fine of $750 per day. 13.The final PUD shall be amended (Case No. 04-70-PUD) on March 7, 2005 to incorporate all of the preceding conditions and add the following conditions: a.The Home Depot garden center 5,764 square foot addition shall be developed, used and maintained in accordance with the official exhibits. b. The following traffic improvements are shown on official exhibits and implemented: City Council Meeting of December 4, 2017 (Item No. 4f) Page 15 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory i.The 3-way stop intersection on the main drive aisle at the entrance of Costco is changed to a 4-way stop intersection. All stop signs at this intersection are changed to standard sized signs. ii.A new right-turn lane from the main drive aisle into Costco is constructed, and a new right turn lane (directing traffic north) is also constructed. iii.Stop signs at the eastern 4-way stop of the main drive aisle are changed to standard sized sign for better driver recognition. c.Landscaping shall be installed according to the submitted landscape plan, with additional tall grass plantings along the banks of storm pond #1. All materials must be approved by the City’s Environmental Coordinator. d.Bike racks in the area must be moved and/or replaced in another location on the Home Depot site. e.No outdoor storage is allowed; outdoor merchandise is allowed on sidewalk areas only, in accordance with the City’s Zoning Ordinance. f.Home Depot must repair or replace the sidewalk if damage occurs during construction of the garden center addition. g.All requirements of the City Engineer must be met. h.Prior to issuance of a building permit, which may impose additional conditions, the following conditions shall be met: i)The official exhibits and assent form shall be signed by the applicant/owners. ii)The development agreement shall be amended if necessary, as determined by the City Attorney. iii)An additional letter of credit shall be submitted for 125% of the cost of the site improvements. 14.The final PUD shall be amended (Case No. 13-21-PUD) on June 17, 2013, to incorporate all of the preceding conditions and add the following conditions: a.Prior to the beginning of work, the following conditions shall be met: i)The official exhibits and assent form shall be signed by the applicant/owners. ii)The development agreement shall be amended if necessary, as determined by the City Attorney. iii)An additional letter of credit shall be submitted for 125% of the cost of the site improvements. iv)An agreement assigning responsibility for maintenance of the sidewalk, including snow removal, to Costco shall be submitted to the City for review and approval by the City Attorney. i)An agreement that guarantees parking access for Lot 2, Block 1, Park Place Plaza (Home Depot) to 59 parking spaces on Lot 1, Block 1, Park Place Plaza (Costco) shall be submitted to the City for review and approval by the City Attorney. The agreement shall be recorded with Hennepin County and proof of the recording submitted to the City. b.The Costco Warehouse and Home Depot parking lots shall be developed, used, and maintained in accordance with the official exhibits. 15.The final PUD shall be amended (Case No. 13-26-PUD) on July 15, 2013, to incorporate all of the preceding conditions and add the following conditions: a.Prior to the beginning of work, the following conditions shall be met: i)The official exhibits and assent form shall be signed by the applicant/owner. ii)An additional letter of credit shall be submitted for 125% of the cost of the site improvements. City Council Meeting of December 4, 2017 (Item No. 4f) Page 16 Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory iii)All necessary permits, including but not limited to building, sign, and erosion and sediment control, shall be obtained. b.The Costco Warehouse fueling facility (Lot 9) shall be developed, used, and maintained in accordance with the official exhibits. c.The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. 16.The final PUD shall be amended (Case No. 16-35-PUD) on September 6, 2016, to incorporate all of the preceding conditions and add the following conditions: a.The Official Exhibits for Costco be amended to include the site plan and landscaping plan approved under this PUD amendment. b. The Official Exhibits be signed prior to issuance of a building permit. 17.The PUD shall be amended (Case No. 17-28-PUD) to add Exhibit A-2017 Landscaping, and Exhibit B-2017 Elevations which shall amend existing landscaping and building elevation exhibits. a.The Official Exhibits shall be signed prior to issuance of permits to occupy the space. Reviewed for Administration: Adopted by the City Council December 4, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk -------------:=====�-------���-1��KEY�N:'OT:ES==1,-� ·-·--0rca�su,41u ®""""'"'"' ii"�'"]i� F"' cm�'::.:'.� ' =� i i / / / / / • LU SITE PLAN i @1/3-Z-• 1"-0" • / / / / / / / / / / / / / / ' ' , , I I ·iJI.111'I I I I I li1 I OCT 3 O 2017 LL WORK FOR ORANGE TiiEORY PARK PlACE PlAZA 5602 CEDAR LAKE RO ST. 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WORK FOR O�GE THEORY PARK PLACE PLAZA 5602 CEOI.R WE RO ST. lOOIS PARK, MN 55416 i o .. ------------------------------------------------------------------------...1 -a-.,;.- A3 OCT 3 0 2017 City Council Meeting of December 4, 2017 (Item No. 4f) Title: Park Place Plaza Planned Unit Development Minor Amendment – Orange Theory Page 19 Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4g EXECUTIVE SUMMARY TITLE: Authorize Issuance of Special Permits for Extended Liquor Sales Hours During Super Bowl RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the issuance of special permits for extended liquor sales hours during the Super Bowl. POLICY CONSIDERATION: Does the Council want to allow current on-sale intoxicating and 3.2 on-sale liquor license holders to apply for a special 4 a.m. closing permit during the Super Bowl as allowed by special legislation? SUMMARY: During the last legislative session the omnibus tax bill that was passed included a session law (Article 11, Section 19) that provides licensing jurisdictions that issue on-sale intoxicating liquor licenses under M.S. Chapter 340A the discretion to issue special permits for service of alcohol through extended hours lasting until 4 a.m. during the Super Bowl subject to the following conditions: •Only holders of an existing on-sale intoxicating liquor license or a 3.2 malt liquor license are eligible for later closing hours. •Later closing hours apply only during the period from 12 p.m. on February 2, 2018 through 4 a.m. on February 5, 2018. •In the process of issuing a permit, the licensing jurisdiction may limit approval to a specified geographic, zoning, or license classification within its jurisdiction. •The session law expires at 4:01 a.m. on February 5, 2018. The City Attorney has provided the opinion that if the city is interested in issuing special permits for extended hours of operation during the Super Bowl a resolution would need to be adopted to authorize the extended hours of sale. Council discussed this at the study session on November 20, 2017 and directed staff to prepare a resolution for approval. FINANCIAL OR BUDGET CONSIDERATION: Local licensing jurisdictions issuing special permits for extended hours may charge a fee up to, but not exceeding, $250 for a permit. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Melissa Kennedy, City Clerk Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 4g) Page 2 Title: Authorize Issuance of Special Permits for Extended Liquor Sales Hours During Super Bowl RESOLUTION NO. 17-____ A RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL PERMITS FOR EXTENDED LIQUOR SALES HOURS DURING SUPER BOWL WHEREAS, the Minnesota Legislature, in 2017 Laws, 1st Special Session, Chapter 1, Article 11, Section 19, authorized liquor licensing jurisdictions to issue special permits for the service of alcohol until 4 a.m., with certain limitations, associated with the 2018 Super Bowl; and WHEREAS, the City Council determines that exercising such authority to temporarily allow extended sales hours as part of the 2018 Super Bowl event is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota that: 1.Authorization to Issue. The City Manager, or his designee, is authorized to issue special permits to those businesses within the City that hold an on-sale intoxicating liquor license or 3.2 malt liquor license (“Licensees”) in accordance with this Resolution. The City Manager, or his designee, is authorized to develop the application form and special permit form to implement this authorization. Licensees seeking a special permit shall submit a complete application and permit fee, as established herein, to the City Clerk prior to 4:30 p.m. on January 19, 2018. 2.Extended Hours. Licensees issued a special permit pursuant to this Resolution may extend hours of sale until 4:00 a.m. each day during the period from 12:00 p.m. on February 2, 2018 through 4:00 a.m. on February 5, 2018. 3.Permit Fee. The fee for a special permit issued under this Resolution is $250. 4.Expiration. All special permits issued under this Resolution expire at 4:01 a.m. on February 5, 2018. Reviewed for Administration: Adopted by the City Council December 4 , 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: Special Assessment for Fire Suppression Sprinkler System RECOMMENDED ACTION: Motion to Adopt Resolution establishing a special assessment for the installation of a fire suppression sprinkler system at 3925 Excelsior Blvd, St. Louis Park, MN. POLICY CONSIDERATION: This action is consistent with a policy the Council established in 1995. SUMMARY: Pat Fitzgerald, owner of the commercial building at 3925 Excelsior Blvd, has requested the City to authorize the installation of an automatic fire suppression sprinkler system for the building and assess the cost against the property in accordance with the City’s special assessment policy. The special assessment policy for installation of automatic fire sprinkler systems in existing buildings was adopted by the City Council in 1995. The City promotes the installation of fire suppression sprinkler systems and facilitates their installation to promote the general public health, safety and welfare within the community. Based on the proposed work, the system qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the installation of the fire sprinkler system and special assess the cost of the installation. The total eligible cost of the installation has been determined to be $39,385.00. An administrative fee of $197.00 shall be received prior to the release of the special assessment funds. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Cary Smith, Fire Marshal Reviewed by: Steve Koering, Fire Chief Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 4h) Page 2 Title: Special Assessment for Fire Suppression Sprinkler System RESOLUTION NO. 17-___ RESOLUTION AUTHORIZING INSTALLATION AND SPECIAL ASSESSMENT OF FIRE SPRINKLER SYSTEM AT 3925 Excelsior Blvd., St. Louis Park, MN 55416 WHEREAS, Pat Fitzgerald, the Property Owner at 3925 Excelsior Blvd. has petitioned the City of St. Louis Park to authorize a special assessment for the installation of a fire sprinkler system in the building on the Benefited Property; and WHEREAS, the Property Owner has agreed to waive their right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Fire Marshal related to the installation of the fire sprinkler system NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the fire sprinkler system is hereby accepted. 2. The installation of the fire sprinkler system in conformance with the plans and specifications approved by the Fire Department and Department of Inspections is hereby authorized. 3. The total estimated cost for the design and complete installation of the fire sprinkler system is accepted at $39,385.00. 4. An administrative fee of $197.00 for processing shall be received prior to the release of special assessment funds. 5. The total special assessment against the property will be $39,385.00. 6. The Property Owners have agreed to waive their rights to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 7. The Property Owners agree to pay the City for the cost of the above improvements through a special assessment over a ten (10) year period at four percent (4.0%) interest. 