HomeMy WebLinkAbout2018/03/19 - ADMIN - Agenda Packets - City Council - RegularAGENDA
MARCH 19, 2018
(Mayor Spano & Councilmember Mavity Out)
6:15 p.m. SPECIAL STUDY SESSION – Community Room
Discussion Item
1. 6:15 p.m. Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
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 March 5, 2018
4. Approval of Agenda
5.Reports -- None
6.Old Business – None
7.New Business
7a. Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
Recommended Action: Conduct the Public Hearing and Adopt Resolution approving the
Purchase and Redevelopment Contract between the EDA and SLP Park Ventures, LLC.
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
2.Presentations
2a. 2017 Police Officer of the Year
3. Approval of Minutes
3a. Special Study Session Meeting Minutes of March 5, 2018
3b. Study Session Meeting Minutes of March 12, 2018
Meeting of March 19, 2018
City Council Agenda
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 -- None
6. Public Hearings -- None
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Aquila Park – Conditional Use Permit
Recommended Action: Motion to Adopt Resolution granting a Conditional Use Permit
(CUP) to the City of St. Louis Park allowing the import of 17,000 cubic yards of soil for
the infill and re-grading of the Aquila Park site in association with the construction of
two fast pitch softball fields, subject to conditions.
8b. Bais Yaakov Girls’ High School – Conditional Use Permit with Variance
Recommended Action: Motion to Adopt Resolution granting a Conditional Use Permit
(CUP) with Variance for the operation of a girls’ high school at 4503 and 4509
Minnetonka Boulevard, subject to conditions.
8c. Zoning Ordinance Amendment to Allow Clear Acrylic as a Class I Material for
Greenhouses
Recommended Action: Motion to approve First Reading of Ordinance amending
Chapter 36 of the City Code relating to architectural material for greenhouses, and to set
the second reading for April 2, 2018.
8d. 2018 International Association of Firefighters (IAFF) Local #993 Labor Agreement
Recommended Action: Motion to Adopt Resolution approving a labor agreement
between the City and the IAFF Local #993, establishing terms and conditions of
employment for two years, from 1/1/18 – 12/31/19.
9. Communications – None
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 of March 19, 2018
City Council Agenda
CONSENT CALENDAR
4a. Adopt Resolution approving the conveyance of property from the City of St. Louis Park
to the St. Louis Park Economic Development Authority pursuant to the proposed
Purchase and Redevelopment Contract with SLP Park Ventures, LLC.
4b. Adopt Resolution authorizing a minor amendment to the Knollwood Village Conditional
Use Permit to modify the building elevations.
4c. Approve Second Reading and Adopt Ordinance adding Section 36-268-PUD 9 to the
Zoning Code and amending the Zoning Map from O-Office to PUD 9 for the land located
at 9808 and 9920 Wayzata Blvd, and approve the summary ordinance for publication.
4d. Approve Second Reading and Adopt Ordinance vacating right-of-way and to approve the
ordinance summary for publication.
4e. Designate Visu-Sewer, Inc. as the lowest responsible bidder and authorize execution of
a contract with the firm in the amount of $363,734.00 for the Sanitary Sewer Gravity
Mainline Rehabilitation - Project No. 4018-3000.
4f. Adopt Resolution authorizing the special assessment for the repair of the sewer service
line at 3933 Monterey Avenue South, St. Louis Park, MN P.I.D. 07-028-24-12-0113.
4g. Adopt Resolution approving final plans and specifications, and authorizing
advertisement for bids (Project No. 4018-1500).
4h. Authorize execution of an amendment to a professional services contract with Kimley-
Horn and Associates, Inc. in the amount of $1,333,755 for the Louisiana Avenue Bridge
/ Road Reconstruction Project – Phase 1- (Louisiana Circle to Excelsior Boulevard)
Project No. 4018-1700.
4i. Approve the annual reports submitted by Boards and Commissions at the annual meeting
with Council on February 26, 2018.
4j. Adopt Resolution granting a Conditional Use Permit (CUP) for Lifetime Fitness allowing
the excavation of 1,034 cubic yards of material to construct an addition to their existing
facility at 5525 Cedar Lake Road, subject to conditions.
4k. Approve for filing Fire Civil Service Commission Meeting Minutes of September 18,
2017.
4l. Approve for filing Planning Commission Meeting Minutes of January 17, 2018.
4m. Approve for filing Planning Commission Meeting Minutes of February 7, 2018.
4n. Approve for filing Planning Commission Meeting Minutes of February 21, 2018.
4o. Approve for filing Telecommunications Commission Meeting Minutes of December 13,
2017.
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.
Meeting: Special Study Session
Meeting Date: March 19, 2018
Discussion Item: 1
EXECUTIVE SUMMARY
TITLE: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
RECOMMENDED ACTION: None at this time. Staff will present a concept multimodal design
for Monterey Drive, and SRF Consulting will present the Bridgewater Bank Traffic Study.
POLICY CONSIDERATION:
• What is the city council’s feedback on the concept multimodal design?
• Does the city council have questions regarding the Bridgewater Traffic Study?
• Does the city council have further expectations of the development proposal related to
traffic and circulation?
SUMMARY: Bridgewater Bank proposes a 4-story, 84,000 square foot office building for
Bridgewater Bank’s Headquarters. The development incorporates a bank branch, retail and service
uses, an entrepreneurial co-working space and three levels of structured parking at the northeast
intersection of Monterey Drive and Excelsior Boulevard. The development was discussed at the
January 8, 2018 study session. A traffic study was subsequently completed, and will be presented
to the city council for comments.
The city is in the process of preparing a concept design for Monterey Drive to better accommodate
all modes of travel, including vehicles, bicycles and pedestrians as part of Connect the Park. A
traffic study was done to examine how the improvements influence safety and level of service
(LOS) on Monterey Drive using vehicle projections and surrounding development out to 2040.
The redesign has implications for the Bridgewater Bank development site access, and will be
presented to the city council for feedback.
Both studies were presented during a neighborhood meeting for the Bridgewater Bank proposal
on February 15, 2018. Approximately 30 neighbors were in attendance. Attendees responded
positively to the overall project design, and voiced appreciation for the broader view the city is
taking regarding traffic on Monterey Drive. Overall, neighbors seemed to be in favor of further
study and more detailed design for changes to Monterey Drive. There was also some dissatisfaction
about having less convenient access for cars.
The Bridgewater Traffic study concluded that roadway impacts are minimal and do not warrant
additional mitigation assuming the proposed multi-modal improvements are completed. Note that
staff feels the three quarter intersection at Park Commons Drive/Monterey Drive be considered
regardless of whether the Bridgewater Bank proposal proceeds
FINANCIAL OR BUDGET CONSIDERATION: There are extraordinary costs associated with
the proposed redevelopment site and building. The developer will request tax increment financing
to mitigate the extraordinary costs.
SUPPORTING DOCUMENTS: Discussion
Bridgewater Traffic Study
Multi-Modal Traffic Study
Prepared by: Jennifer Monson, Planner; Jack Sullivan, Senior Engineering Project Manager
Reviewed by: Sean Walther, Planning and Zoning Supervisor; Karen Barton, Community
Development Director; Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
Special Study Session Meeting of March 19, 2018 (Item No. 1) Page 2
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
DISCUSSION
BACKGROUND: The proposed redevelopment site is located at 4424 and 4400 Excelsior
Boulevard, and 3743 Monterey Drive. The site is located in the Wolfe Park neighborhood at the
northeast quadrant of Excelsior Boulevard and Monterey Drive. The proposed redevelopment is
east of Excelsior & Grand and Trader Joes.
Site Area: 2.42 acres
Current Uses: Vacant and occupied commercial buildings
Comprehensive Plan: MX-Mixed Use
Current Zoning: C-2 General Commercial & R4 Multi-family Residential
Proposed Zoning: PUD-Planned Unit Development
Surrounding Land Uses: North: Multi-family and nursing home uses
East: Small scale commercial
West: Excelsior & Grand / Trader Joes
South: Small scale commercial
Special Study Session Meeting of March 19, 2018 (Item No. 1) Page 3
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
PRESENT CONSIDERATIONS:
Multimodal Study: As part of the 2018 Connect the Park plan, city staff has begun preliminary
design for the bikeway along the Wooddale Avenue/ Quentin Avenue corridor starting at 44th
Street at the city border with Edina, north to Park Commons Drive, east to Monterey Drive and
then north to the intersection of Monterey Drive and Beltline Boulevard. The segment of Monterey
Drive north of Excelsior Boulevard has required additional study to better account for the many
needs of this segment of roadway.
Therefore prior to studying the effects the Bridgewater Bank proposal might have on the Monterey
Drive corridor, the city undertook a multimodal study to understand the potential future redesign
of Monterey Drive between Excelsior Boulevard and Beltline Boulevard to better accommodate
all modes of traffic. The city will be completing Connect the Park capital improvements for
pedestrian, bicyclist, and vehicular safety in this area in the next two to three years.
The city hired SRF Consulting Group to evaluate transportation changes if Monterey Drive was
converted to a three-lane roadway, and developed a corridor layout to illustrate the various
multimodal improvements.
The concept multimodal redesign includes:
• On-street bike lanes,
• Wider sidewalks adjacent to the Bridgewater site and the apartments to the north,
• A roundabout at the intersection of Beltline Boulevard and 36th Street, with an entrance
and exit to the Rec Center,
• A ¾ intersection at Park Commons Drive and Monterey Drive,
• An intersection design at Excelsior Boulevard and Monterey Drive that accommodates U-
turn turning movements, and
• Lane reductions from four/five lanes to two lanes with turning lanes throughout most of
the corridor, and widening back out to four/five lanes between Park Commons Drive and
Excelsior Boulevard.
Special Study Session Meeting of March 19, 2018 (Item No. 1) Page 4
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
An intersection capacity analysis was conducted for all proposed improvements for the existing
four-lane and proposed three-lane roadway configurations. The results showed that all
intersections operate at an acceptable overall LOS C or better during the a.m. and p.m. peak hours.
Two traffic control options were considered at the Monterey Drive/Beltline Boulevard
intersection; a traffic signal and a hybrid roundabout, in addition to the reduced lane configuration.
Both traffic control options facilitate the transition between the four-lane 36th Street and potential
3-lane Monterey Drive, albeit in different configurations. According to an intersection capacity
analysis of both options, the 3-lane hybrid roundabout design improved access, reduced vehicle
delay and reduced pedestrian crossing distances at the intersection.
The Park Commons Drive intersection was also studied to address the existing safety and
operational issues that occur. The study recommends a three-quarter access at the Monterey
Drive/Park Commons Drive intersection, which restricts the eastbound left-turn movement but
allows all other movements. This improvement addresses the safety/operational issues, and creates
a safer and more cohesive pedestrian/bicyclist network.
It is assumed that a three-quarter intersection at Monterey Drive/Park Commons Drive would
increase the demand for U-turn movements at Excelsior Boulevard/Monterey Drive. A sensitivity
analysis was completed for this intersection that assumed zero percent, 50 percent, and 100 percent
of existing eastbound left-turn motorists at the Monterey Drive/Park Commons Drive intersection
would reroute to make a southbound U-turn at Excelsior Boulevard/Monterey Drive. The
sensitivity test showed the Excelsior Boulevard/Monterey Drive intersection will operate similarly
under each scenario, and does not significantly impact intersection capacity.
Bridgewater Bank Traffic Study: A traffic study was conducted by SRF Consulting as part of the
Bridgewater Bank Headquarters development proposal. The study found that the proposed
development is expected to have a relatively minimal impact on traffic in the area.
Several traffic studies have been done in this area over the past few years. Being cognizant of
these additional studies, the Bridgewater Traffic Study included all of the intersections as far as
Quentin Avenue and Excelsior Boulevard. All of the traffic impacts were localized around the site,
and as such, the report focuses on the intersections at Monterey Drive, Excelsior Boulevard,
Kipling Avenue, and 36-1/2 Street.
The development proposal anticipates Access A as a right-in/right-out onto Excelsior Boulevard
at an existing curb cut, Access B as a 3/4 intersection across from Park Commons Drive, Access
C as a right-in/right-out onto Monterey, and Access D as a full access intersection. The study also
accounts for internal site circulation, and models the surface parking lot connected to P-1 via a
down-only ramp. P-1 can also be accessed via Access C. P-2 is only accessed via Access D, and
there are no internal connections from P-2 to P-1.
Special Study Session Meeting of March 19, 2018 (Item No. 1) Page 5
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
The study looked at existing roadway conditions, no-build conditions in 2020 assuming the
multimodal improvements are installed, and 2020 build conditions. The proposed development is
expected to have a relatively minimal impact on the traffic in the study area, and all intersections
operate at an overall LOS C or better.
Special Study Session Meeting of March 19, 2018 (Item No. 1) Page 6
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
Neighborhood Meeting: A neighborhood meeting was held on February 15, 2018, to discuss the
development proposal, the multimodal study, and the Bridgewater traffic study. The overall
reaction to the development design, and changes to Monterey Drive were positive.
There were mixed views expressed regarding the Park Commons Drive U-turn movement. Some
attendees preferred the U-turn, saying they do not like making a left out of Park Commons Drive,
and some people preferred the left turn movement. However, it was highlighted by staff that the
3/4 intersection was to the benefit of pedestrians and bicyclists, safety for all users, and improved
the wait time for all vehicles at the Park Commons Drive intersection, even though the east/north
bound movement for cars taking the U-turn is about equal to today.
Concerns included:
•The 4 to 3 lane conversion, and how that would affect traffic in the Minikahda Vista
neighborhood,
•The inconvenience the ¾ intersection at Park Commons Drive would cause drivers wanting
to turn northbound on Monterey Drive,
•Additional wait times on Kipling Avenue and Excelsior Boulevard for people wanting to
go south or east,
•Increased traffic on 36-1/2 Street,
•Whether the design would make the roadway safer for pedestrians and bicyclists, and
•Demand for U-turn movements at both Excelsior Boulevard and 36-1/2 Street.
Support included:
•The 4 to 3 lane conversions,
•Wider sidewalks,
•Bike lanes,
•Safety improvement and reduced wait times for most drivers at ¾ intersection at Park
Commons Drive,
Special Study Session Meeting of March 19, 2018 (Item No. 1) Page 7
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
•Round-a-bout at 36th Street and Beltline Boulevard, with ingress and egress to the Rec
Center, which could reduce left turns at 361/2 Street and provide easier crossing
movements for pedestrians,
•Safer roadway for all users.
NEXT STEPS: Bridgewater intends to apply for preliminary and final plat approval, and a
rezoning. A portion of the property is zoned R4 Multiple Family Residential. Any rezoning from
residential to commercial requires 5 affirmative votes from city council.
The applicant controls two of the parcels and proposes to acquire the EDA parcel at 3743 Monterey
Drive.
The developer also intends to request tax increment financing to defray a portion of extraordinary
costs associated with the development that would prevent the project from being financially
feasible.
The Engineering Department will be holding a neighborhood meeting on April 5, 2018 to discuss
the 2018/2019 Connect the Park capital improvements that will be occurring in the area. More
detailed designs for Monterey Drive will be available at that time.
Memorandum
ONE CARLSON PARKWAY, SUITE 150 | MINNEAPOLIS, MN 55447 | 763.475.0010 | WWW.SRFCONSULTING.COM
SRF No. 10857.00
To: Sean Walther, Planning & Zoning Supervisor
City of St. Louis Park
From: Matt Pacyna, PE, Principal
Emily Gross, PE, Associate
Date: February 8, 2018
Subject: 4400 Excelsior Boulevard Traffic Study
Introduction
SRF has completed a traffic study for the proposed 4400 Excelsior Boulevard development in the City
of St. Louis Park (see Figure 1: Project Location). The main objectives of this study are to review
existing operations within the study area, evaluate traffic impacts to the adjacent roadway network,
and recommend any necessary improvements to accommodate the proposed development. It should
be noted that several land use and site configurations have been reviewed for the subject site over the
past few years. However, the current proposed plan represents a change in land use type and scale
from the previous efforts, which warrants reevaluation. Therefore, the following sections provide the
assumptions, analysis, and study conclusions and recommendations offered for consideration.
Study Background
SRF has worked closely with City staff over the past few years to evaluate traffic operations within the
general study area. These efforts have reviewed historical traffic volume/land use trends, identified
safety concerns and potential improvements at area intersections, evaluated previous development
proposals for the subject site, and developed multimodal improvements associated with the City’s
Connect the Park vision. Based on the findings of these various efforts, transportation impacts related
to the proposed development site have primarily been along the roadways immediately adjacent to the
subject site. Although this study reviewed a broader area from a modeling perspective, the reported
results focus on the most current evaluation along Monterey Drive, Excelsior Boulevard, Kipling
Avenue, and 36-1/2 Street. By simplifying the reported study area, potential transportation impacts
related to the proposed development can be more easily defined.
Existing Conditions
The existing conditions were reviewed to establish a baseline in order to identify any future impacts
associated with the proposed development. The evaluation of existing conditions includes peak period
intersection turning movement counts, field observations, and an intersection capacity analysis.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 8
01710857
January 2018
Project Location
4400 Excelsior Boulevard Traffic Study
Saint Louis Park, MN
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LocationNORTHNorthSpecial Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 9
Sean Walther February 8, 2018
City of St. Louis Park 4400 Excelsior Boulevard Traffic Study
Page 3
Intersection Counts
Various data collection efforts have been conducted within the study area since October 2014, which
has allowed opportunities for comparison and a better understanding of differences between traffic
volumes throughout the time of the year. Most recently, SRF collected 13-hour vehicular turning
movement, pedestrian, and bicyclist counts in July 2017 at the following study intersections, which is
the basis for this study:
1)Monterey Drive and 36th-1/2 Street
2)Monterey Drive and Park Commons Drive
3)Monterey Drive and Excelsior Boulevard
4)Excelsior Boulevard and Kipling Avenue
In addition, daily traffic volumes were collected on 36th-1/2 Street, east of Monterey Drive and west
of Kipling Avenue, to supplement the year 2017 daily traffic volumes collected by the City.
Roadway Characteristics
In addition to the intersection counts, observations were completed to identify roadway characteristics
within the study area (i.e. roadway geometry, posted speed limits, and traffic controls). Currently,
Excelsior Boulevard is a four-lane divided roadway with a posted speed limit of 35 miles per hour
(mph). Monterey Drive, north of Park Commons Drive, is a four-lane undivided roadway, while south
of Park Commons Drive, Monterey Drive is a two-lane divided roadway with turn lanes. The posted
speed limit along Monterey Drive is 30 mph. The remaining study roadways are relatively low-speed,
two-lane undivided local streets.
The Monterey Drive/Excelsior Boulevard intersection is signalized, while the other study
intersections are unsignalized with side-street stop control. Full access is currently provided at each
of the study intersections. Existing geometrics, traffic controls, and volumes within the study area are
shown in Figure 2.
Existing Intersection Capacity Analysis
An existing intersection capacity analysis was completed to establish baseline conditions to which
future traffic operations can be compared. The capacity analysis was completed for the a.m. and p.m.
peak hours at the study intersections and was analyzed using Synchro/SimTraffic software.
Capacity analysis results identify a Level of Service (LOS) which indicates how well an intersection is
operating. Intersections are ranked from LOS A through LOS F. The LOS results are based on average
delay per vehicle, which correspond to the delay threshold values shown in Table 1. LOS A indicates
the best traffic operation, while LOS F indicates an intersection where demand exceeds capacity.
Overall intersection LOS A though LOS D is generally considered acceptable in the Twin Cities area.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 10
01710857
January 2018
Existing Conditions
4400 Excelsior Boulevard Traffic Study
City of St. Louis Park, MN
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LEGEND
- A.M. Peak Hour Volume (7:45 - 8:45 A.M.)
- P.M. Peak Hour Volume (4:45 - 5:45 P.M.)
- Estimated Year 2017 Average Daily Traffic
(ADT) Volumes
- Side-Street Stop Control
- Traffic Signal Control
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Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 11
Sean Walther February 8, 2018
City of St. Louis Park 4400 Excelsior Boulevard Traffic Study
Page 5
Table 1. Level of Service Criteria for Signalized and Unsignalized Intersections
LOS Designation Signalized Intersection
Average Delay/Vehicle (seconds)
Unsignalized Intersection
Average Delay/Vehicle (seconds)
A ≤ 10 ≤ 10
B > 10 - 20 > 10 - 15
C > 20 - 35 > 15 - 25
D > 35 - 55 > 25 - 35
E > 55 - 80 > 35 - 50
F > 80 > 50
For side-street stop controlled intersections, special emphasis is given to providing an estimate for the
level of service of the side-street approach. Traffic operations at an unsignalized intersection with
side-street stop control can be described in two ways. First, consideration is given to the overall
intersection level of service. This takes into account the total number of vehicles entering the
intersection and the capability of the intersection to support these volumes.
Second, it is important to consider the delay on the minor approach. Since the mainline does not have
to stop, the majority of delay is attributed to the side-street approaches. It is typical of intersections
with higher mainline traffic volumes to experience high levels of delay (i.e. poor levels of service) on
the side-street approaches, but an acceptable overall intersection level of service during peak hour
conditions.
Results of the existing intersection capacity analysis shown in Table 2 indicate that all study
intersections currently operate at an acceptable overall LOS C or better during the a.m. and p.m. peak
hours with the existing signal timing and geometric layout. However, access from Park Commons
Drive to Monterey Drive is challenging during the p.m. peak period (generally between 4:30 p.m. and
6:00 p.m.), which results in average delays of approximately one-minute for all Park Commons Drive
motorists to access Monterey Drive. Although the magnitude of these delays is relatively common,
the resulting conflicts are of note.
Table 2. Existing Intersection Capacity Analysis
Intersection A.M. Peak Hour P.M. Peak Hour
LOS Delay LOS Delay
Monterey Drive and 36th-1/2 Street (1) A/A 8 sec. A/C 23 sec.
Monterey Drive and Park Commons Drive (1) A/A 8 sec. B/F 70 sec.
Monterey Drive and Excelsior Boulevard C 20 sec. C 25 sec.
Excelsior Boulevard and Kipling Avenue (1) A/A 8 sec. A/D 25 sec.
36th-1/2 Street and Kipling Avenue (1) A/A 3 sec. A/A 5 sec.
(1)Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst approach
LOS. The delay shown represents the worst side-street approach delay.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 12
Sean Walther February 8, 2018
City of St. Louis Park 4400 Excelsior Boulevard Traffic Study
Page 6
While the study intersections currently operate at acceptable overall levels of service, p.m. peak period
queues on Monterey Drive (primarily between Excelsior Boulevard and Park Commons Drive) were
observed and resulted in several conflicts between motorists and pedestrians/bicyclists. The following
information provides a summary of the observed issues along Monterey Drive.
1)Southbound queues from the Excelsior Boulevard/Monterey Drive intersection were observed to
extend beyond the Park Commons Drive intersection approximately 15 percent of the p.m. peak
period, which resulted in the following operational and/or safety issues:
a)Motorists turning into/out of Park Commons Drive were observed to only be able to make
these turns when the intersection was blocked and motorists would allow these movements.
b)The southbound queue from the Excelsior Boulevard/Monterey Drive intersection obstructs
the view of oncoming traffic, creating a safety concern.
c)The delays/congestion at the Monterey Drive/Park Commons Drive intersection led to
motorists making aggressive movements and/or not obeying traffic laws.
2)Eastbound right-turn queues at the Monterey Drive/Park Commons Drive intersection extended
approximately 300 feet during the p.m. peak hour, impacting the Trader Joe’s driveway 35 percent
of the p.m. peak hour.
3)Westbound queues on Park Commons Drive were observed to extend to Monterey Drive, which
were a result of eastbound queues blocking access to the Trader Joe’s driveway.
a)When these queues extended to Monterey Drive, motorists making a southbound right- or
northbound left-turn from Monterey Drive had to wait until the queues cleared. In addition,
eastbound left-turning motorists along Park Commons Drive were observed turning in-front
of northbound left-turning motorists, which is an illegal maneuver.
4)Several north/south pedestrian and/or bicyclist conflicts were observed during the p.m. peak
period at the Monterey Drive/Park Commons Drive intersection along the west approach. Two
pedestrians were observed crossing Monterey Drive (east/west) during the p.m. peak hour.
Year 2020 No Build Conditions
No build traffic forecasts were developed for year 2020 conditions, which accounts for planned
roadway improvements, general area background growth, and approved adjacent developments. The
following information provides a summary of the year 2020 no build conditions.
Monterey Drive Three-Lane Roadway Configuration
The City is currently considering modifications to Monterey Drive (between Beltline Boulevard and
Park Commons Drive) to a three-lane facility (i.e. a two-lane roadway with turn lanes) to improve
multimodal transportation within the area. Planned multimodal improvements include the addition of
on-street bike lanes, sidewalk enhancements, and roadway/traffic control modifications to better
accommodate all modes of transportation within the area. Construction is expected to occur in 2019.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 13
Sean Walther February 8, 2018
City of St. Louis Park 4400 Excelsior Boulevard Traffic Study
Page 7
Traffic operations on Monterey Drive were evaluated as part of the Draft Monterey Drive Multimodal
Corridor Study, dated January 23, 2018, which determined that a three-lane roadway configuration along
Monterey Drive is reasonable and not expected to significantly change overall corridor or intersection
operations from a vehicular capacity perspective. Therefore, a preliminary layout shown in Figure 3
was developed to illustrate the corridor vision incorporating the various multimodal, traffic control,
and access improvements. It should be noted that while both a traffic signal and hybrid roundabout
are expected to operate acceptably at the Monterey Drive/Beltline Boulevard intersection, the City
currently considers the hybrid roundabout as the preferred design.
City staff also indicated a desire to provide improved access to the Rec Center. The north Rec Center
access across from Beltline Boulevard is currently enter only, but could be modified to allow traffic to
exit the Rec Center via a reconfigured Beltline Boulevard intersection. Therefore, a new Rec Center
access, located opposite of Beltline Boulevard was evaluated as part of the Monterey Drive Multimodal
Corridor Study and is shown on the layout.
In addition, a three-lane facility would improve the pedestrian-crossing condition at 36-1/2 Street by
reducing the crossing distance and the potential for multiple-threat-collisions (i.e. when a vehicle in
one through lane is stopped for a pedestrian and obstructs the vision of a motorist in the adjacent
through lane). The effectiveness (i.e. driver compliance) of the current RRFB at the Monterey Drive/
36th-1/2 Street intersection would be improved under a three-lane condition. Furthermore, a three-
lane configuration has the potential to lower average travel speeds compared to a multi-lane
configuration, which improves the multimodal environment.
Therefore, given the City’s desire to improve multimodal operations along Monterey Drive, the three-
lane facility along Monterey Drive was assumed to be implemented under year 2020 no build and build
conditions for purposes of this study.
Traffic Forecasts
Year 2020 no build traffic forecasts include both general background growth as well as approved
adjacent development expected to impact roadway network operations by the year 2020. To account
for general background growth in the area, an annual growth rate of one-half percent was applied to
the existing peak hour traffic volumes to develop year 2020 background traffic forecasts. This growth
rate is generally consistent with historical growth in the study area (based on ADT volumes).
Known adjacent development includes the 4800 Excelsior development, which opened in November
2017. This development was under construction when the traffic data was collected in July 2017.
Therefore, trip generation data from the traffic study for the 4800 Excelsior development, completed
in November 25, 2014, was incorporated into the 2020 no build traffic forecasts for the study area to
account for traffic impacts associated with the adjacent development.
The resultant year 2020 no build conditions which includes the expected roadway configuration and
accounts for general background and adjacent development growth, are shown in Figure 4.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 14
Example Cross-Section on Monterey Drive
01710857
January 2018
Monterey Drive Multimodal Corridor Study Preliminary Layout
4400 Excelsior Boulevard Traffic Study
Saint Louis Park, MN
Figure 3\\vs-mpls1\ProjData\Projects\10000\10857\TS\Figures\Updated_January 2018\Fig03_Preliminary_Layout.cdrSpecial Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 15
01710857
January 2018
Year 2020 No Build Conditions
4400 Excelsior Boulevard Traffic Study
City of St. Louis Park, MN
Figure 4NORTHNorthH:\Projects\10485\TS\Figures\Updated_January 2018\Fig04_Year 2020 No Build Conditions.pdfExcel
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Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 16
Sean Walther February 8, 2018
City of St. Louis Park 4400 Excelsior Boulevard Traffic Study
Page 10
No Build Intersection Capacity Analysis
To determine how the proposed roadway network will accommodate year 2020 no build traffic
forecasts, an intersection capacity analysis was completed using Synchro/SimTraffic software. It
should be noted that optimized signal timing was utilized for this analysis as a result of the assumed
Park Commons Drive access modification, which has the potential to direct more motorists to the
Monterey Drive/Excelsior Boulevard intersection. This optimization has a direct influence on traffic
operations at the Park Commons Drive approach.
Results of the year 2020 no build intersection capacity analysis shown in Table 3 indicate that all study
intersections are expected to operate at an acceptable overall LOS C or better during the a.m. and
p.m. peak hours. With the three-lane roadway configuration on Monterey Drive and three-quarter
access at the Monterey Drive/Park Commons Drive intersection, the eastbound approach delay
during the p.m. peak hour along Park Commons Drive is expected to decrease from approximately
one-minute to 30 seconds under year 2020 no build conditions. Delays for motorists along Kipling
Avenue to access Excelsior Boulevard are expected to increase as volumes along Excelsior Boulevard
increase.
Table 3. Year 2020 No Build Intersection Capacity Analysis
Intersection A.M. Peak Hour P.M. Peak Hour
LOS Delay LOS Delay
Monterey Drive and 36th-1/2 Street (1) A/A 9 sec. A/C 18 sec.
Monterey Drive and Park Commons Drive (1) A/A 4 sec. A/D 30 sec.
Monterey Drive and Excelsior Boulevard C 22 sec. C 26 sec.
Excelsior Boulevard and Kipling Avenue (1) A/A 9 sec. A/E 38 sec.
36th-1/2 Street and Kipling Avenue (1) A/A 4 sec. A/A 5 sec.
(1)Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst approach
LOS. The delay shown represents the worst side-street approach delay.
Eastbound 95th percentile queues at the Monterey Drive/Park Commons Drive intersection are
expected to extend approximately 150 feet during the p.m. peak hour (currently extend 315 feet).
Southbound 95th percentile queues on Monterey Drive are expected to extend approximately 315 feet
from the Park Commons Drive intersection during the p.m. peak hour (currently extend 215 feet).
This equates to approximately four to five additional southbound vehicles queued during the peak of
the peak hour. The average southbound queues on Monterey Drive are expected to extend
approximately 100 feet from the Park Commons Drive intersection during the p.m. peak hour.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 17
Sean Walther February 8, 2018
City of St. Louis Park 4400 Excelsior Boulevard Traffic Study
Page 11
Proposed Development
The proposed development is located at 4400 Excelsior Boulevard. The site is currently occupied by
commercial buildings, which are vacant except for the existing Bridgewater Bank. The proposed
development (shown in Figure 5) consists of 63,129 square feet of office, 7,530 square feet of retail,
and 7,152 square-feet of bank. For purposes of this study, 3,500 square feet of the retail space was
assumed to be a restaurant use. Construction of the proposed development was assumed to be
complete by the end of 2019.
On-site parking is currently proposed on three levels. Based on current discussions, vehicles are not
expected to be able to circulate between parking levels P1 and P2. Vehicles are expected to be able to
circulate down from the surface parking to parking level P1, but not expected to be able to circulate
from P1 to the surface parking. Note that these circulation assumptions are not depicted in the current
development proposal.
Several access configurations and internal circulation options are continuing to be reviewed with the
project team to determine the access and internal parking configuration that meets tenant needs, as
well as minimizes or eliminates impacts to the public roadway system. During the development of the
Monterey Drive preliminary layout (Figure 3), further detail was identified with respect to Monterey
Drive access for the proposed development. In particular, the preliminary layout identified that to
physically design the three-quarter access to the proposed development across from Park Commons
Drive (i.e. at Access B), a median would be necessary along Monterey Drive, which would restrict the
proposed development Access C to a right-in/right-out configuration. Thus, for purposes of this
study, the following access and internal circulation was assumed to evaluate potential impacts of the
proposed development.
1)Excelsior Boulevard
a)Access A: right-in/right-out access serving surface level parking, located approximately 300
feet east of Monterey Drive. This location replaces an existing driveway.
2)Monterey Drive
a)Access B: three-quarter access (ingress/egress) serving surface-level parking and as an
alternative entrance to parking level P1. Access B is located across from Park Commons
Drive, approximately 270 feet north of Excelsior Boulevard.
b)Access C: right-in/right-out-access to parking level P1, located 410 feet north of Excelsior
Boulevard.
c)Access B and Access C are expected to replace an existing site access located along Monterey
Drive that is approximately 185 feet north of Excelsior Boulevard.
3)36th-1/2 Street
a)Access D: A full-access serving parking level P2, located approximately 190 feet west of
Kipling Avenue.
b)Access D is expected to utilize an existing cross access easement through the property
immediately north of the proposed development.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 18
01710857
January 2018
Site Plan
4400 Excelsior Boulevard Traffic Study
Saint Louis Park, MN
Figure 5H:\Projects\10857\TSFigures\Updated_January 2018\Fig05_Site Plan.pdfExcelsior
Blvd Kipling Ave36th-1/2 StNORTHNorth
Access A
Access D
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Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 19
Sean Walther February 8, 2018
City of St. Louis Park 4400 Excelsior Boulevard Traffic Study
Page 13
Year 2020 Build Conditions
To help determine impacts associated with the proposed development, traffic forecasts were
developed for year 2020 build conditions, which accounts for the no build condition and traffic
generated by the proposed development. The following information provides a summary of the year
2020 build conditions.
Trip Generation Estimate – Proposed Development
To account for traffic impacts associated with the proposed development, trip generation estimates
for both the former and proposed land uses were developed for the a.m. and p.m. peak hours and a
daily basis. These estimates, shown in Table 4, were developed using a combination of the
ITE Trip Generation Manual, Ninth Edition and peak period field observations. The trip generation
estimates were developed to provide a comparison between the former and proposed land uses.
Table 4. Trip Generation Estimate – Proposed Development
Land Use
Type ITE Code Size
A.M. Peak
Hour Trips
P.M. Peak
Hour Trips Daily
Trips
In Out In Out
Former Land Uses
Retail (1) 820 – Shopping Center 9,000 Square Feet 5 3 16 17 384
890 – Furniture Store 9,000 Square Feet 1 0 2 2 46
Total Former Site Trips (6) (3) (18) (19) (430)
Proposed Land Uses
Office 710 – General Office 63,129 Square Feet 87 12 16 78 696
Retail 820 – Shopping Center 4,030 Square Feet
Square Feet
2 1 7 8 172
932 – Restaurant 3,500 Square Feet 21 17 21 14 445
Bank 911 – Walk-In Bank 7,152 Square Feet 22 21 38 49 527
Subtotal 132 51 82 149 1,840
Modal Reduction (10%) (13) (5) (8) (15) (184)
Multi-Use Reduction (15%) (20) (8) (12) (22) (276)
Total Site Trips 99 38 62 112 1,380
Pass-By Trip Reduction (Retail and Bank Only) (11) (11) (17) (17) (170)
Net New System Trips 88 27 45 89 1,210
(1)Trip generation estimates supported by a.m. and p.m. peak period field observations.
It should be noted that a 10 percent modal reduction, based on the methodology described in the
ITE Trip Generation Manual, Ninth Edition, was applied to account for available transit options near the
proposed development (i.e. Metro Transit Routes 12, 114, 612, and 615). To account for trips made
within the mixed-use development that are captured on-site between two or more land uses, an
internal multi-use trip reduction of 15 percent was applied in accordance with the methodology
described in the ITE Trip Generation Manual, Ninth Edition.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 20
Sean Walther February 8, 2018
City of St. Louis Park 4400 Excelsior Boulevard Traffic Study
Page 14
Accounting for the modal and multi-use reductions, the proposed development is expected to
generate approximately 137 a.m. peak hour, 174 p.m. peak hour and 1,380 daily trips. No reductions
for the future Southwest Light Rail Transit (SWLRT) Green Line Extension were included since it is
not expected to be in operation until the year 2023, at the earliest.
A portion of the proposed development trips are expected to be from vehicles already traveling along
Excelsior Boulevard and/or Monterey Drive that will now divert their trip to the proposed
development before continuing to their destination (i.e. pass-by trips). To account for these trips,
pass-by percentages for each land use from the ITE Trip Generation Manual, Ninth Edition were utilized.
Considering these pass-by trips, the resultant net new traffic volume impact to the adjacent roadway
system is approximately 115 a.m. peak hour, 134 p.m. peak hour, and 1,210 daily trips.
The trips estimated were distributed throughout the area based on the directional distribution shown
in Figure 6, which was developed based on existing travel patterns and engineering judgment. The
estimated development trips at each proposed site access for the a.m. and p.m. peak hours are shown
in Figure 7. The resultant year 2020 build peak hour traffic forecasts, which include general area
background growth and traffic generated by the proposed development, are shown in Figure 8.
Year 2020 Build Intersection Capacity Analysis
To determine how the proposed roadway network will accommodate year 2020 traffic forecasts, an
intersection capacity analysis was completed using Synchro/SimTraffic software. Results of the
year 2020 build intersection capacity analysis shown in Table 5 indicate that all study intersections are
expected to operate at an acceptable overall LOS C or better during the a.m. and p.m. peak hours.
This assumes optimized signal timing. The year 2020 no build capacity analysis results are shown for
comparison purposes. Therefore, the proposed development is expected to have a relatively minimal
impact on study area traffic operations.