8. The Property Owners agree to execute an agreement with the City and any other document’s necessary to implement the installation of the fire sprinkler system and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council December 4, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4i EXECUTIVE SUMMARY TITLE: Special Assessment – Sewer Service Line Repair at 3412 Xenwood Avenue South RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3412 Xenwood Avenue South, St. Louis Park, MN. P.I.D. 16-117-21-31-0012. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: David Buending and Candis Carlson Buending, owners of the single family residence at 3412 Xenwood Avenue South, have requested the City to authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the City’s special assessment policy. The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owners hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owners have petitioned the City to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $5,175. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jay Hall, Utility Superintendent Reviewed by: Mark Hanson, Public Works Superintendent Beth Simonsen, Accountant Tim Simon, Chief Financial Officer Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 4i) Page 2 Title: Special Assessment – Sewer Service Line Repair at 3412 Xenwood Avenue South RESOLUTION NO. 17-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE SEWER SERVICE LINE AT 3412 XENWOOD AVENUE SOUTH P.I.D. 16-117-21-31-0012 WHEREAS, the Property Owners at 3412 Xenwood Avenue South, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 3412 Xenwood Avenue South; and WHEREAS, the Property Owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $5,175. 4. The Property Owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owners have agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 4.00%. 6. The Property Owners have executed an agreement with the City and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council December 4, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4j EXECUTIVE SUMMARY TITLE: Accept Monetary Donations to Westwood Hills Nature Center RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a monetary donation from St. Louis Park Golden Kiwanis in the amount of $100 for the Westwood Hills Nature Center Halloween Party, Cub Scout Pack 460 Grandparents in the amount of $100 for Westwood Hills Nature Center park enhancements or programs and Leslie Marcus in the amount of $100 for Westwood Hills Nature Center park enhancements or programs. POLICY CONSIDERATION: Does the City Council wish to accept these gifts with restrictions on their use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. St. Louis Park Golden Kiwanis graciously donated $100 to Westwood Hills Nature Center with the restriction that it be used for the Westwood Hills Nature Center Halloween Party. Cub Scout Pack 460 Grandparents graciously donated $100 to Westwood Hills Nature Center with the restriction that it be used for Westwood Hills Nature Center park enhancements or programs. Leslie Marcus graciously donated $100 to Westwood Hills Nature Center with the restriction that it be used for Westwood Hills Nature Center park enhancements or programs. FINANCIAL OR BUDGET CONSIDERATION: These donations will be used at Westwood Hills Nature Center for park enhancements, programs and the Halloween Party. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Carrie Mandler, Westwood Hills Nature Center Secretary / Program Aide Reviewed by: Mark Oestreich, Manager of Westwood Hills Nature Center Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 4j) Page 2 Title: Accept Monetary Donations to Westwood Hills Nature Center RESOLUTION NO. 17-____ RESOLUTION APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $100 TO BE USED FOR THE WESTWOOD HILLS NATURE CENTER HALLOWEEN PARTY AND APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $100 TO BE USED FOR WESTWOOD HILLS NATURE CENTER PARK ENHANCEMENTS OR PROGRAMS AND APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $100 TO BE USED FOR WESTWOOD HILLS NATURE CENTER PARK ENHANCEMENTS OR PROGRAMS WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, St. Louis Park Golden Kiwanis donated $100, Cub Scout Pack 460 Grandparents donated $100 and Leslie Marcus donated $100. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gifts are hereby accepted with thanks to St. Louis Park Golden Kiwanis, Cub Scout Pack 460 Grandparents and Leslie Marcus with the understanding that they must be used at Westwood Hills Nature Center for the Halloween Party and park enhancements or programs. Reviewed for Administration Adopted by the City Council December 4, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4k EXECUTIVE SUMMARY TITLE: Approve Final Payment for Project No. 4017-0003 Concrete Replacement RECOMMENDED ACTION: Motion to Adopt Resolution accepting work and authorizing final payment in the amount of $18,971.23 for the annual Concrete Replacement Project with Concrete Idea, Inc. - Project No. 4017-0003, City Contract No. 18-17. POLICY CONSIDERATION: Not applicable SUMMARY: On October 17, 2016, the City Council awarded the bid for the Concrete Replacement Project – City Project No. 4017-0003. The project was advertised, bid and awarded to Concrete Idea, Inc. in the amount of $367,950.00. This project is for miscellaneous concrete repair, including sidewalk, curb and gutter, and storm sewer catch basins at various locations in the city. This annual construction contract addressed needed concrete repairs in the pavement management area scheduled for sealcoat the following year as well as sidewalk trip hazards throughout the city. This contract was a consolidation of work identified in Pavement Management Areas 2, 3, and 5. The contractor completed this work within the contract time allowed at a final contract cost of $379,424.60 with an overrun of $11,474.60 (3.1%). The overrun was the result of additional concrete replacement work identified during the course of the contract. This additional work addressed deteriorated sidewalk panels and trip hazards that had developed since our last sidewalk inventory. FINANCIAL OR BUDGET CONSIDERATION: The cost of the work performed by the contractor under Contract No. 18-17 has been calculated as follows: Original Contract Price $ 367,950.00 Amount Due (based on actual work) $379,424.60 Previous Payments -$360,453.37 Balance Due $18,971.23 This project was included in the Capital Improvement Program (CIP). The work was paid for using Public Works Operations, Stormwater Utility, and the Pavement Management funds. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Phillip Elkin, Senior Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 4k) Page 2 Title: Approve Final Payment for Project No. 4017-0003 Concrete Replacement RESOLUTION NO. 17-___ RESOLUTION AUTHORIZING FINAL PAYMENT AND ACCEPTING THE WORK FOR THE CONCRETE REPLACEMENT PROJECT CITY PROJECT NO. 4017-0003 CONTRACT NO. 18-17 NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1.Pursuant to a written contract with the City dated October 17, 2016 Concrete Idea, Inc. has satisfactorily completed the annual concrete replacement project, as per Contract No. 18- 17. 2.The Engineering Director has filed her recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The final contract cost is $379,424.60. 4.The City Manager is directed to make final payment in the amount of $18,971.23 on the contract, taking the contractor's receipt in full. Reviewed for Administration: Adopted by the City Council December 4, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: December 4, 2017 Consent Agenda Item: 4l EXECUTIVE SUMMARY TITLE: Engineering Services for SCADA System Replacement RECOMMENDED ACTION: Motion to Adopt Resolution approving entering into a contract with AE2S for engineering services to design the replacement of our Supervisory Control and Data Acquisition (SCADA) System. POLICY CONSIDERATION: Should the city upgrade its SCADA System? SUMMARY: Staff distributed a Request for Proposals (RFP) for engineering services to design our SCADA system. SCADA stands for Supervisory Control And Data Acquisition. As its name implies, our SCADA system is an integral part of our water, sanitary and storm sewer systems. Its primary roles are to seamlessly control the operation of the three utility systems and reliably notify appropriate personnel when something is wrong. Our current system is 25 – 30 years old. Firms were requested to provide proposals to complete the following services: Assessment of Current System; System Design/Bid Documents; and Construction Oversight. Three proposals were received and interviews with the firms occurred on November 27-28, 2017. Based on the proposals and presentations, staff is recommending a contract for engineering services with AE2S for the proposed amount of $208,182. AE2S most successfully demonstrated comparable experience in similar large-scale replacement efforts and the ability to help us identify specific, prioritized needs and design appropriate, cost- effective solutions. Proposal amounts are shown below: FIRM ASSESSMENT DESIGN/BID OVERSIGHT TOTAL TKDA $51,412 $48,875 $65,686 $167,973 AE2S $29,494 $144,252 $34,436 $208,182 AECOM $10,500 $123,300 $139,500 $273,300 FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and included in the City’s Capital Improvement Program (CIP) for 2018. This project will be funded using proceeds from the Water, Sanitary Sewer and Storm Sewer Funds. VISION CONSIDERATION: Not applicable SUPPORTING DOCUMENTS: Discussion Resolution Prepared by: Mark Hanson, Public Works Superintendent Reviewed by: Tim Simon, Chief Financial Officer Clint Pires, Chief Information Officer Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 4l) Page 2 Title: Engineering Services for SCADA System Replacement DISCUSSION BACKGROUND: SCADA stands for Supervisory Control And Data Acquisition. As its name implies, our SCADA system is an integral part of our water, sanitary, and storm sewer systems. Its primary roles are to seamlessly control the operation of the three utility systems and reliably notify appropriate personnel when something is wrong. Our SCADA system automatically turns our well and booster pumps on or off to supply drinking water while simultaneously monitoring our lift stations to ensure our sanitary and storm sewers keep flowing. SCADA’s critical importance is best demonstrated by a real-world example: had Blaine’s SCADA system been operating correctly, they would not have had to issue either of their two practically back-to-back Boil Water Notices earlier this year. Our existing SCADA system was installed 25-30 years ago and has not been updated since its installation. Due to its age, the resultant system fragility and parts scarcity have led to continued increases in expensive and time-consuming repairs. As such, this project will be a complete replacement of the SCADA system, to include an evaluation of the cost/benefit of providing expandability to a variety of other applications such as video monitoring, intrusion detection, and wireless access control (e.g. card swipe). Additionally, as part of the SCADA replacement project, the City intends to convert from a radio- based system to a fiber-optic based system. The fiber connection points at each site will be provided by others as part of a separate contract managed by the City’s Information Resources Department. SELECTION PROCESS: Staff distributed a Request for Proposals (RFP) for engineering services. Firms were requested to provide proposals to complete the following services: Assessment of Current System; System Design/Bid Documents; and Construction Oversight. The selected firm will provide technical and management services as well as assist in the decision- making process regarding the design and implementation of the replacement SCADA system. After design, the consultant will develop the bid documents, coordinate the bid process, and supervise the award administration. The consultant will then act as the inspector during the build and implementation of the SCADA system. The design consultant will NOT be allowed to bid on the build project. This separation maintains the integrity of checks and balances between the design / oversight and the build phases. Three proposals were received in response to the RFP and all three firms were invited to interview with staff on November 27-28, 2017. Staff from Information Resources, Finance, and Public Works assisted in the interview process. Upon completion of the presentations, questions and discussion, staff is recommending we proceed with a contract for engineering services with AE2S. With a proposed contract amount of $208,182, AE2S most successfully demonstrated comparable experience in similar large-scale replacement efforts and the ability to help us identify specific, prioritized needs and design appropriate, cost-effective solutions. Although TKDA submitted the lowest proposal ($167,973), staff were not comfortable recommending TKDA due to the critical importance of our SCADA system and their relative lack of experience in designing similar-sized systems. At $273,300, AECOM’s proposal was ruled out due to the relative high cost of their services with no additional identifiable value. City Council Meeting of December 4, 2017 (Item No. 4l) Page 3 Title: Engineering Services for SCADA System Replacement FINANCIAL CONSIDERATION: This project was included in the City’s Capital Improvement Plan (CIP) for 2018. Anticipated total project costs and funding sources are summarized below: Estimated Costs:* Design Costs $208,200 Equipment Build Costs $1,000,000 Fiber Infrastructure Costs $1,000,000 Contingency (10%) $220,000 Total $2,428,200 Funding Sources: Water Fund $809,400 Sanitary Sewer Fund $809,400 Storm Sewer Fund $809,400 Total $2,428,200 *These costs are only a planning estimate at this time. The results of the engineering services will allow us to more accurately define the scope and cost estimates for bidding later in 2018. Staff will return in mid-Summer to request authority to advertise the “build” or construction phase of the project. The proposed overall project schedule is shown below: Proposed Schedule: Award Contract for Engineering Services December 2017 Advertise/Award Construction Contract Mid-Summer 2018 Construction Complete Mid-Summer 2019 City Council Meeting of December 4, 2017 (Item No. 4l) Page 4 Title: Engineering Services for SCADA System Replacement RESOLUTION NO. 17-____ RESOLUTION APPROVING CONTRACT WITH AE2S FOR ENGINEERING SERVICES FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM REPLACEMENT WHEREAS, the City Council approved the replacement of the City’s Supervisory Control and Data Acquisition (SCADA) System in 2018; and WHEREAS, the Staff obtained proposals for engineering services and interviewed AE2S, AECOM, and TKDA on November 27-28, 2017; and WHEREAS, after review of information and interviews, AE2S with a cost of $208,182 was selected as the lowest responsible design firm capable of providing the requested engineering services; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park that a contract for engineering services with AE2S is approved. Reviewed for Administration: Adopted by the City Council December 4, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: December 4, 2017 Boards and Commissions: 5a EXECUTIVE SUMMARY TITLE: Approve Reappointment of William McMillan to the Fire Civil Service Commission RECOMMENDED ACTION: Motion to reappoint William McMillan to the Fire Civil Service Commission with a term to expire December 31, 2020. POLICY CONSIDERATION: Does the Council wish to reappoint William McMillan to serve another term on the Fire Civil Service Commission? SUMMARY: The Fire Civil Service Commission is regulated by Minnesota Statutes Chapter 420. Section 420.03 states that “all vacancies in the commission shall be filled by appointment by the council within 30 days after the vacancy occurs”. William McMillan’s term on the Fire Civil Service Commission expires on December 31, 2017. He has communicated with staff that he wishes to be reappointed to a new term on the Fire Civil Service Commission. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None. Prepared by: Melissa Kennedy, City Clerk Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: December 4, 2017 Action Agenda Item: 5b EXECUTIVE SUMMARY TITLE: Approve Appointment of Youth Representative to Human Rights Commission RECOMMENDED ACTION: Motion to appoint Jack Ostrovsky to the Human Rights Commission for the current term ending August 31, 2018. POLICY CONSIDERATION: Not applicable SUMMARY: The City received an application from Jack Ostrovsky to serve as a youth member on the Human Rights Commission. Mr. Ostrovsky is very interested in human rights issues and is excited for the opportunity to make a positive difference in the community. Youth members are appointed to one-year terms, beginning on August 31 of each year. The Human Rights Commission has two youth positions. If Mr. Ostrovsky’s appointment is approved, both positions will be filled. Following appointment by council, Mr. Ostrovsky will go through an orientation program with the staff liaison prior to the start of his service. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None. Prepared by: Melissa Kennedy, City Clerk Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: December 4, 2017 Public Hearing Agenda Item: 6a EXECUTIVE SUMMARY TITLE: 2018 Proposed Budget, Tax Levies and Truth in Taxation Public Hearing RECOMMENDED ACTION: • Information will be presented pertaining to the 2018 Budget, 2018 Preliminary Property Tax Levy, and other general tax and budgetary information. • After the presentation, the Mayor is asked to open the public hearing, solicit comments and close the public hearing. There is no other formal action required at this meeting. POLICY CONSIDERATION: • Does the City Council still desire to set the 2018 Final Property Tax Levy at $31,748,368 which is a 4.90% increase over the 2017 Final Property Tax Levy? Or, does the City Council desire to certify a different amount? • Does the City Council still desire to levy the maximum HRA Levy allowed by State Statute at $1,172,786. Or, does the City Council desire to certify a lesser amount? SUMMARY: Included is information pertaining to the 2018 Budget and 2018 Preliminary General Property Tax and HRA levies. Information is also provided on the tax impacts to a residential property for Council to consider. In addition, there is a brief discussion on 2018 utility rates that were approved on October 16, 2017. The 2018 Preliminary Property Tax Levy increase adopted on September 18th was 5.35%, but based on analysis and Council direction, it is being proposed at 4.90% for Council consideration. FINANCIAL OR BUDGET CONSIDERATION: The proposed tax levies and approved utility rates will help support necessary City services, capital improvements, and debt service obligations for Fiscal Year 2018. VISION CONSIDERATION: All Vision areas are taken into consideration. SUPPORTING DOCUMENTS: Discussion 2018 Residential Est. City Share of Prop. Taxes – 4.90% Written Comments Received Prepared by: Tim Simon, Chief Financial Officer Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 6a) Page 2 Title: 2018 Proposed Budget, Tax Levies, and Truth in Taxation Public Hearing DISCUSSION BACKGROUND: The 2018 budget was prepared as a means to continue to build on Vision St. Louis Park and the key organizational cultural behaviors of Collaboration, Quality and Responsiveness including Advancing Race Equity. On June 26, 2017, staff met with the City Council to discuss the 2018 Budget Process. Council agreed that staff should follow recommendations from the “2018 Budget Production Guidelines” when preparing the 2018 Budget. Assumptions for the 2018 Budget included a pattern similar to past years; a levy increase, modest increase in other fees and charges where appropriate to fit with business costs, maintain high quality and responsive service delivery, hold expenditures flat where possible with adjustments for some modest growth based on essential business needs, funding for a wage and benefit contribution increase, utility rate adjustments, and continued long range financial planning. In addition, Council discussed business needs and operations as it related to preparing the 2018 budget. At the August 14th and September 5th, 2017 City Council Study Sessions, the City Council reviewed information from the staff report and subsequently directed staff to prepare a 2018 Preliminary Property Tax Levy increase of 5.35% when compared to the 2017 Final Property Tax Levy. In addition, the City Council directed staff to proceed with preparing the 2018 Preliminary HRA Levy at the maximum allowed by state statute. On September 18th, the EDA and City Council adopted the 2018 Preliminary HRA Levy of $1,172,786. Also, the City Council adopted the 2018 Preliminary Property Tax Levy of $31,884,702, which is approximately 5.35% over the 2017 Final Property Tax Levy. On October 9th, 2017 staff and the City Council reviewed the 2018-2027 Capital Improvement Plan and long range financial management plan. A few changes to the plan are highlighted below: • Included the Fastpitch Softball fields at Aquila Park to the 2018 project list. Funding estimates are $800,000 from the park improvement fund and $400,000 from G.O. bonds to be issued in 2018. Amounts would be adjusted if any grants are received. • The timing of the 911 server system and software replacement ($150,000) is requested to move up to 2018 from 2019 due to the age of the equipment. We have sufficient E-911 funds, which are restricted for this purpose, to cover changing from 2019 to 2018. Council also directed staff to proceed with utility rate adjustments, which were approved on October 16th, effective 2018. On November 13th, 2017 staff reviewed a number of items to reduce the final levy to 4.90% which included moving the Council programs levy line item to the General Fund as an ongoing budget item ($198,000). We have unspent Council programs funds from prior years ($100,000) that we will use for 2018. Also, due to timing of the recruitment processes for new positions that provided a savings. Additional revenue was adjusted for our Police State Aid based on revenue trends. City Council Meeting of December 4, 2017 (Item No. 6a) Page 3 Title: 2018 Proposed Budget, Tax Levies, and Truth in Taxation Public Hearing Budget Webpage, E-mail, and Facebook live: As Council is aware, in an effort to provide a more transparent budget process, staff has created a webpage on the City’s website and an e-mail address for any questions that arise. The link is: https://www.stlouispark.org/government/departments- divisions/finance/city-budget and the e-mail address is: budget@stlouispark.org. For the first time ever we did a Facebook live budget overview on November 14, 2017. Some statistics as of writing the report are: 2,313 people reached, 816 unique views, 891 minutes viewed, and 888 video views. 2018 Preliminary Adopted Levy, updated 2018 Levy and General Fund Budget. 1. The 2018 Preliminary Property Tax Levy was adopted on September 18th at $31,884,702, which is approximately 5.35% more than the 2017 Final Levy. 2. The updated Property Tax levy being considered on December 18th at $31,748,368, which is approximately 4.90% more than the 2017 Final Levy. 3. The Proposed 2018 General Fund Budget is $37,898,933, which is an increase of approximately 5.8% compared to the 2017 Adopted Budget. The proposed breakdown of the 4.90% Proposed Property Tax Levy by fund is shown below: 2017 2018 $ Change % Change Final Levy Proposed 2017 to 2018 2017 to 2018 TAX CAPACITY BASED TAX LEVY General Fund 24,748,436$ 25,705,886$ 957,450$ 3.87% Park Improvement Fund 810,000 810,000 - 0.00% Capital Replacement Fund 1,767,700 1,767,700 - 0.00% Debt Service-current 2,139,937 3,164,782 1,024,845 47.89% Debt Service-future 300,000 - (300,000) -100.00% Employee Benefit Fund 200,000 200,000 - 0.00% Housing Rehabilitation Fund 100,000 100,000 - 0.00% Council Programs (1)198,000 - (198,000) -100.00% TAX CAPACITY BASED TAX LEVIES 30,264,073$ 31,748,368$ 1,484,295$ 4.90% 1= Moved to the General Fund as an ongoing operating budget line item. Contingency – Council Programs ($198,000). HRA Levy Based on current and future infrastructure needs, the HRA Levy is recommended to be set at the maximum allowed of 0.0185% of estimated market value for the 2018 Budget, which is consistent with previous years. This levy is committed to pay back a loan from the Development Fund that helped cash flow the City’s obligation for the Highway 7 and Louisiana interchange project and is expected to be paid off by 2019-2020. By law these funds could also be used for other housing and redevelopment purposes, but considering the significant infrastructure needs within the City, the proceeds have not been used for housing. Therefore, staff has calculated the maximum HRA Levy for 2018 to be $1,172,786 based on valuation data from Hennepin County. Staff is recommending the 2018 Final HRA Levy be set at the maximum. City Council Meeting of December 4, 2017 (Item No. 6a) Page 4 Title: 2018 Proposed Budget, Tax Levies, and Truth in Taxation