Table 5. Year 2020 Build Intersection Capacity Analysis
Intersection
Level of Service (Delay)
A.M. Peak Hour P.M. Peak Hour
No Build Build No Build Build
Monterey Drive and 36th-1/2 Street (1) A/A (9 sec) A/A (9 sec) A/C (18 sec) A/C (23 sec)
Monterey Drive and Access C (1) --- A/A (5 sec) --- A/A (5 sec)
Monterey Drive and Park Commons Drive/Access B (1) A/A (4 sec) A/A (4 sec) A/D (30 sec) A/E (39 sec)
Monterey Drive and Excelsior Boulevard C (22 sec) C (23 sec) C (26 sec) C (30 sec)
Excelsior Boulevard and Access A (1) --- A/A (5 sec) --- A/A (8 sec)
Excelsior Boulevard and Kipling Avenue (1) A/A (9 sec) A/B (11 sec) A/E (38 sec) A/E (49 sec)
36th-1/2 Street and Kipling Avenue (1) A/A (4 sec) A/A (5 sec) A/A (5 sec) A/A (5 sec)
36th-1/2 Street and Access D (1) --- A/A (5 sec) --- A/A (5 sec)
(1)Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst approach
LOS. The delay shown represents the worst side-street approach delay.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 21
01710857
January 2018
Directional Distribution
4400 Excelsior Boulevard Traffic Study
Saint Louis Park, MN
Figure 6H:\Projects\10857\TSFigures\Updated_January 2018\Fig06_Directional Distribution.pdfExcel
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2
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7.5%27.5%Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 22
Excelsior
Blvd Kipling Ave36th-1/2 St
01710857
January 2018
Development Trips
4400 Excelsior Boulevard Traffic Study
Saint Louis Park, MN
Figure 7H:\Projects\10857\TS\Figures\Updated_January 2018\Fig07_Development Trips.cdrNORTHNorthXX
(XX)
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Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 23
01710857
January 2018
Year 2020 Build Conditions
4400 Excelsior Boulevard Traffic Study
City of St. Louis Park, MN
Figure 8NORTHNorthH:\Projects\10857\TS\Figures\Updated_January 2018\Fig08_Year 2020 Build Conditions.pdfExcel
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10 (15)Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 24
Sean Walther February 8, 2018
City of St. Louis Park 4400 Excelsior Boulevard Traffic Study
Page 18
The following information summarizes the key capacity analysis findings under 2020 build conditions:
1)Eastbound approach delays at the Monterey Drive and Park Commons Drive/Access B
intersection are expected to increase from 30 seconds to 39 seconds under p.m. peak hour build
conditions. This is a result of increased volumes at the Monterey Drive/Excelsior Boulevard
intersection, which influences the traffic signal operation. Westbound approach delays (at
Access B) are expected to be approximately five (5) seconds.
2)Southbound 95th percentile queues on Monterey Drive are expected to extend approximately
350 feet from the Park Commons Drive intersection during the p.m. peak hour (existing
conditions extend 215 feet; 2020 no build conditions extend 315 feet). The average southbound
queues on Monterey Drive are expected to continue to extend approximately 100 feet from the
Park Commons Drive intersection during the p.m. peak hour.
3)The southbound approach delay at the Excelsior Boulevard/Kipling Avenue intersection is
expected to operate near the LOS E/F border (approximately 50 seconds of delay) during the
p.m. peak hour. Since this is a relatively low volume approach and the queues are expected to
be less than 100 feet, no mitigation is recommended. However, this intersection should be
monitored and if safety issues arise, restricting northbound/southbound left-turns during peak
hours should be considered.
Alternative Access and Internal Circulation Configurations
As previously mentioned, additional access configurations and internal circulation options could be
considered and reviewed with the project team to determine the access and internal parking
configuration that meets tenant needs, as well as minimizes or eliminates impacts to the public
roadway system. From a capacity perspective, potential changes in internal circulation are not expected
to result in any significant changes to the operations already identified. However, the following
information should be considered with respect to any further changes to access/internal circulation:
1)The right-in/right-out (Access A and C) and three-quarter (Access B) locations offer reduced
conflicts and efficient operations and could accommodate additional traffic without impacting
area operations.
2)Increased utilization of Access D (e.g. accommodating circulation between parking levels P1
and P2) has the potential to increase vehicle delays to Excelsior Boulevard from Kipling Avenue.
3)The three-quarter and right-in/right-out configurations at Access B and Access C, respectively,
have the potential to increase northbound U-Turns along Monterey Drive. These U-Turn
maneuvers would be expected to occur at Beltline Boulevard given the future Monterey Drive
vision may not physically accommodate U-Turns at 36-1/2 Street. Further discussion should
occur to determine if U-Turns should be accommodated at other locations along Monterey
Drive, particularly 36-1/2 Street.
4)Any further changes to access and/or internal circulation should maintain, minimize, or
eliminate internal site maneuvers from occurring on the public roadway system relative to the
assumed access/circulation configuration discussed within this study to protect the public
roadway system.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 25
Sean Walther February 8, 2018
City of St. Louis Park 4400 Excelsior Boulevard Traffic Study
Page 19
Summary and Recommendations
The following study summary and recommendations are offered for consideration:
1)The proposed development is expected to have a relatively minimal impact on study area traffic
operations given the assumed access and circulation configuration within this study.
2)Signal timing at the Monterey Drive/Excelsior Boulevard intersection should be optimized upon
completion of the multimodal improvements along Monterey Drive, as well as once the proposed
development is fully operational.
3)The following information should be considered with respect to any further changes to access
and internal circulation:
a)The right-in/right-out (Access A and C) and three-quarter (Access B) locations offer reduced
conflicts and efficient operations and could accommodate additional traffic without impacting
area operations.
b)Increased utilization of Access D (e.g. accommodating circulation between parking levels P1
and P2) has the potential to impact access to Excelsior Boulevard at Kipling Avenue.
c)The three-quarter and right-in/right-out configurations at Access B and Access C,
respectively, have the potential to increase northbound U-Turns along Monterey Drive. These
U-Turn maneuvers would be expected to occur at Beltline Boulevard given the future
Monterey Drive vision may not physically accommodate U-Turns at 36-1/2 Street. Further
discussion should occur to determine if U-Turns should be accommodated at other locations
along Monterey Drive, particularly 36-1/2 Street.
d)Any further changes to access and/or internal circulation should maintain, minimize, or
eliminate internal site maneuvers from occurring on the public roadway system relative to the
assumed access/circulation configuration discussed within this study to protect the public
roadway system.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 26
www.srfconsulting.com
One Carlson Parkway North, Suite 150 | Minneapolis, MN 55447-4453 | 763.475.0010 Fax: 1.866.440.6364
An Equal Opportunity Employer
SRF No. 10962,00
To: Jack Sullivan, Senior Engineering Project Manager
City of St. Louis Park
From: Matt Pacyna, PE, Principal
Emily Gross, PE, Associate
Date: March 13, 2018
Subject: Monterey Drive Multimodal Corridor Study
Introduction
SRF has completed a multimodal corridor study for Monterey Drive between Beltline Boulevard and
Excelsior Boulevard in the City of St. Louis Park. The City is considering modification to Monterey
Drive between Beltline Boulevard and Park Commons to improve multimodal transportation within
this area. Planned multimodal improvements include the addition of on-street bike lanes, sidewalk
enhancements, and roadway/traffic control modifications to better accommodate all modes of
transportation within the area. Therefore, the main objectives of this study are to review existing
operations within the study area, evaluate transportation changes if Monterey Drive was converted to
a three-lane roadway, and develop a corridor layout to illustrate the various multimodal improvements.
The following sections provide the assumptions, analysis, and study findings and recommendations
offered for consideration.
Data Collection
Various data collection efforts have been conducted in the study area since October 2014, which has
allowed opportunities for comparison and a better understanding of differences between traffic
volumes during multiple times of the year. Most recently, SRF collected 13-hour vehicular turning
movement, pedestrian, and bicyclist counts in July 2017 at the following study intersections:
1)Excelsior Boulevard and Monterey Drive
2)Monterey Drive and Park Commons Drive
3)Monterey Drive and 36th-1/2 Street
4)Monterey Drive and Beltline Boulevard
Hourly Traffic Volume Profile
Average daily traffic (ADT) volumes along Monterey Drive currently range from approximately 9,000
to 13,000 vehicles per day (vpd). The 13-hour counts collected on Monterey Drive at Park Commons
Drive, 36-1/2 Street, and Beltline Boulevard were further reviewed to better understand the hourly
volume profile along the corridor. As shown in Figure 1, volumes peak between 4:00 and 6:00 p.m.
while other hours of the day are lower than this peak period.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
Memorandum
Page 27
Jack Sullivan, City of St. Louis Park March 13, 2018 Monterey Drive Multimodal Corridor Study Page 2
Figure 1. Hourly Traffic Volumes on Monterey Drive
Roadway Characteristics
In addition to the intersection turning movement counts, observations were completed to identify
roadway characteristics within the study area (i.e. roadway geometry, posted speed limits, and traffic
controls). Currently, Excelsior Boulevard is a four-lane divided roadway with a posted speed limit of
35 miles per hour (mph). Monterey Drive, north of Park Commons Drive, is a four-lane undivided
roadway. South of Park Commons Drive, Monterey Drive is a two-lane divided roadway with turn
lanes. The posted speed limit along Monterey Drive is 30 mph. The Monterey Drive intersections at
Excelsior Boulevard and Beltline Boulevard are signalized, while the 36-1/2 Street and Park Commons
Drive intersections are unsignalized with side-street stop control. Existing geometrics, traffic controls,
and volumes are shown in Figure 2.
Observations
The following safety and operational issues were observed and are important to note:
1)Southbound queues from the Excelsior Boulevard/Monterey Drive intersection have been
observed to queue beyond the Park Commons Drive intersection anywhere between 15 and 75
percent of the p.m. peak period over the past few years. This variability is due to fluctuations in
traffic volumes and recent signal timing modifications implemented in 2017, which reduced the
time southbound queues impact the eastbound left- and northbound left-turn maneuverability.
a)Motorists turning into/out of Park Commons Drive were observed to only be able to make
these turns when the intersection was blocked and motorists would allow these movements.
b) The southbound queue from the Excelsior Boulevard/Monterey Drive intersection obstructs
the view of oncoming traffic, creating a safety concern.
c)The delays/congestion at the Monterey Drive/Park Commons Drive intersection led to
motorists making aggressive movements and/or not obeying traffic laws.
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Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 28
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March 2018
Existing Conditions
Monterey Drive Multimodal Corridor Study
City of St. Louis Park
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- A.M. Peak Hour Volume (7:45 - 8:45 A.M.)
- P.M. Peak Hour Volume (4:45 - 5:45 A.M.)
- Year 2017 Average Daily Traffic Volumes
- Side-Street Stop Control
- Traffic Signal Control
Excelsior Blvd
270 (297)
410 (328)
(325) 175
(497) 187 190 (250)162 (450)Beltline BlvdSpecial Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 29
March 13, 2018
Page 4
2)Eastbound queues at the Monterey Drive/Park Commons Drive intersection impacted the Trader
Joe’s driveway approximately 35 percent of the p.m. peak hour.
3)Westbound queues on Park Commons Drive were observed to extend to Monterey Drive, which
was a result of eastbound queues blocking access to the Trader Joe’s driveway.
a)When these queues extended to Monterey Drive, motorists making a southbound right- or
northbound left-turn from Monterey Drive had to wait until the queues cleared. In addition,
eastbound left-turning motorists along Park Commons Drive were observed turning in-front
of northbound left-turning motorists, which is an illegal maneuver.
4)Several north/south pedestrian and/or bicyclist conflicts were observed during the p.m. peak
period at the Monterey Drive/Park Commons Drive intersection along the west approach. Two
pedestrians were observed crossing Monterey Drive (east/west) during the p.m. peak hour.
5)The City recently installed a rectangular rapid flashing beacon (RRFB) at the north approach of
the Monterey Drive/36th-1/2 Street intersection. Based on observations when a pedestrian
activated the RRFB, motorist compliance was low.
Monterey Drive Three-Lane Facility
The City is considering modifying Monterey Drive (between Beltline Boulevard and Park Commons
Drive) to a three-lane facility (i.e. a two-lane roadway with a center left-turn lane or a divided two-lane
roadway with turn lanes) to accommodate on-street bike lanes and a widened sidewalk on the east side
of Monterey Drive. In addition, a three-lane facility would improve the pedestrian-crossing condition
at 36-1/2 Street by reducing the crossing distance and the potential for multiple-threat-collisions (i.e.
when a vehicle in one through lane is stopped for a pedestrian and obstructs the vision of a motorist
in the adjacent through lane). The effectiveness (i.e. driver compliance) of the current RRFP at the
Monterey Drive/36th-1/2 Street intersection would be improved under a three-lane condition.
Furthermore, a three-lane configuration has the potential to lower average travel speeds compared to
a multi-lane configuration, which improves the multimodal environment.
ADT volumes within this segment of Monterey Drive currently range from approximately 9,000 vpd
near Excelsior Boulevard to 13,000 vpd west of Beltline Boulevard. Based on planning-level
thresholds, these volumes are within the acceptable capacity range for a three-lane facility. Per
FHWA’s Road Diet Informational Guide, ADTs under 20,000 vpd may be good candidates for a Road
Diet. In addition, from a planning level perspective, hourly volumes along Monterey Drive were
reviewed to determine where and how often the directional volumes would be expected to exceed the
guidance thresholds identified in FHWA’s Road Diet Informational Guide, which state:
•Probably feasible at or below 750 vehicles per hour per direction (vphpd) during the peak hour
•Consider cautiously between 750 and 875 vphpd during the peak hour
•Feasibility less likely above 875 vphpd during the peak hour
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
Jack Sullivan, City of St. Louis Park
Monterey Drive Multimodal Corridor Study
Page 30
March 13, 2018
Page 5
A review of the hourly traffic volumes by direction on Monterey Drive indicates that traffic volumes
are below 750 vphpd except during the weekday p.m. peak period where they exceed 900 vpdpd in
the southbound direction. While the traffic volumes exceed the recommended thresholds for one to
two hours a day, further analysis is needed to understand the delays/queues expected on Monterey
Drive if converted to a three-lane facility. To understand the changes, an intersection capacity analysis
was conducted during the a.m. and p.m. peak hours to compare traffic operations under the existing
and three-lane roadway configuration.
Intersection Capacity Analysis
An intersection capacity analysis was completed for the existing roadway configuration and the three-
lane roadway configuration on Monterey Drive between Beltline Boulevard and Excelsior Boulevard.
The capacity analysis was completed for the a.m. and p.m. peak hours at the study intersections and
was analyzed using Synchro/SimTraffic software. It should be noted that the signal timing on
Excelsior Boulevard was updated in the Fall of 2017 and was included in this capacity analysis.
Capacity analysis results identify a Level of Service (LOS) which indicates how well an intersection is
operating. Intersections are ranked from LOS A through LOS F. The LOS results are based on average
delay per vehicle, which correspond to the delay threshold values shown in Table 1. LOS A indicates
the best traffic operation, while LOS F indicates an intersection where demand exceeds capacity.
Overall intersection LOS A though LOS D is generally considered acceptable in the Twin Cities area.
Table 1. Level of Service Criteria for Signalized and Unsignalized Intersections
LOS Designation Signalized Intersection
Average Delay/Vehicle (seconds)
Unsignalized Intersection
Average Delay/Vehicle (seconds)
A ≤ 10 ≤ 10
B > 10 - 20 > 10 - 15
C > 20 - 35 > 15 - 25
D > 35 - 55 > 25 - 35
E > 55 - 80 > 35 - 50
F > 80 > 50
For side-street stop controlled intersections, special emphasis is given to providing an estimate for the
level of service of the side-street approach. Traffic operations at an unsignalized intersection with
side-street stop control can be described in two ways. First, consideration is given to the overall
intersection level of service. This takes into account the total number of vehicles entering the
intersection and the capability of the intersection to support these volumes. Second, it is important
to consider the delay on the minor approach. Since the mainline does not have to stop, the majority
of delay is attributed to the side-street approaches. It is typical of intersections with higher mainline
traffic volumes to experience high levels of delay (i.e. poor levels of service) on the side-street
approaches, but an acceptable overall intersection level of service during peak hour conditions.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
Jack Sullivan, City of St. Louis Park
Monterey Drive Multimodal Corridor Study
Page 31
March 13, 2018
Page 6
Results of the intersection capacity analysis shown in Table 2 indicate that all study intersections
operate at an acceptable overall LOS C or better during the a.m. and p.m. peak hours under both the
existing and three-lane roadway configurations. However, access from Park Commons Drive to
Monterey Drive is challenging under both the existing and three-lane configurations during the p.m.
peak period (generally between 4:30 p.m. and 6:00 p.m.). This results in average delays of
approximately one-minute for all Park Commons Drive motorists to access Monterey Drive, with
some maneuvers (e.g. the eastbound left-turn) taking longer.
Table 2. Intersection Capacity Analysis (Existing 4-Lane versus 3-Lane Configuration Comparison)
Monterey Drive Intersections Existing (4-Lane) Proposed (3-Lane)
LOS Delay LOS Delay
A.M. Peak Hour
Beltline Boulevard A 9 sec. B (2) 10 sec. (2)
36th-1/2 Street (1) A/A 8 sec. A/A 9 sec.
Park Commons Drive (1) A/A 8 sec. A/B 10 sec.
Excelsior Boulevard C 20 sec. C 20 sec.
P.M. Peak Hour
Beltline Boulevard B 16 sec. B (2) 19 sec. (2)
36th-1/2 Street (1) A/C 23 sec. A/C 20 sec.
Park Commons Drive (1) B/F 70 to 75 sec. B/F 70 to 75 sec.
Excelsior Boulevard C 25 sec. C 24 sec.
(1)Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst
approach LOS. The delay shown represents the worst side-street approach delay.
(2)Includes revised intersection geometry to facilitate the three-lane transition, which is identified later in this document.
Comparing the intersection capacity analysis for the existing four-lane and three-lane roadway
configurations indicates that both are expected to operate acceptably. Similar southbound queues on
Monterey Drive at the Excelsior Boulevard intersection are expected for the existing four- and three-
lane roadway configurations during the p.m. peak hour. This is primarily a result of minor changes to
the current Excelsior Boulevard/Monterey Drive intersection lane configurations (i.e. the 3-lane
configuration has more influence north of Park Commons Drive). The southbound queues north of
Park Commons Drive increase by three to four vehicles as a result of the three-lane modification.
Therefore, the three-lane roadway configuration on Monterey Drive is reasonable and will function
well from a traffic capacity perspective. Additional review of the access, traffic control, and turn lane
needs at the key intersections are summarized in the following sections to better understand the most
appropriate roadway, access, and traffic control configurations along the Monterey Drive corridor.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
Jack Sullivan, City of St. Louis Park
Monterey Drive Multimodal Corridor Study
Page 32
March 13, 2018
Page 7
City staff has indicated a desire to provide improved access to the Rec Center. Therefore, a new Rec
Center access, located opposite of Beltline Boulevard was reviewed as part of this corridor study. This
access, which is currently enter only, would be modified to allow traffic to exit the Rec Center via the
Beltline Boulevard intersection. The following Beltline Boulevard section incorporates this access.
Beltline Boulevard Intersection
Two traffic control options were considered at the Monterey Drive/Beltline Boulevard intersection;
a traffic signal and a hybrid roundabout, in addition to the existing configuration. Both traffic control
options facilitate the transition between the four-lane 36th Street and potential 3-lane Monterey Drive,
albeit in different configurations. The two traffic control options (and following analysis) include the
modified Rec Center access previously noted. The existing 4-lane signal is provided for reference.
An intersection capacity analysis was conducted for both traffic control options using Synchro/
SimTraffic to illustrate the operational differences between the two options. Results of the intersection
capacity analysis shown in Table 3 indicate that both traffic control options are expected to operate at
an acceptable LOS C or better during the a.m. and p.m. peak hours. The hybrid roundabout is
expected to have lower average vehicle delay during the both peak and non-peak periods. However,
further discussion with project staff should occur to evaluate other factors related to the hybrid
roundabout option, such as pedestrian access, off-peak operations, right-of-way impacts, and costs,
amongst others.
Table 3. Intersection Capacity Analysis at Beltline Boulevard
Monterey Drive Intersection
4-Lane Signal
(Existing)
3-Lane
Signal
3-Lane
Hybrid Roundabout
LOS Delay LOS Delay LOS Delay
A.M. Peak Hour
Beltline Boulevard A 9 sec. B 12 sec. A 7 sec.
P.M. Peak Hour
Beltline Boulevard B 16 sec. C 26 sec. B 12 sec.
Under the three-lane signal traffic control option during the p.m. peak hour, eastbound left-turn
queues are expected to extend approximately 300 feet, and westbound left- and right-turn queues are
expected to extend approximately 50 feet and 185 feet, respectively. The turn lanes for the traffic
signal alternative should be designed to accommodate these queues. No queuing issues are expected
with the roundabout traffic control option.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
Jack Sullivan, City of St. Louis Park
Monterey Drive Multimodal Corridor Study
Rec Center Access
Page 33
March 13, 2018
Page 8
Two traffic control options were considered at the Monterey Drive/36-1/2 Street intersection: an
unsignalized side-street stop control and a single-lane roundabout. A cursory intersection capacity
analysis was conducted for both traffic control options. The results indicate that with the side-street
stop control option, the side-street approaches (i.e. 36-1/2 Street) are expected to operate at an
acceptable LOS C or better during the a.m. and p.m. peak hours.
With the single-lane roundabout option, the southbound approach is expected to be near capacity
during the existing p.m. peak hour, which facilitates a need to continue two southbound lanes into the
36th-1/2 Street roundabout. This creates an additional complex conflict location with the desired on-
street bike lanes. Therefore, since the side-street stop control intersection is expected to provide better
traffic operations, the Monterey Drive/36-1/2 Street intersection is recommended to remain as an
unsignalized side-street stop intersection.
Park Commons Drive Intersection
As noted within the observations section, there are existing safety and operational issues for eastbound
left-turning motorists at the Monterey Drive/Park Commons Drive intersection. The average
eastbound delay at Park Commons Drive for both the existing and three-lane roadway configurations
is expected to be approximately one-minute. Therefore, to address the safety/operational issues, as
well as to create a safer/more cohesive pedestrian/bicyclist network, a three-quarter access at the
Monterey Drive/Park Commons Drive intersection was evaluated, which restricts the eastbound left-
turn movement but allows all other movements.
Existing traffic volumes were modified to restrict eastbound left-turn movements at the Monterey
Drive/Park Commons Drive intersection. Motorists were rerouted to either make a southbound left-
turn at the Excelsior Boulevard/Grand Way intersection to an eastbound left-turn at the Monterey
Drive/Excelsior Boulevard intersection or to make a southbound U-turn at the Monterey Drive/
Excelsior Boulevard intersection. To accommodate the southbound U-turn at the Monterey Drive/
Excelsior Boulevard intersection modifications will be needed to the intersection. For purposes of
this analysis, 50 percent of the eastbound left-turning vehicles from Park Commons Drive were
rerouted as southbound U-turns along Monterey Drive at Excelsior Boulevard.
An intersection capacity analysis was conducted to compare a full- and three-quarter access at the
Monterey Drive/Park Commons Drive intersection. Results of this analysis shown in Table 4 indicate
that the average eastbound delay at Park Commons is expected to improve with the three-quarter
access. A comparison of the Monterey Drive/Park Commons Drive intersection under the full- and
three-quarter access conditions indicates that the 95th percentile eastbound approach queues are
expected to extend approximately 235 feet and 180 feet, respectively. Average queues are expected to
extend approximately 115 feet and 80 feet, respectively. The Trader Joe’s access to Park Commons
Drive is approximately 100 west of Monterey Drive. Therefore, the three-quarter access is not
expected to impact operations at the Monterey Drive/Excelsior Boulevard intersection. Therefore, to
address both the safety and operational issues, the three-quarter access is recommended.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
Jack Sullivan, City of St. Louis Park
Monterey Drive Multimodal Corridor Study
36-1/2 Street Intersection
Page 34
March 13, 2018
Page 9
Monterey Drive Intersections
3-Lane
(Full Access)
3-Lane
(3/4 Access)
LOS Delay LOS Delay
A.M. Peak Hour
Park Commons Drive (1) A/B 10 sec. A/A 4 sec.
Excelsior Boulevard C 20 sec. C 20 sec.
P.M. Peak Hour
Park Commons Drive (1) B/F 70 to 75 sec. B/D 34 sec.
Excelsior Boulevard C 24 sec. C 25 sec.
(1)Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst
approach LOS. The delay shown represents the worst side-street approach delay.
Southbound Monterey Drive U-Turns at Excelsior Boulevard
To further understand impacts of potential U-turns resulting from the Park Commons Drive three-
quarter access modification, sensitivity tests were conducted that assumed zero (0) percent, 50 percent,
and 100 percent of existing eastbound left-turn motorists at the Monterey Drive/Park Commons
Drive intersection would reroute to make a southbound U-turn at the Monterey Drive/Excelsior
Boulevard intersection. As mentioned earlier, the previous analysis results shown in Table 4 assumed
50 percent would make a U-turn. Results of the sensitivity tests indicate that the Monetary Drive/
Excelsior Boulevard intersection will operate similarly (i.e. within one overall second of each other)
under each of the U-Turn sensitivity tests. Southbound queues lengths will vary by approximately one
to two vehicles under each of these sensitivity tests. Therefore, allowing the southbound U-Turns
does not have a significant impact from a capacity perspective.
Preliminary Multimodal Corridor Layout
Based on the capacity analysis results, a three-lane roadway configuration along Monterey Drive is
reasonable and not expected to significantly change overall corridor or intersection operations from a
vehicular capacity perspective. Therefore, a preliminary layout was developed to illustrate the corridor
vision incorporating the various multimodal, traffic control, and access improvements. The
preliminary corridor layout is shown in Figure 3.
Year 2040 Conditions
Historical traffic volume trends were reviewed to develop year 2040 traffic volumes at the key
intersections along the corridor to understand how the proposed three-lane roadway configuration
will operate in the future. A review of the historical trends indicates that traffic volumes along
Monterey Drive have not significantly changed since 2000. It should be noted that there were years
when the traffic volumes were higher than year 2017 conditions, as well years when traffic volumes
were lower. In general, traffic volumes have remained relatively steady for the last decade or more and
are expected to remain relatively steady into the future.
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
Jack Sullivan, City of St. Louis Park
Monterey Drive Multimodal Corridor Study
Table 4. Intersection Capacity Analysis (Full-Access versus 3/4-Access)
Page 35
March 13, 2018
Page 10
Therefore to provide a conservative review, a one-half percent per year growth rate was applied to the
existing traffic volumes to develop year 2040 traffic volumes. Based on these volumes, an additional
capacity analysis was completed. Results of the analysis indicate that all key intersections will continue
to operate at acceptable overall LOS C or better under year 2040 conditions with the proposed layout.
Queues and approach delays are expected to be relatively similar to existing conditions, with minor
increases as a result of the assumed growth.
H:\Projects\10000\10962\TS\Documents\10962_Final_MontereyDrive_MultimodalCorridorStudy_180313.docx
Special Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study
Jack Sullivan, City of St. Louis Park
Monterey Drive Multimodal Corridor Study
Page 36
PRELIMINARY CONCEPT
10962.00
March 2018
Monterey Drive Layout
Monterey Drive Multimodal Corridor Study
City of St. Louis Park
Figure 3H:\Projects\10000\10962\TS\Three-Lane Monterey Memo\FiguresSpecial Study Session Meeting of March 19, 2018 (Item No. 1)
Title: Monterey Drive Multimodal Study and Bridgewater Bank Traffic Study Page 37
Meeting: Economic Development Authority
Meeting Date: March 19, 2018
Minutes: 3a
UNOFFICIAL MINUTES
ECONOMIC DEVELOPMENT AUTHORITY
ST. LOUIS PARK, MINNESOTA
MARCH 5, 2018
1. Call to Order
President Hallfin called the meeting to order at 7:25 p.m.
Commissioners present: President Steve Hallfin, Tim Brausen, Rachel Harris, Anne Mavity,
Margaret Rog, and Jake Spano.
Commissioner absent: Thom Miller
Staff present: Executive Director (Mr. Harmening), City Attorney (Mr. Mattick), Community
Development Director (Ms. Barton), Housing Supervisor (Ms. Schnitker), Associate Planner (Ms.
Kramer), Planning and Zoning Supervisor (Mr. Walther), Engineering Director (Ms. Heiser), and
Recording Secretary (Ms. Pappas).
2. Roll Call
3. Approval of Minutes
3a. Economic Development Authority Meeting Minutes February 5, 2018
Commissioner Mavity noted a slight correction, in that the minutes should read that
“President Hallfin,” and not “President Mavity,” called the meeting to order.
It was moved by Commissioner Brausen, seconded by Commissioner Spano, to approve
the EDA minutes as revised..
The motion passed 6-0.
4. Approval of Agenda
It was moved by Commissioner Brausen, seconded by Commissioner Mavity, to approve
the EDA agenda as presented.
The motion passed 6-0.
5. Reports
5a. Approval of EDA Disbursements
It was moved by Commissioner Brausen, seconded by Commissioner Mavity, to approve
the EDA Disbursements.
The motion passed 6-0.
Economic Development Authority Meeting of March 19, 2018 (Item No. 3a) Page 2
Title: Economic Development Authority Meeting Minutes of March 5, 2018
6. Old Business - None
7. New Business - None
8. Communications - None
9. Adjournment
The meeting adjourned at 7:32 p.m.
______________________________________ ______________________________________
Melissa Kennedy, Secretary Steve Hallfin, President
Meeting: Economic Development Authority
Meeting Date: March 19, 2018
Public Hearing Agenda Item: 7a
EXECUTIVE SUMMARY
TITLE: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
RECOMMENDED ACTION: Conduct the Public Hearing and Adopt Resolution approving the
Purchase and Redevelopment Contract between the EDA and SLP Park Ventures, LLC.
POLICY CONSIDERATION: Does the EDA wish to continue taking the necessary steps to
facilitate the Platia Place project?
SUMMARY: SLP Park Ventures, LLC (“Redeveloper”) proposes to purchase vacated right-of-
way from the EDA and construct a mixed-use redevelopment at 9808 and 9920 Wayzata Blvd
(former Santorini’s restaurant property) which would entail cleaning up the current vacant site,
removing its three billboards and constructing a six-story, 149-unit, mixed-income apartment
building as well as a six-story, 100-room hotel together called Platia Place. The cost to construct
the proposed apartment building is approximately $37 million and would have an estimated taxable
market value of nearly $30 million upon completion. The cost to construct the hotel is $20 million
and would have an estimated taxable market value of approximately $8.5 million upon completion.
The subject site has poor structural soils which create significant extraordinary costs for the
proposed redevelopments and impede both projects’ financial feasibility. In order for both projects
to achieve a market rate of return, the Redeveloper applied to the EDA for Tax Increment
Financing (TIF) assistance. The Redeveloper’s TIF application was reviewed at the February 12th
Study Session where it received favorable support.
FINANCIAL OR BUDGET CONSIDERATION: Ehlers’ analysis of the Platia Place financial
proforma determined that the apartment and hotel buildings would not be reasonably expected to
occur in the foreseeable future but for the provision of $2,760,000 and $714,000 respectively in
tax increment. Such assistance is necessary to offset a portion of both projects’ extraordinary site
preparation costs. The financial assistance would be provided via two Tax Increment Financing
(TIF) Notes structured on a pay-as-you-go basis over a maximum term of 9 years. Once the TIF
Notes are retired, the additional property taxes generated by the projects would accrue to the local
taxing jurisdictions. Also under the Contract, the EDA would convey vacated Right-of-Way
needed by the projects to the Redeveloper for $73,772.
VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and
diverse housing stock.
SUPPORTING DOCUMENTS: Discussion
Resolution of Approval
Purchase and Redevelopment Contract
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Karen Barton, Community Development Director
Approved by: Tom Harmening, EDA Executive Director and City Manager
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 2
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
DISCUSSION
BACKGROUND: The subject redevelopment site consists of two parcels: 9808 and 9920
Wayzata Blvd (along with adjacent rights-of-way) and is approximately 3.19 acres. It is located in
the upper northwest quadrant of the city within the Shelard Park Neighborhood. It is bounded by
the Westmarke Condominiums to the west, the MetroPoint Office Park to the north, US Highway
169 to the east and I-394 to the south. Most recently it was the former location of Santorini’s
restaurant and is now currently vacant. Given its proximity to the highway interchange it is highly
visible. The site has been subject to occasional dumping which has created a public nuisance.
According to the current St. Louis Park Plan by Neighborhood Input Report, “the most critical
neighborhood improvement identified [within the Northwest Neighborhood Planning Area] was
decreasing public nuisances, which was primarily related to concerns about [property]
maintenance.” Encouraging redevelopment of the subject site as proposed is consistent with this
objective.
Subject redevelopment site: 9808 and 9920 Wayzata Blvd
REDEVELOPMENT PROPOSAL: SLP Park Ventures, LLC (“Redeveloper”) a real estate
development company led by Bill Stoddard of Stoddard Companies, has a purchase agreement to
acquire the subject site. The Redeveloper proposes to clean up the subject site, remove its three
billboards and construct a six-story, 205,669 SF apartment building as well as a six-story, 61,411
SF hotel together temporarily called Platia Place. The projects would require the acquisition of
approximately 18,440 square feet of vacated Right-of-Way from the city. The apartment building
would consist of 149 housing units of which 134 would be market rate and 15 (10%) would be
affordable at 50% of the Area Median Income (AMI) which meets the requirements of the city’s
Inclusionary Housing Policy. It would also include five 3-bedroom units of which one would be
affordable. The hotel building would have 100 rooms and offer limited services. Both projects will
be required to comply with the City’s Green Building Policy, Building Readiness ordinance, and
Climate Action Plan. The Final Plat and the First Reading of the Ordinance creating the PUD to
allow construction of the proposed projects on the subject site were approved by the City Council
on March 5, 2018.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 3
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
Rendering of proposed Platia Place apartment building and hotel
Redeveloper’s Request for Public Financing Assistance
The cost to construct the apartment building is approximately $37 million and the cost to construct
the hotel is $20 million. There are significant extraordinary costs associated with redeveloping the
subject site due to its poor structural soils, which include: the removal of three billboards, soil
excavation and correction, pilings and a foundation support system. For the apartment building,
these costs exceed $3.1 million and for the hotel they are approximately $900,000. These costs
prevent both proposed projects from achieving a market rate of return. Consequently the
Redeveloper applied to the EDA for Tax Increment Financing (TIF) assistance to offset a portion
of these costs so as to enable the projects to proceed. Tax increment financing uses the increased
future property taxes generated by a new development to finance certain qualified redevelopment
costs incurred during construction of that project for a limited period of time.
Recommended Amount of TIF Assistance
The Redeveloper’s sources and uses statements, cash flow projections, and investor rate of return
(ROR) related to the Platia Place apartment building and hotel projects were reviewed by staff
and the EDA’s financial consultant, Ehlers & Associates. Based upon its analysis of the
Redeveloper’s financial proforma, Ehlers determined that the proposed apartment building would
not be reasonably expected to occur in the foreseeable future but for the provision of $2,760,000
in tax increment assistance and the hotel would not be reasonably expected to occur but for the
provision of $714,000 in tax increment financing. Such assistance would represent 7.5% of the
apartment’s total project costs and less than 4% of the hotel’s total project costs which is consistent
with other developments the EDA has previously assisted.
The TIF assistance would be provided via two TIF Notes, one for each project, and would be made
available to exclusively reimburse the Redeveloper for a portion of the extraordinary site
preparation costs noted above. Upon project completion and the Redeveloper’s submission of
verified qualified redevelopment costs, tax increment generated from the increased value of each
property would be provided to the Redeveloper on a "pay-as-you-go" basis, which is the preferred
financing method under the City's TIF Policy. Bi-annual TIF payments would be made to the
Redeveloper from the increased property taxes generated by each project provided sufficient tax
increment was available. The EDA would be obligated to provide assistance to the project only to
the extent that the project generates sufficient tax increment to make the bi-annual payments.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 4
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
It will take approximately 16 months to construct the proposed Platia Place apartment and hotel
projects. The first increment would be paid in 2021. Given current estimates of market value, it is
projected that the apartment project’s TIF Note would be paid off in approximately 9 years and
the hotel project’s TIF Note would be paid off in approximately 8 years with increment generated
by the respective projects (on a net present value basis). The Notes would terminate with final
payment during or before 2030. The Notes would bear interest at the lessor of 5.5% or the
Redeveloper’s actual rate of financing. The size of the TIF Notes is based upon no inflationary
value in the project (as with all projects). This is more conservative estimating and thus it is
anticipated that the pay-as-you -go Notes will likely be paid off earlier than projected. As with most
EDA redevelopment contracts, the Redeveloper will be required to execute a separate Minimum
Assessment Agreement for the value utilized for projecting the amount of TIF assistance available
for each project.
The proposed Contract also includes a "look-back" provision under which the Redeveloper would
be required to submit a final proforma detailing the actual financial performance of each project.
The look-back provision establishes a cap on the return that the Redeveloper earns on a cash-on-
cash basis, once the projects reach stabilized income. The cap is essentially an industry standard
for similar projects. The look-back provision ensures that if either project cash flows at a higher
rate than currently estimated, the EDA shares economically in the success of the project by
reducing the amount of TIF assistance provided.
Conveyance of Remnant Right-of-Way
The City recently acquired right-of-way along Wayzata Boulevard adjacent to the subject site from
MnDOT. The land was released to the City in 2013 and conveyed by quit claim deed in August
2017. The City will be retaining a portion of this property for right-of-way purposes and vacating
the remainder (“Remnant Right-of-Way”). The Remnant Right-of-Way will be conveyed to the
EDA for subsequent sale to the Redeveloper. On March 5, 2018 the City Council approved the First
Reading of Ordinance Vacating Right-of-Way adjacent to 9808 and 9920 Wayzata Boulevard and
is scheduled to approve the Second Reading March 19th. The Redeveloper has requested to
purchase the Remnant Right-of-Way (as shown in the image below and described in the Ordinance
and Contract) from the EDA for $73,772 in order to accommodate the proposed redevelopment.
Image of Remnant Right-of-Way (highlighted)
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 5
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
TIF Application Review
The EDA/City Council reviewed the Redeveloper’s TIF Application for the proposed project at
the February 12th Study Session. There was consensus support for favorably considering the
recommended amounts of financial assistance and conveying the Remnant Right-of-Way to the
Redeveloper to facilitate both projects. As a result, staff was directed to call for a public hearing
on the proposed sale of vacated right–of-way property needed for both projects and prepare
business terms for a formal purchase and redevelopment contract with SLP Park Ventures, LLC.
TIF District
On March 21, 2016 the EDA/Council approved the establishment of the Wayzata Blvd
Redevelopment TIF District to proactively encourage redevelopment of the subject site. Both
Platia Place projects qualify as redevelopments under the state TIF Act so no further action is
required at this time relative to the Wayzata Blvd TIF District.
Property Value and Taxes
The taxable market value of 9920 Wayzata Blvd is $1.1 million and generates approximately
$6,800 in City property taxes. The estimated taxable market value of the property upon completion
of the proposed apartment building (for TIF estimation purposes) is nearly $30 million.
The taxable market value of 9808 Wayzata Blvd is $1.2 million and generates approximately
$7,800 in City property taxes. The estimated taxable market value of the property upon completion
the proposed hotel building (for TIF estimation purposes) is $8.5 million.
Most of the new values would be captured as tax increment and used to make payments on the
proposed TIF Notes until they are paid off and the TIF district is terminated. The City, County and
School District would continue to receive the property taxes collected on the subject site’s base
value. Once the TIF Notes are retired, the additional property taxes generated by both projects
would accrue to the local taxing jurisdictions. Upon termination of the District, the City’s portion
of the property taxes is projected to increase to $177,400/year (or 2,500%) for the apartment site
and approximately $54,000/year (or a nearly 600%) for the hotel site.