Public Hearing Utility Funds The changes in utility rates for 2018 were formally adopted by the City Council on October 16, 2017 for consumption or services provided beginning on January 1, 2018. These rates are consistent with the goal of achieving long-term sustainability in the funds. For 2018, the approximate cumulative effect on a typical residential property for all the utility rate adjustments would be an increase of $5.38 per month, or approximately $16.14 per quarter. This calculation is based on a household size of four using 30 units of water per quarter (22,500 gallons) and 60 gallon solid waste service. Water, Sewer, and Storm Water rates are largely driven by our capital replacement plan for infrastructure. Estimated City Impact for 2018 on Median Value Home Based on maximum 5.35% levy increase, and realizing there are many variables in estimating the City impact on a residential homesteaded property, a median value residential property that increased in value from $240,100 to $254,200 for 2018 is estimated to see an increase in the City’s share of property taxes of approximately $5.37 per month or approximately $64.43 for the year. Based on revised 4.90% levy increase, and realizing there are many variables in estimating the City impact on a residential homesteaded property, a median value residential property that increased in value from $240,100 to $254,200 for 2018 is estimated to see an increase in the City’s share of property taxes of approximately $4.95 per month or approximately $59.44 for the year. NEXT STEPS: As the 2018 budget process nears completion, the following steps remain: December 4 Truth in Taxation Public Hearing and budget presentation. December 11 (If needed) - Public Hearing continuation and any budget discussion. December 18 Council adopts 2018 Budgets, final tax levies (City and HRA), and 2018 - 2027 CIP. OTHER: As of the writing of this report, there was one email received as a comment on the budget and levy, which is included as an attachment. CITY OF ST. LOUIS PARKRESIDENTIAL HOMESTEAD ESTIMATED CITY SHARE OF PROPERTY TAXES2018 PRELIMINARY PROPERTY TAX LEVY4.90% INCREASE* These are estimated figures at particular price points.Homes at the price points will not experience these exact changes.Val. Taxable Taxable Estimated City Tax Dollar Dollar Percent2016 For 2017 For % Market Market 2017 2018 Change Change ChangePay 2017 Pay 2018 ChangeValue 2017Value 2018Annual Per Month175,000 173,600 -0.8%153,510 151,984 709.22 694.84-14.38 -1.20 -2.0%200,000 209,600 4.8%180,760 191,224 835.11 874.2439.13 3.26 4.7%225,000 236,000 4.9%208,010 220,000 961.01 1,005.8044.79 3.73 4.7%240,100 254,200 5.9%224,469 239,838 1,037.05 1,096.4959.44 4.95 5.7%250,000 266,700 6.7%235,260 253,463 1,086.90 1,158.7871.88 5.99 6.6%300,000 319,200 6.4%289,760 310,688 1,338.69 1,420.4081.71 6.81 6.1%400,000 422,000 5.5%398,760 422,000 1,842.27 1,929.3087.03 7.25 4.7%500,000 526,500 5.3%500,000 526,500 2,310.00 2,437.34127.34 10.61 5.5%Assumptions:2017 and 2018 tax capacity rate based on Hennepin County information. Tax capacity rates increase from 1% to 1.25% for values over $500,000.= Median Value Home in St. Louis ParkAssessed Market Val.City Council Meeting of December 4, 2017 (Item No. 6a) Title: 2018 Proposed Budget, Tax Levies and Truth in Taxation Public HearingPage 5 City Council Meeting of December 4, 2017 (Item No. 6a) Title: 2018 Proposed Budget, Tax Levies and Truth in Taxation Public HearingPage 6 City Council Meeting of December 4, 2017 (Item No. 6a) Title: 2018 Proposed Budget, Tax Levies and Truth in Taxation Public HearingPage 7 City Council Meeting of December 4, 2017 (Item No. 6a) Title: 2018 Proposed Budget, Tax Levies and Truth in Taxation Public HearingPage 8 Meeting: City Council Meeting Date: December 4, 2017 Action Agenda Item: 6b EXECUTIVE SUMMARY TITLE: ACSLP, LLC dba AC St. Louis Park - On-Sale Intoxicating and On-Sale Sunday Liquor Licenses RECOMMENDED ACTION: Mayor to open public hearing, take public testimony, and close public hearing. Motion to approve application from ACSLP, LLC dba AC St. Louis Park for an On-Sale Intoxicating and On-Sale Sunday Liquor License for the premises located at 5075 Wayzata Boulevard with a license term through March 1, 2018. POLICY CONSIDERATION: Does the applicant meet the requirements for the issuance of the requested licenses? SUMMARY: The City received an application from ACSLP, LLC dba AC St. Louis Park, for an On-Sale Intoxicating and On-Sale Sunday liquor license for the property located at 5075 Wayzata Boulevard. The licensed premises will be the AC Hotel by Marriott consisting of a ground floor lounge/restaurant area with indoor seating for approximately 163 guests and an outdoor rooftop patio with seating for approximately 72 guests. Food service will be available in both the indoor and outdoor spaces. Thomas Torgerson and John Dammermann are the main principals listed on the application and Holly Rath will be responsible for day-to-day management duties, including the sale and service of alcohol. The applicant intends to open for business in early 2018. The principals on the application hold financial interest in numerous other businesses in the State that hold valid liquor licenses and operate restaurants in conjunction with hotels. The Police Department conducted a full background investigation, and nothing was discovered during the course of the investigation that would warrant denial of the license. The application and police report are on file in the City Clerk’s office, should Council members wish to review the information. The required notice of the public hearing was published on November 16, 2017. Should Council approve the liquor license, no actual license will be issued until all requirements have been met with the City Inspections Department, Hennepin County, and the State Alcohol and Gambling Enforcement Division. FINANCIAL OR BUDGET CONSIDERATION: Fees include $500 for the background investigation and $8,900 for the On-Sale Intoxicating and On-Sale Sunday licenses. Pursuant to City Code provisions, the license fee will be pro-rated for the remainder of the license term. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Melissa Kennedy, City Clerk Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: December 4, 2017 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Ordinance Amendment Related to the Solid Waste Management Code RECOMMENDED ACTION: Motion to approve the first reading of an Ordinance amending the Solid Waste Management code, and to set the second reading for December 18, 2017. POLICY CONSIDERATION: Does the City Council wish to amend the Solid Waste Management code? A simple majority vote of the Council (4) is needed to approve the recommended motion. SUMMARY: Staff initiated a request to amend the Solid Waste Management (Chapter 22) code. The proposed ordinance was reviewed by the City Attorney. A summary of the proposed changes was presented to the City Council (August 28, 2017), stakeholders (two sessions) and city staff. The input received resulted in several edits to clarify intent and create consistency within the City Code. These changes were presented to Council in a report on November 20, 2017. The solid waste management code (Chapter 22) was first adopted in 1976 and was last amended in 2003. In recent years, staff has kept track of items in code that require clarification, code items that are out-of-date, items missing or not included in current code, and discussions arising from administration of the ordinance in anticipation of amending the code. This amendment is a total re-write of the chapter and proposes policy changes to update definitions, bring the city curbside program requirements in line with current practices, clarify and improve recycling requirements for multi-family buildings, add recycling requirements for commercial buildings, revise standards for backyard compost bins, and update bulk material container (dumpster) requirements. The amended ordinance would take effect January 12, 2018, with the exception of Section 22-38 (a)which would take effect July 1, 2018. NEXT STEPS: If approved, the second reading will be scheduled for the December 18, 2017, Council meeting. SUPPORTING DOCUMENTS: Discussion Draft Ordinance Prepared by: Emily Barker, Solid Waste Program Specialist Reviewed by: Scott Merkley, Public Works Services Manager Mark Hanson, Public Works Superintendent Cynthia S. Walsh, Director of Operations & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of December 4, 2017 (Item No. 8a) Page 2 Title: Ordinance Amendment Related to the Solid Waste Management Code DISCUSSION A draft copy of the ordinance is attached. Listed below is a summary of the proposed changes in Chapter 22. (Sec. 22-3) Definitions. All definitions for Chapter 22 are now in the same section within the chapter. Adding definitions for bulk waste, cart, city, collection, collection point, commercial building, construction demolition debris, dwelling unit, electronics, garbage hold, hauler, hazardous waste, licensed food establishment, major appliances, residential building, responsible party, service capacity, state, and video display device. Updating definitions for back yard, bulk material container (formerly construction debris container), commercial establishment, compost, garbage, incinerator, licensed solid waste collector (formerly licensed collector), multi-family residential building (formerly multiple-family residential structure), organic materials, organized collection program (formerly authorized or designated recycling program), recyclable materials, single-family building (formerly residential property), solid waste, and yard waste. Removing definitions for browns, compost structure, greens, inorganic material, and refuse. (Sec. 22-4 to 22-6) Brings sections relevant to all solid waste activities, whether residential or commercial, under the same article. (Sec. 22-6) Enforcement. Adds enforcement language. (Sec. 22-11 to 22-34) Brings all sections relevant to the residential curbside program under the same article. (Sec. 22-13) Ownership of solid waste materials. Existing ordinance has ownership of “garbage and refuse” being vested in the city once set out for collection, whereas recyclable materials remain with the generator. In the update, all materials remain the ownership of the generator until collected by the hauler, at which time the hauler takes ownership. (Sec. 22-15) Container storage. Change to allow storage of carts adjacent to and abutting a garage in the alley right-of-way (between the garage and the alley). The existing ordinance does not allow storage of carts in the alley right-of-way, a practice which has existed for many years and is violation of the existing ordinance but, from a practical perspective, is not being enforced. (Sec. 22-22, 22-26, 22-30) Time of collection for all solid waste services. Current ordinance requires that collection occur between 7 a.m. to 5 p.m. Monday through Friday and 9 a.m. to 5 p.m. on Saturdays when necessary (such as a holiday week). This does not match our current practice and agreements with haulers needed to complete route collection. Hours for collection are being changed to 7 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 6 p.m. on Saturday. (Sec. 22-22) Frequency of collection for garbage. In order to allow for potential every-other- week collection in the future, the ordinance must be amended to change the current frequency requirement from “every week” to “no less frequently than every-other- City Council Meeting of December 4, 2017 (Item No. 8a) Page 3 Title: Ordinance Amendment Related to the Solid Waste Management Code week.” While this will not require every-other-week collection for all residents, it creates flexibility to allow for every-other-week collection service in the future. (Sec. 22-27 to 22-30) Organics recycling. Add requirements for organics recycling, as the current ordinance does not include language regarding organics. (Sec. 22-35 to 22-41) Multi-family recycling. Current ordinance, as well as state law, require recycling in all multi-family buildings. The intent of the proposed changes is to improve the programs available to residents who live in multi-family buildings. Weekly service capacity. State Building Code requires that available space for the collection of recyclable materials be sufficient to contain all the recyclable materials generated from the building. Through waste sorts done by the state and Hennepin County, it is known that at least 50 percent of household materials