Proposed Purchase and Redevelopment Contract
Specific business terms for providing the proposed financial assistance and selling the Remnant
Right-of-Way were provided in the March 12th Study Session staff report. Those terms served as
the basis for the proposed Purchase and Redevelopment Contract (“Contract”) (attached) with SLP
Park Ventures, LLC (“Redeveloper”) and assigns. The proposed Contract specifies the property
acquisition terms and mutual obligations between the EDA and the Redeveloper as well as the
precise terms of the financial assistance to be provided. The Contract is consistent with EDA Policy,
past practices and previous discussions with the EDA/City Council. The following are key terms of
the proposed Contract.
1. For purposes of the proposed Purchase and Redevelopment Contract, the following parcels,
and “Remnant Right-of-Way” shall together be understood as “the Redevelopment
Property”:
• 9808 Wayzata Blvd
• 9920 Wayzata Blvd
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 6
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
2. The City owns former MnDOT right-of-way along Wayzata Boulevard adjacent to
Redevelopment Property. It is the intention of the City to retain a portion of this property
for right-of way purposes with the balance of the right-of-way property (“Remnant Right-
of-Way”) to be vacated and conveyed to the EDA by quit claim deed for reconveyance to
the Redeveloper.
3. Upon vacation and conveyance of the Remnant Right-of-Way to the EDA, the EDA agrees
to convey title to and possession of the Remnant Right-of-Way to the Redeveloper by quit
claim deed, subject to the following terms and conditions:
(a) Prior to Closing, the Redeveloper shall prepare and obtain City approval of a
Final PUD ordinance for the Redevelopment Property and a Final Plat of the
Redevelopment Property at Redeveloper’s cost and subject to all City
ordinances and procedures.
(b) The EDA will use its best efforts to obtain approval by the City Council before
Closing of any amendment to the City zoning ordinance in order to permit
construction and use of the Minimum Improvements on the Redevelopment
Property.
4. The purchase price for the Remnant Right-of-Way shall be $73,772 which the Redeveloper
shall pay in full at Closing.
5. The EDA's obligation to convey the Remnant Right-of-Way to the Redeveloper is subject to
satisfaction of the following terms and conditions:
(a) The Redeveloper having closed on permanent financing at or before Closing on
transfer of title to the Redevelopment Property from the EDA to the Redeveloper,
or having received a binding commitment from a lender to provide financing
sufficient for construction of the Minimum Improvements, or having otherwise
provided the EDA with proof of funds available to finance construction of the
Minimum Improvements.
(b) The City having approved the Final Redevelopment Plat and PUD and the
Redeveloper having recorded the Redevelopment Plat at or before Closing.
(c) The City having approved all necessary zoning variances to the Redevelopment
Property.
(d) The EDA having approved Construction Plans for the Minimum Improvements.
(e) The Redeveloper having reviewed and approved (or waived objections to) title to
the Redevelopment Property and having obtained a commitment from a title
company acceptable to the Redeveloper (the “Title Company”) to issue a suitable
owner’s policy.
(6) The City having conveyed the Remnant Right-of-Way to the EDA.
(7) The Redeveloper being satisfied with the results of its due diligence inspections
and testing with regard to the Redevelopment Property.
(8) No events of default under the Contract having occurred.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 7
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
6. Closing on the Remnant Right-of-Way shall occur within 30 days of satisfaction or waiver
of the above conditions but no later than September 28, 2018, unless extended by mutual
agreement of the parties.
7. The Redeveloper shall have the right to enter the Remnant Right-of-Way at reasonable times
for the purpose of inspection and testing and to determine the feasibility of the Remnant
Right-of-Way for the Redeveloper’s intended use.
8. The EDA has determined that, in order to make development of the Minimum Improvements
financially feasible, it is necessary to reimburse Redeveloper for a portion of the cost of: site
demolition (including billboard removal and disposal), soil excavation, disposal and
correction, pilings and/or foundation support system, environmental remediation, utility
relocations, and underground structured parking (collectively referred to as “Public
Redevelopment Costs”). The tax increment generated from the Wayzata Blvd TIF District
will be payable to Redeveloper in the form of two tax increment revenue notes (the
“Notes”); one for the apartment building and one for the hotel.
The Note for the apartment building would be structured on the following basis:
Ø Issue total: $2,760,000
Ø Type: Pay-as-you-go
Ø Term: Until full repayment – not to exceed 9 years
Ø Interest Rate: Lesser of 5.5% or Redeveloper’s actual financing rate
Ø Admin Fee: 5%
Ø Fiscal Disparities: Paid from within the district
The Note for the hotel building would be structured on the following basis:
Ø Issue total: $714,000
Ø Type: Pay-as-you-go
Ø Term: Until full repayment – not to exceed 8 years
Ø Interest Rate: Lesser of 5.5% or Redeveloper’s actual financing rate
Ø Admin Fee: 5%
Ø Fiscal Disparities: Paid from within the district
The EDA shall issue and deliver each Note upon Redeveloper having:
(a) delivered to the EDA written evidence satisfactory to the EDA that
Redeveloper has incurred Public Redevelopment Costs in an amount at least
equal to the principal amount of the Note, which evidence must include
copies of the paid invoices or other comparable evidence for costs of
allowable Public Redevelopment Costs;
(b) submitted and obtained EDA approval of finance; and
(c) delivered to the EDA an investment letter in a form reasonably satisfactory to
the EDA.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 8
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
(d) The EDA acknowledges that the Redeveloper may assign one or both Notes
to a third party. The EDA consents to such assignments, conditioned upon
receipt of an investment letter from such third party in a form reasonably
acceptable to the EDA.
(e) The Redeveloper understands and acknowledges that all Public
Redevelopment Costs must be paid by the Redeveloper and will be
reimbursed from Available Tax Increment pursuant to the terms of the Note.
The Redeveloper understands and acknowledges that the EDA makes no
representations or warranties regarding the amount of Tax Increment, or that
revenues pledged to the Notes will be sufficient to pay the principal and
interest on the Notes. Any estimates of Tax Increment prepared by the EDA
or its financial advisors in connection with the TIF District or this Contract are
for the benefit of the EDA, and are not intended as representations on which
the Redeveloper may rely. Public Redevelopment Costs exceeding the
principal amount of the Notes are the sole responsibility of Redeveloper.
9. The EDA will perform a “lookback” calculation when the Apartment Component achieves
93% occupancy and the Hotel Component has one-full year of operations at 68%
occupancy. Such an analysis will entail reviewing certain cost and expense assumptions
associated with constructing the Minimum Improvements to verify the requested amounts of
TIF assistance were justified or determine the extent to which the TIF Notes may require
reduction.
10. Redeveloper agrees that it will pay the reasonable costs of consultants and attorneys retained
by the EDA in connection with the preparation of the TIF Plan, the establishment of the
Wayzata Blvd TIF District, the negotiation and preparation of the Purchase and
Redevelopment Contract and other incidental agreements and documents. Upon termination
of the Purchase and Redevelopment Contract the Redeveloper remains obligated for costs
incurred through the effective date of termination.
11. Redeveloper agrees to undertake the Minimum Improvements and Redeveloper Public
Improvements as shown in the approved Construction Plans and operate and maintain the
Minimum Improvements in good repair and condition. In summary, the Redeveloper
agrees to completely remove the three billboards on the Redevelopment Property, construct
the Redeveloper Public Improvements, and construct the Minimum Improvements which
together consist of a six-story, multi-family apartment building with 149 units of rental
housing, and a six-story, limited service hotel building consisting of 100 rooms along with
associated surface and structured underground automobile parking, bicycle parking,
associated infrastructure, sidewalks, landscaping, designed outdoor recreation areas, and
artwork as required under the city’s PUD and Planning Development Contract.
12. Before commencing construction of the Minimum Improvements, the Redeveloper must
submit Construction Plans regarding the Minimum Improvements for approval by the
EDA. All work on the Minimum Improvements shall be in accordance with the approved
Construction Plans and shall comply with all City requirements regarding such
improvements.
13. If the Redeveloper desires to make any material change in the Construction Plans after their
approval by the EDA, the Redeveloper shall submit the proposed change to the EDA for its
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 9
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
approval. The term “material” means changes that decrease construction costs by $500,000
or more.
14. Subject to Unavoidable Delays, Redeveloper agrees to commence construction of the
multi-family apartment building and hotel building by October 1, 2018 and substantially
complete them both by February 28, 2020. If the Redeveloper anticipates that the timetable
for construction of either building will not be met, Redeveloper shall provide a written and
oral presentation to the City Council at a regular City Council meeting at least 45 days prior
to the Required Commencement Date or Completion Date. The report must describe the
reasons for the expected failure to meet the schedule, evidence of Redeveloper’s due diligence
in working toward construction of the Minimum Improvements, and a detailed revised
construction schedule. Approval of a modified schedule for construction by the EDA shall not
be unreasonably withheld, conditioned or delayed. Failure to timely provide such written and
oral report is an Event of Default.
15. The Redeveloper shall comply with the City’s Green Building Policy, adopted by the City
Council on February 16, 2010 and updated September 16, 2014 and as such policy may be
amended as of the date of issuance of a building permit for the Minimum Improvements.
16. The Redeveloper agrees to comply with the City’s Inclusionary Housing Policy, as adopted
June 1, 2015 and amended May 15, 2017, including without limitation the following:
(a) The Redeveloper agrees to reserve at least 15 of the units within the Apartment
building for households earning fifty percent (50%) of Area Median Income (“AMI”)
(collectively, the “Affordable Apartments”) for at least twenty-five (25) years
following building occupancy.
(b) The monthly rental price for Affordable Apartments shall include rent and utility costs
and shall be based on no more than fifty percent (50%) of AMI adjusted for bedroom
size and calculated annually by Minnesota Housing in connection with establishing
rent limits for the Housing Tax Credit Program.
(c) The size and design of the Affordable Apartments shall be consistent and comparable
with the market rate units in the Minimum Improvements and is subject to the
approval of the City. The Affordable Apartments shall be distributed throughout the
Apartment building.
(d) The Affordable Apartments shall have a number of bedrooms in the approximate
proportion as the market rate units.
(e) The Redeveloper agrees to prepare an affordable housing plan as defined in the City’s
Inclusionary Housing Policy (the “Affordable Housing Plan”). The Affordable
Housing Plan shall describe how the Redeveloper complies with each of the
applicable requirements of the Inclusionary Housing Policy. The Affordable Housing
Plan shall be prepared by the Redeveloper and must be approved by the City prior to
or in conjunction with delivery of the Certificate of Completion for the North
Apartments Component or the South Apartments Component, whichever is earlier.
17. The Redeveloper shall install dedicated wired connections from each building’s point of
presence to each internal wiring closet, thence to each living and commercial unit in
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 10
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
conformity with the terms and specifications provided in the City Planning Development
Contract.
18. The Redeveloper shall install a video surveillance system to provide complete coverage of all
parking facilities constructed as part of the Minimum Improvements, including entrances to
stairs and elevators in conformity with the terms and specifications provided in the City
Planning Development Contract.
19. The Redeveloper shall equip both buildings with an approved bi-directional 800 MHz signal
enhancement system in conformity with the terms and specifications provided in the City
Planning Development Contract.
20. The Redeveloper shall install Electric Vehicle Charging Station Infrastructure in both
buildings in conformity with the terms and specifications provided in the City Planning
Development Contract.
21. The Redeveloper shall construct the roofs of both buildings in such a manner as to allow for
Solar Readiness in conformity with the terms and specifications provided in the City Planning
Development Contract.
22. The Redeveloper shall construct designed outdoor recreation areas and other public amenities
including privately owned artwork on the Redevelopment Property as required under the City
Planning Development Contract and as depicted in the approved Site Plan. The parties agree
and understand that the Redeveloper shall be responsible for the cost of any maintenance
and repair of the amenities and artwork.
23. The Redeveloper agrees to comply with the terms of the Maintenance Plan for the
Redevelopment Property as specified in the City Planning Development Contract.
24. The Redeveloper shall, with the EDA, execute an Assessment Agreement specifying an
assessor’s minimum market value for the Redevelopment Property and the Minimum
Improvements constructed thereon.
25. The EDA agrees to subordinate its rights under the Contract to the Holder of any Mortgage
securing construction or permanent financing, in accordance with the terms of a mutually-
approved subordination agreement.
26. The Redeveloper agrees not to transfer the Purchase and Redevelopment Contract or the
Redevelopment Property (except to an affiliate) prior to receiving a Certificate of
Completion without the prior written consent of the EDA, except for construction mortgage
financing and/or permanent financing. The EDA's consent shall not be unreasonably
withheld, conditioned or delayed.
27. The Redeveloper agrees that any proposed transferee, shall, for itself and its successors and
assigns, and expressly for the benefit of the EDA, expressly assume all of the obligations
of the Redeveloper under the Contract as to the portion of the Redevelopment Property to
be transferred and agrees to be subject to all the conditions and restrictions to which the
Redeveloper is subject.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 11
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
28. The Redeveloper shall undertake all work related to the Minimum Improvements and
Redeveloper Public Improvements in compliance with all applicable federal and state laws,
including without limitation all applicable state and federal Occupational Safety and Health
Act regulations. Any subcontractors retained by Redeveloper shall be subject to the same
requirements. All Redeveloper Public Improvements shall be constructed in accordance with
the City Ordinance.
29. The Redeveloper agrees that the EDA and the City will not be held liable for any loss or
damage to property or any injury to or death of any person occurring at or about or resulting
from any defect in the Redevelopment Property or the Minimum Improvements.
30. The Redeveloper, for itself and its successors and assigns, agrees that during the construction
of the Minimum Improvements provided for in the Contract it will comply with all applicable
federal, state, and local equal employment and non-discrimination laws and regulations.
31. The Redeveloper agrees until the Contract Termination Date not to discriminate upon the
basis of race, color, creed, sex or national origin in the construction or maintenance of the
Minimum Improvements or in the use or occupancy of the Redevelopment Property or any
improvements erected thereon.
The above terms are subject to further definition, revision and/or refinement provided they do not
alter the substance of the transaction.
Summary
The EDA has been in discussion with SLP Park Ventures, LLC relative to the Platia Place project
for over a year. Providing the proposed financial assistance and selling vacated right-of-way to the
Redeveloper makes it possible to clean up the vacant former Santorini’s property, remove three
billboards and construct a sustainable six-story, 149-unit mixed income apartment building as well
as a six-story, 100-room hotel consistent with the Comprehensive Plan. The projects will further
diversify the city’s housing stock with 134 market rate and 15 affordable multi-family units and a
100-room, limited service hotel. Economically these projects will create over 45 new employment
positions and bring the currently vacant properties to optimal market value by generating $39
million in additional tax base. The EDA’s financial participation in the proposed projects will
leverage approximately $57 million in new private investment. The ratio of private to public
investment is nearly $13 to $1 for the apartment project and nearly $27 to $1 for the hotel project.
Finally, the Platia Place project will remove blight from this highly visible vacant site and bring
additional economic vibrancy to the Shelard Park neighborhood.
Recommendation
As indicated in the February 12, 2018 staff report, the Platia Place redevelopment meets the City’s
objectives and Minimum Qualifications as well as nearly all Desired Qualifications for the
provision of Tax Increment Financing as specified in the City’s TIF Policy. Given these findings,
staff supports selling the vacated Remnant Right-of-Way needed by the proposed projects for
$73,772 and reimbursing SLP Park Ventures, LLC for qualified redevelopment costs up to
$2,760,000 for the apartment project and $714,000 for the hotel project in the form of pay-as-you-
go tax increment generated by the respective projects so as to advance both redevelopments. The
EDA’s legal counsel in consultation with staff prepared the proposed Purchase and Redevelopment
Contract with SLP Park Ventures, LLC and recommends its approval. The attached resolution of
approval allows for modifications to the Contract that do not alter the substance of the transaction
without bringing the Contract back to the EDA for amendment.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 12
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
EDA RESOLUTION NO. 18-____
RESOLUTION APPROVING A PURCHASE AND
REDEVELOPMENT CONTRACT, INCLUDING
PROVISIONS FOR THE CONVEYANCE OF REAL
PROPERTY, AND AWARDING THE SALE OF, AND
PROVIDING THE FORM, TERMS, COVENANTS AND
DIRECTIONS FOR THE ISSUANCE OF ITS TAX
INCREMENT REVENUE NOTE TO SLP PARK VENTURES
LLC
BE IT RESOLVED BY the Board of Commissioners (the “Board”) of the St. Louis Park
Economic Development Authority (the “Authority”) as follows:
Section 1. Recitals; Approval and Authorization; Award of Sale.
1.01. Recitals.
(a) The Authority and the City of St. Louis Park have heretofore approved the
establishment of the Wayzata Tax Increment Financing District (the “TIF District”) within
Redevelopment Project No. 1 (the “Project”), and have adopted a tax increment financing plan for the
purpose of financing certain improvements within the Project.
(b) To facilitate the redevelopment of certain property within the Project and TIF District,
the Authority and SLP Park Ventures LLC (the “Owner”) have negotiated a Purchase and
Redevelopment Contract (the “Agreement”) which provides for the conveyance of certain City-
owned property described in Exhibit A (the “Authority Parcels”) to the Authority for reconveyance
to the Owner, the construction by the Owner of a rental housing facility, a hotel, and associated
parking on certain Redevelopment Property adjacent to the Authority Parcels, and the issuance by
the Authority of one or more Tax Increment Revenue Notes, Series 2018 (the “Notes”) to the Owner.
(c) On October 4, 2017, the Planning Commission of the City reviewed the plans for
development of the Redevelopment Property by the Redeveloper, including the City Parcels, found
that such development is consistent with the City’s comprehensive plan, and recommended approval
of the final plat of the Redevelopment Property.
(d) On the date hereof, the Authority conducted a duly noticed public hearing regarding
the conveyance of the Authority Parcels to the Owner pursuant to the Agreement, at which all
interested parties were given an opportunity to be heard, and hereby finds that the execution of the
Agreement and performance of the Authority's obligations thereunder, including the conveyance of
the Authority Parcels to the Owner, are in the best interest of the City and its residents.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 13
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
1.02. Approval of Agreement.
(a) 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, and subject to approval by the City Council of the conveyance of
the Authority Parcels (as defined in the Agreement) to the Authority, provided that execution of the
Agreement by such officials shall be conclusive evidence of approval.
(b) Authority staff and officials are authorized to take all actions necessary to perform the
Authority’s obligations under the Agreement as a whole, including without limitation execution of
any documents to which the Authority is a party referenced in or attached to the Agreement, and any
deed or other documents necessary to acquire the Authority Parcels from the City, and to convey the
Authority Parcels to Redeveloper, all as described in the Agreement.
1.03. Authorization of Notes. Pursuant to Minnesota Statutes, Section 469.178, the
Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public
development costs of the Project. Such bonds are payable from all or any portion of revenues derived
from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and
determines that it is in the best interests of the Authority that it issue and sell the Notes to the Owner
for the purpose of financing certain Public Redevelopment Costs of the Project, subject to all terms
and conditions of the Agreement.
1.04. Issuance, Sale, and Terms of the Notes. (a) The Authority hereby authorizes the
President and Executive Director to issue the Notes in accordance with the Agreement. All
capitalized terms in this resolution have the meaning provided in the Agreement unless the context
requires otherwise.
(b) The Notes shall be issued to the Owner as two separate Notes: the Hotel Note in the
maximum aggregate principal amount of $714,000 in consideration of certain eligible costs incurred
by the Owner in connection with construction of the Hotel Component of the Minimum
Improvements, and the Multifamily Note in the maximum aggregate principal amount of $2,760,000
in consideration of certain eligible costs incurred by the Owner in connection with construction of the
Multifamily Component of the Minimum Improvements under the Agreement. The Notes shall be
dated the date of delivery thereof, and shall bear interest at the lesser of the rate of 5.5% per annum
or the actual rate of the Owner’s mortgage financing, from the date of issue to the earlier of maturity
or prepayment. The Notes will be issued in the principal amount of Public Redevelopment Costs
submitted and approved in accordance with Section 3.6 of the Agreement. The Notes are secured by
Available Tax Increment, as further described in the form of the Note herein. The Authority hereby
delegates to the Executive Director the determination of the date on which each Note is to be
delivered, in accordance with the Agreement.
Section 2. Form of Notes. The Notes shall be in substantially the following form, with
the blanks to be properly filled in and the principal amount adjusted as of the date of issue:
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 14
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
No. R-1 $_____________
TAX INCREMENT REVENUE NOTE
SERIES 20__
(Platia Place, ________ Component)
Date
Rate of Original Issue
___%
The St. Louis Park Economic Development Authority (“Authority”) for value received,
certifies that it is indebted and hereby promises to pay to SLP Park Ventures LLC or registered assigns
(the "Owner"), the principal sum of $__________ and to pay interest thereon at the rate of __% per
annum, solely from the sources and to the extent set forth herein. Capitalized terms shall have the
meanings provided in the Purchase and Redevelopment Contract between the Authority and the
Owner, dated as of _______________, 2018 (the "Agreement"), unless the context requires
otherwise.
1. Payments. Principal and interest ("Payments") shall be paid on August 1, 20__ and
each February 1 and August 1 thereafter to and including February 1, 20__ ("Payment Dates") in the
amounts and from the sources set forth in Section 3 herein. Payments shall be applied first to accrued
interest, and then to unpaid principal. Simple interest accruing from the date of issue through and
including February 1, 20__ shall be added to principal.
Payments are payable by mail to the address of the Owner or such other address as the Owner
may designate upon 30 days written notice to the Authority. Payments on this Note are payable in
any coin or currency of the United States of America which, on the Payment Date, is legal tender for
the payment of public and private debts.
2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal,
commencing on the date of original issue. Interest shall be computed on the basis of a year of 360
days and charged for actual days principal is unpaid.
3. Available Tax Increment. (a) Payments on this Note are payable on each Payment
Date solely from and in the amount of Available Tax Increment, which shall mean 95% of the Tax
Increment attributable to the [______ Component] of the Minimum Improvements and
Redevelopment Property that is paid to the Authority by Hennepin County in the six months
preceding each Payment Date on the Note.
(b) The Authority shall have no obligation to pay principal of and interest on this Note on
each Payment Date from any source other than Available Tax Increment and the failure of the
Authority to pay principal or interest on this Note on any Payment Date shall not constitute a default
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 15
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
hereunder as long as the Authority pays principal and interest hereon to the extent of Available Tax
Increment. The Authority shall have no obligation to pay any unpaid balance of principal or accrued
interest that may remain after the final Payment on February 1, 20__.
4. Default. If on any Payment Date there has occurred and is continuing any Event of
Default under the Agreement, the Authority may withhold from payments hereunder under all
Available Tax Increment. If the Event of Default is thereafter cured in accordance with the
Agreement, the Available Tax Increment withheld under this Section shall be deferred and paid,
without interest thereon, within 30 days after the Event of Default is cured. If the Event of Default is
not cured in a timely manner, the Authority may terminate this Note by written notice to the Owner
in accordance with the Agreement.
5. Prepayment. (a) The principal sum and all accrued interest payable under this Note is
prepayable in whole or in part at any time by the Authority 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 Note.
(b) Upon receipt by Redeveloper of the Authority’s written statement of the Participation
Amount as described in Section 3.8 of the Agreement, fifty percent of such Participation Amount will
be deemed to constitute, and will be applied to, prepayment of the principal amount of this Note.
Such deemed prepayment is effective as of the date of delivery of such statement to the Owner, and
will be recorded by the Registrar in its records for the Note. Upon request of the Owner, the Authority
will deliver to the Owner a statement of the outstanding principal balance of the Note after application
of the deemed prepayment under this paragraph.
6. Nature of Obligation. This Note is one of an issue in the total principal amount of
$_________________, issued to aid in financing certain public redevelopment costs and
administrative costs of a Project undertaken by the Authority pursuant to Minnesota Statutes, Sections
469.001 through 469.047, and is issued pursuant to an authorizing resolution (the "Resolution") duly
adopted by the Authority on ________, 2018, and pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to
469.1794, as amended. This Note is a limited obligation of the Authority which is payable solely
from Available Tax Increment pledged to the payment hereof under the Resolution. This Note 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 Authority. Neither the State of
Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest
on this Note 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 Note or other costs incident hereto.
7. Registration and Transfer. This Note is issuable only as a fully registered note without
coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this Note
is transferable upon the books of the Authority kept for that purpose at the principal office of the City
Finance Director, by the Owner hereof in person or by such Owner's attorney duly authorized in
writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the
Authority, duly executed by the Owner. Upon such transfer or exchange and the payment by the
Owner of any tax, fee, or governmental charge required to be paid by the Authority with respect to
such transfer or exchange, there will be issued in the name of the transferee a new Note of the same
aggregate principal amount, bearing interest at the same rate and maturing on the same dates.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 16
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required
by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be
performed in order to make this Note a valid and binding limited obligation of the Authority according
to its terms, have been done, do exist, have happened, and have been performed in due form, time and
manner as so required.
IN WITNESS WHEREOF, the Board of Commissioners of the St. Louis Park Economic
Development Authority have caused this Note to be executed with the manual signatures of its
President and Executive Director, all as of the Date of Original Issue specified above.
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
Executive Director President
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 17
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register of
the City Finance Director, in the name of the person last listed below.
Date of Signature of
Registration Registered Owner____ Chief Financial Officer
SLP Park Ventures LLC
Federal Tax I.D. No. _____________
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 18
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
Section 3. Terms, Execution and Delivery.
3.01. Denomination, Payment. Each Note shall be issued as a single typewritten note
numbered R-1.
Each Note shall be issuable only in fully registered form. Principal of and interest on the
Notes shall be payable by check or draft issued by the Registrar described herein.
3.02. Dates; Interest Payment Dates. Principal of and interest on the Notes shall be payable
by mail to the owner of record thereof as of the close of business on the fifteenth day of the month
preceding the Payment Date, whether or not such day is a business day.
3.03. Registration. The Authority hereby appoints the Chief Financial Officer of the City
to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of
registration and the rights and duties of the Authority and the Registrar with respect thereto shall be
as follows:
(a) Register. The Registrar shall keep at its office a bond register in which the Registrar
shall provide for the registration of ownership of the Notes and the registration of transfers and
exchanges of the Notes.
(b) Transfer of Note. Upon surrender for transfer of any Note duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form reasonably
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly
authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name
of the designated transferee or transferees, a new Note of a like aggregate principal amount and
maturity, as requested by the transferor. The Registrar may close the books for registration of any
transfer after the fifteenth day of the month preceding each Payment Date and until such Payment
Date.
(c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by
the Registrar and thereafter disposed of as directed by the Authority.
(d) Improper or Unauthorized Transfer. When any Note is presented to the Registrar for
transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such
Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for
its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(e) Persons Deemed Owners. The Authority and the Registrar may treat the person in
whose name each Note is at any time registered in the bond register as the absolute owner of such
Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account
of, the principal of and interest on such Note and for all other purposes, and all such payments so
made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy
and discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid.
(f) Taxes, Fees and Charges. For every transfer or exchange of any Note, the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or
other governmental charge required to be paid with respect to such transfer or exchange.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 19
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
(g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated
or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates
and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of
and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen,
or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost,
stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the
Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar
shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the
mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in
accordance with its terms, it shall not be necessary to issue a new Note prior to payment.
3.04. Preparation and Delivery. The Notes shall be prepared under the direction of the Chief
Financial Officer of the City and shall be executed on behalf of the Authority by the signatures of its
President and Executive Director. In case any officer whose signature shall appear on any Note shall
cease to be such officer before the delivery of such Note, such signature shall nevertheless be valid
and sufficient for all purposes, the same as if such officer had remained in office until delivery. When
each Note has been so executed, it shall be delivered by the Executive Director to the Owner thereof
in accordance with the Agreement.
Section 4. Security Provisions.
4.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest
on the Hotel Note all Available Tax Increment attributable to the Hotel Component of the Minimum
Improvements as defined in the Note, and hereby pledges to the payment of the principal of and
interest on the Multifamily Note all Available Tax Increment attributable to the Multifamily
Component of the Minimum Improvements as defined in the Note.
Available Tax Increment shall be applied to payment of the principal of and interest on each Note in
accordance with the terms of the form of Note set forth in Section 2 of this resolution.
4.02. Bond Fund. Until the date the Notes are no longer outstanding and no principal
thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains
unpaid, the Authority shall maintain a separate and special "Bond Fund" to be used for no purpose
other than the payment of the principal of and interest on the Notes. The Authority irrevocably agrees
to appropriate to the Bond Fund on or before each Payment Date the Available Tax Increment in an
amount equal to the Payment then due, or the actual Available Tax Increment, whichever is less. Any
Available Tax Increment remaining in the Bond Fund shall be transferred to the Authority's account
for the TIF District upon the termination of the Notes in accordance with their terms.
4.03. Additional Obligations. The Authority will issue no other obligations secured in
whole or in part by Available Tax Increment unless such pledge is on a subordinate basis to the
pledge on the Notes.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 20
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
Section 5. Certification of Proceedings.
5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and
directed to prepare and furnish to the Owner of each Note certified copies of all proceedings and
records of the Authority, and such other affidavits, certificates, and information as may be required
to show the facts relating to the legality and marketability of each Note as the same appear from the
books and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed
representations of the Authority as to the facts recited therein.
Section 6. Effective Date. This resolution shall be effective upon approval.
Reviewed for Administration: Adopted by the Economic Development
Authority __________, 2018
Thomas K. Harmening, Executive Director Steve Hallfin, President
Attest
Melissa Kennedy, Secretary
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 21
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
EXHIBIT A
AUTHORITY PARCELS
That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 described as follows:
Beginning at right of way Boundary corner B3; thence on an assumed azimuth of 1
degree 05 minutes 15 seconds along the boundary line of said plat a distance of 86.85
feet to Right of Way Boundary Corner B4; thence deflect to the right 83.74 feet along
a non-tangential curve concave to the northwest and passing through Right of Way
Boundary Corner B5, having a radius of 2083.24 feet, central angle of 2 degrees 18
minutes 11 seconds, chord azimuth of 48 degrees 18 minutes 24 seconds and chord
distance of 83.73 feet; thence on an azimuth of 91 degrees 27 minutes 32 seconds a
distance of 98.89 feet; thence southwesterly deflecting to the right on a non- tangential
curve concave to the northwest having a radius of 788.53 feet, delta angle of 15 degrees
42 minutes 58 seconds, and a chord azimuth of 229 degrees 07 minutes 59 seconds and
chord distance of 215.62 feet to the East line of parcel 44 as shown on said plat 27-23;
thence north along said East line of Parcel 44 to the point of beginning.
AND
That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 which lies southwesterly
and southerly of Line 1, said Line 1 being described as follows:
Line 1:
Commencing at Right of Way Boundary Corner B212 as shown on said Plat No. 27-
23; thence Northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the
West line of the boundary of said Plat No. 27-23 a distance of 484.26 feet to Right of
Way Boundary Corner B211 and the point of beginning of the line being described;
thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the
boundary of said Plat No. 27-23 a distance of 214.28 feet to Right of Way Boundary
Corner B1; thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00
feet; thence deflect to the left 350.87 feet on a non-tangential curve, concave to the
North and passing through Right of Way Boundary Corner B2 as shown on said Plat
No. 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56
seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line
of said Parcel 44; thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet
to Right of Way Boundary Corner B3 as shown on said Plat No. 27-23 and there
terminating.
And northerly of the following described line and its easterly extension:
Commencing at the point of intersection of the West line of the Southeast Quarter of
the Northeast Quarter of said Section 1 with the most southerly line of Lot 1, Block 7,
SHELARD PARK; thence on an assumed bearing of South 0 degrees 39 minutes 11
seconds West along said West line a distance of 187.99 feet to the point of beginning
of the line being described; thence along a non-tangential curve concave to the
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a) Page 22
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC
northeast having a radius of 788.53 feet, central angle of 7 degrees 43 minutes 57
seconds, chord bearing of South 78 degrees 42 minutes 56 seconds East to its
intersection with the most westerly extension of the southerly line of said Parcel 44;
thence easterly along said extension of the most southerly line of said Parcel 44 to its
intersection with Line 1 described above, and said line there ending.
D-1
Second draft, March 14, 2018
DRAFT
PURCHASE AND REDEVELOPMENT CONTRACT
By and Between
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
and
SLP PARK VENTURES LLC
Dated as of: _________________, 2018
This document was drafted by:
KENNEDY & GRAVEN, Chartered (MNI)
470 U.S. Bank Plaza
Minneapolis, Minnesota 55402
(612) 337-9300
http://www.kennedy-graven.com
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a)
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC Page 23
D-2
TABLE OF CONTENTS
Page
PREAMBLE ......................................................................................................................................... 1
ARTICLE I
Definitions
Section 1.1. Definitions .................................................................................................................... 2
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority ................................................................................. 6
Section 2.2. Representations and Warranties by the Redeveloper ................................................... 6
ARTICLE III
Property Acquisition; Public Redevelopment Costs
Section 3.1. Conveyance of the Property ......................................................................................... 8
Section 3.2. Purchase Price; Provisions for Payment ....................................................................... 8
Section 3.3. Conditions of Conveyance ........................................................................................... 8
Section 3.4. Place of Document Execution, Delivery and Recording ............................................. 9
Section 3.5. Title ............................................................................................................................... 9
Section 3.6. Environmental Conditions .......................................................................................... 10
Section 3.7. Issuance of Notes ........................................................................................................ 11
Section 3.8. TIF Lookback ............................................................................................................. 12
Section 3.9. Business Subsidy ........................................................................................................ 12
Section 3.10. Payment of Authority Costs ....................................................................................... 13
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Improvements ................................................................................... 14
Section 4.2. Construction Plans ...................................................................................................... 14
Section 4.3. Commencement and Completion of Construction ..................................................... 15
Section 4.4. Certificate of Completion ........................................................................................... 16
Section 4.5. Records ....................................................................................................................... 16
Section 4.6. Management ............................................................................................................... 16
Section 4.7. Inclusionary Housing Policy ...................................................................................... 17
Section 4.8. Conformity to Planning Development Contract ........................................................ 17
ARTICLE V
Insurance
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a)
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D-3
Section 5.1. Insurance ..................................................................................................................... 19
Section 5.2. Subordination .............................................................................................................. 20
ARTICLE VI
Tax Increment; Taxes
Section 6.1. Right to Collect Delinquent Taxes ............................................................................. 21
Section 6.2. Review of Taxes ......................................................................................................... 21
Section 6.3. Assessment Agreement .............................................................................................. 21
ARTICLE VII
Other Financing
Section 7.1. Generally ..................................................................................................................... 23
Section 7.2. Authority’s Option to Cure Default on Mortgage ...................................................... 23
Section 7.3. Modification; Subordination ...................................................................................... 23
ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development ............................................................................. 24
Section 8.2. Prohibition Against Redeveloper’s Transfer of Property and
Assignment of Agreement .......................................................................................... 24
Section 8.3. Release and Indemnification Covenants .................................................................... 25
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined .......................................................................................... 27
Section 9.2. Remedies on Default .................................................................................................. 27
Section 9.3. Revesting Title in Authority Upon Happening of Event Subsequent to
Conveyance to Redeveloper ....................................................................................... 28
Section 9.4. Resale of Reacquired Property; Disposition of Proceeds .......................................... 29
Section 9.5. No Remedy Exclusive ................................................................................................ 29
Section 9.6. No Additional Waiver Implied by One Waiver ........................................................ 30
Section 9.7. Attorney Fees .............................................................................................................. 30
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Representatives Not Individually Liable ................................. 31
Section 10.2. Equal Employment Opportunity ................................................................................ 31
Section 10.3. Restrictions on Use ..................................................................................................... 31
Section 10.4. Provisions Not Merged With Deed ............................................................................ 31
Section 10.5. Titles of Articles and Sections .................................................................................... 31
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Section 10.6. Notices and Demands ................................................................................................. 31
Section 10.7. Counterparts ................................................................................................................ 32
Section 10.8. Recording .................................................................................................................... 32
Section 10.9. Amendment ................................................................................................................ 32
Section 10.10. Authority Approvals ................................................................................................... 32
TESTIMONIUM ................................................................................................................................ 33
SIGNATURES ................................................................................................................................... 33
SCHEDULE A Redevelopment Property
SCHEDULE B Form of Quitclaim Deed
SCHEDULE C Authorizing Resolution
SCHEDULE D Projected Public Redevelopment Costs
SCHEDULE E Certificate of Completion
SCHEDULE F Assessment Agreement
SCHEDULE G Form of Subordination Agreement
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a)
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D-5
PURCHASE AND REDEVELOPMENT CONTRACT
THIS AGREEMENT, made as of the __ day of ______________, 2018, by and between the
St. Louis Park Economic Development Authority (the “Authority”), a public body corporate and
politic under the laws of Minnesota, and SLP Park Ventures LLC (the “Redeveloper”), a Minnesota
limited liability company.
WITNESSETH:
WHEREAS, the Authority was created pursuant to Minnesota Statutes Sections 469.090 to
469.1081 (the “Act”) and was authorized to transact business and exercise its powers by a resolution
of the City Council of the City; and
WHEREAS, the Authority has undertaken a program to promote the development and
redevelopment of land which is underutilized within the City of St. Louis Park, Minnesota (the
“City”), and in this connection created the Redevelopment Project No. 1 (hereinafter referred to as
the “Project”) in an area (hereinafter referred to as the “Project Area”) located in the City pursuant
to Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”); and
WHEREAS, pursuant to the Act and the HRA Act, the Authority is authorized to acquire
real property, or interests therein, and to undertake certain activities to facilitate the
redevelopment of real property by private enterprise; and
WHEREAS, the Authority has acquired certain property described in Schedule A (the
“Authority Parcels”) within the Project, and intends to convey that property to the Redeveloper,
who intends to construct certain improvements described herein on the Authority Parcels as well
as certain other property owned by the Redeveloper (together, the Redevelopment Property”).
WHEREAS, the Authority and City have previously established the Wayzata Boulevard
Tax Increment Financing District (“TIF District”) pursuant to Minnesota Statutes, Sections 469.174
to 469.1794, as amended (the “TIF Act”), made up of property in the Project Area including the
Redevelopment Property; and
WHEREAS, the Authority believes that the redevelopment of the Redevelopment
Property pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital
and best interests of the City and the health, safety, morals, and welfare of its residents, and in
accord with the public purposes and provisions of the applicable State and local laws and
requirements under which the Project has been undertaken and is being assisted.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a)
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D-6
ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears
from the context:
“Act” means Minnesota Statutes Sections 469.090 to 469.1081, as amended.
“Affiliate” means with respect to any entity (a) any corporation, partnership, limited
liability company or other business entity or person controlling, controlled by or under common
control with the entity, and (b) any successor to such party by merger, acquisition, reorganization
or similar transaction involving all or substantially all of the assets of such party (or such
Affiliate). For the purpose hereof the words “controlling”, “controlled by” and “under common
control with” shall mean, with respect to any corporation, partnership, limited liability company
or other business entity, the ownership of fifty percent or more of the voting interests in such
entity or possession, directly or indirectly, of the power to direct or cause the direction of
management policies of such entity, whether through ownership of voting securities or by
contract or otherwise.