generated could be recycled, but service capacity in multi-family buildings is often insufficient to accommodate these materials. The amendment would require that multi-family buildings in the city have a minimum of 20 gallons of recycling service per dwelling unit (or one cubic yard per ten units) each week. This can be achieved by adjusting the size of dumpsters or number of carts or by increasing the frequency of collection service. Recycling education (multi-family). The responsible party for a multi-family property shall provide recycling information to all tenants at least once per year. Educational materials are available through Hennepin County at no cost. (Sec. 22-42 to 22-56) Commercial recycling. The City of St. Louis Park currently has no recycling requirements for commercial buildings. The ordinance creates a new article for commercial buildings. (Sec. 22-42 to 22-46) Recycling at existing commercial buildings. Any commercial building constructed or permitted prior to January 1, 2018, will need to ensure compliance with Article IV Division I (Existing Commercial Buildings), which is largely a reiteration of state laws and codes. This includes Minnesota 115A.151 which went into effect on January 1, 2016, and requires recycling of at least three material types for buildings that contract for four cubic yards or more per week of solid waste. Division I also requires that the collection point for recyclable materials must be “in close proximity” to the collection point for garbage. In addition, if a building was permitted prior to January 1, 2018, and additional requirements were put in place by the city through conditional use or other permitting agreements, those requirements must be followed along with these new requirements. (Sec. 22-46) Separation of recyclable materials by commercial establishments. Commercial establishments located in commercial buildings shall separate materials for recycling. (Sec. 22-47 to 22-53) Recycling at new or expanded existing commercial buildings. Any commercial building permitted and constructed on or after January 1, 2018, will City Council Meeting of December 4, 2017 (Item No. 8a) Page 4 Title: Ordinance Amendment Related to the Solid Waste Management Code need to ensure compliance with Division II (New or Expanded Commercial Buildings). These commercial buildings will need to provide recycling collection for all traditional recyclables (i.e. paper and cardboard, glass, metal, plastics), as well as organics recycling if they intend, at any point, to contain a licensed food establishment. Article IV Division II requires that the collection point for recyclables must be “immediately adjacent” to the collection point for garbage. Additionally, the weekly service capacity of recycling (combined with organics recycling, if organics recycling is provided or required) shall be equal to or greater than the weekly garbage capacity. (Sec. 22-53) Separation of recyclable materials and organic materials by commercial establishments. Commercial establishments located in commercial buildings shall separate materials for recycling. Licensed food establishments shall also separate organic materials for organics recycling. (Sec. 22-55) Recycling education (commercial). The responsible party (property owner or property manager) at all commercial buildings will be required to provide educational materials to tenants explaining the materials accepted. (Sec. 22-57 to 22-60) Backyard composting. The primary change in the backyard composting article is to allow additional materials out of which a compost bin may be constructed. Existing ordinance limits materials to wood, plastic or fiberglass. The change would allow wood, wire mesh, plastic, or concrete block, or a commercially available bin designed for composting. This is in line with guidance from the Minnesota Pollution Control Agency, Hennepin County, and University of Minnesota. (Sec. 22-61 to 22-62) Bulk material containers. This amendment changes “construction debris containers” (dumpsters) to “bulk material containers” to reflect that these containers are also used to collect solid waste from household cleanouts (e.g. broken furniture, toys, etc.), as well as at multi-family and commercial properties, which is not construction and demolition (C&D) debris. Bulk material containers include dumpsters, tubs, pods, soft-sided dumpster bags. The term soft-sided dumpster bags is new to address the increasing use of such products. Timeframes for how long containers are allowed to be on a property are different for C&D versus those used for solid waste. Current ordinance allows C&D containers to be on a property for six months in a 12-month period, and this will remain unchanged for containers, including soft-sided dumpster bags used for C&D debris, so long as an active construction permit is in place with the City. Current solid waste ordinance does not address bulk material containers used for solid waste. The amendment would create a separate category for solid waste containers used to collect items such as bulk waste (household goods, furniture, broken toys, etc.), both on a permanent and a temporary basis. Containers used for temporary solid waste collection would have a time limit of 14 days, which is in line with zoning ordinance in Chapter 36. Permanent containers are required to have a lid or be in a building or covered enclosure. City Council Meeting of December 4, 2017 (Item No. 8a) Page 5 Title: Ordinance Amendment Related to the Solid Waste Management Code ORDINANCE NO.____-17 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO SOLID WASTE MANAGEMENT THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The St. Louis Park Solid Waste Management Code (Chapter 22) is hereby amended by deleting the current language in its entirety and replacing it with underscored language. Chapter 22 SOLID WASTE MANAGEMENT* Article I. In General Sec. 22-1. Short title. Sec. 22-2. Purpose and intent. Sec. 22-3. Definitions. Sec. 22-4. Collection and transportation of solid waste within the city. Sec. 22-5. Disposal prohibitions. Sec. 22-6. Enforcement. Sec. 22-7--22-10 Reserved. Article II. Single-Family Residential Curbside Collection Program Division 1. Generally Sec. 22-11. Purpose. Sec. 22-12. Collection supervised by director of operations and recreation. Sec. 22-13. Ownership of solid waste materials. Sec. 22-14. City-provided carts. Sec. 22-15. Solid waste container storage. Sec. 22-16. Solid waste collection point requirements. Sec. 22-17. Carts and container maintenance requirements. Sec. 22-18. Unauthorized collection. Sec. 22-19. Solid waste service rates. Division 2. Garbage Sec. 22-20. Purpose. Sec. 22-21. Garbage collection requirements. Sec. 22-22. Frequency and times of collection. Division 3. Recycling Sec. 22-23. Purpose. City Council Meeting of December 4, 2017 (Item No. 8a) Page 6 Title: Ordinance Amendment Related to the Solid Waste Management Code Sec. 22-24. Designation of items. Sec. 22-25. Recycling collection requirements. Sec. 22-26. Frequency and times of collection. Division 4. Organics Recycling Sec. 22-27. Purpose. Sec. 22-28. Designation of items. Sec. 22-29. Organics recycling collection. Sec. 22-30. Frequency and times of collection. Division 5. Yard Waste Sec. 22-31. Purpose. Sec. 22-32. Designation of items. Sec. 22-33. Yard waste collection. Sec. 22-34. Frequency and times of collection. ARTICLE III. Multi-family Recycling Sec. 22-35. Purpose. Sec. 22-36. Recyclable materials collected. Sec. 22-37. Recyclable materials collection point. Sec. 22-38. Service capacity and frequency of collection. Sec. 22-39. City-contracted collection. Sec. 22-40. Education and reporting. Sec. 22-41. Disposal. ARTICLE IV. Commercial Recycling Division 1. Existing Commercial Buildings Sec. 22-42. Purpose. Sec. 22-43. Applicable buildings. Sec. 22-44. Recyclable materials collected. Sec. 22-45. Recyclable materials collection point. Sec. 22-46. Separation of recyclable materials. Division 2. New or Expanded Commercial Buildings Sec. 22-47. Purpose. Sec. 22-48. Applicable buildings. Sec. 22-49. Recyclable materials collected. Sec. 22-50. Recyclable materials collection point. Sec. 22-51. Organic materials collection point. Sec. 22-52. Service capacity. Sec. 22-53. Separation of recyclable materials and organic materials. Division 3. All Commercial Buildings City Council Meeting of December 4, 2017 (Item No. 8a) Page 7 Title: Ordinance Amendment Related to the Solid Waste Management Code Sec. 22-54. Frequency of collection. Sec. 22-55. Education and reporting. Sec. 22-56. Disposal. ARTICLE V. Backyard Composting Sec. 22-57. Permits. Sec. 22-58. Duties of owner, occupant or tenant. Sec. 22-59. Conditions of composting. Sec. 22-60. Nuisance. ARTICLE V. Bulk Material Containers Sec. 22-61. Purpose. Sec. 22-62. Regulations. -------- *Cross reference(s)--Buildings and building regulations, Ch. 6; businesses and licenses, Ch. 8; environment and public health, Ch. 12; snow and rubbish removal, § 24-341 et seq.; utilities, Ch. 32. State law reference(s) --Waste management generally, M.S.A. Ch. 115A; hazardous waste, M.S.A § 116.06, subd. 11; authority to regulate solid waste disposal, M.S.A. § 412.221, subd. 22; recycling space, M.S.A. § 1303.1500. City Council Meeting of December 4, 2017 (Item No. 8a) Page 8 Title: Ordinance Amendment Related to the Solid Waste Management Code ARTICLE I. IN GENERAL Sec. 22-1. Short title. This Chapter shall be known and may be cited as the Solid Waste Ordinance of the city, and will be referred to as “this Chapter.” (Code 1976, § 9-301; Ord. No. 2249-03, § 1, 9-2-2003) Sec. 22-2. Purpose and intent. The purpose and intent of this Ordinance is to: (a) Ensure that the organized collection program is conducted in an orderly fashion to avoid adverse effects on public health, welfare, safety and the environment. (b) Promote the health, safety, and general welfare of the citizens of St. Louis Park, and enhance and preserve the quality and value of resources by the proper management of solid waste. (c) Aid and promote the processing of recyclable materials and organic materials by means other than deposit in a landfill or by incineration at a waste-to-energy facility. (d) Encourage and improve opportunities for waste reduction, reuse, recycling, and organics recycling. Sec. 22-3. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Back yard means the area between a line created by extending the rear face of the principal building and the rear lot line. Bulk material container means any four-sided industry standard container including but not limited to a dumpster, tub, pod, or soft-sided dumpster bag that is used for the collection, storage or transport of large volumes of construction demolition debris or solid waste. Bulk waste means large household items that are too large to fit in city-provided garbage carts. Cart means city-provided carts with hinged lids and wheels that are provided to residents for the collection of solid waste. City means the City of St. Louis Park. Collection means the aggregation of material from the place at which it is generated and includes all activities up to the time the material is delivered to a licensed facility. Collection point means a location designated for the collection of solid waste. Commercial building means any building, or portion of a building, containing one or more commercial establishment, that is subject to the requirements of the building and fire codes approved for an occupancy use other than residential occupancy. Commercial establishment means a commercial or industrial enterprise of any kind, and includes clubs, schools, places of worship or assembly, and nonprofit organizations. City Council Meeting of December 4, 2017 (Item No. 8a) Page 9 Title: Ordinance Amendment Related to the Solid Waste Management Code Compost is the product resulting from composting. Composting is the controlled biological decomposition of organic materials. It is an aerobic method of speeding natural decomposition. Construction demolition debris means any waste building materials, packaging and rubble resulting from the construction, repair and demolition of buildings. Dwelling unit means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. Electronics means computers, including tablet computers and laptops, peripherals, printers, facsimile machines, DVD players, video cassette recorders, video display devices, and other devices as required under the Minnesota Electronics Recycling Act. Garbage means the portion of solid waste that is not separated at the source by the generator for the purpose of reuse, recycling, or organics recycling. Garbage hold means a temporary suspension of all solid waste services for an extended period of time, at minimum four consecutive weeks. Hauler means a licensed solid waste collector hired by the city to collect solid waste through the organized collection program. Hazardous waste means any waste material in any form which because of its quantity, concentration, or characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to explosives, flammables, oxidizers, poisons, irritants, and corrosives. Incinerator means a permitted facility used for the destruction of solid waste by fire. Licensed food establishment means a food establishment with a Hennepin County license in one of the following categories: “Medium Food – Small Menu,” “High Food – Small Facility,” or “High Food – Large Facility.” Licensed solid waste collector means any person holding a valid license from the city who shall offer to, or engage in, the collection of solid waste in the city. Major appliances means clothes washers and dryers, dishwashers, hot water heaters, heat pumps, furnaces, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, and freezers. Multi-family residential building means any residential building consisting of five or more dwelling units. City Council Meeting of December 4, 2017 (Item No. 8a) Page 10 Title: Ordinance Amendment Related to the Solid Waste Management Code Organic materials means the portion of solid waste that is separated at the source by the generator for the purpose of food to animals, composting, or anaerobic digestion, and may include food scraps, plant materials, compostable paper, and compostable products that have been tested and verified to meet the standards in ASTM D6400 or ASTM D6868. Organized collection program means an authorized program for the collection of solid waste from single-family residential buildings in the city, and which is contracted for, instituted by, and coordinated by the city. Recyclable materials means the portion of solid waste that is separated at the source by the generator for the purpose of recycling, and is comprised of materials deemed recyclable by a local materials recovery facility or Hennepin County and city solid waste staff in collaboration with local materials recovery facilities. Residential building means a building, or any portion of a building, consisting of one or more dwelling units. Responsible party means the owner, or their designee, of a commercial or multi-family building or complex. Service capacity is the total volume of service contracted for on a weekly basis from a licensed solid waste collector(s) for the collection of garbage, recyclable materials, or organic materials. Single-family residential building means any residential building consisting of four or fewer separate dwelling units. Solid waste means garbage, recyclable materials, organic materials, yard waste, appliances, bulk waste, and other solid waste from residential or commercial buildings, and activities thereof, that the generator of the material aggregates for collection, but does not include construction demolition debris, hazardous waste, dirt, rocks, sod, or sewage sludge. State means the State of Minnesota. Video display device means a television or computer monitor that contains a cathode-ray tube or a flat panel screen, but does not include a video display device that is part of a motor vehicle, larger piece of equipment, or household appliance. Yard waste means compostable plant material including grass clippings, leaves, weeds, garden plants, and brush and branches under four inches in diameter and four feet in length. Sec. 22-4. Collection and transportation of solid waste within the city. (a) Any person or party engaging in the business of solid waste collection within the city must first obtain a solid waste collector's license from the city. Such collection shall be done in compliance with all applicable ordinances of the city. (b) The owner or occupant of any premises at which solid waste has accumulated, persons who desire to dispose of solid waste not collected by the city, and solid waste collectors from outside of the city who desire to haul over the streets of the city, shall: City Council Meeting of December 4, 2017 (Item No. 8a) Page 11 Title: Ordinance Amendment Related to the Solid Waste Management Code (1) Use a vehicle provided with a tight cover and so operated and maintained as to prevent offensive odors escaping therefrom, and solid waste from being blown, dropped or spilled from the vehicle. (2) Keep receptacles on vehicles and all equipment used in the performance of the work in a clean, sanitary condition and as free from offensive odors as possible. (3) Not be allowed to stand in any street, alley or other place longer than is reasonably necessary to collect solid waste. (4) Comply with ordinances of the city and laws or regulations of the state relating to sanitation and collection of solid waste. (c) This Chapter does not prohibit the following activities: (1) The owner or occupant of any premises at which solid waste has accumulated from giving away, selling or otherwise disposing of such solid waste in accordance with the provisions of this Chapter and with any other applicable law or ordinances; (2) Licensed solid waste collectors from collecting solid waste from commercial or multi- family buildings within the city. (3) Licensed solid waste collectors from outside the city from hauling such solid waste over city streets, provided that such collectors comply with the provisions of this section and with any other applicable ordinances of the city or state laws. Sec. 22-5. Disposal prohibitions. (a) Solid waste or any other materials may not be disposed of by the following means: (1) Private incineration. No solid waste, construction demolition debris or hazardous waste shall be disposed of by burning except in an incinerator of an approved type as regulated and permitted by the state. (2) Dumping. No solid waste, construction demolition debris, hazardous waste, dirt, rocks, or sod shall be disposed of by dumping or disposal at or on any place within the city. (3) Scattering of solid waste or littering. No person shall cast, spill, place, sweep or deposit anywhere within the city any solid waste, construction demolition debris or hazardous waste in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any other premises within the city. (Code 1976, § 9-308; Ord. No. 2249-03, § 1, 9-2-2003) (b) The following materials require special disposal methods and may not be deposited through regular solid waste collection: (1) Major appliances, automobile or truck tires, video display devices. In accordance with state law, these items may not be disposed and must be properly recycled. (2) Hazardous waste materials. Hazardous waste materials shall be properly discarded as directed by the city, Hennepin County, or the state. i. Explosive or highly flammable materials. Explosive or highly flammable material shall be disposed of as directed by the fire chief at the expense of the owner or possessor. (3) Infectious disease materials. Materials such as, but not limited to, bedding, wearing apparel or utensils from residential or commercial buildings where highly infectious or contagious diseases are present shall be disposed of as directed by the Minnesota Department of Health at the expense of the owner or possessor. Sec. 22-6. Enforcement. City Council Meeting of December 4, 2017 (Item No. 8a) Page 12 Title: Ordinance Amendment Related to the Solid Waste Management Code (a) When a violation of this Chapter has occurred, the resident or responsible party shall be subject to Sections 1-13 or 1-14 of the City Code. (b) Any person aggrieved by a regulation of, or fee charged by the city shall have the right of appeal to the city council which shall have the authority to confirm, modify or revoke any such regulation or fee. Sec. 22-7--22-10 Reserved. ARTICLE II. SINGLE-FAMILY RESIDENTIAL CURBSIDE COLLECTION PROGRAM DIVISION 1. GENERALLY Sec. 22-11. Purpose. This Article is designed to ensure that the organized collection program is conducted in an orderly fashion to avoid adverse effects on public health, welfare, safety and the environment. Sec. 22-12. Collection supervised by director of operations and recreation. All solid waste collected, conveyed and disposed of by the city shall be under the supervision of the director of operations and recreation, or their designee. The director, or their designee, shall have the authority to make regulations concerning the days of collection, type and location of collection containers, and such other matters pertaining to the collection, conveyance and disposal as the director shall find necessary, and to change and modify the regulations in accordance with the provisions of this Article and contract between the city and its hauler(s). Sec. 22-13. Ownership of solid waste materials. Ownership of solid waste materials placed out for collection remains with the individuals or household from which the materials originated until collected by the hauler at which point they become the responsibility and property of the hauler. Materials not prepared, cleaned or stored according to city specifications will not be collected and shall remain the responsibility and property of the individuals or household from which the materials originated. Sec. 22-14. City-provided carts. Carts for residential collection under the city’s contract will be provided by the city. City-provided carts are owned by the city and shall remain the property of the city. City-provided carts shall not be marked or modified in any way. Sec. 22-15. Solid waste container storage. Except when placed out for collection on the designated collection day, city-provided carts and resident-owned yard waste containers shall be stored inside a building or outside on the property. If stored outside, carts must be: (a) At least four (4) feet from any interior lot lines that are adjacent to a habitable building; City Council Meeting of December 4, 2017 (Item No. 8a) Page 13 Title: Ordinance Amendment Related to the Solid Waste Management Code (b) Located behind the extended building line adjacent to any street; (c) Placed in such a manner to prevent them from being overturned. Carts and yard waste containers may be stored in the alley right-of-way immediately adjacent to and abutting a garage if no portion of the cart extends into the alley itself. Carts and yard waste containers shall never be stored in the alley itself. Sec. 22-16. Solid waste collection point requirements. Collection of solid waste through the city’s organized collection program will occur at curb and alley locations. (a) Cart placement - City-provided carts and resident-owned yard waste containers or bags shall be placed for collection on the premises at ground level and accessible from the street or alley from which collection is made. Carts shall not be placed in the street or alley or on any sidewalk. (1) Carts should be placed in such a manner to prevent them from being overturned. (2) In winter months, carts may not be placed on top of snowbanks. Residents must clear a space of snow for their carts to be safely collected as close to ground level as possible. Sec. 22-17. Carts and container maintenance requirements. Residents shall keep all carts and containers in a clean and sanitary condition so as to prevent the cart and containers or contents thereof from becoming a nuisance that may breed insects or attract vermin. The city does not replace serviceable carts due to odor or unclean conditions. No cart or container shall have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents. City-provided carts that become damaged shall be reported to the city by the resident and shall be repaired or replaced with a serviceable cart by the city. Resident-owned yard waste containers not complying with the requirements of this section shall be promptly repaired or replaced by the resident upon notice by the city. Sec. 22-18. Unauthorized collection. No person or entity other than one expressly authorized by the city council shall take or collect solid waste set out for collection through the city’s organized collection program. Sec. 22-19. Solid waste service rates. Solid waste service rates include the garbage, recycling, organics recycling, and yard waste collection provided to single-family residential buildings within the city. (a) Solid waste service rates shall be set by city council resolution annually. Rates