“Agreement” means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
“Authority” means the St. Louis Park Economic Development Authority.
“Authority Parcels” means the parcels so described in Schedule A of this Agreement.
“Authority Representative” means the Executive Director of the Authority, or any person
designated by the Executive Director to act as the Authority Representative for the purposes of this
Agreement.
“Authorizing Resolution” means the resolution of the Authority, substantially in the form of
attached Schedule B to be adopted by the Authority to authorize the issuance of the Note.
“Available Tax Increment” has the meaning provided in the Authorizing Resolution.
“Business Day” means any day except a Saturday, Sunday, legal holiday, a day on which
the City is closed for business, or a day on which banking institutions in the City are authorized by
law or executive order to close.
“Business Subsidy Act” means Minnesota Statutes, Sections 116J.993 to 116J.995, as
amended.
“City” means the City of St. Louis Park, Minnesota.
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“Certificate of Completion” means the certification provided to the Redeveloper in
connection with any Phase of the Minimum Improvements, pursuant to Section 4.4 of this
Agreement.
“Construction Plans” means the plans, specifications, drawings and related documents on
the construction work to be performed by the Redeveloper on the Redevelopment Property which
(a) shall be as detailed as the plans, specifications, drawings and related documents which are
submitted to the appropriate building officials of the City, and (b) shall include at least the following
for each building: (1) site plan; (2) foundation plan; (3) underground parking plans; (4) floor plan
for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape
plan; and (8) such other plans or supplements to the foregoing plans as the Authority may
reasonably request to allow it to ascertain the nature and quality of the proposed construction work.
“County” means the County of Hennepin, Minnesota.
“Development Pro Forma” means the financial pro forma for the Minimum Improvements
attached hereto as Schedule E.
“Event of Default” means an action by the Redeveloper listed in Article IX of this
Agreement.
“Holder” means the owner of a Mortgage.
“Hotel Component” means construction on the Redevelopment Property of a six-story,
approximately 61,411 square-foot hotel containing 100 rooms.
“HRA Act” means Minnesota Statutes, Sections 469.001 to 469.047, as amended.
“Maturity Date” means the date that the Note has been paid in full or terminated in
accordance with its terms, whichever is earlier.
“Minimum Improvements” means construction on the Redevelopment Property of the
Multifamily Component and the Hotel Component, along with all associated parking.
“Mortgage” means any mortgage made by the Redeveloper that is secured, in whole or in
part, with the Redevelopment Property and that is a permitted encumbrance pursuant to the
provisions of Article VIII of this Agreement.
“MPCA” means the Minnesota Pollution Control Agency.
“Multifamily Component” means construction on the Redevelopment Property of a six-
story, approximately 205,670 square-foot multifamily apartment building containing 149 housing
units, as further described in Section 4.7 hereof.
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“Note” means the Tax Increment Revenue Note, substantially in the form contained in the
Authorizing Resolution, to be delivered by the Authority to the Redeveloper in accordance with
Section 3.8 hereof.
“Planning Development Contract” means the Planning Development Contract between the
City and the Redeveloper, executed in connection with the development of the Minimum
Improvements on the Redevelopment Property and incorporated herein by reference.
“Project” means the Authority’s Redevelopment Project No. 1.
“Public Redevelopment Costs” has the meaning provided in Section 3.8(a) hereof.
“Project Area” means the geographic area within the boundaries of the Project.
“Redeveloper” means SLP Park Ventures LLC, a Minnesota limited liability company, or
its permitted successors and assigns.
“Redeveloper Parcels” means the parcels so described in Schedule A of this Agreement.
“Redevelopment Plan” means the Redevelopment Plan for the Project.
“Redevelopment Property” means the real property described in Schedule A of this
Agreement, consisting of the Authority Parcels and the Redeveloper Parcels.
“State” means the state of Minnesota.
“Tax Increment” means that portion of the real property taxes that is paid with respect to the
Redevelopment Property and that is remitted to the Authority as tax increment pursuant to the Tax
Increment Act.
“Tax Increment Act” or “TIF Act” means the Tax Increment Financing Act, Minnesota
Statutes Sections 469.174 to 469.1794, as amended.
“Tax Increment District” or “TIF District” means the Wayzata Boulevard Tax Increment
Financing District created by the City and the Authority.
“Tax Increment Plan” or “TIF Plan” means the Tax Increment Financing Plan for the TIF
District approved by the City Council on March 21, 2016, and as it may be amended.
.
“Tax Official” means any County assessor, County auditor, County or State board of
equalization, the commissioner of revenue of the State, or any State or federal district court, the tax
court of the State, or the State Supreme Court.
“Transfer” has the meaning set forth in Section 8.2(a) hereof.
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“Unavoidable Delays” means delays beyond the reasonable control of the party seeking to
be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged
adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation
commenced by third parties which, by injunction or other similar judicial action, directly results in
delays, or acts of any federal, state or local governmental unit (other than the Authority or City in
exercising their rights under this Agreement), including without limitation condemnation or threat
of condemnation of any portion of the Redevelopment Property, which directly result in delays.
Unavoidable Delays shall not include delays experienced by the Redeveloper in obtaining permits
or governmental approvals necessary to enable construction of the Minimum Improvements by the
dates such construction is required under Section 4.3 of this Agreement, so long as the Construction
Plans have been approved in accordance with Section 4.2 hereof.
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ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority. (a) The Authority is an economic
development authority duly organized and existing under the laws of the State. Under the
provisions of the Act and the HRA Act, the Authority has the power to enter into this Agreement
and carry out its obligations hereunder.
(b)The Authority will use its best efforts to facilitate development of the Minimum
Improvements, including but not limited to cooperating with the Redeveloper in obtaining necessary
administrative and land use approvals and construction financing pursuant to Section 7.1 hereof.
(c)The Authority will issue the Note, subject to all the terms and conditions of this
Agreement.
(d)The activities of the Authority are undertaken for the purpose of fostering the
redevelopment of certain real property that previously occupied by substandard and obsolete
buildings, which will revitalize this portion of the Project Area, increase tax base, provide desired
services, and increase housing opportunities.
Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper
represents and warrants that:
(a)The Redeveloper is a limited liability company, duly organized and in good standing
under the laws of the State, is not in violation of any provisions of its articles of organization or
bylaws, is duly qualified as a foreign limited liability company and authorized to transact business
within the State, has power to enter into this Agreement and has duly authorized the execution,
delivery, and performance of this Agreement by proper action of its members.
(b)If the Redeveloper acquires the Redevelopment Property in accordance with this
Agreement, the Redeveloper will construct, operate and maintain the Minimum Improvements in
accordance with the terms of this Agreement, the Redevelopment Plan and all local, state and
federal laws and regulations (including, but not limited to, environmental, zoning, building code,
energy-conservation and public health laws and regulations).
(c)The Redeveloper will use reasonable efforts to secure all permits, licenses and
approvals necessary for construction of the Minimum Improvements.
(d)The Redeveloper has received no written notice or other written communication
from any local, state or federal official that the activities of the Redeveloper or the Authority in the
Project Area may be or will be in violation of any environmental law or regulation (other than those
notices or communications of which the Authority is aware). The Redeveloper is aware of no facts
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the existence of which would cause it to be in violation of or give any person a valid claim under
any local, state or federal environmental law, regulation or review procedure.
(e)Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the
terms, conditions or provisions of any corporate restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
(f)The proposed development by the Redeveloper hereunder would not occur but for
the tax increment financing assistance being provided by the Authority hereunder.
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ARTICLE III
Property Acquisition; Public Redevelopment Costs
Section 3.1. Conveyance of the Property. (a) The Redevelopment Property consists of
the Redeveloper Parcels and the Authority Parcels described in Schedule A. As of the date of
this Agreement, the Redeveloper has acquired the Redeveloper Parcels. The Authority has no
obligation to acquire the Redeveloper Parcels.
(b)The Authority owns the Authority Parcels and will convey title to and possession of the
Authority Parcels to the Redeveloper, subject to all the terms and conditions of this Agreement.
(c)The Redeveloper is in the process of obtaining final City approval of a Planned
Unit Development ordinance (“PUD”) and plat (the “Redevelopment Plat”) for the
Redevelopment Property and will enter into a Planning Development Contract with the City,
which PUD, Redevelopment Plat, and Planning Development Contract, in final form, are
incorporated into this Agreement by reference.
Section 3.2. Purchase Price; Provisions for Payment. The purchase price to be paid to the
Authority by the Redeveloper in exchange for the conveyance of the Authority Parcels shall be
$73,772 (the “Purchase Price”). The Purchase Price shall be paid in full at Closing (as defined in
Section 3.3(b) hereof).
Section 3.3. Conditions of Conveyance. (a) The Authority shall convey title to and
possession of the Authority Parcels to the Redeveloper by quit claim deed substantially in the form
set forth on Schedule B to this Agreement (the “Deed”). The Authority’s obligation to convey the
Authority Parcels to the Redeveloper is subject to satisfaction of the following terms and conditions:
(1)The Authority having approved permanent financing for construction of the
Minimum Improvements in accordance with Article VII hereof, and the Redeveloper having
closed on such permanent financing at or before Closing on transfer of title to the Authority
Parcels to the Redeveloper.
(2)The City having approved the Redevelopment Plat, PUD, and Planning
Development Contract in accordance with Section 3.1, and the City and Redeveloper having
recorded the Redevelopment Plat on or before Closing.
(3)The City h aving approved all necessary zoning variances to the
Redevelopment Property in accordance with Section 3.1.
(4)The Authority having approved Construction Plans for the Minimum
Improvements in accordance with Section 4.2.
(5)The Redeveloper having reviewed and approved (or waived objections to)
title to the Authority Parcels as set forth in Section 3.5.
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(6)The Redeveloper having made such inspections and testing with regard to
the Authority Parcels and Redevelopment Property as a whole as it deems necessary, and
being satisfied with the results of such inspections.
(7)There is no uncured Event of Default under this Agreement.
Conditions (1), (2), (4) and (7) are solely for the benefit of the Authority, and may be waived by the
Authority. Conditions (5) and (6) are solely for the benefit of the Redeveloper, and may be waived
by the Redeveloper. Condition (3) is for the benefit of both parties and may be waived by both
parties. If any condition is not satisfied or waived by the applicable party on or before Closing, then
either party may terminate this Agreement by ten days’ written notice to the other party. Upon such
termination, neither party shall have any further obligations or liability to the other hereunder;
provided, however, that if there are Administrative Costs (as defined in Section 3.10) incurred but
unpaid at the time of such termination, Redeveloper shall reimburse the Authority for such
Administrative Costs.
(b)The closing on conveyance of the Authority Parcels from the Authority to the
Redeveloper (“Closing”) shall occur within thirty (30) days after satisfaction or waiver of the
conditions specified in this Section, but no later than September 28, 2018, or such later date as is
mutually agreed upon by the parties in writing.
Section 3.4. Place of Document Execution, Delivery and Recording. (a) Unless otherwise
mutually agreed by the Authority and the Redeveloper, the execution and delivery of all deeds,
documents and the payment of any purchase price shall be made at the offices of the Authority or
such other location to which the parties may agree.
(b)The Deed shall be in recordable form and shall be promptly recorded in the proper
office for the recordation of deeds and other instruments pertaining to the Authority Parcels. At
closing, the Redeveloper shall pay: all recording costs, including state deed tax, in connection
with the conveyance of the Authority Parcels; title insurance commitment fees and premiums, if
any; and title company closing fees, if any. The Authority shall pay costs of recording any
instruments used to clear title encumbrances; and any special assessments outstanding or levied
against the Authority Parcels as of the Closing Date. The parties agree and understand that the
Authority Parcels are exempt from property taxes for taxes payable in 2018.
Section 3.5. Title. (a) As soon as practicable after the date of this Agreement, the
Redeveloper, at Redeveloper’s sole expense, shall obtain a commitment for the issuance of a policy
of title for the Authority Parcels. The Redeveloper shall have twenty (20) days from the later of the
date of its receipt of such commitment and the date of recording of the Redevelopment Plat to
review the state of title to the Redevelopment Property and to provide the Authority with a list of
written objections to such title. Upon receipt of the Redeveloper’s list of written objections, the
Authority shall proceed in good faith and with all due diligence to attempt to cure the objections
made by the Redeveloper. In the event that the Authority has failed to cure objections within sixty
(60) days after its receipt of the Redeveloper’s list of such objections, the Redeveloper may by the
giving of written notice to the Authority (i) terminate this Agreement, upon the receipt of which this
Agreement shall be null and void and neither party shall have any liability hereunder, other than
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Redeveloper’s obligations under Section 3.10 hereof; or (ii) waive the objections and proceed to
Closing. The Authority shall have no obligation to take any action to clear defects in the title to the
Authority Parcels, other than the good faith efforts described above.
(b)The Authority shall take no actions to encumber title to the Authority Parcels
between the date of this Agreement and the time the Deed is delivered to the Redeveloper.
(c)The Redeveloper shall take no actions to encumber title to the Authority Parcels
between the date of this Agreement and the time the Deed is delivered to the Redeveloper. The
Redeveloper expressly agrees that it will not cause or permit the attachment of any mechanics,
attorneys, or other liens to the Authority Parcels prior to Closing. Notwithstanding termination of
this Agreement prior to Closing, Redeveloper is obligated to pay all costs to discharge any
encumbrances to the Authority Parcels attributable to actions of Redeveloper, its employees,
officers, agents or consultants, including without limitation the Architect, Contractor and
Redeveloper’s Engineer.
Section 3.6. Environmental Conditions. (a) Before closing on conveyance of the
Authority Parcels, the Redeveloper may enter the Authority Parcels and conduct any environmental
or soils studies deemed necessary by the Redeveloper. The Redeveloper agrees that it shall cause
all studies, investigations, and inspections performed on the Authority Parcels to be performed in a
manner that does not disturb the Authority Parcels and that the Authority Parcels shall be returned to
their original condition after Redeveloper’s entry, provided that Redeveloper shall not be liable for
any existing conditions on the Authority Parcels or for any environmental remediation or response
actions required as a result of such investigations and inspections. Except for soil borings and test
pits, the Redeveloper shall not conduct or cause to be conducted any physically intrusive
investigations, examinations or studies of the Authority Parcels without obtaining the prior written
consent of the Authority. If at least 10 days before Closing the Redeveloper determines that
hazardous waste or other pollutants as defined under federal and state law exist on the Authority
Parcels, or that the soils are otherwise unsuitable for construction of the Minimum Improvements,
the Redeveloper may at its option terminate this Agreement by giving written notice to the
Authority, upon receipt of which this Agreement shall be null and void and neither party shall have
any liability hereunder, other than Redeveloper’s obligations under Section 3.10 hereof.
(b)The Redeveloper acknowledges that the Authority makes no representations or
warranties as to the condition of the soils on the Redevelopment Property or the fitness of the
Redevelopment Property for construction of the Minimum Improvements or any other purpose for
which the Redeveloper may make use of such property, and that the assistance provided to the
Redeveloper under this Agreement neither implies any responsibility by the Authority or the City
for any contamination of the Redevelopment Property nor imposes any obligation on such parties to
participate in any cleanup of the Redevelopment Property, except as expressly set forth herein.
(c)Without limiting its obligations under Section 8.3 of this Agreement, Redeveloper
agrees to indemnify, defend, and hold harmless the Authority, the City and their governing body
members, officers and employees (the “Indemnified Parties”), from any claims or actions to the
extent arising out of any claim related to the presence of hazardous substances on the
Redevelopment Property, or any portion thereof, which either (i) arise out of activities of
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Redeveloper on the Redevelopment Property or (ii) arise out of hazardous substances, asbestos,
petroleum substances, or pollutants, irritants or contaminants brought onto the Redevelopment
Property by Redeveloper. In addition, Redeveloper agrees to release the Indemnified Parties
from any and all costs, expenses, losses, liabilities, claims, causes of action, demands, and
damages relating to the environmental conditions on the Redevelopment Property as of the Date
of Closing, including without limitation any claim the Redeveloper may have to recover from all
or any of the Indemnified Parties any costs or expenses incurred by the Redeveloper in
performing any remediation of the Redevelopment Property. Nothing in this section will be
construed to limit or affect any limitations on liability of the City or Authority under State or federal
law, including without limitation Minnesota Statutes Sections 466.04 and 604.02.
Section 3.7. Issuance of Notes. (a) Generally. The Authority has determined that, in order
to make development of the Minimum Improvements financially feasible, it is necessary to
reimburse Redeveloper for a portion of the cost of site preparation related to demolition, soil
excavation, disposal, and correction, pilings and/or foundational support, environmental
remediation, utility relocation, and underground structured parking (the “Public Redevelopment
Costs”), subject to the terms of this Section.
(b)Terms. To reimburse the Public Redevelopment Costs incurred by Redeveloper, the
Authority shall issue and the Redeveloper shall purchase a Note in connection with the Hotel
Component (the “Hotel Note”) in the maximum principal amount of $714,000, and a Note in
connection with the Multifamily Component (the “Multifamily Note”) in the maximum principal
amount of $2,760,000. The Authority shall issue and deliver each Note upon Redeveloper having:
(i)delivered to the Authority one or more certificates signed by the
Redeveloper’s duly authorized representative, containing the following: (i) a statement
that each cost identified in the certificate is a Public Redevelopment Cost as defined in
this Agreement and that no part of such cost has been included in any previous
certification; (ii) evidence that each identified Public Redevelopment Cost has been paid
or incurred by or on behalf of the Redeveloper; and (iii) a statement that no uncured
Event of Default by the Redeveloper has occurred and is continuing under the
Agreement. The Authority may, if not satisfied that the conditions described herein have
been met, return any certificate with a statement of the reasons why it is not acceptable
and requesting such further documentation or clarification as the Authority may
reasonably require;
(ii)submitted and obtained Authority approval of financing in accordance with
Section 7.1; and
(iii)delivered to the Authority an investment letter in a form reasonably
satisfactory to the Authority.
The terms of the Notes will be substantially those set forth in the form of the Note shown in
Schedule C, and the Notes will be subject to all terms of the Authorizing Resolution, which are
incorporated herein by reference.
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(c)Termination of right to Notes. In accordance with Section 469.1763, Subdivision 3
of the TIF Act, conditions for delivery of the Note must be met by June 16, 2021 (five years after
the date of certification of the TIF District by the County). If the conditions are not satisfied by
such date, the Authority has no further obligations under this Section 3.7.
(d)Assignment of Notes. The Authority acknowledges that the Redeveloper may assign
one or both Notes to a third party. The Authority consents to such an assignment, conditioned upon
receipt of an investment letter from such third party in a form reasonably acceptable to the
Authority.
(e)Qualifications. The Redeveloper understands and acknowledges that the
Authority makes no representations or warranties regarding the amount of Tax Increment, or that
revenues pledged to the Notes will be sufficient to pay the principal and interest on the Notes.
Any estimates of Tax Increment prepared by the Authority or its financial advisors in connection
with the TIF District or this Agreement are for the benefit of the Authority, and are not intended
as representations on which the Redeveloper may rely. Public Redevelopment Costs exceeding
the principal amount of the Notes are the sole responsibility of Redeveloper.
Section 3.8. TIF Lookback.
(a)Generally. The financial assistance to the Redeveloper under this Agreement is
based on certain assumptions regarding likely costs and expenses associated with constructing
the Minimum Improvements. The Authority and the Redeveloper agree that those assumptions
will be reviewed at the times described in this Section, and that the amount of Tax Increment
assistance provided under Section 3.7 will be adjusted accordingly.
(b)Definitions. For the purposes of this Section, the following terms have the
following meanings:
“Calculation Date” means 60 days after the earliest of (i) the date of Stabilization of the
Minimum Improvements; (ii) the date of any transfer of the Minimum Improvements (provided
that the Redeveloper and the Authority agree that the Calculation Date will occur prior to the
actual transfer); or (iii) three years after the date of completion of the Minimum Improvements,
as evidenced by the Authority’s issuance of a Certificate of Completion.
“Cash Flow” means Net Operating Income less debt service with respect to the first
mortgage loan.
“Cash on Cash Return” means Cash Flow divided by the sum of Redeveloper’s actual
equity, which excludes any grants or City, Authority, Federal or State funds received by the
Redeveloper, and the principal amount of the Note(s).
“Cash on Cost Return” means Net Operating Income divided by the total Public
Redevelopment Costs, which excludes any grants or City, Authority, Federal or State funds
received by the Redeveloper.
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“Net Operating Income” means total income and other project-derived revenue, including
payments under the Note(s), less Operating Expenses in accordance with the Pro Forma for each
Component of the Minimum Improvements.
“Operating Expenses” means reasonable and customary expenses incurred in operating
each Component of the Minimum Improvements in accordance with its respective Pro Forma,
including deposits to capital replacement reserves.
“Stabilization” is defined as follows: for the Apartment Component, the date on which it
has achieved 93% occupancy; and for the Hotel Component, the date on which it has achieved
one full year of operations at 68% occupancy.
(c)Lookback Calculations.
(i)At the time of completion of construction of each Component, if the amount of
the Public Redevelopment Costs actually incurred is less than the amount of Estimated
Public Redevelopment Costs projected in Exhibit D-1 for either Component, the financial
assistance for the Public Redevelopment Costs will be reduced on a dollar for dollar basis
in the amount of such deficiency and the principal amount of the Note issued for the
relevant Component will be adjusted accordingly.
(ii)On the Calculation Date for the Multifamily Component, the principal amount of
the Multifamily Note issued pursuant to this Agreement will be subject to adjustment
based on a targeted annual Cash-On-Cash Return of 9%. By the Calculation Date, the
Redeveloper must deliver to the Authority’s municipal advisor (the “Consultant”)
evidence of its annual Cash-On-Cash Return. The Cash-On-Cash Return shall be
calculated by the Authority’s Consultant based on the Redeveloper’s pro forma financial
statement submitted to the Authority’s Consultant (to be calculated in a manner
comparable to the sample attached as Exhibit D-2).
If the annual Cash-On-Cash Return exceeds 9%, then the principal amount of the
Multifamily Note issued to the Redeveloper will be reduced by 50% of the amount that
results in a stabilized annual Cash-On-Cash Return equal to 9% over the term of the
Multifamily Note, and the Redeveloper shall deliver the Multifamily Note to the
Authority in exchange for a new Multifamily Note in the adjusted principal amount upon
the Authority’s written request.
(iii)On the Calculation Date for the Hotel Component, the amount of the Hotel Note
provided pursuant to this Agreement will be subject to adjustment based on a targeted
Cash-On-Cost Return of 8%. By the Calculation Date, the Redeveloper must deliver to
the Authority’s Consultant evidence of its Cash-On-Cost Return. The Cash-On-Cost
Return shall be calculated by the Authority’s Consultant based on the Redeveloper’s pro
forma financial statement submitted to the Authority’s Consultant (to be calculated in a
manner comparable to the sample attached as Exhibit D-3).
If the Cash-On-Cost Return exceeds 8%, then the principal amount of the Hotel Note
issued to the Redeveloper will be reduced by 50% of the amount that results in a
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stabilized Cash-On-Cost Return equal to 8% over the term of the Hotel Note, and the
Redeveloper shall deliver the Hotel Note to the Authority in exchange for a new Hotel
Note in the adjusted principal amount upon the Authority’s written request.
(c)Property Sale or Refinance. If the Redeveloper sells the Hotel Component or the
Multifamily Component to an unrelated third party or refinances the Hotel Component or the
Multifamily Component (provided, however, the placement of permanent debt on either
Component will not constitute a refinancing giving rise to the review as described in this
Section) during the first 5 years after issuance of a Certificate of Completion for each
Component of the Minimum Improvements, the Redeveloper agrees to provide to the Consultant
reasonable background documentation of income and expenses related to the relevant
Component for the period from the date of this Agreement through the date of such anticipated
sale or refinance (provided that the Redeveloper and the Authority agree that the Calculation
Date will occur prior to the actual sale or refinancing). If the Consultant determines, based on
such review, that the average actual profit realized by the Redeveloper on the Multifamily
Component has exceeded an annual 9% Cash-On-Cash Return (to be calculated in a manner
comparable to the sample attached as Exhibit D-2), then 50% of the excess amount of such
average profit over the annual 9% Cash-On-Cash Return will be applied to reduce the amount
payable under the Multifamily Note and the principal amount of the Multifamily Note will be
reduced accordingly. If the Consultant determines, based on such review, that the average actual
profit realized by the Redeveloper on the Hotel Component has exceeded a 8% Cash-On-Cost
Return (to be calculated in a manner comparable to the sample attached as Exhibit D-3), then
50% of the excess amount of such average profit over the 8% Cash-On-Cost Return will be
applied to reduce the amount payable under the Hotel Note and the principal amount of the Hotel
Note will be reduced accordingly. Such reduction(s) will be effective upon written notice by the
Authority to Redeveloper, stating the amount of such excess profit as determined by the
Authority in accordance with this Section, accompanied by the Consultant's report.
Section 3.9. Business Subsidy. The Redeveloper warrants and represents that the
Redeveloper’s investment in the purchase of the Redevelopment Property and in site preparation
equals at least 70% of the City assessor’s finalized market value of the Redevelopment Property
for the 2017 assessment year (the most recent year for which finalized values are available),
calculated as follows:
Aggregate cost of acquisition of Redevelopment Property……...…..$3,773,772
Plus Estimated cost of site preparation...................………………….$4,030,550
Less site preparation costs reimbursed by the Authority….. ………..($3,474,000)
Equals net land and site preparation cost...................………………..$4,330,322
Assessor’s finalized market value
of Redevelopment Property (2017)...................……………………...$2,331,000
$4,330,322 (net acquisition and site preparation cost) is 185.77% of $2,331,000
(assessor’s finalized fair market value of the Redevelopment Property for 2017).
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Accordingly, the parties agree and understand that the financial assistance described in this
Agreement does not constitute a business subsidy within the meaning of the Business Subsidy
Act. The Redeveloper releases and waives any claim against the Authority and its governing
body members, officers, agents, servants and employees thereof arising from application of the
Business Subsidy Act to this Agreement, including without limitation any claim that the
Authority failed to comply with the Business Subsidy Act with respect to this Agreement.
Section 3.10. Payment of Authority Costs. The Redeveloper agrees that it will pay, within
30 days aft er written notice from the Authority, the reasonable costs of consultants and attorneys
retained by the Authority in connection with the establishment of the TIF District, any necessary
modification of the TIF Plan for the TIF District, and the negotiation and preparation of this
Agreement and other incidental agreements and documents contemplated hereunder, including
without limitation agreements and documents related to land conveyance, development and
financing assistance. The Authority will provide written reports describing the costs accrued under
this Section upon request from the Redeveloper, but not more often than intervals of 45 days. Any
amount deposited by the Redeveloper upon filing its application for tax increment financing with
the Authority will be credited to the Redeveloper’s obligation under this Section. Upon termination
of this Agreement in accordance with its terms, the Redeveloper remains obligated under this
section for costs incurred through the effective date of termination.
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ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Improvements. The Redeveloper agrees that it will construct
or cause construction of the Minimum Improvements on the Redevelopment Property in accordance
with the approved Construction Plans and that it will, during any period while the Redeveloper
retains ownership of any portion of the Minimum Improvements, operate and maintain, preserve
and keep the Minimum Improvements or cause the Minimum Improvements to be maintained,
preserved and kept with the appurtenances and every part and parcel thereof, in good repair and
condition.
Section 4.2. Construction Plans. (a) Before commencing construction of the Minimum
Improvements, the Redeveloper shall submit to the Authority Construction Plans for the Minimum
Improvements. The Construction Plans shall provide for the construction of the Minimum
Improvements and shall be in conformity with this Agreement, the Redevelopment Plan and all
applicable State and local laws and regulations. The Authority will approve the Construction Plans
in writing if (i) the Construction Plans conform to all terms and conditions of this Agreement; (ii)
the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the
Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and
regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum
Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds
available to the Redeveloper for construction of the Minimum Improvements; and (vi) no Event of
Default has occurred. No approval by the Authority shall relieve the Redeveloper of the obligation
to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances,
rules and regulations, or to construct the Minimum Improvements in accordance therewith. No
approval by the Authority shall constitute a waiver of an Event of Default. If approval of the
Construction Plans is requested by the Redeveloper in writing at the time of submission, such
Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole
or in part. Such rejections shall set forth in detail the reasons therefor based upon the criteria set
forth in (i) through (vi) above, and shall be made within 20 days after the date of receipt of final
plans from the Redeveloper. If the Authority rejects any Construction Plans in whole or in part, the
Redeveloper shall submit new or corrected Construction Plans within twenty (20) days after written
notification to the Redeveloper of the rejection. The provisions of this Section relating to approval,
rejection and resubmission of corrected Construction Plans shall continue to apply until the
Construction Plans have been approved by the Authority. The Authority’s approval shall not be
unreasonably withheld. Said approval shall constitute a conclusive determination that the
Construction Plans (and the Minimum Improvements, constructed in accordance with said plans)
comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto.
The Redeveloper hereby waives any and all claims and causes of action whatsoever
resulting from the review of the Construction Plans by the Authority and/or any changes in the
Construction Plans requested by the Authority. Neither the Authority, the City, nor any employee
or official of the Authority or City shall be responsible in any manner whatsoever for any defect in
the Construction Plans or in any work done pursuant to the Construction Plans, including changes
requested by the Authority.
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(b)If the Redeveloper desires to make any material change in the Construction Plans or
any component thereof after their approval by the Authority, the Redeveloper shall submit the
proposed change to the Authority for its approval. For the purpose of this section, the term
“material” means changes that decrease construction costs by $750,000 or more. If the
Construction Plans, as modified by the proposed change, conform to the requirements of this
Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the
Authority shall approve the proposed change and notify the Redeveloper in writing of its approval.
Such change in the Construction Plans shall, in any event, be deemed approved by the Authority
unless rejected, in whole or in part, by written notice by the Authority to the Redeveloper, setting
forth in detail the reasons therefor. Such rejection shall be made within 10 days after receipt of the
notice of such change. The Authority’s approval of any such change in the Construction Plans will
not be unreasonably withheld.
Section 4.3. Commencement and Completion of Construction. (a) Subject to Unavoidable
Delays, the Redeveloper shall commence construction of the Hotel Component and Multifamily
Component of the Minimum Improvements by October 1, 2018. Subject to Unavoidable Delays,
the Redeveloper shall complete the construction of the Hotel Component and Multifamily
Component of the Minimum Improvements by February 28, 2020. All work with respect to the
Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment
Property shall be in conformity with the Construction Plans as submitted by the Redeveloper and
approved by the Authority.
(b)The Redeveloper agrees for itself, its successors, and assigns, and every successor in
interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such
successors and assigns, shall promptly begin and diligently prosecute to completion the
development of the Redevelopment Property through the construction of the Minimum
Improvements thereon, and that such construction shall in any event be commenced and completed
within the periods specified in this Section 4.3 of this Agreement. After the date of this Agreement
and until the Multifamily Component of the Minimum Improvements has been fully leased, the
Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by
the Authority, but no more than monthly, as to the actual progress of the Redeveloper with respect
to such construction and leasing.
(c)If the Redeveloper anticipates that construction of either Component of the
Minimum Improvements will not take place by the dates provided in this Section, the Redeveloper
shall provide a written and oral report to the City Council of the City at a regular City Council
meeting at least 45 days prior to the applicable required date of commencement or completion. The
report must describe the reasons for the expected failure to meet the construction timeline, evidence
of Redeveloper’s due diligence in working toward construction of the applicable Component, and a
detailed revised schedule of construction of such Component. Approval by the Authority of a
modified schedule for construction of the applicable Component of the Minimum Improvements
shall not be unreasonably withheld, conditioned, or delayed. Failure by the Redeveloper to provide
the written and oral report described in this Section is an Event of Default pursuant to Article IX
hereof.
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(d)The Redeveloper shall comply with the City’s Green Building Policy, adopted by
the City Council on February 16, 2010 and amended on September 16, 2014, and as such policy
may be amended as of the date of issuance of a building permit for the Minimum Improvements,
and shall use commercially reasonable efforts to obtain “green” certification for each component of
the Minimum Improvements. As a condition to issuance of a Certificate of Completion for each
component of the Minimum Improvements, Redeveloper shall submit to the Authority either (a)
evidence of certification from Leadership in Energy and Environmental Design (“LEED”) or
similar certification or (b) in absence of actual certification, evidence of compliance with the Green
Building Policy including a detail of the specific energy-efficient/sustainable features or
components implemented in the construction of each Component of the Minimum Improvements.
Section 4.4. Certificate of Completion. (a) Promptly after completion of each Component
of the Minimum Improvements in accordance with those provisions of the Agreement relating
solely to the obligations of the Redeveloper to construct such Component of the Minimum
Improvements (including the dates for beginning and completion thereof and the efforts regarding
LEED or comparable certification described in Section 4.3), the Authority Representative shall
deliver to the Redeveloper a Certificate of Completion in substantially the form shown as Schedule
E, in recordable form and executed by the Authority.
(b)If the Authority Representative shall refuse or fail to provide any certification in
accordance with the provisions of this Section 4.4 of this Agreement, the Authority Representative
shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with
a written statement, indicating in adequate detail in what respects the Redeveloper has failed to
complete the relevant Component of the Minimum Improvements in accordance with the provisions
of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the
opinion of the Authority, for the Redeveloper to take or perform in order for the Authority to issue
the Certificate of Completion.
(c)The construction of each Component of the Minimum Improvements shall be
deemed to be substantially complete upon issuance of a certificate of occupancy for that Component
of the Minimum Improvements, and upon determination by the Authority Representative that all
related site improvements on the Redevelopment Property have been substantially completed in
accordance with approved Construction Plans, subject to landscaping that cannot be completed until
seasonal conditions permit.
Section 4.5. Records. The Authority and the City through any authorized representatives,
shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all
books and records of Redeveloper relating to the Minimum Improvements. Such records shall be
kept and maintained by Redeveloper through the Maturity Date.
Section 4.6. Management. The Redeveloper shall at all times engage a property
management company with substantial experience in operating mixed use developments, subject to
approval by the Authority, which approval will not be unreasonably withheld. The Redeveloper
will submit evidence of such management upon request by the Authority.
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Section 4.7. Inclusionary Housing Policy. The Redeveloper agrees to comply with the
City’s Inclusionary Housing Policy, as adopted June 1, 2015 and amended May 15, 2017, including
without limitation the following:
(a)Redeveloper agrees to reserve at least 15 of the apartment units in the Multifamily
Component of the Minimum Improvements (the “Affordable Dwelling Units”) for households
earning fifty percent (50%) of Area Median Income (“AMI”) for at least 25 years following
building occupancy.
(b)The monthly rental price for Affordable Dwelling Units shall include rent and
utility costs and shall be based on fifty percent (50%) of AMI for the metropolitan area that
includes St. Louis Park adjusted for bedroom size and calculated annually by Minnesota Housing
in connection with establishing rent limits for the Housing Tax Credit Program.
(c)The size and design of the Affordable Dwelling Units shall be consistent and
comparable with the market rate units in the Multifamily Component of the Minimum
Improvements and is subject to the approval of the City. The Affordable Dwelling Units shall be
distributed throughout the Minimum Improvements.
(d)The Affordable Dwelling Units shall have a number of bedrooms in the
approximate proportion as the market rate units.
(e)Redeveloper agrees to prepare an affordable housing plan as defined in the City’s
Inclusionary Housing Policy (the “Affordable Housing Plan”). The Affordable Housing Plan shall
describe how the Redeveloper complies with each of the applicable requirements of the
Inclusionary Housing Policy. The Affordable Housing Plan shall be prepared by the Redeveloper
and must be approved by the City prior to or in conjunction with delivery of the Certificate of
Completion for the Multifamily Component of the Minimum Improvements.
Section 4.8. Conformity to Planning Development Contract. The Redeveloper shall
construct the Minimum Improvements pursuant to this Agreement and to the Planning Development
Contract. Pursuant to the Planning Development Contract, required improvements shall include
without limitation the following:
(a)Redeveloper shall install dedicated wired connections for the Minimum
Improvements in conformity with the terms and specifications provided in the Planning
Development Contract.
(b)The Redeveloper shall install a video surveillance system to provide complete
coverage of all parking facilities constructed as part of the Minimum Improvements, including
entrances to stairs and elevators, in conformity with the terms and specifications provided in the
Planning Development Contract.
(c)The Redeveloper shall equip both Components of the Minimum Improvements with
an approved bi-directional 800 MHz signal enhancement system in conformity with the terms and
specifications provided in the Planning Development Contract.
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(d)The Redeveloper shall install electric vehicle charging station infrastructure in both
Components of the Minimum Improvements in conformity with the terms and specifications
provided in the Planning Development Contract.
(e)The Redeveloper shall construct the roofs of both Components of the Minimum
Improvements in such a manner as to allow for solar readiness in conformity with the terms and
specifications provided in the Planning Development Contract.
(f)The Redeveloper shall construct designed outdoor recreation areas and other public
amenities including privately owned artwork on the Redevelopment Property as required under the
Planning Development Contract and as depicted in the approved Site Plan. The parties agree and
understand that the Redeveloper shall be responsible for the cost of any maintenance and repair
of the amenities and artwork.
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ARTICLE V
Insurance
Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during
the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance
Policy and, from time to time during that period, at the request of the Authority, furnish the
Authority with proof of payment of premiums on policies covering the following:
(i)Builder’s risk insurance, written on the so-called “Builder’s Risk –
Completed Value Basis,” in an amount equal to 100% of the principal amount of the Note,
and with coverage available in nonreporting form on the so-called “all risk” form of policy.
The interest of the Authority shall be protected in accordance with a clause in form and
content satisfactory to the Authority;
(ii)Comprehensive general liability insurance (including operations, contingent
liability, operations of subcontractors, completed operations, and contractual liability
insurance) together with an Owner’s Protective Liability Policy with limits against bodily
injury and property damage of not less than $1,000,000 for each occurrence (to accomplish
the above-required limits, an umbrella excess liability policy may be used). The Authority
shall be listed as an additional insured on the policy; and
(iii)Workers’ compensation insurance, with statutory coverage, provided that the
Redeveloper may be self-insured with respect to all or any part of its liability for workers’
compensation.
(b)Upon completion of construction of the Minimum Improvements and prior to the
Maturity Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense,
and from time to time at the request of the Authority shall furnish proof of the payment of premiums
on, insurance as follows:
(i)Insurance against loss and/or damage to the Minimum Improvements under
a policy or policies covering such risks as are ordinarily insured against by similar
businesses.
(ii)Comprehensive general public liability insurance, including personal injury
liability (with employee exclusion deleted), against liability for injuries to persons and/or
property, in the minimum amount for each occurrence and for each year of $1,000,000, and
shall be endorsed to show the City and Authority as additional insureds.
(iii)Such other insurance, including workers’ compensation insurance respecting
all employees of the Redeveloper, in such amount as is customarily carried by like
organizations engaged in like activities of comparable size and liability exposure; provided
that the Redeveloper may be self-insured with respect to all or any part of its liability for
workers’ compensation.
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(c)All insurance required in Article V of this Agreement shall be taken out and
maintained in responsible insurance companies selected by the Redeveloper that are authorized
under the laws of the State to assume the risks covered thereby. Upon request, the Redeveloper will
deposit annually with the Authority policies evidencing all such insurance, or a certificate or
certificates or binders of the respective insurers stating that such insurance is in force and effect.
Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision
that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided
below the amounts required herein without giving written notice to the Redeveloper and the
Authority at least 30 days before the cancellation or modification becomes effective. In lieu of
separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a
combination thereof, having the coverage required herein, in which event the Redeveloper shall
deposit with the Authority a certificate or certificates of the respective insurers as to the amount of
coverage in force upon the Minimum Improvements.
(d)The Redeveloper agrees to notify the Authority immediately in the case of damage
exceeding $750,000 in amount to, or destruction of, the Minimum Improvements or any portion
thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair,
reconstruct, and restore the Minimum Improvements to substantially the same or an improved
condition or value as it existed prior to the event causing such damage and, to the extent necessary
to accomplish such repair, reconstruction, and restoration, the Redeveloper will apply the net
proceeds of any insurance relating to such damage received by the Redeveloper to the payment or
reimbursement of the costs thereof.
The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum
Improvements, regardless of whether the net proceeds of insurance received by the Redeveloper for
such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of
such repairs, construction, and restoration shall be the property of the Redeveloper.
(e)In lieu of its obligation to reconstruct any Component of the Minimum
Improvements as set forth in this Section, the Redeveloper shall have the option of: (i) if
Redeveloper has assigned the Note corresponding to such Component to a third party, paying to the
Authority an amount that, in the opinion of the Authority and its fiscal consultant, is sufficient to
pay or redeem the outstanding principal and accrued interest on the Note, or (ii) so long as the
Redeveloper is the owner of the Note, waiving its right to receive subsequent payments under the
Note.
(f)The Redeveloper and the Authority agree that all of the insurance provisions set
forth in this Article V shall terminate upon the termination of this Agreement.
Section 5.2. Subordination. Notwithstanding anything to the contrary herein, the rights of
the Authority with respect to the receipt and application of any insurance proceeds shall, in all
respects, be subordinate and subject to the rights of any Holder under a Mortgage allowed pursuant
to Article VII of this Agreement.
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ARTICLE VI
Tax Increment; Taxes
Section 6.1. Right to Collect Delinquent Taxes. The Redeveloper acknowledges that the
Authority is providing substantial aid and assistance in furtherance of the development through
reimbursement of Public Redevelopment Costs. The Redeveloper understands that the Tax
Increments pledged to payment on the Notes are derived from real estate taxes on the
Redevelopment Property, which taxes must be promptly and timely paid. To that end, the
Redeveloper agrees for itself, its successors and assigns, that in addition to the obligation pursuant
to statute to pay real estate taxes, it is also obligated by reason of this Agreement to pay before
delinquency all real estate taxes assessed against the Redevelopment Property and the Minimum
Improvements. The Redeveloper acknowledges that this obligation creates a contractual right on
behalf of the Authority to sue the Redeveloper or its successors and assigns to collect delinquent
real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the
county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses
and reasonable attorney fees.
Section 6.2. Review of Taxes. The Redeveloper agrees that prior to the Maturity Date, it
will not cause a reduction in the real property taxes paid in respect of the Redevelopment Property
through: (A) willful destruction of the Redevelopment Property or any part thereof; or (B) willful
refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of this Agreement,
except as provided in Section 5.1(c). The Redeveloper also agrees that it will not, prior to the
Maturity Date, seek exemption from property tax for the Redevelopment Property or any portion
thereof or transfer or permit the transfer of the Redevelopment Property to any entity that is exempt
from real property taxes and state law (other than any portion thereof dedicated or conveyed to the
City in accordance with platting of the Redevelopment Property), or apply for a deferral of property
tax on the Redevelopment Property pursuant to any law.
Section 6.3. Assessment Agreement. (a) Upon execution of this Agreement, the
Redeveloper shall, with the Authority, execute an Assessment Agreement pursuant to Minnesota
Statutes, Section 469.177, subd. 8, specifying an assessor’s minimum Market Value for the
Redevelopment Property and both Components of the Minimum Improvements constructed
thereon. The amount of the minimum Market Value for the Hotel Component shall be $8,500,000
as of January 2, 2020 and each January 2 thereafter, notwithstanding the status of construction by
such dates. The amount of the minimum Market Value for the Multifamily Component shall be
$14,900,000 as of January 2, 2019, and $29,800,000 as of January 2, 2020 and each January 2
thereafter, notwithstanding the status of construction by such dates.
(b)The Assessment Agreement for each Component of the Minimum Improvements
shall be substantially in the form attached hereto as Schedule F. Nothing in the Assessment
Agreements shall limit the discretion of the assessor to assign a market value to the property in
excess of such assessor’s minimum Market Value. The Assessment Agreements shall remain in
force for the period specified in the Assessment Agreements.
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(c)Nothing in this Agreement or in the Assessment Agreements shall limit the right of
the Redeveloper, or its successors and assigns, to bring a tax petition challenging a Market Value
determination that exceeds the established minimum Market Value for either Component of the
Minimum Improvements on the Redevelopment Property; provided that if the Redeveloper brings
such a challenge, the Redeveloper must inform the Authority of such tax petition in writing. During
the pendency of such challenge, the Authority will pay principal and interest on the Note
corresponding to the challenged Market Value only to the extent of the Available Tax Increment
attributable to the minimum Market Value of such Component; provided that if the Redeveloper
fails to notify the Authority of the tax petition, the Authority shall have the right to withhold all
payments of principal and interest on the applicable Note until the Redeveloper’s challenge is
resolved. Upon resolution of Redeveloper’s tax petition, any Available Tax Increment deferred
and withheld under this Section shall be paid, without interest thereon, to the extent payable
under the assessor’s final determination of Market Value for the applicable Component of the
Minimum Improvements.
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ARTICLE VII
Other Financing
Section 7.1. Generally. Before issuance of the Notes, the Redeveloper shall submit to the
Authority or provide access thereto for review by Authority staff, consultants and agents, evidence
reasonably satisfactory to the Authority that Redeveloper has available funds, or commitments to
obtain funds, whether in the nature of mortgage financing, equity, grants, loans, or other sources
sufficient for paying the cost of the developing the Minimum Improvements, provided that any
lender or grantor commitments shall be subject only to such conditions as are normal and customary
in the commercial lending industry.
Section 7.2. Authority's Option to Cure Default on Mortgage. In the event that any portion
of the Redeveloper's funds is provided through mortgage financing, and there occurs a default under
any Mortgage authorized pursuant to Article VII of this Agreement, the Redeveloper shall cause the
Authority to receive copies of any notice of default received by the Redeveloper from the holder of
such Mortgage. Thereafter, the Authority shall have the right, but not the obligation, to cure any
such default on behalf of the Redeveloper within such cure periods as are available to the
Redeveloper under the Mortgage documents.
Section 7.3. Modification; Subordination. The Authority agrees to subordinate its rights
under this Agreement to the Holder of any Mortgage securing construction or permanent financing,
in accordance with the terms of a subordination agreement substantially in the form attached as
Schedule G, or such other form as the Authority approves.
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ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development. The Redeveloper represents and agrees
that its purchase of the Redevelopment Property, and its other undertakings pursuant to the
Agreement, are, and will be used, for the purpose of development of the Redevelopment Property
and not for speculation in land holding.
Section 8.2. Prohibition Against Redeveloper’s Transfer of Property and Assignment of
Agreement. The Redeveloper represents and agrees that prior to issuance of a Certificate of
Completion for both Components of the Minimum Improvements:
(a)Except only by way of security for, and only for, the purpose of obtaining financing
necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or
any part thereof, to perform its obligations with respect to undertaking the redevelopment
contemplated under this Agreement, and any other purpose authorized by this Agreement, the
Redeveloper has not made or created and will not make or create or suffer to be made or created any
total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other
mode or form of or with respect to this Agreement or the Redevelopment Property or any part
thereof or any interest therein, or any contract or agreement to do any of the same, to any person or
entity whether or not related in any way to the Redeveloper (collectively, a “Transfer”), without the
prior written approval of the Authority (whose approval will not be unreasonably withheld, subject
to the standards described in paragraph (b) of this Section) unless the Redeveloper remains liable
and bound by this Redevelopment Agreement in which event the Authority’s approval is not
required. Any such Transfer shall be subject to the provisions of this Agreement. For the purposes
of this Agreement, the term Transfer does not include (i) acquisition of a controlling interest in
Redeveloper by another entity or merger of Redeveloper with another entity; or (ii) any sale,
conveyance, or transfer in any form to any Affiliate.
(b)In the event the Redeveloper, upon Transfer of the Redevelopment Property or any
portion thereof either before or after issuance of the Certificate of Completion, seeks to be released
from its obligations under this Redevelopment Agreement as to the portion of the Redevelopment
Property that is transferred, the Authority shall be entitled to require, except as otherwise provided
in the Agreement, as conditions to any such release that:
(i)Any proposed transferee shall have the qualifications and financial
responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill
the obligations undertaken in this Agreement by the Redeveloper as to the portion of the
Redevelopment Property to be transferred.
(ii)Any proposed transferee, by instrument in writing satisfactory to the
Authority and in form recordable in the public land records of Hennepin County, Minnesota,
shall, for itself and its successors and assigns, and expressly for the benefit of the Authority,
have expressly assumed all of the obligations of the Redeveloper under this Agreement as to
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the portion of the Redevelopment Property to be transferred and agreed to be subject to all
the conditions and restrictions to which the Redeveloper is subject as to such portion;
provided, however, that the fact that any transferee of, or any other successor in interest
whatsoever to, the Redevelopment Property, or any part thereof, shall not, for whatever
reason, have assumed such obligations or so agreed, and shall not (unless and only to the
extent otherwise specifically provided in this Agreement or agreed to in writing by the
Authority) deprive the Authority of any rights or remedies or controls with respect to the
Redevelopment Property, the Minimum Improvements or any part thereof or the
construction of the Minimum Improvements; it being the intent of the parties as expressed in
this Agreement that (to the fullest extent permitted at law and in equity and excepting only
in the manner and to the extent specifically provided otherwise in this Agreement) no
transfer of, or change with respect to, ownership in the Redevelopment Property or any part
thereof, or any interest therein, however consummated or occurring, and whether voluntary
or involuntary, shall operate, legally, or practically, to deprive or limit the Authority of or
with respect to any rights or remedies on controls provided in or resulting from this
Agreement with respect to the Redevelopment Property that the Authority would have had,
had there been no such transfer or change. In the absence of specific written agreement by
the Authority to the contrary, no such transfer or approval by the Authority thereof shall be
deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement
or otherwise with respect to the Redevelopment Property, from any of its obligations with
respect thereto.
(iii)Any and all instruments and other legal documents involved in effecting the
transfer of any interest in this Agreement or the Redevelopment Property governed by this
Article VIII, shall be in a form reasonably satisfactory to the Authority.
(iv)At the written request of Redeveloper, the Authority shall execute and
deliver to Redeveloper and the proposed transferee an estoppel certificate containing
commercially customary and reasonable certifications.
In the event the foregoing conditions are satisfied then the Redeveloper shall be released from its
obligation under this Agreement, as to the portion of the Redevelopment Property that is transferred,
assigned, or otherwise conveyed.
Section 8.3. Release and Indemnification Covenants. (a) Except for any willful
misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties
as hereinafter defined, and except for any breach by any of the Indemnified Parties of their
obligations under this Agreement, the Redeveloper releases from and covenants and agrees that the
Authority, the City, and the governing body members, officers, agents, servants, and employees
thereof (the “Indemnified Parties”) shall not be liable for and agrees to indemnify and hold harmless
the Indemnified Parties against any loss or damage to property or any injury to or death of any
person occurring at or about or resulting from any defect in the Redevelopment Property or the
Minimum Improvements.
(b)Except for any willful misrepresentation or any willful or wanton misconduct or
negligence of the Indemnified Parties, and except for any breach by any of the Indemnified Parties
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of their obligations under this Agreement, the Redeveloper agrees to protect and defend the
Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any
claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever
arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the
acquisition, construction, installation, ownership, maintenance, and operation of the Redevelopment
Property.
(c)Except for any willful misrepresentation or any willful or wanton misconduct or
negligence of the Indemnified Parties as hereinafter defined, and except for any breach by any of
the Indemnified Parties of their obligations under this Agreement, the Indemnified Parties shall
not be liable for any damage or injury to the persons or property of the Redeveloper or its officers,
agents, servants, or employees or any other person who may be about the Redevelopment Property
or Minimum Improvements.
(d)All covenants, stipulations, promises, agreements and obligations of the Authority
contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and
obligations of such entity and not of any governing body member, officer, agent, servant, or
employee of such entities in the individual capacity thereof.
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ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined. The following shall be “Events of Default” under
this Agreement and the term “Event of Default” shall mean, whenever it is used in this Agreement,
any one or more of the following events, after the non-defaulting party provides thirty (30) days
written notice to the defaulting party of the event, but only if the event has not been cured within
said thirty (30) days or, if the event is by its nature incurable within thirty (30) days, the defaulting
party does not, within such thirty- (30-) day period, provide assurances reasonably satisfactory to
the party providing notice of default that the event will be cured and will be cured as soon as
reasonably possible:
(a)Failure by the Redeveloper or Authority to observe or perform any covenant,
condition, obligation, or agreement on its part to be observed or performed under this Agreement.
(b)If, before issuance of the certificate of completion for all Components of the
Minimum Improvements, the Redeveloper shall
(i)file any petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the United States
Bankruptcy Act or under any similar federal or State law, which action is not dismissed
within sixty (60) days after filing; or
(ii)make an assignment for benefit of its creditors; or
(iii)admit in writing its inability to pay its debts generally as they become due; or
(iv)be adjudicated a bankrupt or insolvent.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section
9.1 of this Agreement occurs, the non-defaulting party may:
(a)Suspend its performance under this Agreement until it receives assurances that the
defaulting party will cure its default and continue its performance under the Agreement.
(b)Upon a default by the Redeveloper under this Agreement, the Authority may
terminate the Note and this Agreement.
(c)Take whatever action, including legal, equitable, or administrative action, which
may appear necessary or desirable to collect any payments due under this Agreement, or to enforce
performance and observance of any obligation, agreement, or covenant under this Agreement,
provided that nothing contained herein shall give the Authority the right to seek specific
performance by Redeveloper of the construction of the Minimum Improvements.
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Section 9.3. Revesting Title in Authority Upon Happening of Event Subsequent to
Conveyance to Redeveloper. In the event that subsequent to conveyance of the Authority Parcels to
Redeveloper and prior to completion of construction of the Minimum Improvements (evidenced by
a Certificate of Completion described in Section 4.4):
(a)Redeveloper, subject to Unavoidable Delays, shall fail to begin construction of the
Minimum Improvements in conformity with this Agreement and such failure to begin construction
is not cured within 90 days after written notice from the Authority to Redeveloper to do so; or
(b)Redeveloper fails to pay real estate taxes or assessments on the parcel or any part
thereof when due, or creates, suffers, assumes, or agrees to any encumbrance or lien on the parcel
(except to the extent permitted by this Agreement), or shall suffer any levy or attachment to be
made, or any materialmen’s or mechanics’ lien, or any other unauthorized encumbrance or lien to
attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed
or discharged or provision satisfactory to the Authority made for such payment, removal, or
discharge, within thirty (30) days after written demand by the Authority to do so; provided, that if
Redeveloper first notifies the Authority of its intention to do so, it may in good faith contest any
mechanics’ or other lien filed or established and in such event the Authority shall permit such
mechanics’ or other lien to remain undischarged and unsatisfied during the period of such contest
and any appeal and during the course of such contest Redeveloper shall keep the Authority
informed respecting the status of such defense; or
(c)there is, in violation of the Agreement, any Transfer of the parcel in violation of the
terms of Section 8.2, and such violation is not cured within sixty (60) days after written demand by
the Authority to Redeveloper, or if the event is by its nature incurable within 30 days, Redeveloper
does not, within such 30-day period, provide assurances reasonably satisfactory to the Authority that
the event will be cured as soon as reasonably possible; or
(d)Redeveloper fails to comply with any of its other covenants under this Agreement
related to the Minimum Improvements and fails to cure any such noncompliance or breach within
thirty (30) days after written demand from the Authority to Redeveloper to do so, or if the event is
by its nature incurable within 30 days, Redeveloper does not, within such 30-day period, provide
assurances reasonably satisfactory to the Authority that the event will be cured as soon as
reasonably possible; or
(e)the Holder of any Mortgage secured by the subject property exercises any remedy
provided by the Mortgage documents or exercises any remedy provided by law or equity in the
event of a default in any of the terms or conditions of the Mortgage, in either case which would
materially adversely affect the rights and obligations of the Authority hereunder;
Then the Authority shall have the right to re-enter and take possession of the Authority
Parcel to which the default relates and to terminate (and revest in the Authority) the estate conveyed
by the deed to Redeveloper as to that parcel, subject to all intervening matters, it being the intent of
this provision, together with other provisions of the Agreement, that the conveyance of the parcel to
Redeveloper shall be made upon, and that the deed shall contain a condition subsequent to the effect
that in the event of any default on the part of Redeveloper and failure on the part of Redeveloper to
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remedy, end, or abrogate such default within the period and in the manner stated in such
subdivisions, the Authority at its option may declare a termination in favor of the Authority of the
title, and of all the rights and interests in and to the parcel conveyed to Redeveloper, and that such
title and all rights and interests of Redeveloper, and any assigns or successors in interest to and in
the parcel, shall revert to the Authority, but only if the events stated in Section 9.3(a)-(e) have not
been cured within the time periods provided above.
Section 9.4. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in
the Authority of title to and/or possession of the parcel or any part thereof as provided in Section
9.3, the Authority shall, pursuant to its responsibilities under law, use its best efforts to sell the
parcel or part thereof as soon and in such manner as the Authority shall find feasible and consistent
with the objectives of such law and of the Redevelopment Plan and TIF Plan to a qualified and
responsible party or parties (as determined by the Authority) who will assume the obligation of
making or completing the Minimum Improvements as shall be satisfactory to the Authority in
accordance with the uses specified for such parcel or part thereof in the Redevelopment Plan and
TIF Plan. During any time while the Authority has title to and/or possession of a parcel obtained by
reverter, the Authority will not disturb the rights of any tenants under any leases encumbering such
parcel. Upon resale of the parcel, the proceeds thereof shall be applied:
(a)First, to reimburse the Authority for all costs and expenses incurred by them,
including but not limited to salaries of personnel, in connection with the recapture, management,
and resale of the parcel (but less any income derived by the Authority from the property or part
thereof in connection with such management); all taxes, assessments, and water and sewer charges
with respect to the parcel or part thereof (or, in the event the parcel is exempt from taxation or
assessment or such charge during the period of ownership thereof by the Authority, an amount, if
paid, equal to such taxes, assessments, or charges (as determined by the Authority assessing official)
as would have been payable if the parcel were not so exempt); any payments made or necessary to
be made to discharge any encumbrances or liens existing on the parcel or part thereof at the time of
revesting of title thereto in the Authority or to discharge or prevent from attaching or being made
any subsequent encumbrances or liens due to obligations, defaults or acts of Redeveloper, its
successors or transferees; any expenditures made or obligations incurred with respect to the making
or completion of the subject improvements or any part thereof on the parcel or part thereof; and any
amounts otherwise owing the Authority by Redeveloper and its successor or transferee; and
(b)Second, to reimburse Redeveloper, its successor or transferee, up to the amount
equal to (1) the purchase price paid by Redeveloper under Section 3.2 with respect to the parcel
revested; plus (2) the amount actually invested by it in making any of the subject improvements
on the parcel or part thereof.
Any balance remaining after such reimbursements shall be retained by the Authority as its property.
Section 9.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to any
party is intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or shall
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be construed to be a waiver thereof, but any such right and power may be exercised from time to
time and as often as may be deemed expedient. To entitle the Authority to exercise any remedy
reserved to it, it shall not be necessary to give notice, other than such notice as may be required in
this Article IX.
Section 9.6. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the other
party, such waiver shall be limited to the particular breach so waived and shall not be deemed to
waive any other concurrent, previous or subsequent breach hereunder.
Section 9.7. Attorney Fees. Whenever any Event of Default occurs and if the non-
defaulting party employs attorneys or incurs other expenses for the collection of payments due or to
become due or for the enforcement of performance or observance of any obligation or agreement on
the part of the defaulting party under this Agreement, the defaulting party shall, within ten (10) days
of written demand by the non-defaulting party, pay to the non-defaulting party the reasonable fees
of such attorneys and such other expenses so incurred by the non-defaulting party.
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ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Representatives Not Individually Liable. The Authority
and the Redeveloper, to the best of their respective knowledge, represent and agree that no member,
official, or employee of the Authority shall have any personal interest, direct or indirect, in the
Agreement, nor shall any such member, official, or employee participate in any decision relating to
the Agreement that affects his personal interests or the interests of any corporation, partnership, or
association in which he, directly or indirectly, is interested. No member, official, or employee of the
City or Authority shall be personally liable to the Redeveloper, or any successor in interest, in the
event of any default or breach by the Authority or for any amount that may become due to the
Redeveloper or successor or on any obligations under the terms of the Agreement.
Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its
successors and assigns, agrees that during the construction of the Minimum Improvements provided
for in the Agreement it will comply with all applicable federal, state, and local equal employment
and non-discrimination laws and regulations.
Section 10.3. Restrictions on Use. The Redeveloper agrees that until the Maturity Date, the
Redeveloper, and such successors and assigns, shall devote the Redevelopment Property to the
operation of the Minimum Improvements as described in Section 4.1 hereof, and shall not
discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or
in the construction or maintenance of the Minimum Improvements or in the use or occupancy of the
Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof.
Redeveloper agrees that no portion of the Redevelopment Property will be used for a sexually-
oriented business, a pawnshop, a check-cashing business, a tattoo business, a gun business, a
payday loan agency, or for the sale of tobacco products including without limitation “vaping” or
hookah shops.
Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement
are intended to or shall be merged by reason of any deed transferring any interest in the
Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions
and covenants of this Agreement.
Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in
construing or interpreting any of its provisions.
Section 10.6. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by either party to the
other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally, to the following addresses (or to
such other addresses as either party may notify the other):
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To Redeveloper: SLP Park Ventures LLC
Attn: ____________________
440 Third Street
Excelsior, MN 55331
To Authority: St. Louis Park EDA
Attn: Executive Director
5005 Minnetonka Boulevard
St. Louis Park, Minnesota 55416-2518
Section 10.7. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.8. Recording. The Authority may record this Agreement and any amendments
thereto with the Hennepin County recorder. The Redeveloper shall pay all costs for recording. The
Redeveloper’s obligations under this Agreement are covenants running with the land for the term of
this Agreement, enforceable by the Authority against the Redeveloper, its successor and assigns,
and every successor in interest to the Redevelopment Property, or any part thereof or any interest
therein.
Section 10.9 Amendment. This Agreement may be amended only by written agreement
approved by the Authority and the Redeveloper.
Section 10.10. Authority Approvals. Unless otherwise specified, any approval required by
the Authority under this Agreement may be given by the Authority Representative, except that final
approval of issuance of the Note shall be made by the Authority’s board of commissioners.
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IN WITNESS WHEREOF, the Authority and Redeveloper have caused this Agreement to be duly
executed by their duly authorized representatives as of the date first above written.
ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _________, 2018
by ______________________ and ______________ the President and Executive Director of the
St. Louis Park Economic Development Authority, a public body corporate and politic and political
subdivision of the State of Minnesota, on behalf of the Authority.
Notary Public
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SLP PARK VENTURES LLC
By
Its
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ________, 2018,
by _________________________, the _________________ of SLP Park Ventures LLC, a
Minnesota limited liability company, on behalf of the company.
Notary Public
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SCHEDULE A
REDEVELOPMENT PROPERTY
[To be inserted]
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SCHEDULE B
FORM OF QUIT CLAIM DEED
THIS INDENTURE, between the St. Louis Park Economic Development Authority, a
public body corporate and politic (the “Grantor”), and SLP Park Ventures LLC, a Minnesota limited
liability company (the “Grantee”).
WITNESSETH, that Grantor, in consideration of the sum of $73,772 and other good and
valuable consideration the receipt whereof is hereby acknowledged, does hereby grant, bargain,
quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land
lying and being in the County of Hennepin and State of Minnesota described as follows, to-wit
(such tract or parcel of land is hereinafter referred to as the “Property”):
[insert platted legal description]
To have and to hold the same, together with all the hereditaments and appurtenances
thereunto belonging.
SECTION 1.
It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions
and provisions of an agreement recorded herewith entered into between the Grantor and Grantee on
the __th day of _____________, 2018, identified as “Purchase and Redevelopment Contract”
(hereafter referred to as the “Agreement”) and that the Grantee shall not convey this Property, or
any part thereof, except as permitted by the Agreement until a certificate of completion releasing the
Grantee from certain obligations of said Agreement as to this Property or such part thereof then to
be conveyed, has been placed of record. This provision, however, shall in no way prevent the
Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property
hereby conveyed or for erecting the Minimum Improvements thereon (as defined in the Agreement)
in conformity with the Agreement, any applicable development program and applicable provisions
of the zoning ordinance of the City of St. Louis Park, Minnesota, or for the refinancing of the same.
It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to
completion the development of the Property through the construction of the Minimum
Improvements thereon, as provided in the Agreement.
Promptly after completion of the Minimum Improvements in accordance with the provisions
of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying.
Such certification by the Grantor shall be (and it shall be so provided in the certification itself) a
conclusive determination of satisfaction and termination of the agreements and covenants of the
Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and
assigns, to construct the Minimum Improvements and the dates for the beginning and completion
thereof. Such certifications and such determination shall not constitute evidence of compliance with
or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer of a
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mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the
Minimum Improvements, or any part thereof.
All certifications provided for herein shall be in such form as will enable them to be
recorded with the County Recorder and/or Registrar of Titles, Hennepin County, Minnesota. If the
Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the
Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the
Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects
the Grantee has failed to complete the Minimum Improvements in accordance with the provisions
of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the
opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification.
SECTION 2.
The Grantee’s rights and interest in the Property are subject to the terms and conditions of
Section 9.3 of the Agreement relating to the Grantor’s right to re-enter and revest in Grantor title to
the Property under conditions specified therein, including but not limited to termination of such
right upon issuance of a Certificate of Completion as defined in the Agreement.
SECTION 3.
The Grantee agrees for itself and its successors and assigns to or of the Property or any part
thereof, hereinbefore described, that the Grantee and such successors and assigns shall comply with
all provisions of the Agreement that relate to the Property or use thereof for the periods specified in
the Agreement, including without limitation the covenant set forth in Section 10.3 thereof.
It is intended and agreed that the above and foregoing agreements and covenants shall be
covenants running with the land for the respective terms herein provided, and that they shall, in any
event, and without regard to technical classification or designation, legal or otherwise, and except
only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by
law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee,
its successors and assigns, and every successor in interest to the Property, or any part thereof or any
interest therein, and any party in possession or occupancy of the Property or any part thereof.
In amplification, and not in restriction of, the provisions of the preceding section, it is
intended and agreed that the Grantor shall be deemed a beneficiary of the agreements and covenants
provided herein, both for and in its own right, and also for the purposes of protecting the interest of
the community and the other parties, public or private, in whose favor or for whose benefit these
agreements and covenants have been provided. Such agreements and covenants shall run in favor
of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner
of any land or interest therein to, or in favor of, which such agreements and covenants relate. The
Grantor shall have the right, in the event of any breach of any such agreement or covenant to
exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or
any other beneficiaries of such agreement or covenant may be entitled; provided that Grantor shall
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not have any right to re-enter the Property or revest in the Grantor the estate conveyed by this Deed
on grounds of Grantee’s failure to comply with its obligations under this Section 3.
SECTION 4.
This Deed is also given subject to:
(a)Provision of the ordinances, building and zoning laws of the City of St.
Louis Park, and state and federal laws and regulations in so far as they affect this real estate.
(b)[Others]
Grantor certifies that it does not know of any wells on the Property.
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IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its
behalf by its President and Executive Director this ______ day of ____________, 2018.
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _________, 2018
by ______________________ and ______________ the President and Executive Director of the
St. Louis Park Economic Development Authority, a public body corporate and politic and political
subdivision of the State of Minnesota, on behalf of the Authority.
Notary Public
This instrument was drafted by:
Kennedy & Graven, Chartered (MNI)
470 U.S. Bank Plaza
Minneapolis, Minnesota 55402
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SCHEDULE C
AUTHORIZING RESOLUTION
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 18-____
RESOLUTION APPROVING PURCHASE AND REDEVELOPMENT CONTRACT
AND AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS,
COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS
TAX INCREMENT REVENUE NOTES TO
SLP PARK VENTURES LLC.
BE IT RESOLVED BY the Board of Commissioners ("Board") of the St. Louis Park
Economic Development Authority, St. Louis Park, Minnesota (the "Authority") as follows:
Section 1. Recitals; Approval and Authorization; Award of Sale.
1.01. Recitals. (a) The Authority and the City of St. Louis Park have heretofore approved
the establishment of the Wayzata Boulevard Tax Increment Financing District (the "TIF District")
within Redevelopment Project No. 1 ("Project"), and have adopted a tax increment financing plan
for the purpose of financing certain improvements within the Project.
(b) To facilitate the redevelopment of certain property within the Project and TIF
District, the Authority and SLP Park Ventures LLC (the “Owner”) have negotiated a Purchase
and Redevelopment Contract (the “Agreement”) which provides for the conveyance of certain
Authority-owned property (the “Authority Parcels”) to the Owner, the construction by the Owner
of a rental housing facility, a hotel, and associated parking on certain Redevelopment Property
including the Authority Parcels, and the issuance by the Authority of one or more Tax Increment
Revenue Notes, Series 2018 (the “Notes”) to the Owner.
(c) On ____________, 2018, the Planning Commission of the City reviewed the
proposed conveyance of the Property and found that such conveyance is consistent with the
City’s comprehensive plan.
(d) On the date hereof, the Authority conducted a duly noticed public hearing regarding
the conveyance of the Authority Parcels to the Owner pursuant to the Agreement, at which all
interested parties were given an opportunity to be heard, and hereby finds that the execution of the
Agreement and performance of the Authority's obligations thereunder, including the conveyance of
the Authority Parcels to the Owner, are in the best interest of the City and its residents.
1.02. Approval of Agreement. (a) The Agreement is hereby in all respects approved,
subject to modifications that do not alter the substance of the transaction and that are approved by
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the President and Executive Director, provided that execution of the Agreement by such officials
shall be conclusive evidence of approval. The Board hereby approves the conveyance of the
Authority Parcels pursuant to the terms of the Agreement.
(b)Authority staff and officials are authorized to take all actions necessary to perform
the Authority’s obligations under the Agreement as a whole, including without limitation execution
of any documents to which the Authority is a party referenced in or attached to the Agreement, and
any deed or other documents necessary to convey the Authority Parcels to Redeveloper, all as
described in the Agreement.
1.03. Issuance, Sale, and Terms of the Notes. (a) The Authority hereby authorizes the
President and Executive Director to issue the Notes in accordance with the Agreement. All
capitalized terms in this resolution have the meaning provided in the Agreement unless the context
requires otherwise.
(b) The Notes shall be issued to the Owner as two separate Notes: the Hotel Note in the
maximum aggregate principal amount of $714,000 in consideration of certain eligible costs incurred
by the Owner in connection with construction of the Hotel Component of the Minimum
Improvements, and the Multifamily Note in the maximum aggregate principal amount of
$2,760,000 in consideration of certain eligible costs incurred by the Owner in connection with
construction of the Multifamily Component of the Minimum Improvements under the Agreement.
The Notes shall be dated the date of delivery thereof, and shall bear interest at the lesser of the rate
of 5.5% per annum or the actual rate of the Owner’s mortgage financing, from the date of issue to
the earlier of maturity or prepayment. The Notes will be issued in the principal amount of Public
Redevelopment Costs submitted and approved in accordance with Section 3.6 of the Agreement.
The Notes are secured by Available Tax Increment, as further described in the form of the Note
herein. The Authority hereby delegates to the Executive Director the determination of the date on
which each Note is to be delivered, in accordance with the Agreement.
Section 2. Form of Notes. The Notes shall be in substantially the following form, with
the blanks to be properly filled in and the principal amount adjusted as of the date of issue:
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UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
No. R-1 $_____________
TAX INCREMENT REVENUE NOTE
SERIES 20__
(Platia Place, ________ Component)
Date
Rate of Original Issue
___%
The St. Louis Park Economic Development Authority (“Authority”) for value received,
certifies that it is indebted and hereby promises to pay to SLP Park Ventures LLC or registered
assigns (the "Owner"), the principal sum of $__________ and to pay interest thereon at the rate of
__% per annum, solely from the sources and to the extent set forth herein. Capitalized terms shall
have the meanings provided in the Purchase and Redevelopment Contract between the Authority
and the Owner, dated as of _______________, 2018 (the "Agreement"), unless the context requires
otherwise.
1.Payments. Principal and interest ("Payments") shall be paid on August 1, 20__ and
each February 1 and August 1 thereafter to and including February 1, 20__ ("Payment Dates") in the
amounts and from the sources set forth in Section 3 herein. Payments shall be applied first to
accrued interest, and then to unpaid principal. Simple interest accruing from the date of issue
through and including February 1, 20__ shall be added to principal.
Payments are payable by mail to the address of the Owner or such other address as the
Owner may designate upon 30 days written notice to the Authority. Payments on this Note are
payable in any coin or currency of the United States of America which, on the Payment Date, is
legal tender for the payment of public and private debts.
2.Interest. Interest at the rate stated herein shall accrue on the unpaid principal,
commencing on the date of original issue. Interest shall be computed on the basis of a year of 360
days and charged for actual days principal is unpaid.
3.Available Tax Increment. (a) Payments on this Note are payable on each Payment
Date solely from and in the amount of Available Tax Increment, which shall mean 95% of the Tax
Increment attributable to the [______ Component] of the Minimum Improvements and
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Redevelopment Property that is paid to the Authority by Hennepin County in the six months
preceding each Payment Date on the Note.
(b)The Authority shall have no obligation to pay principal of and interest on this Note on
each Payment Date from any source other than Available Tax Increment and the failure of the
Authority to pay principal or interest on this Note on any Payment Date shall not constitute a default
hereunder as long as the Authority pays principal and interest hereon to the extent of Available Tax
Increment. The Authority shall have no obligation to pay any unpaid balance of principal or
accrued interest that may remain after the final Payment on February 1, 20__.
4.Default. If on any Payment Date there has occurred and is continuing any Event of
Default under the Agreement, the Authority may withhold from payments hereunder under all
Available Tax Increment. If the Event of Default is thereafter cured in accordance with the
Agreement, the Available Tax Increment withheld under this Section shall be deferred and paid,
without interest thereon, within 30 days after the Event of Default is cured. If the Event of Default
is not cured in a timely manner, the Authority may terminate this Note by written notice to the
Owner in accordance with the Agreement.
5.Prepayment. (a) The principal sum and all accrued interest payable under this Note
is prepayable in whole or in part at any time by the Authority 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 Note.
(b)Upon receipt by Redeveloper of the Authority’s written statement of the
Participation Amount as described in Section 3.8 of the Agreement, fifty percent of such
Participation Amount will be deemed to constitute, and will be applied to, prepayment of the
principal amount of this Note. Such deemed prepayment is effective as of the date of delivery of
such statement to the Owner, and will be recorded by the Registrar in its records for the Note. Upon
request of the Owner, the Authority will deliver to the Owner a statement of the outstanding
principal balance of the Note after application of the deemed prepayment under this paragraph.
6.Nature of Obligation. This Note is one of an issue in the total principal amount of
$_________________, issued to aid in financing certain public redevelopment costs and
administrative costs of a Project undertaken by the Authority pursuant to Minnesota Statutes,
Sections 469.001 through 469.047, and is issued pursuant to an authorizing resolution (the
"Resolution") duly adopted by the Authority on ________, 2018, and pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes,
Sections 469.174 to 469.1794, as amended. This Note is a limited obligation of the Authority which
is payable solely from Available Tax Increment pledged to the payment hereof under the
Resolution. This Note 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
Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to
pay the principal of or interest on this Note 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 Note
or other costs incident hereto.
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7.Registration and Transfer. This Note is issuable only as a fully registered note
without coupons. As provided in the Resolution, and subject to certain limitations set forth therein,
this Note is transferable upon the books of the Authority kept for that purpose at the principal office
of the City Finance Director, by the Owner hereof in person or by such Owner's attorney duly
authorized in writing, upon surrender of this Note together with a written instrument of transfer
satisfactory to the Authority, duly executed by the Owner. Upon such transfer or exchange and the
payment by the Owner of any tax, fee, or governmental charge required to be paid by the Authority
with respect to such transfer or exchange, there will be issued in the name of the transferee a new
Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the
same dates.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required
by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be
performed in order to make this Note a valid and binding limited obligation of the Authority
according to its terms, have been done, do exist, have happened, and have been performed in due
form, time and manner as so required.
IN WITNESS WHEREOF, the Board of Commissioners of the St. Louis Park Economic
Development Authority have caused this Note to be executed with the manual signatures of its
President and Executive Director, all as of the Date of Original Issue specified above.
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
Executive Director President
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REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register of
the City Finance Director, in the name of the person last listed below.
Date of Signature of
Registration Registered Owner____ City Finance Director
SLP Park Ventures LLC
Federal Tax I.D. No. _____________
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Section 3. Terms, Execution and Delivery.
3.01. Denomination, Payment. Each Note shall be issued as a single typewritten note
numbered R-1.
Each Note shall be issuable only in fully registered form. Principal of and interest on the
Notes shall be payable by check or draft issued by the Registrar described herein.
3.02. Dates; Interest Payment Dates. Principal of and interest on the Notes shall be
payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the
month preceding the Payment Date, whether or not such day is a business day.
3.03. Registration. The Authority hereby appoints the Chief Financial Officer of the City
to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of
registration and the rights and duties of the Authority and the Registrar with respect thereto shall be
as follows:
(a) Register. The Registrar shall keep at its office a bond register in which the Registrar
shall provide for the registration of ownership of the Notes and the registration of transfers and
exchanges of the Notes.
(b)Transfer of Note. Upon surrender for transfer of any Note duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form reasonably
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly
authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, a new Note of a like aggregate principal amount
and maturity, as requested by the transferor. The Registrar may close the books for registration of
any transfer after the fifteenth day of the month preceding each Payment Date and until such
Payment Date.
(c)Cancellation. The Note surrendered upon any transfer shall be promptly cancelled
by the Registrar and thereafter disposed of as directed by the Authority.