will be set based on a pay-as-you-throw model, with the volume of garbage service determining the total rate. (b) Each residential customer will be charged a solid waste service charge regardless of whether they utilize the service. Customers who apply for a garbage hold or opt-out of service allowance, and are approved by the city, shall receive a temporary suspension of all solid waste services and charges. City Council Meeting of December 4, 2017 (Item No. 8a) Page 14 Title: Ordinance Amendment Related to the Solid Waste Management Code (c) Solid waste charges are included as part of customer utility bills and will be sent to customers via mail or electronic billing for each billing period. The proceeds from collection of these bills shall be placed in a separate solid waste fund. (d) All charges for solid waste service shall be due and payable within 21 days after the billing date. Accounts shall be considered delinquent when not paid within three (3) business days following the due date, and a penalty in an amount set by city council resolution shall be added to the amount due. Such charges shall be a charge against the owner of the premises, and shall be certified by the city clerk to the finance division who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served for collection as other taxes. (e) Additional services beyond those included in the city program that are offered by the hauler, for a separate fee, shall include: (1) Collection and proper disposal in accordance with any state laws for bulk waste, electronics, and appliances. Unless otherwise specified by the city, costs for the collection and disposal of such items shall be charged by the hauler directly to the customer. (2) Extra collection for garbage, recycling, organics recycling, and yard waste beyond the standard collection frequency and upon request by a customer. Costs for this service shall be charged by the hauler directly to the customer. (3) Walk-up service for garbage, recycling, and organics recycling, upon request by a customer. Costs for this service shall be charged by the hauler directly to the customer. (Code 1976, § 9-307, Ord. No. 2249-03, § 1, 9-2-2003; Ord. No. 2324-06, 1-12-07) DIVISION 2. GARBAGE Sec. 22-20. Purpose. This division is designed to ensure that garbage collection, as part of the organized collection program, is conducted in an orderly fashion to avoid adverse effects on public health, welfare, safety and the environment. Sec. 22-21. Garbage collection requirements. Garbage shall be bagged and sealed, and placed in the city-provided garbage cart. Garbage must fit inside the city-provided garbage cart with the cart lid closed. If a resident has more garbage than will fit in the cart with the cart lid closed, the resident may purchase an "extra garbage" sticker from the city, place the garbage in a securely sealed bag for collection, affix the sticker, and place the bag alongside the cart for collection at the same time as the cart. Extra garbage stickers may not be used on bulk waste items. If a resident has more garbage than will fit into the cart on a regular basis, a larger service size may be selected. Sec. 22-22. Frequency and times of collection. Garbage shall be collected by the hauler at an interval determined by city contract with the hauler, but no less frequently than every-other-week. Collection of garbage by the hauler will take place between 7 a.m. and 6 p.m. Monday through Friday and 8 a.m. and 6 p.m. on Saturday when necessary. Garbage from residences shall be placed out for collection curbside or alley side by 7 a.m. on the designated City Council Meeting of December 4, 2017 (Item No. 8a) Page 15 Title: Ordinance Amendment Related to the Solid Waste Management Code collection day, and the cart(s) shall be retrieved as soon as practical after collection on the day of collection and returned to the storage location. DIVISION 3. RECYCLING Sec. 22-23. Purpose. This division is designed to ensure that recyclable materials collection, as part of the organized collection program, is conducted in an orderly fashion to avoid adverse effects on public health, welfare, safety and the environment. Sec. 22-24. Designation of items. The city shall prepare a list of acceptable recyclable materials allowed to be included in the city’s organized collection program. This list shall be provided to all residents who receive city solid waste collection services at least once per year. Such items must be: (a) Generally accepted by the recycling industry for remanufacture; (b) Able to be cleaned, prepared and stored in a manner to protect the public health, welfare, safety or the environment; (c) Able to be collected and recycled without threatening the economic viability of the city’s organized collection program. Sec. 22-25. Recycling collection requirements. Recyclable materials shall be unbagged, unless otherwise specified by the city, and placed loosely in the city-provided recycling cart. If a resident has more recyclable materials than will fit in the cart, the resident may request an additional cart. Extra recyclable materials may also be placed next to the recycling cart in a paper bag, cardboard box, or resident-owned container. Under no circumstances shall recyclable materials be bagged in plastic bags of any kind. All recyclable materials intended and set out for collection shall be cleaned, prepared and stored in accordance with city specifications. Sec. 22-26. Frequency and times of collection. Recyclable materials shall be collected by the hauler at an interval determined by city contract with the hauler, but no less frequently than every-other-week. Collection of recycling by the hauler will take place between 7 a.m. and 6 p.m. Monday through Friday and 8 a.m. and 6 p.m. on Saturday when necessary. Recycling from residences shall be placed out for collection curbside or alley side by 7 a.m. on their designated collection day, and the carts shall be retrieved as soon as practical after collection on the day of collection and returned to the storage location. DIVISION 4. ORGANICS RECYCLING Sec. 22-27. Purpose. This division is designed to ensure that organic materials collection, as part of the organized collection program, is conducted in an orderly fashion to avoid adverse effects on public health, welfare, safety and the environment. Sec. 22-28. Designation of items. City Council Meeting of December 4, 2017 (Item No. 8a) Page 16 Title: Ordinance Amendment Related to the Solid Waste Management Code The city shall prepare a list of acceptable organic materials allowed to be included as part of the city’s organized organics recycling program. This list shall be provided to all residents who participate in the city’s organics recycling program, at least once per year. Such items must be generally accepted by the composting industry for composting. Sec. 22-29. Organics recycling collection. Organic materials shall be bagged and sealed in compostable bags that meet the ASTM D6400 standard, unless otherwise specified by the city, and placed in the city-provided cart. Organic materials may not be bagged in non-compostable plastic bags. Failure to use a city-provided cart will void the opportunity to participate in the organics recycling program. Sec. 22-30. Frequency and times of collection. Organic materials shall be collected by the hauler weekly throughout the year. Collection of organics recycling by the hauler will take place between 7 a.m. and 6 p.m. Monday through Friday and 8 a.m. and 6 p.m. on Saturday when necessary. Organics recycling shall be placed out for collection curbside or alley side by 7 a.m. on the designated collection day, and the carts shall be retrieved as soon as practical after collection on the day of collection and returned to the storage location. DIVISION 5. YARD WASTE Sec. 22-31. Purpose. This division is designed to ensure that yard waste collection, as part of the organized collection program, is conducted in an orderly fashion to avoid adverse effects on public health, welfare, safety and the environment. Sec. 22-32. Designation of items. Materials accepted in the city’s yard waste collection program include grass clippings, leaves, weeds, garden plants, and brush and branches under four inches in diameter and four feet in length. Sec. 22-33. Yard waste collection. The resident is responsible for providing yard waste containers or bags. (a) Yard waste containers and bags shall not exceed forty pounds when filled. (b) In accordance with state law, any bag used to contain yard waste shall be compostable, such as paper yard waste bags or compostable plastic bags that meet the ASTM D6400 standard. (c) Brush and limbs under four inches in diameter and four feet in length may alternatively be bundled with string or twine and placed on the ground at the solid waste collection point. Sec. 22-34. Frequency and times of collection. Yard waste shall be collected by the hauler weekly throughout the yard waste season, as determined by city staff. Collection of yard waste by the hauler will take place between 7 a.m. and 6 p.m. Monday through Friday and 8 a.m. and 6 p.m. on Saturday when necessary. Yard waste shall be placed out for City Council Meeting of December 4, 2017 (Item No. 8a) Page 17 Title: Ordinance Amendment Related to the Solid Waste Management Code collection curbside or alley side by 7 a.m. on the designated collection day, and the containers shall be retrieved as soon as practical after collection on the day of collection and returned to the storage location. ARTICLE III. MULTI-FAMILY RECYCLING Sec. 22-35. Purpose. The purpose of this Article is to require the collection of recyclable materials in all multi-family residential buildings such as apartments, townhomes, or condominiums within the city. Sec. 22-36. Recyclable materials collected. The responsible party for each multi-family building shall ensure that collection is available for all recyclable materials generated within the building. Sec. 22-37. Recyclable materials collection point. (a) The responsible party for each multi-family building shall ensure that the collection point for recyclable materials is available and accessible to all tenants at all times. (b) The collection point for recyclable materials shall be located in close proximity to the collection point for garbage. (c) The collection point shall consist of designated and labeled containers or chutes for each material type. (d) The responsible party shall ensure that, in accordance with state law, available space for the collection of recyclable materials is sufficient to contain all the recyclable materials generated from the building. Sec. 22-38. Service capacity and frequency of collection. (a) By July 1, 2018, the responsible party for each multi-family building shall ensure that the weekly service capacity for recyclable materials be a minimum of 20 gallons per dwelling unit. (b) Solid waste from a multi-family building shall be collected no less than once each week and as often as once each business day if necessary to protect public health. Sec. 22-39. City-contracted collection. The provisions of this Article notwithstanding, the city, at any time, and from time to time, may contract with a licensed solid waste collector for collection of recyclable materials and/or organic materials from some or all multi-family buildings. If the city so contracts, recyclable materials and/or organic materials shall be collected from the premises by the licensed solid waste collector under contract with the city and on terms and conditions set out in such contract. Sec. 22-40. Education and reporting. (a) The responsible party for a multi-family building shall provide educational material and instructions related to the collection of solid waste within the building to: (1) Each residential tenant located at the premises annually by March 31; (2) A new residential tenant no later than the 30th day after the tenant occupies the premises; and City Council Meeting of December 4, 2017 (Item No. 8a) Page 18 Title: Ordinance Amendment Related to the Solid Waste Management Code (3) Each residential tenant located at the premises no later than the 30th day after a change in solid waste services offered. (b) Educational material and instructions may be provided in print or electronic form, and shall include information on the location of available collection points and accepted recyclable materials and, if provided, organic materials. (c) The responsible party shall report to the city upon written request such information relative to the program