(d)Improper or Unauthorized Transfer. When any Note is presented to the Registrar for
transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on
such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no
liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(e)Persons Deemed Owners. The Authority and the Registrar may treat the person in
whose name each Note is at any time registered in the bond register as the absolute owner of such
Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on such Note and for all other purposes, and all such
payments so made to any such registered owner or upon the owner's order shall be valid and
effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the
sum or sums so paid.
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(f)Taxes, Fees and Charges. For every transfer or exchange of any Note, the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee,
or other governmental charge required to be paid with respect to such transfer or exchange.
(g)Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated
or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates
and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of
and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen,
or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost,
stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the
Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar
shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the
mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in
accordance with its terms, it shall not be necessary to issue a new Note prior to payment.
3.04. Preparation and Delivery. The Notes shall be prepared under the direction of the
Chief Financial Officer of the City and shall be executed on behalf of the Authority by the
signatures of its President and Executive Director. In case any officer whose signature shall appear
on any Note shall cease to be such officer before the delivery of such Note, such signature shall
nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in
office until delivery. When each Note has been so executed, it shall be delivered by the Executive
Director to the Owner thereof in accordance with the Agreement.
Section 4. Security Provisions.
4.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest
on the Hotel Note all Available Tax Increment attributable to the Hotel Component of the Minimum
Improvements as defined in the Note, and hereby pledges to the payment of the principal of and
interest on the Multifamily Note all Available Tax Increment attributable to the Multifamily
Component of the Minimum Improvements as defined in the Note.
Available Tax Increment shall be applied to payment of the principal of and interest on each Note in
accordance with the terms of the form of Note set forth in Section 2 of this resolution.
4.02. Bond Fund. Until the date the Notes are no longer outstanding and no principal
thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains
unpaid, the Authority shall maintain a separate and special "Bond Fund" to be used for no purpose
other than the payment of the principal of and interest on the Notes. The Authority irrevocably
agrees to appropriate to the Bond Fund on or before each Payment Date the Available Tax
Increment in an amount equal to the Payment then due, or the actual Available Tax Increment,
whichever is less. Any Available Tax Increment remaining in the Bond Fund shall be transferred to
the Authority's account for the TIF District upon the termination of the Notes in accordance with
their terms.
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4.03. Additional Obligations. The Authority will issue no other obligations secured in
whole or in part by Available Tax Increment unless such pledge is on a subordinate basis to the
pledge on the Notes.
Section 5. Certification of Proceedings.
5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and
directed to prepare and furnish to the Owner of each Note certified copies of all proceedings and
records of the Authority, and such other affidavits, certificates, and information as may be required
to show the facts relating to the legality and marketability of each Note as the same appear from the
books and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed
representations of the Authority as to the facts recited therein.
Section 6. Effective Date. This resolution shall be effective upon approval.
Reviewed for Administration: Adopted by the Economic Development
Authority __________, 2018
Thomas K. Harmening, Executive Director Steve Hallfin, President
Attest
Secretary
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SCHEDULE D-1
ESTIMATED PUBLIC REDEVELOPMENT COSTS
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SCHEDULE D-2
CASH-ON-CASH RETURN CALCULATION: MULTIFAMILY COMPONENT
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SCHEDULE D-3
CASH-ON-COST RETURN CALCULATION: HOTEL COMPONENT
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SCHEDULE E
CERTIFICATE OF COMPLETION
WHEREAS, the St. Louis Park Economic Development Authority (the "Authority") and
SLP Park Ventures LLC (“Redeveloper”) entered into a certain Purchase and Redevelopment
Contract dated __________________, 2018 (“Contract”), filed as Document No. _________ at the
office of the County Registrar of Titles; and
WHEREAS, the Contract contains certain covenants and restrictions set forth in Articles
III and IV thereof related to completing the ___________ Component of certain Minimum
Improvements; and
WHEREAS, the Redeveloper has performed said covenants and conditions insofar as it is
able in a manner deemed sufficient by the Authority to permit the execution and recording of this
certification;
NOW, THEREFORE, this is to certify that all construction and other physical
improvements related to the _____________ Component of the Minimum Improvements
specified to be done and made by the Redeveloper have been completed and the agreements and
covenants in Articles III and IV of the Contract have been performed by the Redeveloper, and
this Certificate is intended to be a conclusive determination of the satisfactory termination of the
covenants and conditions of Articles III and IV of the Contract related to completion of the
___________ Component of the Minimum Improvements, but any other covenants in the
Contract shall remain in full force and effect.
(The remainder of this page is intentionally left blank.)
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Dated: _______________, 20__. ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY
By
Authority Representative
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _________, 20__
by ______________________, the __________________ of the St. Louis Park Economic
Development Authority, on behalf of the Authority.
Notary Public
This document drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
Minneapolis, MN 55402
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SCHEDULE F
ASSESSMENT AGREEMENT
_______________________________________________________________________________
ASSESSMENT AGREEMENT
[__________ Component]
and
ASSESSOR'S CERTIFICATION
By and Between
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
and
SLP PARK VENTURES LLC
This Document was drafted by:
KENNEDY & GRAVEN, Chartered
470 U.S. Bank Plaza
Minneapolis, Minnesota 55402
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ASSESSMENT AGREEMENT
[______________ Component]
THIS AGREEMENT, made on or as of the ____ day of _________________, 2018, by and
between the St. Louis Park Economic Development Authority, a public body, corporate and politic
(the “Authority”) and SLP Park Ventures LLC, a Minnesota limited liability company (the
“Redeveloper”).
WITNESSETH, that
WHEREAS, on or before the date hereof the Authority and Redeveloper have entered into a
Purchase and Redevelopment Contract dated _____________, 2018 (the “Redevelopment
Contract”), pursuant to which the Authority is to facilitate development of certain property in the
Authority of St. Louis Park hereinafter referred to as the “Property” and legally described in Exhibit
A hereto; and
WHEREAS, pursuant to the Redevelopment Contract the Redeveloper is obligated to
construct certain improvements (the “____________ Component”) upon the Property; and
WHEREAS, the Authority and Redeveloper desire to establish a minimum market value for
the Property and the ______________ Component to be constructed thereon, pursuant to Minnesota
Statutes, Section 469.177, Subdivision 8; and
WHEREAS, the Authority and the City Assessor (the “Assessor”) have reviewed the
preliminary plans and specifications for the improvements and have inspected such improvements;
NOW, THEREFORE, the parties to this Agreement, in consideration of the promises,
covenants and agreements made by each to the other, do hereby agree as follows:
1.The minimum market value which shall be assessed for ad valorem tax purposes for
the Property described in Exhibit A, together with the ___________ Component constructed
thereon, shall be $_____________ as of January 2, 2019, notwithstanding the progress of
construction by such date, and shall be $____________ as of January 20, 2020 and each January 2
thereafter until termination of this Agreement under Section 2 hereof.
2.The minimum market value herein established shall be of no further force and effect
and this Agreement shall terminate on the earlier of the following: (a) The date of receipt by the
Authority of the final payment from Hennepin County of Tax Increments from the Wayzata
Boulevard Tax Increment Financing District, or (b) the date when the ______________ Note, as
defined in the Redevelopment Contract, has been fully paid, defeased or terminated in accordance
with its terms.
The event referred to in Section 2(b) of this Agreement shall be evidenced by a certificate or
affidavit executed by the Authority.
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3.This Agreement shall be promptly recorded by the Authority. The Redeveloper
shall pay all costs of recording.
4.Neither the preambles nor provisions of this Agreement are intended to, nor shall
they be construed as, modifying the terms of the Redevelopment Contract between the Authority
and the Redeveloper.
5.This Agreement shall inure to the benefit of and be binding upon the successors and
assigns of the parties.
6.Each of the parties has authority to enter into this Agreement and to take all actions
required of it, and has taken all actions necessary to authorize the execution and delivery of this
Agreement.
7. In the event any provision of this Agreement shall be held invalid and unenforceable
by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable
any other provision hereof.
8.The parties hereto agree that they will, from time to time, execute, acknowledge and
deliver, or cause to be executed, acknowledged and delivered, such supplements, amendments and
modifications hereto, and such further instruments as may reasonably be required for correcting any
inadequate, or incorrect, or amended description of the Property or the ___________ Component or
for carrying out the expressed intention of this Agreement, including, without limitation, any further
instruments required to delete from the description of the Property such part or parts as may be
included within a separate assessment agreement.
9.Except as provided in Section 8 of this Agreement, this Agreement may not be
amended nor any of its terms modified except by a writing authorized and executed by all parties
hereto.
10.This Agreement may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
11.This Agreement shall be governed by and construed in accordance with the laws of
the State of Minnesota.
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ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________, 2018 by
____________________ and ___________________________, the President and Executive
Director of the St. Louis Park Economic Development Authority, on behalf of the Authority.
Notary Public
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SLP PARK VENTURES LLC
By
Its
STATE OF MINNESOTA )
) SS.
COUNTY OF__________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2018 by ____________________, the ____________________ of SLP Park Ventures LLC, a
Minnesota limited liability company, on behalf of the company.
Notary Public
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CERTIFICATION BY CITY ASSESSOR
The undersigned, having reviewed the plans and specifications for the improvements to be
constructed and the market value assigned to the land upon which the improvements are to be
constructed, hereby certifies as follows: The undersigned Assessor, being legally responsible for
the assessment of the above described property, hereby certifies that the values assigned to the land
and improvements are reasonable.
City Assessor for the City of St. Louis Park
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ____________,
2018 by _____________________, the City Assessor of the City of St. Louis Park.
Notary Public
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EXHIBIT A of ASSESSMENT AGREEMENT
Legal Description of Property
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SCHEDULE G
Form of Subordination Agreement
THIS SUBORDINATION AGREEMENT (this "Agreement") is made as of this _____
day of __________, 20__, between _______________ ("Lender"), whose address is at
_________________________, and the ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY, a public body corporate and politic ("Authority").
RECITALS
A.SLP Park Ventures LLC, a Minnesota limited liability company ("Redeveloper"),
is the owner of certain real property situated in Hennepin County, Minnesota and legally
described in Exhibit A attached hereto and incorporated herein (the "Property").
B.Lender has made a mortgage loan to Redeveloper in the original principal amount
of $__________ (the "Loan"). The Loan is the evidenced and secured by the following
documents:
(i)a certain promissory note (the "Note") made by Redeveloper dated
__________, 20__, in the amount of $___________; and
(ii)a certain mortgage, security agreement and fixture financing statement
(the "Mortgage") made by Redeveloper dated __________, 20__, filed __________,
20__, as Hennepin County Recorder/Registrar of Titles Doc. No. __________
encumbering the Property; and
(iii)a certain assignment of leases and rents (the "Assignment") made by
Redeveloper dated __________, 20__, filed __________, 20__, as Hennepin County
Recorder/Registrar of Titles Doc. No. __________ encumbering the Property.
The Note, the Mortgage, the Assignment, and all other documents and instruments
evidencing, securing and executed in connection with the Loan, are hereinafter collectively
referred to as the "Loan Documents."
C.Authority is the owner and holder of certain rights under that certain Purchase and
Redevelopment Contract (the "Contract") by and between Redeveloper and Authority dated
February 6, 2018, filed ____________, 20__, as Hennepin County Recorder/Registrar of Titles
Doc. No. _______________.
D.Redeveloper is entitled under the Contract to acquire a certain Tax Increment Tax
Revenue Note, Series 20__ in the original principal amount of $______________ (the “TIF Note”).
NOW, THEREFORE, in consideration of the foregoing and as an inducement to Lender to
make the Loan, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto represent, warrant and agree as follows:
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1. Consent. The Authority acknowledges that the Lender is making the Loan to the
Redeveloper and consents to the same. The Authority also consents to and approves the collateral
assignment of the Contract and TIF Note (when and if issued) by the Redeveloper to the Lender as
collateral for the Loan; provided, however, that this consent shall not deprive the Authority of or
otherwise limit any of the Authority’s rights or remedies under the Contract and TIF Note and shall
not relieve the Redeveloper of any of its obligations under the Contract and TIF Note; provided
further, however, the limitations to the Authority’s consent contained in this Paragraph 1 are subject
to the provisions of Paragraph 2 below.
2. Subordination. The Authority hereby agrees that the rights of the Authority with
respect to [_____________________] under the Contract are and shall remain subordinate and
subject to liens, rights and security interests created by the Loan Documents and to any and all
amendments, modifications, extensions, replacements or renewals of the Loan Documents;
provided, however, that nothing herein shall be construed as subordinating the requirement
contained in the Contract the Property be used in accordance with the provisions of Section 10.3 of
the Contract, or as subordinating the Authority’s rights under the TIF Note to suspend payments in
accordance with the TIF Note.
3.Notice to Authority. Lender agrees to use commercially reasonable efforts to notify
Authority of the occurrence of any Event of Default given to Redeveloper under the Loan
Documents, in accordance with Section 7.2 of the Contract. The Lender shall not be bound by the
other requirements in Section 7.2 of the Contract.
4.Statutory Exception. Nothing in this Agreement shall alter, remove or affect
Lender’s obligation under Minnesota Statutes, § 469.029 to use the Property in conformity to
Section 10.3 of the Contract.
5.No Assumption. The Authority acknowledges that the Lender is not a party to the
Contract and by executing this Agreement does not become a party to the Contract, and specifically
does not assume and shall not be bound by any obligations of the Redeveloper to the Authority
under the Contract, and that the Lender shall incur no obligations whatsoever to the Authority
except as expressly provided herein.
6.Notice from Authority. So long as the Contract remains in effect, the Authority
agrees to give to the Lender copies of notices of any Event of Default given to Redeveloper under
the Contract.
7.Governing Law. This Agreement is made in and shall be construed in accordance
with the laws of the State of Minnesota.
8.Successors. This Agreement and each and every covenant, agreement and other
provision hereof shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns, including any person who acquires title to the Property through
the Lender of a foreclosure of the Mortgage.
9.Severability. The unenforceability or invalidity of any provision hereof shall not
render any other provision or provisions herein contained unenforceable or invalid.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a)
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC Page 92
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518115v2 MNI SA285-100
10.Notice. Any notices and other communications permitted or required by the
provisions of this Agreement shall be in writing and shall be deemed to have been properly given or
served by depositing the same with the United States Postal Service, or any official successor
thereto, designated as registered or certified mail, return receipt requested, bearing adequate
postage, or delivery by reputable private carrier and addresses as set forth above.
11.Transfer of Title to Lender. The Authority agrees that in the event the Lender, a
transferee of Lender, or a purchaser at foreclosure sale, acquires title to the Property pursuant to a
foreclosure, or a deed in lieu thereof, the Lender, transferee, or purchaser shall not be bound by the
terms and conditions of the Contract except as expressly herein provided. Further the Authority
agrees that in the event the Lender, a transferee of Lender, or a purchaser at foreclosure sale
acquires title to the Property pursuant to a foreclosure sale or a deed in lieu thereof, then the Lender,
transferee, or purchaser shall be entitled to all rights conferred upon the Redeveloper under the
Contract, provided that no condition of default exists and remains uncured beyond applicable cure
periods in the obligations of the Redeveloper under the Contract.
12. Estoppel. The Authority hereby represents and warrants to Lender, for the purpose
of inducing Lender to make advances to Redeveloper under the Loan Documents that:
(a)No default or event of default by Redeveloper exists under the terms of the Contract
on the date hereof;
(b)The Contract has not been amended or modified in any respect, nor has any material
provision thereof been waived by either the Authority or the Redeveloper, and the
Contract is in full force and effect;
(c)Such other reasonable certifications as the Lender may request.
13.Amendments. The Authority hereby represents and warrants to Lender for the
purpose of inducing Lender to make advances to Redeveloper under the Loan Documents that
Authority will not agree to any amendment or modification to the or any TIF Note issued under the
Contract that materially affects the collection of Available Tax Increment (as defined in the
Contract) in any way affects the Property without the Lender’s written consent.
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a)
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC Page 93
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518115v2 MNI SA285-100
IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day
and year first written above.
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ___________,
by _______________________ and ______________________ the President and Executive
Director, respectively, of the St. Louis Park Economic Development Authority, a public body
corporate and politic, on behalf of such public body.
Notary Public
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a)
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC Page 94
G-12
518115v2 MNI SA285-100
[LENDER]
By:
Its
Economic Development Authority Meeting of March 19, 2018 (Item No. 7a)
Title: Public Hearing-Purchase and Redevelopment Contract with SLP Park Ventures, LLC Page 95
Meeting: City Council
Meeting Date: March 19, 2018
Presentation: 2a
EXECUTIVE SUMMARY
TITLE: 2017 Police Officer of the Year
RECOMMENDED ACTION: No formal action required. Police Chief Mike Harcey will be in
attendance to present the 2017 Robert Linnell Police Officer of the Year award to Sgt. Dallas
Williams
POLICY CONSIDERATION: None at this time.
SUMMARY: Since 1989, the St. Louis Park Police Department has presented the Robert Linnell
Officer of the Year award to the officer who has demonstrated consistent principles of integrity,
fairness and a commitment to service within our community. The Officer of the Year is an example
of what a police officer should be or strive to be by demonstrating his/her commitment to the
mission and values of the St. Louis Park Police Department and the City of St. Louis Park. The
award is held in high regard because officers are nominated by their peers. At the police department
annual meeting, officers select the Officer of the Year by voting on the nominations.
On February 22, 2018, department members selected Sgt. Dallas Williams as the 2017 Officer of
the Year recipient. The following is an excerpt from the nomination form for Sgt. Williams:
• In 2017, Sgt. Williams started the year working as a patrol sergeant.
• In August, he moved into Support Services as an investigative sergeant.
• He spent time as a range instructor and a supervisor on the SWAT team.
• He is “fair with those that work with and for him and has an easygoing style that makes all
comfortable around him.”
• “He always makes time to go above and beyond.”
• He took on a very heavy workload for a large percentage of his year in Support Services
when he was the only sergeant in the division. He was able to learn his own position, take
on broader responsibilities, implement process improvements, effectively supervise the
investigative group and was regularly seen at Camp Ripley on his free time reviewing case
files.
• He helped to implement a new workflow process that dramatically reduced the daily review
work required by the investigative sergeant. This will allow for significant cases to be
assigned more rapidly and enable this position’s time to be spent more effectively in other
areas supervising the group.
FINANCIAL OR BUDGET CONSIDERATION: Not applicable.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Not applicable
Prepared by: Michael Harcey, Police Chief
Approved by: Tom Harmening, City Manager
Meeting: City Council
Meeting Date: March 19, 2018
Minutes: 3a
UNOFFICIAL MINUTES
CITY COUNCIL SPECIAL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
MARCH 5, 2018
The meeting convened at 6:20 p.m.
Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Rachel Harris, Anne
Mavity, and Margaret Rog.
Absent: Thom Miller
Staff present: City Manager (Mr. Harmening), Director of Operations and Recreation (Ms.
Walsh), Solid Waste Program Coordinator (Ms. Fisher), Public Works Services Manager (Mr.
Merkley), Public Works Superintendent (Mr. Hanson), and Recording Secretary (Ms. Pappas).
Guests: None.
1. 2018-2023 Solid Waste Collection Proposals
Ms. Fisher explained staff completed the request for proposals for collection of garbage, recycling,
organics and yard waste for the city for a period of the next 5 years (2018-2023). She stated that
staff would like direction on several policy questions including:
• Every other week (EOW) garbage collection
• Weekly recycling collection, which includes an increased cost
• Separate collection for organics and yard waste
• Hauler options – option 1, 2 or 3
Ms. Fisher noted that a survey was distributed to 1,000 randomly selected St. Louis Park residents
with city solid waste collection services to receive their opinions related to garbage, recycling and
organics collection. She noted that 722 responses were received. She stated that staff researched
for women or minority owned hauling companies and found none. From there, staff contacted ten
haulers, and five submitted proposals. She added that the major difference in the proposals was in
the area of recycling. From there, staff prepared 3 hauler options for consideration by council, and
each of the options can accommodate any of the collection methods.
Councilmember Brausen asked if it is possible to have EOW garbage collection. Ms. Fisher stated
yes, but that 75% of residents said they were not interested in it, adding that staff also thinks it
may be problematic to require EOW garbage collection citywide. Councilmember Brausen stated
that 68% of residents are not doing organics recycling, adding that food waste is more of a problem.
He added that in reality many residents are using 20-gallon carts that are not full of garbage on
collection day.
Councilmember Harris asked if there would be an increase in the amount of participation in
recycling if there was weekly recycling pick up. Ms. Fisher stated that studies have been done, but
nothing clearly states that there is more material collected. She added that if residents don’t have
to worry about when to set out recycling, there may be more participation. She added, however,
that there is no data on this.
City Council Meeting of March 19, 2018 (Item No. 3a) Page 2
Title: Special Study Session Minutes of March 5, 2018
Councilmember Harris stated that some families in her neighborhood want more recycling and
asked for education on setting out recycling in paper bags if residents do not have enough room in
their containers.
Councilmember Rog added that she did an informal Facebook poll in her ward, and most residents
were opposed to EOW garbage collection; however, in the colder months, they were more
interested in EOW collection. Ms. Fisher stated that this could be further explored. Councilmember
Rog asked if the city has any recycling drop-off sites. Ms. Fisher said no.
Councilmember Mavity asked if staff has evaluated the collection proposals with the Climate
Action Plan in mind in terms of the number of trucks on the road, participation, or other factors.
She also asked if there are any opportunities for negotiations with the haulers or if the city is locked
in on these proposals. Mr. Merkley stated that the city does have the opportunity to amend the
contract but does not have any leverage to negotiate the proposals. Councilmember Mavity noted
that she does not like the optional every other week plan, adding that the city needs to create
predictability and consistency in order to get better outcomes. She stated that the city should
require organics collection, adding that residents should be charged more for not participating in
recycling and organics collection. She stated that this will be needed in order for the city to reach
its goals in the Climate Action Plan.
Mayor Spano pointed out that organics has a fairly minimal impact on greenhouse gases, so he
cautioned Councilmember Mavity not to overemphasize it. Mayor Spano asked what the
advantages were for a 7 versus 5 year collection contract. Mr. Merkley stated that the rates per
household go down. There is a small discount in years 2-7, so the cost would be lower.
Staff reviewed the policy consideration questions that they were requesting direction on:
It was the consensus of the council to give staff direction to pursue optional every-other-week
garbage.
It was the consensus of the council not to pursue weekly recycling and to stay with every-other-
week recycling.
It was the consensus of the council to give staff the direction to pursue separate collection of
organics and yard waste.
It was the consensus of the council to authorize staff to pursue Option 1, which includes the 5-year
option, and to move forward with this plan.
Communications/Meeting Check-In (Verbal)
The meeting adjourned at 7:25 p.m.
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Jake Spano, Mayor
Meeting: City Council
Meeting Date: March 19, 2018
Minutes: 3b
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
MARCH 12, 2018
The meeting convened at 6:35 p.m.
Councilmembers present: Mayor Jake Spano, Tim Brausen, Anne Mavity, and Margaret Rog.
Councilmember absent: Steve Hallfin, Rachel Harris, and Thom Miller
Staff present: City Manager (Mr. Harmening), Director of Operations and Recreation (Ms.
Walsh), Police Chief Harcey, and Recording Secretary (Ms. Pappas).
Guest: Jamie Marshall, Executive Director of Friends of the Arts (FOTA), George Hagemann, FOTA.
1. Future Study Session Agenda Planning –Month March 19 & 26, 2018
Mr. Harmening presented the proposed Study Session agendas for March 19 and 26, 2018.
Councilmember Mavity asked if the council could review the Comprehensive Plan before it is
finalized and when that could take place. Councilmember Rog agreed. Mr. Harmening stated that
he will find time on an upcoming agenda.
Councilmember Brausen asked about adding the mandatory minimum wage ordinance discussion
to an upcoming agenda, as well.
Councilmember Rog asked if the council will again discuss ranked choice voting. Councilmember
Mavity stated that she is not interested in discussing it any further. Mr. Harmening stated that the
public hearing on ranked choice voting is April 16, and he will check with the rest of the council
before adding another discussion on the agenda.
Councilmember Rog asked about discussing the revitalization of Monkey Island Rock Garden.
She also asked about further discussion related to the Human Right Commission (HRC) and
helping them set an agenda as to their role and responsibility. Mr. Harmening stated that some
councilmembers felt more direction could be given to the HRC, while others felt that the HRC
should focus on their own work plans. Councilmember Rog noted that most commissions have
assignments; however, the HRC does not seem to, and it may be best for the council to review
work items for them and to determine what their role and responsibility should be.
Mayor Spano stated that he will not be able to attend the March 19 and 26 council meetings. He
asked about moving the critical incident topic to another meeting date. Mr. Harmening stated that
he will reschedule that topic.
2. Friends of the Arts (FOTA) Annual Update
Mr. Marshall, Executive Director of FOTA, and Mr. Hagemann, FOTA board member, provided
an update.
City Council Meeting of March 19, 2018 (Item No. 3b) Page 2
Title: Study Session Minutes of March 12, 2018
Mr. Marshall has been with FOTA for 2 years and last year moved into the Executive Director
role. He thanked the council for their increased support last year of $40,000, which allowed Mr.
Marshall to move into his present role and has allowed FOTA to play a larger role in the city. He
stated that the city’s contribution is used for operational purposes and is leveraged to bring in
funding from others. FOTA is currently working on its 2018 budget and is hoping the city will
consider funding them at the same level.
Mr. Marshall reviewed events and retreats that he and Mr. Hagemann have recently attended to
learn more about how the arts can serve the city. He noted successes from last year, including
scholarships awarded that help students to participate in the arts. Mr. Marshall also noted the Our
Town Sings project conducted in 2017, which included concerts by 5 diverse groups representing
different styles and cultures. The concerts were held at Wolfe Park amphitheater and at the ROC.
This series will be continued in 2018 and will feature St. Louis Park choirs from various faith
traditions.
Mr. Hagemann stated that FOTA is very proud of Mr. Marshall’s work this past year, adding that
he is a great asset.
Councilmember Rog thanked the group for their excellent work and asked several questions. She
wondered if FOTA would be able to do more if they had more funding from the city. Mr. Marshall
responded that there is always more that can be done, but he does not have a concrete answer at
this time. He stated that he can review and discuss this with the FOTA board and come back to the
council, if needed.
Mr. Marshall also pointed out that FOTA does fundraising. Most of their budget money is raised
through grants, along with the city’s contribution. Their budget in 2017 was $85,000.
Councilmember Rog encouraged Mr. Marshall to use city channels, such as the city website and
Facebook page to publicize city events. Mr. Marshall stated that he is working with the city’s
communications staff on an ongoing basis. Councilmember Rog asked about the concerts at the
ROC and how the acoustics are there. Mr. Marshall stated that it is not a space for choral concerts,
but it works just fine for the programming FOTA has there. He said it serves its purpose and has
been a great resource. Councilmember Rog asked what opportunities they see in the Walker Lake
Area, for local artists. Mr. Hagemann stated that this area would be a good fit for what the Arts
Lab is working on, so he would defer to them. He can take this question back to the FOTA board
for further discussion, as well.
Councilmember Brausen stated that he loves the work FOTA is doing and supports all the events.
He asked Ms. Walsh if the city charges rent for events held at the ROC. Ms. Walsh stated no rent
is charged for city groups. Councilmember Brausen asked if FOTA asks for donations at
community events. Mr. Marshall answered yes and stated that they are also working on a more
robust fundraising plan. Councilmember Brausen asked what type of programming is missing or
underserved in St. Louis Park. Mr. Marshall stated that additional events for local artists would be
an area to pursue as a way to connect with people in the community who are doing creative work.
Councilmember Brausen stated that he is in favor of the city continuing to support the arts.
Councilmember Mavity asked about art and city development and if FOTA is involved in any
projects with new development. Mr. Hagemann stated that sometimes developers reach out to
FOTA, adding that these are all negotiated processes. Councilmember Mavity also noted that the
painting of utility boxes is a favorite project of hers. She asked why there are only 3 versions of
City Council Meeting of March 19, 2018 (Item No. 3b) Page 3
Title: Study Session Minutes of March 12, 2018
the paintings available. Mr. Marshall stated that there are 3 options to choose from, if no original
pieces are offered. Councilmember Mavity asked who pays for this. Mr. Marshall stated that the
city pays, while the neighborhoods are the initiators. Ms. Walsh also pointed out that the city can
only wrap artwork around the city-owned utility boxes and not utility company-owned boxes.
Councilmember Mavity stated she would like to look further into this issue.
Mayor Spano stated that with each development that comes to St. Louis Park (not only the projects
that come with TIF), he would like to see more gallery space and performing arts space in the city.
He noted that this would create a better sense of identity and community. Mayor Spano added that
he would like to pursue the idea of pairing visual, performing, and industrial arts students with
professionals in those areas to work together toward the students getting a better understanding of
these professions. He added that this would be an opportunity for the city to focus on kids in the
community, and he would like to see a discussion with teachers and the school district on this
possibility.
Councilmember Rog added she would also like to see local artists’ work included in the city’s
municipal buildings and encouraged all to ponder this possibility.
Mayor Spano mentioned a St. Paul initiative which features poetry stamped into sidewalks and
stated that he would like to see something similar in St. Louis Park. Mr. Harmening stated that the
Walker Lake area might be a great place for it.
3. Police Officer Attendance at City Council Meetings
Police Chief Harcey was in attendance for the discussion. The council previously asked the Police
Department to discuss the possibility of having an officer attend regular council meetings and
study sessions. The Police Department has the ability to provide either a uniformed or a plain
clothes officer at meetings; however, it was noted that scheduling could be a challenge to staffing
minimums required to provide quality service to the community.
The councilmembers discussed this further, and each noted their preferences. Councilmembers
Mavity, Brausen, Rog and Mayor Spano felt police presence was not necessary at every meeting
but could be handled on a case-by-case basis. Councilmember Harris noted in an e-mail that she
would support a plain clothes officer in attendance, while Councilmember Hallfin did not think
police presence was necessary. Councilmember Miller emailed that he felt police presence was
only necessary to reassure people in the audience.
It was the consensus of the council not to have police presence at every meeting but only on an as-
needed basis. Mr. Harmening and Police Chief Harcey agreed with this decision.
Communications/Meeting Check-In (Verbal)
Mr. Harmening stated that a bill was introduced by the House of Representatives that would
disallow a city from implementing ranked choice voting. If a city already had ranked choice voting,
it would not be allowed to continue.
Mr. Harmening stated that another bill recently introduced in the house and senate would negate
the zero waste packaging ordinances in cities. Councilmember Rog asked if this was passed, could
the city do any incentivizing with local businesses. Mr. Harmening stated yes.
City Council Meeting of March 19, 2018 (Item No. 3b) Page 4
Title: Study Session Minutes of March 12, 2018
Mr. Harmening also noted that the city will be sending out 15,000 flyers this week identifying
utility rates for this year.
Councilmember Rog asked about the process for home values and tax increases and how this
works. Mr. Harmening suggested that she contact City Assessor Cory Bultema. He would be able
to explain and train both Councilmembers Rog and Harris on this process so that they would be
aware in case they receive calls from residents. Councilmember Brausen noted that if
councilmembers receive calls from residents related to tax increases, they can be referred to Mr.
Bultema.
The meeting adjourned at 8:05 p.m.
Written Reports provided and documented for recording purposes only:
4. Business Terms for Purchase and Redevelopment Contract with SLP Park Ventures,
LLC
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Jake Spano, Mayor
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4a
EXECUTIVE SUMMARY
TITLE: Conveyance of Remnant Right-of-Way to EDA Pursuant to Proposed Purchase and
Redevelopment Contract with SLP Park Ventures
RECOMMENDED ACTION: Motion to Adopt Resolution approving the conveyance of
property from the City of St. Louis Park to the St. Louis Park Economic Development Authority
pursuant to the proposed Purchase and Redevelopment Contract with SLP Park Ventures, LLC.
POLICY CONSIDERATION: This action is consistent with the business terms reviewed by the
Council for the Purchase and Redevelopment Contract with SLP Park Ventures, LLC relative to
the Platia Place project.
SUMMARY: SLP Park Ventures, LLC (“Redeveloper”) proposes to acquire two properties, 9808
and 9920 Wayzata Blvd. (former Santorini’s restaurant property and “subject site”), and construct
a six-story, 149-unit apartment building in addition to a six-story, 100-room hotel (Platia Place).
The City recently acquired right-of-way along Wayzata Boulevard adjacent to the subject site from
MnDOT. The land was released to the City in 2013 and conveyed via quit-claim deed in August
2017. The City will be retaining a portion of this property for right-of-way purposes and vacating
the remainder (“Remnant Right-of-Way”) to subsequently be sold to the Redeveloper. To facilitate
this process, on March 5, 2018 the City Council approved a First Reading of Ordinance Vacating
Right-of-Way adjacent to 9808 and 9920 Wayzata Boulevard to convey the Remnant Right-of-
Way to the EDA. The Redeveloper has requested to purchase the Remnant Right-of-Way (as
shown in the attached image and described in the proposed Resolution) from the EDA in order to
accommodate the proposed redevelopment.
The proposed Purchase and Redevelopment Contract between the EDA and the Redeveloper
includes the conveyance of the Remnant Right-of-Way from the EDA to the Redeveloper. The
City Council is being asked to convey the Right-of-Way to the EDA by quit claim deed so that the
EDA may subsequently convey it to the Redeveloper pursuant to the terms and conditions of the
Contract. Closing on the Remnant Right-of-Way will not occur until the Redeveloper provides
evidence that financing for the entire project has been fully secured. Under the City Charter, City
conveyance of real property must be approved by resolution or ordinance.
FINANCIAL OR BUDGET CONSIDERATION: Under the proposed Purchase and
Redevelopment Contract between the EDA and the Redeveloper, the Redeveloper agrees to
acquire the Remnant Right-of-Way as shown in the Redeveloper’s Final Plat from the EDA for
$73,772.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Image of Remnant Right-of-Way
Resolution of Approval
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Karen Barton, Community Development Director
Approved by: Tom Harmening, EDA Executive Director and City Manager
City Council Meeting of March 19, 2018 (Item No. 4a) Page 2
Title: Conveyance of Remnant ROW to EDA Pursuant to Proposed Purchase & Redev. Contract w/ SLP Park Ventures
Image of Remnant Right-of-Way (highlighted)
City Council Meeting of March 19, 2018 (Item No. 4a) Page 3
Title: Conveyance of Remnant ROW to EDA Pursuant to Proposed Purchase & Redev. Contract w/ SLP Park Ventures
CITY OF ST. LOUIS PARK
RESOLUTION NO. 18-____
RESOLUTION AUTHORIZING
CONVEYANCE OF CITY PROPERTY TO THE
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED by the City Council ("Council") of the City of St. Louis Park (the "City")
as follows:
Section 1. Recitals.
1.01. The St. Louis Park Economic Development Authority (“Authority”) administers
Redevelopment Project No. 1 (the "Project"), pursuant to Minnesota Statutes, Sections 469.090 to
469.1082, as amended, to promote economic redevelopment opportunities and to promote the
development of land which is underutilized within the City.
1.02. Pursuant to the Act, the Authority is authorized to acquire real property, or interests
therein, and to undertake certain activities to facilitate the development or redevelopment of real
property by private enterprise.
1.03. The Authority is considering an offer to enter into a Purchase and Redevelopment
Contract (the “Agreement”) between the Authority and SLP Park Ventures LLC (the “Redeveloper”),
under which among other things the Authority will convey certain property currently owned by the
City, located within the Project and described as attached in Exhibit A (the “City Parcels”) to the
Redeveloper to facilitate the development of certain Redevelopment Property, including the City
Parcels.
1.04. The City is authorized to convey real property pursuant to Minnesota Statutes Section
465.035 to any governmental subdivision for a nominal consideration, or pursuant to Minnesota
Statutes, Section 471.64 to any other political subdivision of the State.
1.05. The Authority is a political subdivision of the State pursuant to Minnesota Statutes,
Section 469.091, Subdivision 2.
1.06. The City finds and determines that conveyance of the City Parcels to the Authority,
pursuant to the terms and conditions of the Agreement, is for a public purpose and is in the public
interest because it will further the objectives of the Project.
1.07. The City further finds and determines that conveyance by the Authority of the City
Parcels to the Redeveloper, pursuant to the terms and conditions of the Agreement, is for a public
purpose and is in the public interest because it will further the objectives of the Project.
1.08. On October 4, 2017, the Planning Commission of the City reviewed the plans for
development of the Redevelopment Property by the Redeveloper, including the City Parcels, found
that such development is consistent with the City’s comprehensive plan, and recommended approval
of the final plat of the Redevelopment Property.
City Council Meeting of March 19, 2018 (Item No. 4a) Page 4
Title: Conveyance of Remnant ROW to EDA Pursuant to Proposed Purchase & Redev. Contract w/ SLP Park Ventures
Section 2. Authorization.
2.01. The Council approves the conveyance of the City Parcels to the Authority by quit
claim deed for reconveyance to the Redeveloper, subject to approval by the Authority of the
Agreement and satisfaction of the conditions for closing provided therein, and authorizes and directs
city staff and officials to execute the deed and related documents necessary to facilitate the transaction
referenced herein and contemplated herein, with all such actions to be in accordance with the terms
and conditions set forth in this Resolution and in the Agreement.
2.02. City staff and officials are authorized and directed to take any and all additional steps
and actions necessary or convenient in order to accomplish the intent of this Resolution.
Reviewed for Administration: Adopted by the City Council March 19, 2018
Thomas K. Harmening, City Manager Jacob Spano, Mayor
Attest
Melissa Kennedy, City Clerk
City Council Meeting of March 19, 2018 (Item No. 4a) Page 5
Title: Conveyance of Remnant ROW to EDA Pursuant to Proposed Purchase & Redev. Contract w/ SLP Park Ventures
EXHIBIT A
City Parcels
That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 described as follows:
Beginning at right of way Boundary corner B3; thence on an assumed azimuth of 1
degree 05 minutes 15 seconds along the boundary line of said plat a distance of 86.85
feet to Right of Way Boundary Corner B4; thence deflect to the right 83.74 feet along
a non-tangential curve concave to the northwest and passing through Right of Way
Boundary Corner B5, having a radius of 2083.24 feet, central angle of 2 degrees 18
minutes 11 seconds, chord azimuth of 48 degrees 18 minutes 24 seconds and chord
distance of 83.73 feet; thence on an azimuth of 91 degrees 27 minutes 32 seconds a
distance of 98.89 feet; thence southwesterly deflecting to the right on a non- tangential
curve concave to the northwest having a radius of 788.53 feet, delta angle of 15 degrees
42 minutes 58 seconds, and a chord azimuth of 229 degrees 07 minutes 59 seconds and
chord distance of 215.62 feet to the East line of parcel 44 as shown on said plat 27-23;
thence north along said East line of Parcel 44 to the point of beginning.