for separation, storage, and collection of recyclable materials and organic materials then in effect for their complex. Sec. 22-41. Disposal. Recyclable materials and organic materials collected from multi-family buildings for the purpose of recycling and/or organics recycling shall not, in any event, be: (a) Deposited in any landfill; (b) Burned in any waste-to-energy facility; or (c) Deposited or distributed in any way or manner contrary to applicable law, statute, ordinance, rule, or regulation. ARTICLE IV. COMMERCIAL RECYCLING DIVISION I. EXISTING COMMERCIAL BUILDINGS Sec. 22-42. Purpose. The purpose of this division is to require recycling in existing commercial buildings. Sec. 22-43. Applicable buildings. This division shall apply to commercial buildings that meet the following: (a) Permitted or constructed prior to January 1, 2018. (1) If a building was permitted or constructed prior to January 1, 2018, and additional recycling requirements were put in place by the city through conditional use or other permitting agreements, those requirements must be followed in addition to the requirements set forth in this division. (b) Contains one or more commercial establishments classified in sectors 42 to 81 under the North American Industrial Classification System. (c) Contracts for four cubic yards or more per week of solid waste collection. Sec. 22-44. Recyclable materials collected. In accordance with state law, the responsible party for each commercial building shall ensure that at least three recyclable material types, such as, but not limited to, paper, glass, plastic, and metal, be collected for recycling. Sec. 22-45. Recyclable materials collection point. (a) The responsible party for each commercial building shall ensure that the collection point for recyclable materials is available and accessible to all tenants at all times. City Council Meeting of December 4, 2017 (Item No. 8a) Page 19 Title: Ordinance Amendment Related to the Solid Waste Management Code (b) The collection point for recyclable materials shall be located in close proximity to the collection point for garbage. (c) The collection point shall consist of designated and labeled containers or chutes for each material type. (d) The responsible party shall ensure that, in accordance with state law, available space for the collection of recyclable materials is sufficient to contain all the recyclable materials generated from the building. Sec. 22-46. Separation of recyclable materials. In commercial buildings regulated under this division: (a) Every commercial establishment within the commercial building shall separate recyclable materials from all other solid waste. DIVISION II. NEW OR EXPANDED COMMERCIAL BUILDINGS Sec. 22-47. Purpose. The purpose of this division is to require recycling in new or expanded existing commercial buildings. Sec. 22-48. Applicable buildings. This division shall apply to commercial buildings that meet the following: (a) Permitted and constructed on or after January 1, 2018. (b) Permitted or constructed prior to January 1, 2018, but that increases the square footage of the building through the construction of an addition or remodel after that date. Sec. 22-49. Recyclable materials collected. The responsible party for each commercial building shall ensure that collection is available for all recyclable materials generated within the building. Sec. 22-50. Recyclable materials collection point. (a) The responsible party for each commercial building shall ensure that the collection point for recyclable materials is available and accessible to all tenants at all times. (b) The collection point for recyclable materials shall be located immediately adjacent to the collection point for garbage. (c) The collection point shall consist of designated and labeled containers or chutes for each material type. (d) The responsible party shall ensure that, in accordance with state law, available space for the collection of recyclable materials is sufficient to contain all the recyclable materials generated from the building. Sec. 22-51. Organic materials collection point. City Council Meeting of December 4, 2017 (Item No. 8a) Page 20 Title: Ordinance Amendment Related to the Solid Waste Management Code (a) The responsible party for each commercial building containing one or more licensed food establishments shall ensure that the collection point for organic materials is available and accessible to licensed food establishments at all times. (b) The collection point for organic materials shall be located immediately adjacent to the collection point for garbage. Sec. 22-52. Service capacity. (a) The responsible party shall ensure that the combined weekly service capacity for recyclable materials and organic materials be equal to or greater than the weekly service capacity for garbage. Sec. 22-53. Separation of recyclable materials and organic materials. In commercial buildings regulated under this division: (a) Every commercial establishment located in the commercial building shall separate recyclable materials from all other solid waste. (b) Every licensed food establishment in the commercial building shall separate organic materials from all other solid waste. (1) Nothing in this ordinance shall preclude a licensed food establishment from donating left over or unsold food that is safe for human consumption to a food bank, shelter, or other food reuse program. DIVISION III. ALL COMMERCIAL BUILDINGS Sec. 22-54. Frequency of collection. (a) Solid waste from a commercial building shall be collected no less than once each week and as often as once each business day if necessary to protect public health. Sec. 22-55. Education and reporting. (a) The responsible party for a commercial building shall provide educational materials and instructions related to the collection of solid waste within the building to: (1) Each commercial establishment located at the premises annually by March 31; (2) A new commercial establishment no later than the 30th day after the commercial establishment occupies the premises; and (3) Each commercial establishment located at the premises no later than the 30th day after a change in solid waste services offered. (b) Educational material and instructions may be provided in print or electronic form, and shall include information on the location of available collection points and accepted recyclable materials and, if provided, organic materials. (c) The responsible party shall report to the city upon written request such information relative to the program for separation, storage, and collection of recyclable materials and organic materials then in effect for their complex. Sec. 22-56. Disposal. City Council Meeting of December 4, 2017 (Item No. 8a) Page 21 Title: Ordinance Amendment Related to the Solid Waste Management Code Recyclable materials and organic materials collected from commercial buildings for the purpose of recycling and/or organics recycling shall not, in any event, be: (a) Deposited in any landfill; (b) Burned in any waste-to-energy facility; or (c) Deposited or distributed in any way or manner contrary to applicable law, statute, ordinance, rule, or regulation. ARTICLE V. BACKYARD COMPOSTING Sec. 22-57. Permits. No permit is required to compost or to install a compost bin. Sec. 22-58. Duties of owner, occupant or tenant. Every owner, occupant or tenant of any premises who composts shall do so in a sanitary and environmentally sound manner, shall use a compost bin that meets the design standards described in this section, and shall meet all other standards set forth in this ordinance. Sec. 22-59. Conditions of composting. Composting is allowed provided the following conditions are met: (a) Acceptable materials. Only materials deemed acceptable by city staff and listed on the city’s website may be placed in a compost structure. Examples of acceptable materials include, but are not limited to yard waste, fruit and vegetable scraps, eggshells, tea bags, coffee grounds, and paper coffee filters. (b) Unacceptable materials. Materials deemed unacceptable by city staff and listed on the city’s website shall not be placed in a compost structure under any circumstances. Examples of unacceptable materials include meat, bones, grease, eggs, dairy products, animal remains, feces, or inorganic materials such as rocks, plastics, or synthetic fibers. (c) Compost bin. All composting must occur in a compost bin which meets the following: (1) Designed to limit odors; (2) Designed to limit rodent and pest access; (3) Enclosed on all sides and have a lid; (4) Constructed of durable material such as wood, wire mesh, plastic, or concrete block, or a combination thereof, or be a commercially available compost bin designed for composting organic materials; (5) Not exceed a total of 150 cubic feet in volume for compost bins on lots with a residential structure or a total of 200 cubic feet in volume for compost bins on lots without a residential structure. (d) Location on property. Compost bins shall be located: (1) In the back yard; (2) At least five (5) feet from a trail, street or alley. (3) At least five (5) feet from a property line adjacent to any city park. i. A compost bin may be installed at a public park in conjunction with a community garden, subject to all the setbacks and regulations of this section. City Council Meeting of December 4, 2017 (Item No. 8a) Page 22 Title: Ordinance Amendment Related to the Solid Waste Management Code (4) At least 15 feet from the edge of a surface water body. (5) At least 15 feet from any inhabited building. (e) Maintenance. Compost bins and materials placed therein shall be properly maintained at all times to minimize odors and to promote effective decomposition of the organic materials in a safe, secure and sanitary manner. (Ord. No. 2382-10, 4-30-10) Sec. 22-60. Nuisance. Compost bins or materials placed therein that are not in compliance with this section shall be declared a public nuisance and are subject to abatement and assessment as provided in Chapter 12 of this Code. ARTICLE VI. BULK MATERIAL CONTAINERS Sec. 22-61. Purpose. The purpose of this Article is to establish minimum standards for bulk material containers (e.g. dumpster, tub, pod, or soft-sided dumpster bag), and to prohibit placement of such containers on city property. Sec. 22-62. Regulations. (a) Container labeling. Bulk material containers shall be clearly labeled with the name and phone number of the container owner. (b) Container location. Bulk material containers shall not be located on any city property or right-of-way including streets, alleys, boulevards, or sidewalks. Containers shall be placed in a location that will ensure the least possible obstruction to pedestrian and vehicular traffic, as well as provide for the safety of the general public and residents living in the area. (c) Container specifications. a. Bulk material containers shall be watertight. b. Bulk material containers that are used to collect solid waste on a permanent basis, such as those located at multi-family or commercial properties, and are emptied onsite by a licensed solid waste collector are required to have a lid or cover that is kept closed when not in use or be stored inside a building or enclosure with a roof. (d) Materials collected. Materials collected in a bulk material container shall not exceed three feet in height from the top of the container, and shall not spill out to create a public nuisance. (e) Duration of time allowed. Bulk material containers that are used: a. To collect construction demolition debris shall not be located on an individual lot or parcel for more than six months during any 12-month period when an active building permit is in place with the city. b. To collect solid waste on a temporary basis shall not be located on an individual lot or parcel for more than 14 days during any 12-month period. (Ord. No. 2198-01, § 1, 5-21-2001; Ord. No. 2249-03, § 1, 9-2-2003) City Council Meeting of December 4, 2017 (Item No. 8a) Page 23 Title: Ordinance Amendment Related to the Solid Waste Management Code SECTION 2. This ordinance shall take effect following passage and publication according to law, on January 12, 2018. Public Hearing/First Reading December 4, 2018 Second Reading December 18, 2018 Date of Publication December 28, 2018 Date Ordinance takes effect January 12, 2018 Reviewed for Administration Thomas K. Harmening, City Manager Attest: Melissa Kennedy, City Clerk Adopted by the City Council December 4, 2017 Jake Spano, Mayor Approved as to Form and Execution: Soren Mattick, City Attorney