AND
That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 which lies southwesterly
and southerly of Line 1, said Line 1 being described as follows:
Line 1:
Commencing at Right of Way Boundary Corner B212 as shown on said Plat No. 27-
23; thence Northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the
West line of the boundary of said Plat No. 27-23 a distance of 484.26 feet to Right of
Way Boundary Corner B211 and the point of beginning of the line being described;
thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the
boundary of said Plat No. 27-23 a distance of 214.28 feet to Right of Way Boundary
Corner B1; thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00
feet; thence deflect to the left 350.87 feet on a non-tangential curve, concave to the
North and passing through Right of Way Boundary Corner B2 as shown on said Plat
No. 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56
seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line
of said Parcel 44; thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet
to Right of Way Boundary Corner B3 as shown on said Plat No. 27-23 and there
terminating.
And northerly of the following described line and its easterly extension:
Commencing at the point of intersection of the West line of the Southeast Quarter of
the Northeast Quarter of said Section 1 with the most southerly line of Lot 1, Block 7,
SHELARD PARK; thence on an assumed bearing of South 0 degrees 39 minutes 11
seconds West along said West line a distance of 187.99 feet to the point of beginning
City Council Meeting of March 19, 2018 (Item No. 4a) Page 6
Title: Conveyance of Remnant ROW to EDA Pursuant to Proposed Purchase & Redev. Contract w/ SLP Park Ventures
of the line being described; thence along a non-tangential curve concave to the
northeast having a radius of 788.53 feet, central angle of 7 degrees 43 minutes 57
seconds, chord bearing of South 78 degrees 42 minutes 56 seconds East to its
intersection with the most westerly extension of the southerly line of said Parcel 44;
thence easterly along said extension of the most southerly line of said Parcel 44 to its
intersection with Line 1 described above, and said line there ending.
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4b
EXECUTIVE SUMMARY
TITLE: Knollwood Village-CUP Minor Amendment
RECOMMENDED ACTION: Motion to Adopt Resolution authorizing a minor amendment to
the Knollwood Village Conditional Use Permit to modify the building elevations.
POLICY CONSIDERATION: Do the proposed building façade enhancements meet the
requirements of the zoning ordinance?
SUMMARY: Two separate applications were received to amend the approved Conditional Use
Permit (CUP) for the Knollwood Village shopping center. Both proposals meet all zoning
regulations.
Target: Target is updating the look of the building by adding a simulated wood accent material, a
sign on the south exterior, and changing the name from “Super Target” to “Target”. The proposed
sign on the south side is 52 feet tall, which is two feet less than the maximum allowed by code.
Signs are allowed to be 25 feet tall as measured from the road grade adjacent to the sign. In this
case, Highway 7 is elevated approximately 29 feet from the grade adjacent to the south side of the
Target store. Therefore, the maximum sign height allowed is 54 feet tall which is the sum of the
25 foot sign height maximum and the 29 foot grade change. The proposed changes meet the zoning
code requirements.
Knollwood Village: Knollwood Village is the mall located adjacent to Target, and extending north
of the Target store. They are proposing to revise the façade of one tenant space located adjacent to
Target. The tenant will be “5 Below”, which is a variation of a dollar store, where all items are $5
or less. They propose a façade that will fit the 5 Below branding and allow for a larger sign face.
The proposed materials and signs meet the zoning and sign code requirements.
The proposed building modifications were presented to the council in a written report at the
February 26, 2018 city council study session. Staff did not receive any comments from the council,
and is therefore requesting approval of the minor amendment to the CUP.
FINANCIAL OR BUDGET CONSIDERATION: None.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Resolution
Building Elevations
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 March 19, 2018 (Item No. 4b) Page 2
Title: Knollwood Village-CUP Minor Amendment
RESOLUTION NO. 18-____
Amends and Restates Resolution No. 04-149
RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 14-
149 ADOPTED ON DECEMBER 6, 2004, AND GRANTING MINOR
AMENDMENT TO EXISTING SPECIAL PERMIT TO MODIFY THE
BUILDING ELEVATIONS FOR PROPERTY ZONED C-2 GENERAL
COMMERCIAL AT 8900 AND 8906 HIGHWAY 7
FINDINGS
WHEREAS, Target Corporation Gator Knollwood Partners, LTD has made application to
the City Council for minor amendment to an existing special permit to allow the modification to
the building façade at the SuperTarget store at 8900 Highway 7 and the mall at 8906 Highway 7
within a C-2 General Commercial Zoning District having the following legal description:
Lot 3, Block 1, Target Second Addition (Torrens)
And
Lot 2, block 1, Target Second Addition (Torrens)
WHEREAS, the City Council has considered the information related to Planning Case Nos.
17-34-CUP and 18-05-SP and the effect of the proposed building 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 and the effect of the use on the Comprehensive Plan;
and compliance with the intent of the Zoning Ordinance; and
WHEREAS, an amendment to an existing special permit was issued regarding the subject
property pursuant to Resolution No. 04-149 of the St. Louis Park City Council dated December 6,
2004 which contained conditions applicable to said property; and
WHEREAS, due to changed circumstances, amendments to those conditions are now
necessary, requiring the amendment of that special permit; and
WHEREAS, the contents of Case Nos. 96-8-CUP, 04-32-CUP, 17-34-CUP and 18-05-SP
are hereby entered into and made part of the public hearing record and the record of decision for
this case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 04-149 is hereby restated
and amended by this resolution which continues and amends a special permit to the subject
properties for the purposes of modifying the building exterior of the Super Target and attached
mall within the C-2 General Commercial District at the location described above based on the
following conditions:
1.That the site be developed, used and maintained in accordance with Exhibit A – General
Plan; Exhibit B – Proposed Drainage Plan (as modified by the Planning Department on
November 2, 1971); and Exhibit C – Final Plan Target First Addition, except as said
City Council Meeting of March 19, 2018 (Item No. 4b) Page 3
Title: Knollwood Village-CUP Minor Amendment
exhibits may be hereinafter modified by the following conditions or conditions under the
plat of Target First Addition (exhibits are on file in the City Development office at the City
of St. Louis Park.)
2.All new electric, gas, water, sanitary sewer, telephone, and utilities shall be placed
underground.
3.The 44-foot wide private road from Target Road to West 36th Street shall have a poured-
in-place concrete curb at least 6 inches high and said road and curb shall be constructed at
standards acceptable to the City Engineer. Said road shall be kept clean and free from
potholes and maintained thereafter.
4.Street trees shall be planted abutting the private road at a spacing of one tree for every 50
feet as shown on Exhibit A, as modified.
5. Additional landscaping in the parking lot and along the pedestrian way shall be provided
as shown on Exhibit A, as modified. The private road from West 26th Street to Target Road
shall have decorative on-street lighting to provide 1.5 foot candles at the street level, or
equal to or greater than the level of lighting in the parking lots if said lighting exceeds 1.5
foot candles.
6.A pedestrian walk shall be provided along the west side of Lot 4 from the proposed bus
plaza to West 36th Street.
7.The pedestrian network shall be improved with landscaping as shown on Exhibit A, as
modified.
8.Signs shall be limited to nameplate signs, symbols, logos and architectural features that
identify a particular service or goods provided on that site. All signs shall meet the
following conditions:
a.No advertising or business signs shall be located within 25 feet of the private road.
b. Billboards are hereby prohibited.
c.All new signs are to be integrated with the building unless a need for a free-standing
sign is documented in which case there shall be no more than one free-standing sign
which does not exceed 80 square feet in area and 25 feet in height per lot.
d.Business signs not attached to the buildings shall be architecturally treated and
coordinated with the principal building by use of compatible materials and design.
e.Lighting for signs shall be interior or indirect so that light rays are not directly
visible beyond the lot lines.
9.All new buildings and remodeling of either existing or new buildings shall be compatible
and complimentary to the highest standard of building located between West 36th Street,
Aquila Avenue, the Burlington Northern Railroad right-of-way and Highway 7. Elements
of compatibility include but are not limited to: Building form and mass, exterior materials
and their appearance and durability, landscaping, exterior lighting, and site development.
City Council Meeting of March 19, 2018 (Item No. 4b) Page 4
Title: Knollwood Village-CUP Minor Amendment
10.Development on vacant lots requires a special permit and the filing of an application under
provisions provided in the Ordinance. All such proposals must be compatible with the
overall plan.
11. All of the improvements shall be in accordance with the following schedule:
a.The private road including the curbing, surfacing, landscaping and tree planting
adjacent thereto shall be completed by July 1, 1973.
b. Construction of a major pedestrian walk and landscaping adjacent thereto between
Target Road and Target Department Store and from the Target Department Store
to the north end of the Target Department Store parking lot shall be completed by
July 1, 1973.
c.Landscaping and planting in the Target lot as shown on Exhibit A as modified, shall
be completed by July 1, 1973.
d.Street lighting along the private road shall be completed by September 1, 1973.
12. The City shall be given an easement over the private road and to the public park along the
utility easement which parallels the south line of Lot 4.
13.All access to public roads and to the lots as contained in the plat shall be as shown on the
general plan, unless modifications to the general plan are approved.
14.In compliance with provisions of the Subdivision Ordinance and the Commercial
Development Unit, the subdivider and applicant shall enter into a contract with the City
covering the necessary improvements as contained in the special permit and the final plat.
15.That Lot 4, Target First Addition be developed for a four-story office building and six-stall
drive-in bank facility with the following conditions:
a.The site shall be developed, used and maintained in accordance with Exhibit D –
Site Plan; Exhibit E- Grading Plan; Exhibit F – Landscape Plan; and Exhibit G –
Elevation Plan; except as hereinafter modified by the following conditions:
b.The total changeable floor area of the office building for parking shall not exceed
46,600 square feet.
c.The lot shall be graded so as to meet the grades of existing park land with a slope of
no more than 2 to 1 or the transition between the surfaced area and the park area
shall be accomplished by a decorative terrace, with said plans subject to the
approval of the City prior to construction.
d.Pedestrian walkway, street lighting, street trees and planting of the parking islands
shall be accomplished as provided in the overall general plan and as shown on
Exhibit F, as modified by the Planning Department on November 2, 1971.
City Council Meeting of March 19, 2018 (Item No. 4b) Page 5
Title: Knollwood Village-CUP Minor Amendment
e.All improvements as shown on the Exhibits D, E, F, and G, as modified including
surfacing, striping, tree planting, landscaping, pedestrian walkway, lighting, plaza,
and the like shall be completed by July 1, 1973.
16.The site shall be modified, developed, used and maintained in accordance with Exhibit H
–Site and Parking Plan, dated August 9, 1976; Exhibit I – Landscaping Plan dated August
9, 1976; Exhibit J – Grading Plan dated August 9, 1976; Exhibit K – Utility Plan dated
August 9, 1976; Exhibit L – Elevation Plan dated August 9, 1976; as modified by the
Planning Department August 13, 1976.
17.That new utility and pedestrian easements be provided as identified on Exhibit H, and that
the pedestrian way be constructed within 12 months after completion of the installation of
utilities in the easement or within 12 months after notification by the City that said utilities
will not be placed, and said construction of the pedestrian way shall commence.
18.Sign area shall be constructed, designed and maintained in accordance with Exhibits H and
L, provided the total sign area of Lots 1, 2, 3, and 4 shall not exceed 2,557 square feet, the
maximum allowed under the Zoning Ordinance.
19.That the garden store attached to the south side of Target be improved by elimination of
the cyclone fencing and replaced with decorative treatment before July 1, 1977, and said
garden store shall not be used for warehousing nor shall it be used for storage of goods not
sold directly from the garden store.
20.That all building improvements and landscaping included on the plans be completed by
July 1, 1977, except as otherwise noted above.
21.All fire hydrants on the site shall be in conformance with City standards or modified to
meet City standards.
22.A siamese hydrant connection shall be installed on the east side of the proposed grocery
store for Fire Department access to the sprinkler system.
23.There shall be no on-sale liquor or off-sale liquor uses or licenses allowed on the premises
or property.
24.The site shall be modified, developed, used and maintained in accordance with Exhibit M
–Site Plan, dated December 8, 1976, and Exhibit N – Elevation Plans, and Final Plat of
Target, Second Addition, and modified as follows:
a.Existing curbed island north of the Target Store loading area shall be retained.
b.The periphery of the site along parking areas, loading areas and driveways shall be
curbed.
c.Curbed and landscaped islands shall be provided at the ends of the parking bays
along the roadway located between the Applebaum (Rainbow) store, miscellaneous
shops and the parking lot.
City Council Meeting of March 19, 2018 (Item No. 4b) Page 6
Title: Knollwood Village-CUP Minor Amendment
d.Signs shall be constructed, designed and maintained in accordance with Exhibits H
and L, provided the total sign area for Lots 1, 2, 3 and 4 shall not exceed 2,557
square feet, the maximum allowed under the Zoning Ordinance, and there shall not
be more than one free-standing sign per lot, and said free-standing sign shall not
have more than 100 square feet of sign area per side.
25.The refuse compactors shall be painted to be compatible with the building, shall be closed
at all times, and the area shall be maintained in a clean and orderly condition.
26.All building improvements and landscaping included on the plan shall be completed by
October 1, 1977.
27.A Class II restaurant shall be permitted in accordance with Section 14-156(17) of the St.
Louis Park Ordinance Code, subject to the following condition:
a.That the restaurant site shall be constructed and maintained in accordance with
Exhibit M – Restaurant Floor Plan, and Exhibit N – Knollwood Village Master
Rental Plan (Case No. 77-25-SP)
28.Condition No. 24 shall be changed to read “there shall be no on-sale liquor or off-sale
liquor except for on-sale wine allowed on the premises of property.”
29.The Class II Restaurant permitted by Condition No. 28 shall be modified to a Class I
Restaurant and shall be limited to the sale and consumption of wine on the premises in
conjunction with the sale of food.
30.The north entrance to the Knollwood Village Shopping Center is permitted to be revised
in accordance with Exhibit O – Parking Revision, dated May 5, 1978.
31.Signs shall be permitted to be installed in accordance with Exhibit P – Directory Signs, and
Exhibit Q – Tenant Identification Signs.
32.Four temporary outdoor sales may be permitted each calendar year, in which all tenants of
the shopping center may participate; and said sales shall be in compliance with a license
issued to the shopping center in accordance with Ordinance No. 1417 adopted August 7,
1978.
33.That a 400 square foot addition be allowed for retail use subject to the following conditions:
a.The site shall be developed, used and maintained in accordance with Exhibit R –
Rental Area Plan; Exhibit S – Floor Plan; and Exhibit T – Elevations
b. No further expansion of retail floor area shall be permitted.
c.All improvements shall be completed by May 30, 1984.
34.That a Class II restaurant be permitted with a changeable floor area for parking purposes
not to exceed 1,450 square feet, subject to the following conditions:
a.All trash and garbage from the restaurants shall be stored in an indoor trash room.
City Council Meeting of March 19, 2018 (Item No. 4b) Page 7
Title: Knollwood Village-CUP Minor Amendment
b. All improvements shall be completed by May 30, 1988.
35.The special permit shall be amended pursuant to Planning Case No. 92-51-SP to permit
construction of a 700 square foot addition to the Rainbow Foods facility subject to the
following conditions:
a.The site shall be developed, used and maintained in accordance with Exhibit V
modified as follows, such documents incorporated by reference herein:
1)Deletion of galvanized metal panels as exterior materials.
2)Substitution of stucco on the north wall of the addition painted to match the
existing north wall of the Rainbow Food store and concrete block on the west
and south side of the addition painted to meet the existing west wall of Rainbow
Foods.
3) Deletion of the shed roof and substitution of a flat roof.
b. All improvements shall be completed by September 21, 1993.
36.The continued special permit shall be amended pursuant to Planning Case No. 94-41-CUP
to permit exterior modifications subject to the following conditions:
a.Information necessary to determine compliance with the current zoning ordinance
be submitted prior to issuance of any building permit authorized by this minor
amendment to the continued special permit so that a determination can be made that
the site is being brought into greater or complete compliance with the current zoning
ordinance and with other provisions of this ordinance, to the extent reasonable and
possible.
b.The site shall be developed, used and maintained in accordance with Exhibit W –
Project Elevation, Typical Bay Elevation and Typical Canopy section; such
document incorporated by reference herein.
37.The conditional use permit shall be amended pursuant to Planning Case No. 95-40-CUP to
permit modifications to the parking lot subject to the following conditions:
a.The site shall be developed, used and maintained in accordance with Exhibit X –
Mill/Overlay removals, Proposed Improvements, and Proposed Plantings as
modified to meet the following conditions of approval; such documents
incorporated by reference herein.
b.The total number of parking spaces provided for the shopping center shall not be
less than 1,054 except as approved by subsequent amendment to the continued
special permit.
c.Curbed traffic islands shall be provided at the ends of all parking rows.
City Council Meeting of March 19, 2018 (Item No. 4b) Page 8
Title: Knollwood Village-CUP Minor Amendment
d.A 3-cable guide rail is approved as an alternative to curbing at the southeast
periphery of the parking lot; a 6-inch poured-in-place concrete curb is required in
all other areas.
e.Landscaping shall comply with the approved 1976 Landscape Plan in areas that are
not being disturbed by the approved parking lot modifications.
f.A revised landscape plan shall be submitted and approved by the Planning
Coordinator prior to commencement of work on the parking lot modifications; a
minimum of 1,350 plant units and an irrigation system, if determined necessary by
City Staff, shall be installed in the modified parking lot area by October 31, 1996.
g.A Letter of Credit or other financial surety as approved by the City Attorney shall
be submitted prior to commencement of work on the parking lot modifications in
an amount equal to 1 ½ times the value of the approved landscaping requirements.
38.The special permit shall be amended pursuant to Planning Case No. 96-8-CUP to permit
modifications to the building entrance, front drive aisle and parking lot lighting subject to
the following conditions:
a.The site shall be developed, used and maintained in accordance with Exhibit Y –
Proposed Improvements, Partial Plan Front Elevation, and Lighting Photometric as
modified to meet the following conditions of approval; such documents
incorporated by reference herein.
b.A revised site plan shall be submitted and approved by the Planning Coordinator
prior to issuance of building permits or commencement of work on the parking lot
modifications; such site plan shall include curbed islands around all light poles, and
the number of parking spaces may be reduced to accommodate the required islands;
the Planning Coordinator shall note the approved number of parking spaces on the
revised site plan.
c.A revised lighting plan shall be submitted and approved by the Zoning
Administrator prior to issuance of building permits or commencement of work on
the parking lot modifications; site lighting shall not exceed a maximum of 1.0 foot-
candle at the perimeter of the shopping center property.
d.Parking lot landscaping shall comply with Exhibit X – Proposed Planting, which
was stamped and signed as approved on 9-5-95; however, planting islands shall be
located according to the approved revised site plan. All approved landscaping shall
be installed by October 31, 1996. A Letter of Credit or other financial surety as
approved by the City Attorney shall be submitted prior to commencement of work
on the parking lot modifications in an amount equal to 1-1/2 times the value of the
approved landscaping requirements.
39.The special permit shall be amended on December 6, 2004 to incorporate all of the
preceding conditions and add the following conditions:
a.The site shall be developed, used and maintained in accordance with the conditions
of this resolution, the approved Official Exhibits as modified prior to signing to
City Council Meeting of March 19, 2018 (Item No. 4b) Page 9
Title: Knollwood Village-CUP Minor Amendment
meet required conditions of this approval, and City Code; documents incorporated
by reference herein.
b. Prior to any site work, the developer shall meet the following requirements:
1)Final storm water design details must be submitted and approved by the
Public Works Director.
2)Final sidewalk construction specifications must be approved by the Public
Works Director.
3)A copy of the Watershed District permit shall be forwarded to the City.
4)Obtain the required demolition permit, erosion control permits, utility
permits and other permits required by the City, which may impose
additional conditions.
5) Any other necessary permits from other agencies shall be obtained.
6)Sign Assent form and official exhibits.
7)Specifications for tree protection and erosion control fencing must be
submitted and approved by the City Forester. Required tree protection and
erosion control fencing must be installed prior to grading activities.
c.Prior to issuance of a building permit, which may impose additional requirements,
the applicant shall:
1)Meet all Public Works Department/Utility requirements as recommended
by staff.
2)The developer shall supply the City with copies of all necessary permits
from other governmental agencies or bodies prior to any site work,
including the Minnehaha Creek Watershed District and MPCA.
3)Building materials samples & colors must be submitted to and approved by
Zoning Administrator.
4)Meet any Fire Department emergency access requirements during
construction.
5)A revised parking and access agreement, as reviewed and approved by the
city attorney, be entered into by Target Corp and Gator Knollwood
Properties (Owners of the Super Target and Knollwood Village Shopping
Center properties). A signed and recorded copy of the agreement shall be
submitted to the zoning administrator.
d. The developer shall comply with the following conditions during construction
1)All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m. on weekdays
and 10 p.m. and 9 a.m. on weekends and holidays.
2)Loud equipment shall be kept as far as possible from residences at all times.
3)The site shall be kept free of dust and debris that could blow onto
neighboring properties.
4)Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
5)The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
e. Prior to issuance of any occupancy permit:
1)Fire lanes shall be in accordance with the signed Official Exhibits.
City Council Meeting of March 19, 2018 (Item No. 4b) Page 10
Title: Knollwood Village-CUP Minor Amendment
2)Landscaping and irrigation shall be in accordance with the signed Official
Exhibits and approved irrigation plan except that a temporary C of O can be
issued prior to completion of landscaping and irrigation improvements
provided an irrevocable, automatically renewable letter of credit is
submitted in the amount of 125% of all landscaping and irrigation
improvements.
3)Exterior building improvements shall be completed in accordance with the
signed Official Exhibits and approved materials and colors except that signs
shall be approved as part of a sign plan.
4)Prior to receiving a Certificate of Occupancy, as-built drawings of the
relocated public utilities shall be submitted to and approved by the Public
Works Department.
5)The developer shall provide the required number of replacement trees on
site unless off-site trees are approved by the Community Development
Director and Parks and Recreation Director and cash-in-lieu of trees have
been paid.
6)All roof top equipment must be painted to match the color of the roof top,
which is to be an earth tone color as approved by the zoning administrator.
7)Plans for improving the canoe access to Minnehaha Creek be submitted to
the City Parks & Recreation Department for approval. The cost of the
improvements shall be included in the required letter of credit.
8)An irrevocable agreement, as reviewed and approved by the city attorney,
be entered into between Target Corp. and the current owner of the apartment
building at 3601 Phillips Parkway to allow the planting of the required
bufferyard materials along the shared property line as illustrated in the
approved landscaping plan. A copy of the signed and recorded document
shall be submitted to the Zoning Administrator.
9)Upon approval of the Zoning Administrator, Chief Building Official, and
City Engineer, a certificate of occupancy may be issued prior to completion
of certain site improvements if an automatically renewing letter of credit in
the amount of 125% of all unfinished site improvements is first submitted
to the city.
f.Prior to the installation of any signs, including temporary signs or new sign faces,
a sign plan must be approved by the Zoning Administrator and sign permits must
be obtained.
g.The developer or property owners(s) shall pay an administrative fine of $750 per
violation of any condition of this approval.
40.The building elevations shall be amended as illustrated in Exhibit: Building Elevations
2018 (Attached).
a.Assent form and official exhibits must be signed by applicant (or applicant and
owner if applicant is different from owner) prior to issuance of building permit.
In addition to any other remedies, the developer or owner shall pay an administrative fee of $750
per violation of any condition of this approval.
Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure
for which the special permit is granted is removed.
City Council Meeting of March 19, 2018 (Item No. 4b) Page 11
Title: Knollwood Village-CUP Minor Amendment
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.
Reviewed for Administration Adopted by the City Council March 19, 2018
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 March 19, 2018 (Item No. 4b)
Title: Knollwood Village-CUP Minor Amendment
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Title: Knollwood Village-CUP Minor Amendment
Page 13
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Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4c
EXECUTIVE SUMMARY
TITLE: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (Former Santorini’s Site)
RECOMMENDED ACTION: Motion to approve Second Reading and Adopt Ordinance adding
Section 36-268-PUD 9 to the Zoning Code and amending the Zoning Map from O-Office to PUD
9 for the land located at 9808 and 9920 Wayzata Blvd, and approve the summary ordinance for
publication.
POLICY CONSIDERATION: Does city council support this proposed redevelopment of the
subject properties.
SUMMARY: Mr. William Stoddard, CEO of Stoddard Companies, proposes a redevelopment
that would include a 149-unit apartment building and a 100-key limited service hotel. The
apartment building would be located on the west side of the property, and the hotel on the east side
with surface parking located between them. Two existing billboards would be removed.
The property is guided and zoned Office. The PUD application amends the zoning map and zoning
text to add a new PUD district. The district will allow for reduced setbacks, and reduced parking
for the hotel. The maximum residential density allowed for multiple family residential use in the
Office land use category is 50 units per acre, or more with a PUD. The PUD would be 3.13 acres
which allows up to 156 units. The requested 149-unit apartment building fits within this limit. The
PUD would be split into two lots. The density of the residential lot alone would be 89 units per
acre, and the PUD would prohibit residential uses on the hotel lot.
City council approved the preliminary plat and preliminary PUD on October 16, 2017. City council
approved the final plat, held a First Reading of an Ordinance on March 5, 2018 and voted 6 to 0
to approve the Final PUD 9.
TIF District: The Economic Development Authority (EDA) established the Wayzata Blvd Tax
Increment Financing District on March 21, 2016 in anticipation of redevelopment. City council
reviewed the TIF application on February 12, 2018. The apartment building will be subject to the
Inclusionary Housing Policy and both buildings will be subject to the Green Building Policy.
SUPPORTING DOCUMENT: Ordinance
Ordinance Summary for Publication
Prepared by: Jacquelyn Kramer, Associate Planner
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City Council Meeting of March 19, 2018 (Item No. 4c) Page 2
Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (Former Santorini’s Site)
ORDINANCE NO. ____-18
ORDINANCE AMENDING THE ST. LOUIS PARK
CITY CODE RELATING TO ZONING BY
CREATING SECTION 36-268-PUD 9
AS A PLANNED UNIT DEVELOPMENT ZONING DISTRICT
FOR THE PROPERTY LOCATED AT 9808 AND 9920 WAYZATA BOULEVARD
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council considered the advice and recommendation of the Planning
Commission (Case No. 17-19-S, 17-20-PUD) for amending the Zoning Ordinance to create a new
Planned Unit Development (PUD) Zoning District.
Sec. 2. The Comprehensive Plan designates this property as Office.
Sec. 3. The Zoning Map shall be amended by reclassifying the following described lands
from O - Office to PUD _9_:
Lots 1 and 2, Block 1, Platia Place, Hennepin County, Minnesota.
Sec. 4. The St. Louis Park Ordinance Code, Section 36-268 is hereby amended to add the
following Planned Unit Development Zoning District:
Section 36-268-PUD 9.
(a) Development Plan
The site shall be developed, used and maintained in conformance with the following Final
PUD signed Official Exhibits:
1.Platia Place Sheet 1
2.Platia Place Sheet 2
3.Platia Place Sheet 3
4.CJ001 Civil Title Sheet
5. CD100 Existing Conditions, Tree Inventory & Demolition Plan
6. CS100 Overall Site Plan – DORA Exhibit
7. CS101 Site Plan – Lot 1 (Multi-Family)
8. CS102 Site Plan – Lot 2 (Hotel)
9.CS501 Site Details
10.CS502 Site Details
11.CS503 Site Details
12. CG101 Grading Plan – Lot 1 (Multi-Family)
13. CG102 Grading Plan – Lot 2 (Hotel)
14. CG110 Erosion Control Plan
15. CG111 SWPPP
16. CG501 Erosion Control Details
17.CU101 Utility Plan – Lot 1 (Multi-Family)
18.CU102 Utility Plan – Lot 2 (Hotel)
City Council Meeting of March 19, 2018 (Item No. 4c) Page 3
Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (Former Santorini’s Site)
19. CU111 Storm Sewer Plan Lot 1 (Multi-Family)
20.CU100 Storm Sewer Plan Lot 2 (Hotel)
21.CU501 Utility Details
22.CU502 Utility Details
23.CU503 Utility Details (Stormtech)
24.CK101 Site Lighting Plan
25.A0.2 Reference Views
26. A0.3 Hotel Elevations
27. A0.4 Hotel Plans
28. A0.5 Multi-Family Housing - Elevation
29. A0.6 Multi-Family Housing - Plans
30. A0.7 Multi-Family Housing - Plans
31.A6.0 Site Details
32.A6.7 Cement Plaster Details
33.Landscape Plan
The site shall also conform to the following requirements:
(1)The property shall be developed with 149 residential units and 63,740 square feet of
hotel space.
(2)At least 327 off-street parking spaces shall be provided.
(3)The maximum building height shall not exceed 71 feet and six stories.
(4)The development site shall include a minimum of 25% percent designed outdoor
recreation area based on private developable land area.
(b) Permitted Uses
The following uses are permitted uses on Lot 1:
(1)Multiple-family dwellings, and uses associated with the multiple-family dwellings,
including, but not limited to, the residential management office, fitness facility, mail
room, assembly rooms and general amenity space.
The following uses are permitted uses on Lot 2:
(2)Commercial uses. Commercial uses are limited to the following:
a. Hotel
(c)Prohibited Uses
(1)Extended-stay hotels.
(2)Restaurants.
(d) Accessory Uses
Accessory uses are as follows:
City Council Meeting of March 19, 2018 (Item No. 4c) Page 4
Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (Former Santorini’s Site)
(1)Home occupations are permitted on Lot 1 with the condition that they comply with
all of the following conditions:
a.All material or equipment shall be stored within an enclosed structure.
b. Operation of the home occupation is not apparent from the public right-of-way.
c.The activity does not involve warehousing, distribution or retail sales of
merchandise produced off the site.
d.No person is employed at the residence who does not legally reside in the home
except that a licensed group family day care facility may have one outside
employee.
e.No light or vibration originating from the business operation is discernible at the
property line.
f.Only equipment, machinery and materials which are normally found in the home
are used in the conduct of the home occupation.
g.No more than one non-illuminated wall sign limited to two square feet in area is
used to identify the home occupation.
h.Space within the dwelling devoted to the home occupation does not exceed one
room or ten percent of the floor area, whichever is greater.
i.No portion of the home occupation is permitted within any attached or detached
accessory building.
j.The structure housing the home occupation conforms to the building code; and in
the case where the home occupation is day care or if there are any customers or
students, the home occupation has received a certificate of occupancy.
(2)Gardens.
(3)Parking lots.
a.All parking requirements must be met for each use.
b.A minimum of 20 parking spaces shall be designated and signed visitor parking
on Lot 1.
(4)Public transit stops/shelters.
(5)Outdoor seating, public address (PA) systems are prohibited.
(6)Outdoor uses and outdoor storage are prohibited.
(d)Special Performance Standards
(1)All general zoning requirements not specifically addressed in this ordinance shall be
met, including but not limited to: outdoor lighting, architectural design, landscaping,
parking and screening requirements.
(2)All trash, garbage, waste materials, trash containers, and recycling containers shall
be kept in the manner required by this Code. All trash handling and loading areas
shall be screened from view within a waste enclosure. Trash enclosures shall be
constructed from the same materials as the principal building.
(3)Signage shall be allowed in conformance with the requirements found in the
following districts:
City Council Meeting of March 19, 2018 (Item No. 4c) Page 5
Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (Former Santorini’s Site)
a.The apartment building signage shall be consistent with the R-C High-Density
Multiple-Family Residential zoning district.
b.The hotel building signage shall be consistent with the O - Office zoning district.
c.Exemptions located in the zoning ordinance for wall signage shall not apply.
Sec. 4. The contents of Planning Case File 17-19-S, 17-20-PUD are hereby entered into
and made part of the public hearing record and the record of decision for this case.
Sec. 5. This Ordinance shall take effect fifteen days after its publication.
Public Hearings June 21, 2017 & October 4, 2017
First Reading March 5, 2018
Second Reading March 19, 2018
Date of Publication March 29, 2018
Date Ordinance takes effect April 13, 2018
Reviewed for Administration Adopted by the City Council March 19, 2018
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 March 19, 2018 (Item No. 4c) Page 6
Title: Proposed Redevelopment – 9808 and 9920 Wayzata Blvd. (Former Santorini’s Site)
SUMMARY FOR PUBLICATION
ORDINANCE NO.____-18
AN ORDINANCE CREATING A NEW
PLANNED UNIT DEVELOPMENT ZONING DISTRICT
9808 and 9920 Wayzata Boulevard
This ordinance states that the Zoning Map shall be amended from O-Office to PUD 9; and the
Zoning Ordinance Code, Section-268 will be amended to add Section 36-268-PUD 9.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council March 19, 2018
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: March 29, 2018
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4d
EXECUTIVE SUMMARY
TITLE: Second Reading of Ordinance Vacating Right-of-Way Adjacent to 9808 and 9920
Wayzata Boulevard
RECOMMENDED ACTION: Motion to approve Second Reading and Adopt Ordinance
vacating right-of-way and to approve the ordinance summary for publication.
POLICY CONSIDERATION: Is the right-of-way needed for public purposes?
SUMMARY: The city proposes to vacate right-of-way that is located 15 feet from the north curb
line of Wayzata Boulevard and adjacent to the parcels at 9808 and 9920 Wayzata Boulevard. The
land is proposed to be sold to a private developer in order to facilitate redevelopment of the
adjacent parcels for an apartment building and hotel. The legal description is included in the draft
ordinance.
There are existing public utilities in the area that is to be vacated. The existing utilities will be
relocated as part of the redevelopment project, and new easements will be provided over the
relocated utilities. The ordinance vacating the right-of-way will not be effective until the existing
utilities have been relocated.
City Council voted 6 to 0 to approve the First Reading of the ordinance vacating the right-of-way
on March 5, 2018.
A minimum of five councilmembers must support the ordinance in order to vacate right-of-way.
FINANCIAL OR BUDGET CONSIDERATION: Not applicable.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENT: Ordinance
Ordinance Summary for Publication
Prepared by: Jacquelyn Kramer, Associate Planner
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City Council Meeting of March 19, 2018 (Item No. 4d) Page 2
Title: Second Reading of Ordinance Vacating Right-of-Way Adjacent to 9808 and 9920 Wayzata Boulevard
ORDINANCE NO.___-18
ORDINANCE VACATING RIGHT-OF-WAY
9808 and 9920 Wayzata Boulevard
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The City of St. Louis Park proposes to vacate the right-of-way proposed to
be vacated and the application has been duly filed. The notice of the application was published in
the St. Louis Park Sailor on February 22, 2018 and the City Council has conducted a public hearing
upon said petition and has determined that the right-of-way is not needed for public purposes, and
that it is for the best interest of the public that said right-of-way be vacated.
Section 2. The following described right-of-way as now dedicated and laid out within
the corporate limits of the City of St. Louis Park, is vacated:
That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 described as follows:
Beginning at right of way Boundary corner B3; thence on an assumed azimuth of 1
degree 05 minutes 15 seconds along the boundary line of said plat a distance of 86.85
feet to Right of Way Boundary Corner B4; thence deflect to the right 83.74 feet along
a non-tangential curve concave to the northwest and passing through Right of Way
Boundary Corner B5, having a radius of 2083.24 feet, central angle of 2 degrees 18
minutes 11 seconds, chord azimuth of 48 degrees 18 minutes 24 seconds and chord
distance of 83.73 feet; thence on an azimuth of 91 degrees 27 minutes 32 seconds a
distance of 98.89 feet; thence southwesterly deflecting to the right on a non- tangential
curve concave to the northwest having a radius of 788.53 feet, delta angle of 15 degrees
42 minutes 58 seconds, and a chord azimuth of 229 degrees 07 minutes 59 seconds and
chord distance of 215.62 feet to the East line of parcel 44 as shown on said plat 27-23;
thence north along said East line of Parcel 44 to the point of beginning.
AND
That part of Trunk Highway No. 12 as shown on MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 27-23 which lies southwesterly
and southerly of Line 1, said Line 1 being described as follows:
Line 1:
Commencing at Right of Way Boundary Corner B212 as shown on said Plat No. 27-
23; thence Northerly on an azimuth of 00 degrees 13 minutes 27 seconds along the
West line of the boundary of said Plat No. 27-23 a distance of 484.26 feet to Right of
Way Boundary Corner B211 and the point of beginning of the line being described;
thence Easterly on an azimuth of 101 degrees 20 minutes 23 seconds along the
boundary of said Plat No. 27-23 a distance of 214.28 feet to Right of Way Boundary
Corner B1; thence continue on an azimuth of 101 degrees 20 minutes 23 seconds 93.00
feet; thence deflect to the left 350.87 feet on a non-tangential curve, concave to the
North and passing through Right of Way Boundary Corner B2 as shown on said Plat
No. 27-23, having a radius of 763.94 feet, a delta angle of 26 degrees 18 minutes 56
City Council Meeting of March 19, 2018 (Item No. 4d) Page 3
Title: Second Reading of Ordinance Vacating Right-of-Way Adjacent to 9808 and 9920 Wayzata Boulevard
seconds, and a chord azimuth of 70 degrees 47 minutes 34 seconds to the Easterly line
of said Parcel 44; thence on an azimuth of 01 degree 05 minutes 15 seconds 7.37 feet
to Right of Way Boundary Corner B3 as shown on said Plat No. 27-23 and there
terminating.
And northerly of the following described line and its easterly extension:
Commencing at the point of intersection of the West line of the Southeast Quarter of
the Northeast Quarter of said Section 1 with the most southerly line of Lot 1, Block 7,
SHELARD PARK; thence on an assumed bearing of South 0 degrees 39 minutes 11
seconds West along said West line a distance of 187.99 feet to the point of beginning
of the line being described; thence along a non-tangential curve concave to the
northeast having a radius of 788.53 feet, central angle of 7 degrees 43 minutes 57
seconds, chord bearing of South 78 degrees 42 minutes 56 seconds East to its
intersection with the most westerly extension of the southerly line of said Parcel 44;
thence easterly along said extension of the most southerly line of said Parcel 44 to its
intersection with Line 1 described above, and said line there ending.
Section 3. The City Clerk is instructed to record certified copies of this ordinance in the
Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Section 4. This Ordinance shall take effect upon relocation of the public utilities and
recording the final plat, and not sooner than fifteen days after its publication.
Reviewed for Administration Adopted by the City Council March 19, 2018
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to Form and Execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
Public Hearing/First Reading March 5, 2018
Second Reading March 19, 2018
Date of Publication March 29, 2018
Date after which the
Ordinance may take effect
April 13, 2018
City Council Meeting of March 19, 2018 (Item No. 4d) Page 4
Title: Second Reading of Ordinance Vacating Right-of-Way Adjacent to 9808 and 9920 Wayzata Boulevard
SUMMARY FOR PUBLICATION
ORDINANCE NO.___-18
AN ORDINANCE VACATING A RIGHT-OF-WAY
This ordinance states that right-of-way will be vacated at 9808 and 9920 Wayzata Boulevard.
This ordinance shall take upon relocation of the public utilities and recording the final plat, and
not sooner than fifteen days after its publication.
Adopted by the City Council March 19, 2018
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: March 29, 2018
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4e
EXECUTIVE SUMMARY
TITLE: Bid Tabulation: Award Bid for Sanitary Sewer Gravity Mainline Rehabilitation - Project
No. 4018-3000
RECOMMENDED ACTION: Motion to designate Visu-Sewer, Inc. as the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of $363,734.00 for the
Sanitary Sewer Gravity Mainline Rehabilitation - Project No. 4018-3000.
POLICY CONSIDERATION: Does the City Council wish to continue the City’s practice of
rehabilitating sanitary sewer infrastructure through lining?
SUMMARY: Bids were received on March 8, 2018 for Sanitary Sewer Gravity Mainline
Rehabilitation (Project No. 4018-3000). A total of five bids were received for this project. A
summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Visu-Sewer, Inc. $363,734.00
Insituform Technologies $402,587.30
Lametti & Sons, Inc. $435,194.00
Michels Corporation $447,448.60
Veit & Company $461,406.00
Engineer’s Estimate $427,545.00
A review of the bids indicates Visu-Sewer, Inc. submitted the lowest bid. Visu-Sewer is a reputable
contractor that has successfully completed worked for the City before. Staff recommends that a
contract be awarded to the firm in the amount of $363,734.00.
FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and included in
the City’s adopted Capital Improvement Program (CIP), with an estimated construction cost of
$430,000. The low bid received is well within the budget for this work. This project is paid for
using Sanitary Sewer Utility Funds.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Discussion
2018 CIPP Area Map
Prepared by: Phillip Elkin, Senior Engineering Project Manager
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
Page 2 City Council Meeting of March 19, 2018 (Item No. 4e)
Title: Bid Tab: Award Bid for Sanitary Sewer Gravity Mainline Rehabilitation - Project No. 4018-3000
DISCUSSION
BACKGROUND: The City has a program to routinely video inspect the sewer system. Video
inspection has revealed structural defects in various lines. Due to structural defects, infiltration,
sewer blockages (backups), or line collapse may occur. To address these structural defects, before
they lead to the problems described above, the city’s Capital Improvement Plan includes annual
funding for a sanitary sewer main lining program. Lining can extend the life of our sanitary sewers
by 50 years or more. This technology, called cured-in-place pipe (CIPP) renewal, installs a new
resin pipe inside the old clay tile sewer main without digging up city streets, which results in
minimal disruption to residents during construction.
The liner pipe is inserted into the main through existing manholes and cured in place with a heat
or steam process. Any given segment is usually completed in one working day. Service line
connections are reopened using a robotic cutter and remote cameras. During the process, existing
flows are bypassed using pumps.
Project 4018-3000 includes lining of 17,212 feet of sanitary sewer mains throughout the City in
previously identified weak spots in the City’s sewer infrastructure.
An advertisement for bids was published in the St. Louis Park Sun-Sailor on February 15, 2018.
In addition, plans and specifications are noticed on the City Website and are made available
electronically via the internet by our vendor Quest CDN.com. Email notification was provided to
five minority associations and final printed plans were available for viewing at Minnesota Builders
Exchange, Construct Connect, Dodge Data & Analytics, and at City Hall. Ten contractors/vendors
purchased plan sets.
Construction Timeline
Construction is tentatively planned to begin in April and should be completed by late June.
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4018-3000
City Council Meeting of March 19, 2018 (Item No. 4e)
Title: Bid Tab: Award Bid for Sanitary Sewer Gravity Mainline Rehabilitation - Project No. 4018-3000 Page 3
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4f
EXECUTIVE SUMMARY
TITLE: Special Assessment – Sewer Service Line Repair at 3933 Monterey Avenue South
RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment
for the repair of the sewer service line at 3933 Monterey Avenue South, St. Louis Park, MN
P.I.D. 07-028-24-12-0113.
POLICY CONSIDERATION: The proposed action is consistent with policy previously
established by the City Council.
SUMMARY: Cynthia Clausen, owner of the single family residence at 3933 Monterey Avenue
South, has requested the City to authorize the repair of the sewer service line for his/her home and
assess the cost against the property in accordance with the City’s special assessment policy.
The City requires the repair of service lines to promote the general public health, safety and welfare
within the community. The special assessment policy for the repair or replacement of water or sewer
service lines for existing homes was adopted by the City Council in 1996. This program was put into
place because sometimes property owners face financial hardships when emergency repairs like this are
unexpectedly required. Plans and permits for this service line repair work were completed, submitted,
and approved by City staff. The property owner hired a contractor and repaired the sewer service line
in compliance with current codes and regulations. Based on the completed work, this repair qualifies
for the City’s special assessment program. The property owner has petitioned the City to authorize the
sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has
been determined to be $3,425.32.
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: Beth Holida, Office Assistant
Reviewed by: Mark Hanson, Public Works Superintendent
Beth Simonsen, Accountant
Tim Simonsen, Chief Financial Officer
Cynthia S. Walsh, Director of Operations and Recreation
Approved by: Tom Harmening, City Manager
City Council Meeting of March 19, 2018 (Item No. 4f) Page 2
Title: Special Assessment – Sewer Service Line Repair at 3933 Monterey Avenue South
RESOLUTION NO. 18-____
RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT
FOR THE REPAIR OF THE SEWER SERVICE LINE AT
3933 MONTEREY AVENUE SOUTH, ST. LOUIS PARK, MN
P.I.D. 07-028-24-12-0113
WHEREAS, the Property Owner at 3933 Monterey Avenue South has petitioned the City
of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the
single family residence located at 3933 Monterey Avenue South, and
WHEREAS, the Property Owner has agreed to waive the right to a public hearing, right
of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and
WHEREAS, the City Council of the City of St. Louis Park has received a report from the
Utility Superintendent related to the repair of the sewer service line.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1.The petition from the Property Owner requesting the approval and special assessment for the
sewer service line repair is hereby accepted.
2.The sewer service line repair that was done in conformance with the plans and specifications
approved by the Public Works Department and Department of Inspections is hereby accepted.
3.The total cost for the repair of the sewer service line is accepted at $3,425.32.
4.The Property Owner has agreed to waive the right to a public hearing, notice and appeal from
the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other
statutes, or by ordinance, City Charter, the constitution, or common law.
5.The Property Owner has agreed to pay the City for the total cost of the above improvements
through a special assessment over a ten (10) year period at the interest rate of 4.00%.
6.The Property Owner has executed an agreement with the City and all other documents
necessary to implement the repair of the sewer service line and the special assessment of all
costs associated therewith.
Reviewed for Administration: Adopted by the City Council March 19, 2018
Jake Spano, Mayor Thomas K. Harmening, City Manager
Attest:
Melissa Kennedy, City Clerk
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4g
EXECUTIVE SUMMARY
TITLE: 2018 Alley Reconstruction – Approve Plans and Specifications and Authorize
Advertisement for Bids
RECOMMENDED ACTION: Motion to Adopt Resolution approving final plans and
specifications, and authorizing advertisement for bids (Project No. 4018-1500).
POLICY CONSIDERATION: Does the City Council wish to implement our Alley
Rehabilitation program?
SUMMARY: On August 1, 2016, the City Council updated the city’s Assessment Policy. The
updated policy changed the assessment for reconstructing alleys from 100% assessed to benefiting
property owners, to 0% assessment, with the city fully funding the projects using the Pavement
Management Fund (franchise fees). As a result, staff developed a 10 year plan to reconstruct all
gravel and bituminous alleyways to concrete pavement. Project No. 4018-1500 is the second year
of these projects and includes nine alley segments approximately 3,866 feet in length in the
Sorenson neighborhood. The project involves shaping the alleys to improve drainage and the
construction of 10 foot wide concrete alleys.
Construction is anticipated to begin in May with each alley taking between 2-3 weeks to complete.
All items are expected to be completed with final restoration by November of 2018.
FINANCIAL OR BUDGET CONSIDERATION: This project is included in the City’s Capital
Improvement Plan (CIP) for 2018. Funding will be provided using Pavement Management
(franchise fees) and storm water utility with no assessments to residents.
VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged
community.
SUPPORTING DOCUMENTS: Discussion
Resolution
Location Map
Prepared by: Phillip Elkin, Senior Engineering Project Manager
Reviewed by: Debra M. Heiser, Director of Engineering
Approved by: Tom Harmening, City Manager
City Council Meeting of March 19, 2018 (Item No. 4g) Page 2
Title: 2018 Alley Construction – Approve Plans and Specifications and Authorize Advertisement for Bids
DISCUSSION
BACKGROUND: There are 21.25 miles of alleys throughout the City. These alleys are broken
down into two categories, improved and unimproved. According to City policy, for an alley to be
considered improved, it is constructed of concrete. 16 miles of alleys have a concrete surface and
meet the minimum standard for an improved alley. 5.2 miles of alleys are considered unimproved.
Of the unimproved alleys, 2.36 miles are asphalt and 2.85 miles are gravel.
On August 1, 2016, the City of St. Louis Park City Council adopted Resolution 16-094 which
updated the city’s assessment policy for infrastructure improvements. The updated policy changed
the assessment for reconstructing alleys from 100% assessed to benefiting property owners, to 0%
assessment, with the City fully funding the project. To proactively address alleys staff developed
a 10 year plan to reconstruct all unimproved alleys in the city. This is the second year for this
initiative.
The majority of our alleys were improved before 1980. Our oldest concrete alley was constructed
in 1958. There have been 17 alley improvement projects since 1990. The life expectancy of a
concrete alley is 50-70 years.
This year’s project will update nine sections of alleys in the Sorenson neighborhood that are
currently bituminous or gravel. 125 homes and businesses abut the alleys and will be impacted by
the project. Improvements to the alley include grading, storm sewer installation for better drainage,
and an 8 inch concrete pavement.
An informational meeting was held on February 13, in which 13 people were in attendance
representing several homes project area. Overall, the project was received well by the property
owners.
Financial Consideration:
This project was included in the City’s Capital Improvement Plan (CIP) for 2018. Below is a
summary of the estimated costs and funding sources.
Estimated Cost
Construction costs $844,000
Engineering and administration (10%) $84,000
Total $928,000
Funding Sources
Stormwater Utility fund $250,560.00
Pavement Management fund $677,440.00
Total $928,000.00
Proposed Schedule:
The following is the proposed schedule:
Open Bids April 30, 2018
City Council approves construction contract May 7, 2018
City Contract to Reconstruct Alleys begins
Construction complete
May/ June 2017
November 2017
City Council Meeting of March 19, 2018 (Item No. 4g) Page 3
Title: 2018 Alley Construction – Approve Plans and Specifications and Authorize Advertisement for Bids
RESOLUTION NO. 18-___
RESOLUTION APPROVING
FINAL PLANS AND SPECIFICATIONS,
AND AUTHORIZING ADVERTISEMENT FOR BIDS
FOR IMPROVEMENT PROJECT NO. 4018-1500
WHEREAS, the City Council of the City of St. Louis Park accepted the report from the
Project Manager related to the 2018 Alley Reconstruction - Project No. 4018-1500 on March 19,
2018; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1.The final plans and specifications to construct these improvements, as prepared under the
direction of the Project Manager, or designee, are approved.
2.The City Clerk shall prepare and cause to be inserted at least two weeks in the official City
newspaper and in relevant industry publications and advertisement for bids for the making
of said improvements under said-approved plans and specifications. The advertisement
shall appear not less than ten (10) days prior to the date and time bids will be received by
the City Clerk, and that no bids will be considered unless sealed and filed with the City
Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount
of the bid.
3.The Project Manager, or designee, shall report the receipt of bids to the City Council shortly
after the letting date. The report shall include a tabulation of the bid results and a
recommendation to the City Council.
Reviewed for Administration: Adopted by the City Council March 19, 2018
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
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City Council Meeting of March 19, 2018 (Item No. 4g)
Title: 2018 Alley Construction – Approve Plans and Specifications and Authorize Advertisement for Bids Page 4
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4h
EXECUTIVE SUMMARY
TITLE: Approve Amendment to Contract - Louisiana Ave Bridge / Road Reconstruction
(Phase 1) - Project 4018-1700
RECOMMENDED ACTION: Motion to authorize execution of an amendment to a professional
services contract with Kimley-Horn and Associates, Inc. in the amount of $1,333,755 for the
Louisiana Avenue Bridge / Road Reconstruction Project – Phase 1- (Louisiana Circle to Excelsior
Boulevard) Project No. 4018-1700.
POLICY CONSIDERATION: Does the City Council wish to continue to implement the city’s
Pavement Management Program?
SUMMARY: In 2019, Louisiana Avenue and the bridge between Louisiana Circle and Excelsior
Boulevard is proposed to be reconstructed. The existing bridge over Minnehaha Creek is in need
of replacement along with the road leading up to the bridge. The scope of this project includes
two vehicle travel lanes in each direction, a cycle track bike facility, a trail under Louisiana Avenue
Bridge, replacement of private utilities, and the replacement of City watermain and storm sewer.
Louisiana Avenue is an important north/south route for the City and is designated as a Municipal
State Aid (MSA) road which makes it eligible for state funding (gas tax dollars). In order to qualify
for funding, the road needs to be constructed to state aid standards.
A consultant is needed for the final design and construction administration of the Louisiana
Avenue Bridge / road reconstruction project. Kimley Horn has been very responsive in completing
the preliminary layouts for the original contract and they have recently completed the Texas
Avenue Reconstruction Project construction administration in 2017.
The final design for this project is expected to be completed by November of 2018 with
construction completion by November of 2019.
FINANCIAL OR BUDGET CONSIDERATION: Funding will be provided by a combination
of MSA, Pavement Management, State Funding, Utility Funds, and General Obligation Bonds.
This project is proposed to be constructed in 3 phases. Phase 1 is included in the City’s Capital
Improvement Program (CIP) for 2018 and 2019. The total cost estimate for Phase 1 is estimated
at $7,731,750.
VISION CONSIDERATION: Not Applicable
SUPPORTING DOCUMENTS: Discussion
Location Map
Prepared by: Joseph Shamla, Sr. Engineering Project Manager
Reviewed by: Debra M. Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City Council Meeting of March 19, 2018 (Item No. 4h) Page 2
Title: Approve Amendment to Contract - Louisiana Ave Bridge/Road Reconstruction (Phase 1) - Project 4018-1700
DISCUSSION
BACKGROUND: The City Council approved the staff recommended layout for the Louisiana
Avenue Corridor (Excelsior Boulevard to 400 feet north of Oxford Street) to at the March 5, 2018
City Council meeting. In 2019, Phase 1, Louisiana Avenue between Louisiana Circle and Excelsior
Boulevard is proposed to be reconstructed. A mill and overlay is also scheduled for Louisiana
Circle. This work includes the replacement of the existing bridge over Minnehaha Creek and a
trail connection under the new Louisiana Avenue Bridge. Phases 2 & 3 will be incorporated into
the 10 year CIP.
Bridge replacement is a high priority due to the existing condition. Our bridge inspection
consultant - WSB and Associates - inspected the bridge in October of 2015, 2016, and 2017 and
is suggesting that the bridge be replaced in 2019 or sooner. This bridge will be inspected annually
until it is replaced.
Louisiana Avenue serves many residents and visitors and is an important north / south route in the
City. This road is also a Municipal State Aid (MSA) road which is eligible for state gas tax dollars
during reconstruction projects. In order to qualify for funding, the road will be constructed to state
aid standards.
The approved layout for Phase 1 provides two traffic lanes in each direction, a cycle track bike
facility, a connection under the bridge to allow a safe crossing of Louisiana Avenue, upgrades to
the signal system at Louisiana Circle, and replacement of storm sewer and watermain.
Contract Amendment:
Kimley-Horn and Associates, Inc. was awarded the original contract for this project on August 8,
2017 for $242,372.50. This contract was for the preliminary layout (30% plans) and did not include
final design or construction services. The reason for not including final design or construction
services with the original contract is because the scope was not clear until the city council approved
the layout. Now that the scope is defined, the consultant is able to provide an amendment to the
contract to provide consultant services through construction completion. Please see contract total
below.
AMOUNT
Original Contract $ 242,372.50
Amendment #1 $1,333,755.00
Total Kimley Horn Contract $1,576,127.50
The estimated construction cost for Phase 1 of this project is $7,731,750. The contract for
engineering services with this amendment will be 21% of the estimated construction cost. Industry
standard for engineering costs on construction projects can range from 20% to 35% depending on
the complexity of the project. Staff has a high expectation for business support and responsiveness
from the consultant. The consultant will be meeting with individual property owners to address
final design questions and providing day to day construction observation services during
construction. Louisiana Avenue is a Municipal State Aid street and there are many facets of the
project that will require coordination. Agencies in which coordination will be necessary will be
Hennepin County, Southwest Light Rail Project Office, Xcel Energy, CenterPoint Energy,
Comcast, and Century Link. As a result, we believe that the contract cost is consistent with the
scope and demands of this project.
City Council Meeting of March 19, 2018 (Item No. 4h) Page 3
Title: Approve Amendment to Contract - Louisiana Ave Bridge/Road Reconstruction (Phase 1) - Project 4018-1700
Proposed Schedule:
The following is the proposed project schedule:
1. Open House #3 – to review the 90% design October 2018
2. Approve final plans and specs and authorize ad for bid November 19, 2018
3.Award contract December 2018
4.Start construction May 2019
5. Construction complete November 2019
")3
CAMBRIDGE ST
EDGEWOODAVESLOUISIANAAVESDAKOTAAVESLOUISIANA CIR
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MEADOWBROOKLNOXFOR
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Louisiana Avenue Bridge Project
Legend
Street Rehabilitation and
Bikeway Installation
Temporary Bikeway
Facility
Proposed Sidewalks
Bridge Replacement
City Limits
City Council Meeting of March 19, 2018 (Item No. 4h)
Title: Approve Amendment to Contract - Louisiana Ave Bridge/Road Reconstruction (Phase 1) - Project 4018-1700
Page 4
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4i
EXECUTIVE SUMMARY
TITLE: Approve Boards and Commissions Annual Reports
RECOMMENDED ACTION: Motion to approve the annual reports submitted by Boards and
Commissions at the annual meeting with Council on February 26, 2018.
POLICY CONSIDERATION: Does the City Council wish to formally approve the annual
reports submitted by Boards and Commissions?
SUMMARY: On February 26, 2018 the City Council hosted their annual meeting with eight (8)
advisory boards and commissions including: Board of Zoning Appeals, Environment and
Sustainability Commission, Housing Authority, Human Rights Commission, Parks and Recreation
Advisory Commission, Planning Commission, Police Advisory Commission, and
Telecommunications Advisory Commission.
Boards and Commissions were asked to prepare annual reports for presentation to the council that
provided a progress report on the previous year’s identified goals, identified goals and key
initiatives or activities for the coming year, and identified opportunities to promote race equity and
inclusion and collaboration through their work that would help them achieve their stated goals or
initiatives.
Representatives from each of the boards and commissions presented their reports to council at the
annual meeting. The council had the opportunity to ask questions and provide feedback on the
reports.
The council is asked to formally approve the annual reports as presented.
FINANCIAL OR BUDGET CONSIDERATION: Not applicable.
VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged
community.
SUPPORTING DOCUMENTS: Annual Reports for Boards and Commissions
Prepared by: Melissa Kennedy, City Clerk
Approved by: Tom Harmening, City Manager
2018 Annual Report
Board or Commission: Board of Zoning Appeals
I.Board of Zoning Appeals (BOZA) members:
James Gainsley, Chair
Henry Solmer, Vice-Chair
Susan Bloyer, Board Member (resigned 5/17)
Paul Roberts, Board Member
Justin Kaufman, Board Member
Anthony Howard, Board Member (appointed 5/17)
II.2017 Goals and Key Initiatives: The (BOZA) is charged with the responsibility of
responding to request from residents and business owners for:
1. Variances to the regulations of the zoning ordinance,
2.Appeals from any order, decision, or interpretation of the text of the zoning
ordinance made by staff.
The BOZA may also act in an advisory capacity on matters referred to it by the city
council.
Section VI provides a summary of the BOZA actions resulting from applications
received in 2017.
III.2018 Goals:
a.Insure equal application of the judicial process to all cases, which are fairly decided
based upon legally relevant factors.
b.Insure that BOZA procedures and structure best facilitate the expeditious and fair
resolution to disputes.
c.Be sensitive and responsive to the needs of a diverse community.
d.Use cutting edge technology to increase: citizens' access to the BOZA and the
BOZA's ability to reach sound decisions through the best available access to factual
and legal information.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 2
IV.2018 Key Initiatives/Activities:
a.Insure equal application of the judicial process to all cases, which are fairly decided
based upon legally relevant factors.
i.Commissioners will make every effort to attend each meeting to ensure equal
review and application of the process and law for each case.
ii.Commissioners will familiarize themselves with the city code and the materials
delivered to the BOZA in advance of the hearing.
b.Insure that BOZA procedures and structure best facilitate the expeditious and fair
resolution to disputes.
i.Commissioners will make every effort to attend each meeting to ensure there is
a quorum.
ii.Prior to the hearing, information pertinent to the application will be made
available to the BOZA, applicant, and any others interested in the application.
The BOZA will make every effort to deliver the requested information by
whatever means needed or preferred by the requestor.
c.Be sensitive and responsive to the needs of a diverse community.
i.The BOZA will make every effort to ensure the services offered by the BOZA
are communicated to all residents of the community.
ii.The BOZA will make every effort to communicate hearing notices to all
residents of the community, and make reasonable accommodations at the
hearing so everyone can attend.
d.Use cutting edge technology to increase: residents' access to the BOZA and the
BOZA's ability to reach sound decisions through the best available access to factual
and legal information.
i.The BOZA will utilize available technology and communication sources to
inform residents of BOZA applications.
ii.The BOZA will utilize available technology to review and present applications
submitted to them.
V.Race Equity and Inclusion:
a.Encourage people to be engaged in community decisions.
b. Identify diverse individuals to apply to serve on the BOZA when vacancies occur.
VI.Opportunities for Collaboration
a.Conduct joint training sessions with the Planning Commission if the opportunity
arises.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 3
VII.Variance Applications Received Since 2010:
The following table details the type and amount of variance applications received and
reviewed by the BOZA since 2010.
‘10 ‘11 ‘12 ‘13 ‘14 ‘15 ‘16 ‘17
RESIDENTIAL
Attached Garages:
Interior side setback: 1 2 0 1 0 0 0 0
Rear setback: 1 0 0 0 0 0 1 0
Side yard abutting the street setback: 0 0 0 0 0 0 0 0
Detached Garages:
Maximum Ground Floor Area: 0 0 0 0 0 0 1 0
Living Space:
Front setback: 0 0 1 1 1 1 0 0
Interior side setback: 0 0 1 0 0 0 1 1
Side abutting the street setback: 0 0 0 0 0 0 0 0
Miscellaneous:
Deck-Interior side yard: 0 0 0 0 0 0 0 0
Open covered porch – front yard: 0 0 0 1 0 0 0 0
Fence height – front yard: 0 0 0 0 1 0 1 0
Eave – interior side yard: 0 0 0 0 0 0 0 0
Total Residential Variances: 2 2 2 3 2 1 4 1
COMMERCIAL
Front setback: 0 1 0 1 0 0 0 0
Side abutting the street setback: 0 0 0 2 0 0 0 0
Front yard setback for a sign: 0 0 0 0 0 0 0 1
Increase total sign area: 1 0 0 0 0 0 0 0
Drive aisle width: 0 0 0 1 0 0 0 0
Floor area ratio: 0 0 0 0 0 1 1 1
Number of required parking spaces: 1
Screening wall: 0 0 0 0 1 0 0 0
Total Commercial Variances: 1 1 0 4 1 1 1 3
Total Variances: 3 3 2 7 3 2 5 4
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 4
VIII.2017 Applications:
Date: March 23, 2017
Variance: Sign setback
Location: 2001 Flag Avenue
Applicant: Minneapolis Golf Club
The Applicant requested a seven foot variance to
the required ten foot setback for the construction of
a monument sign.
The sign was constructed without a permit and
without meeting the required ten foot setback.
It was determined that the golf course parking lot
was constructed before the street. When the street
was constructed, the golf club dedicated 33 feet to
the Flag Ave right-of-way so the street could be
constructed in its current location. This resulted in
a reduction in green area between the new property
line resulting from the street dedication and the
parking lot. The reduced green area created a difficulty for the golf club to locate a sign on the
property that meets the required setbacks.
The BOZA voted 3-1 to approve the variance request.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 5
Date: April 27, 2017
Variance: Side setback
Location: 4306 36th Street West
Applicant: Kristy and Nigel Dahlvang
The Applicants requested a variance to allow the
side yard setback so the single-family home
could be converted to a duplex. The property is
zoned R-3 Two-Family Residence, so the
conversion is allowed in the district. Duplexes,
however, require a greater side yard than single-
family homes. Duplexes require a six foot side
yard, and the home has a five foot side yard.
The BOZA voted, 4-0, to approve the request with
a condition that any future additions must meet the
setbacks required at the time the additions are
requested.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 6
Date: July 27, 2017
Variance: Variance to required minimum number of parking spaces.
Location: 3402 Library Lane
Applicant: Lara Dietrich
The Applicant operates the
Maestoso Music Studio
located at 3402 Library Lane.
They desired to expand the
studio into the adjacent
commercial space. To do so,
however, they needed a
variance to the required
number of parking spaces.
The property is 11,120 square
feet in area, and is improved
with a multi-tenant building
constructed in 1954. The
Applicant currently occupies
the ground floor of the third tenant space (outlined in yellow in the photo below), and desired to
expand the studio into the adjacent commercial space (dash outline). The existing studio is
approximately 1,500 sf. The proposed space is approximately 2,900 sf. The total area of the
combined space is approximately 4,400 sf.
The BOZA approved the variance (4-0) citing the abundance of public parking in the Walker Lake
area.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 7
Date: July 27, 2017
Variance: Variance to the Maximum allowed floor area for Salon uses.
Location: 3947 Excelsior Blvd
Applicant: Patrick Crowe/Salt Salon Spa
The Applicant purchased the property
with the intent of opening a 3,750
square foot Salon/Spa business. The
C-1 Neighborhood Commercial
district allows salons up to 2,500
square feet in area. The variance was
requested to increase the allowed floor
area from 2,500 square feet to 3,750
square feet for the proposed Salt Salon
Spa.
The BOZA approved the application
on a 4-0 vote.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 8
2018 Annual Report
Environment & Sustainability Commission
I.2017 Goals and Key Initiatives: Provide a progress report on your 2017 goals and
list the most significant activities undertaken in 2017.
ESC accomplishments, aligned by 2017 goals, include:
a.Comprehensive Planning
i.Assisted in visioning process for Comprehensive Plan development
1. Held six Vision 3.0 sessions with community members
b.Climate / Energy Action Planning
i.Led a successful WindSource campaign in Spring 2017 (42 official sign-
ups, and more than 100 new Windsource accounts in that time frame)
ii. Drafting of the Climate Action Plan (with Great Plains Institute and LHB)
iii.Achieved Step 3 in GreenStep Cities (June 2017)
c.Communications Work
i.Furthered the community’s awareness and education on environment and
sustainability topics (by hosting, supporting, attending, and promoting):
1. Earth day
2. Ecotacular booth at Parktacular
ii.Re-formed the Communications Work Group in 2017 and provided
communications support to other work groups and ESC efforts, including 4
social media posts
d.Other:
i.Seven new commissioners joined ESC in 2017 – leveraging their unique
skills and experiences throughout the commission’s work (e.g., medical
professionals, communications experts, etc.)
ii.One Commission retreat conducted (December 2017) to align on 2018
priorities and strategy; brainstormed longer-term strategies
II.2018 Goals: List your board/commission’s most important goals (up to 3) for 2018.
These goals should be statements that reflect the board/commission’s highest priorities,
which may or may not change from year-to-year.
a.Begin implementation of the Climate Action Plan.
b.Assist City staff in finalizing sustainability aspects of Comprehensive Plan.
c.Create a strong communications strategy to support ESC’s work and priorities.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 9
2018 Annual Report
Environment & Sustainability Commission
III.2018 Key Initiatives/Activities: For each goal listed above, list 1-2 key initiatives or
activities that the Board/Commission will working on in 2018 that will help make
progress toward that particular goal.
a.Begin implementation of the Climate Action Plan.
i.Help understand, identify and resolve departmental resource needs (e.g.,
how staff will support the CAP, how their operational plans will have to
change to accomplish its goals)
ii.Assist with community-wide rollout, with help from Communications
Work Group; celebration in April (Earth Month) with continued rollout
b.Assist City staff in finalizing sustainability aspects of Comprehensive Plan.
i.Continue to meet with staff and consultant to refine actions/topics to be
included
ii.Provide input to consultant and staff on integrating sustainable thinking into
other areas of the Comprehensive Plan
iii.Explore sustainability action plans from other cities to understand how to
advance comprehensive plan goals in the future
c.Create a strong communications strategy to support ESC’s work and priorities.
i.Work with Climate Action Plan Work Group on the community-wide
celebration and continued rollout
ii.Work with Comprehensive Plan Work Group on language/strategy for
sustainability inclusion
iii.Work with City staff on external presence for the Commission
iv. Identify appropriate events and mediums to connect with SLP residents
IV.Race Equity and Inclusion: How may you incorporate or promote race equity and
inclusion in the key initiatives/activities identified in above?
a.Ensure underrepresented communities in St. Louis Park are involved in the rollout
of the Climate Action Plan, including at events and within communications
strategies
b.Maintain race equity and inclusion as part of SLP’s sustainability work in the
Comprehensive Plan
c.Include initiatives to engage a diverse audience in the ESC communications plan
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 10
2018 Annual Report
Environment & Sustainability Commission
d.Work with the City Council to find strategies to encourage more diverse and
inclusive participation in the ESC. Within work groups, employ inclusionary
strategies in meeting times, venues, etc.
V.Opportunities for Collaboration: What opportunities exist for collaboration – either
with another board/commission or community group – that would help you accomplish
or make progress towards one of your 2018 goals?
a.Partner with the Planning Commission on the Comprehensive Plan to ensure
sustainability is integrated throughout the city’s future vision and development
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 11
2018 Annual Report
Board or Commission: Housing Authority
2017 Goals and Key Initiatives:
1.Continue successful administration of the Housing Authority’s core federally funded rental
assistance programs including maximizing program utilization, ensuring sound fiscal
policies including securing renewal funding through the submission of competitive grant
applications and maintaining and improving the Public Housing properties:
o Provided rental assistance to approximately 500 low-income households through
HUD’s federally funded rental assistance programs, including
•Public Housing: 157 units
•Housing Choice Voucher: 268 units, including 41 units of project based
assistance at Wayside, Excelsior & Grand and Vail Place.
•Continuum of Care: 21 units at Perspectives and Pillsbury United.
•Stable Home: 38 participants in 2017, a joint partnership with Hennepin
County to provide rental assistance to homeless households.
o Maximized Program Utilization: Exceeded 98% annual occupancy in the Public
Housing Program and 100% annual utilization in the Housing Choice Voucher
Program and achieved HUD’s designated High Performer Status for the
administration of the Public Housing Program and Housing Choice Voucher
Programs.
o Completed approximately $100,000 in capital improvements to Public Housing units.
o Awarded HUD renewal grant to support the Family Self-Sufficiency program which
assists housing program participants in attaining greater economic self-sufficiency. In
2017 twenty-nine (29) Housing Choice Voucher and Public Housing program
participants enrolled in the Family Self-Sufficiency Program.
o Resident Opportunity Social Services (ROSS) Program at Hamilton House provided
on-going services for an average of 23 residents/month and completed a total of 3,555
resident visits in 2017 providing services to promote resident’s ability to live
independently. 50 different residents also attended ROSS health and wellness
presentations. The ROSS Coordinator position is funded with a three year HUD grant.
o SPARC: Staff held quarterly meetings of the SLP Rental Coalition providing
informational and educational opportunities to SLP rental owners and landlords. One
of the meetings provided an overview of the Housing Choice Voucher program.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 12
2018 Annual Report
Board or Commission: Housing Authority
2.Continue to support/promote a well maintained housing stock through the use of the city’s
housing rehab programs including the Move-Up-In-The-Park programs, the Discount Loan
Programs, the Emergency Rehab Grants and the HIA designation. Continue to explore
opportunities to address unmet housing rehab needs.
o Move-up-in-the-Park Home Remodeling Programs: Over the past year, the city
experienced continued steady use of the home expansion programs and high use of
the design and technical advisor programs. Six Move-Up-in-the-Park loans were
closed in 2017. Both the Home Remodeling Fair and Home Remodeling Tour
continue to be popular events with residents. Over 1200 attended the Remodeling
Fair and an average of approximately 300 attendees visited each house on the Home
Remodeling Tour.
o Expended CDBG funding on the following approved allocated projects/programs
within the designated timeline: Emergency Repair Program, Homes Within Reach
Affordable Housing Acquisition/Rehab, and Meadowbrook Summer Program. The
Perspectives allocation was returned to the city for reallocation in 2018 because they
did not comply with CDBG prevailing wage requirements and could not be
reimbursed for the work.
o Discount Loan Program: Discount Loan use in 2017 was consistent with last year
with 10 loans. This lower usage is a statewide trend due to an increase in loan options
and fewer homeowners using secured loans that have a lien against the property.
CEE is the loan administrator for our Discount Loan program and in addition to
these 10 loans, an additional 9 CEE loans were closed in St. Louis Park.
o The Energy Rebate program continues to be popular with over 100 rebates. 109
home energy visits were conducted through the Home Energy Squad Enhanced
program. The program is a great opportunity for residents to learn how to save
money and make their home more energy efficient.
3.Respond to opportunities to collaborate with nonprofit and for profit developers to address
housing needs in the community.
o Inclusionary Housing Policy: The Inclusionary Housing Policy was amended in 2017
increasing the required percentage of affordable housing units that must be included in
market rate residential multi-family properties receiving financial assistance from the
city. Staff also drafted a property owner compliance and monitoring guidebook.
o Kids in the Park: Staff worked in partnership with the SLP school district and STEP to
implement a shallow rent subsidy program targeted at very low income rental households
living in St. Louis Park with children attending school in SLP or their assigned
attendance school. Program is serving 9 households.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 13
2018 Annual Report
Board or Commission: Housing Authority
o Homes Within Reach Land Trust: The city provided financial assistance to facilitate the
purchase, rehab and resale of one Land Trust low income homeownership property.
There are now 16 land trust homes in St. Louis Park.
o Construction Management Plan (CMP): The Construction Management Plan
program was implemented to address neighborhood issues and concerns related to
the demolition and construction of new homes and the construction of major
additions. The CMP is primarily a neighborhood notification tool and provides
information on who to contact if issues arise during construction. In 2017 there were
45 projects: 33 additions, 10 demo/rebuild and 2 new builds.
o Staff participation continues on the Louisiana Court Development Oversight Committee.
The development is financially stable, maintaining high occupancy rates and continuing
to make improvements to the property.
o Staff continues to participate on the SWLRT Housing Committee. The Committee
developed the SW Corridor Wide Housing Strategy that was adopted by the SW
Steering Committee and the city council.
o Preservation of NOAH multi-family rental properties: Staff is partnering with other
municipalities, housing industry agencies and affordable housing advocates to
explore strategies and tools to preserve NOAH properties and protect tenants. A
workgroup with representatives from the SLP rental community and affordable
housing advocates has also been convened to try to review the strategies and
determine if there is any middle ground.
o Pilot Snow Shoveling Program: Implemented a pilot program that offers snow
shoveling services to seniors provided by Senior Community Services. The city
shares the cost of the service with the homeowner.
2018 Goals:
1.Continue successful administration of the Housing Authority’s core federally funded rental
assistance programs including maximizing program utilization, ensuring sound fiscal policies
including securing renewal funding through the submission of competitive grant applications
and maintaining and improving the Public Housing properties.
2.Continue to support/promote a well maintained housing stock through the use of the city’s housing
rehab programs including the Move-Up-In-The-Park programs, the Discount Loan Programs, the
Emergency Rehab Grants and the HIA designation. Continue to explore opportunities to address
unmet housing rehab needs.
3.Explore/support strategies to promote the creation and preservation of affordable rental and
homeownership options for low and moderate income households in the community including
both new construction and preservation of existing naturally occurring affordable housing.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 14
2018 Annual Report
Board or Commission: Housing Authority
2018 Key Initiatives/Activities: For each goal listed above, list 1-2 key initiatives or activities
that the Board/Commission will work on in 2018 that will help make progress toward that
particular goal.
Goal 1.
o Oversee the fiscal and administrative integrity of HUD’s federally funded rental assistance
programs ensuring maximize utilization and administration at a level to maintain HUD’s
High Performer Standard.
o Continue to support the submission of competitive grants applications for HUD renewal funds
to ensure continuation of the Family Self-Sufficiency Program, the Resident Service
Coordinator at Hamilton House and the Continuum of Care rental assistance program.
o Continue to review and approve the HA’s capital improvement plans for the public housing
properties owned and managed by the HA.
o Continue to support partnerships with Hennepin County, Wayside, Vail Place, STEP and the
SLP School District to continue partnering on rental assistance opportunities and continue to
seek new opportunities in the future.
Goal 2.
o Continue to market and promote the city’s housing rehab and design programs through the city’s
various media outlets, at the annual Home Remodeling Fair and annual Home Remodeling
Tour.
o Evaluate the Live Where You Work Program and work with staff to identify possible alternative
Down Payment programs that may be better utilized.
Goal 3.
o Staff will continue to explore and develop programs together with Regional NOAH
Preservation Workgroup facilitated by Urban Land Institute to preserve NOAH and create
new affordable housing opportunities and report to the HA Board for their input.
o Staff will continue to convene the SLP NOAH preservation workgroup with
representatives from the SLP rental community and the affordable housing advocates. The
HA Board will review proposed initiatives and provides input to the council.
Race Equity and Inclusion: How may you incorporate or promote race equity and inclusion in
the key initiatives/activities identified in above?
o Evaluate existing and new housing programs utilizing the Race & Equity tool to ensure
programs are inclusive.
o Continue efforts to educate landlords about the benefits of participating in the Housing
Choice Voucher program.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 15
2018 Annual Report
Board or Commission: Housing Authority
o Seek opportunities to create new affordable housing opportunities including both rental
and homeownership.
o Add information and resources on the city’s web page related to fair housing and provide
tenant and landlord resources.
Opportunities for Collaboration: What opportunities exist for collaboration - either with another
board/commission or community group - that would help you accomplish or make progress
towards one of your 2018 goals?
o Staff are collaborating with other municipalities, state and county agencies, affordable
housing advocates and housing industry agencies to explore affordable housing initiatives
on a metro/regional wide level including:
o “Convening” Workgroup: Facilitated by the Minneapolis PHA and Family
Housing Fund, this workgroup is exploring ways to improve the efficiency
and ease of Housing Choice Voucher participation for both the landlord and
the tenant through a coordinated metro wide basis.
o Regional NOAH Preservation Workgroup: Facilitated by Urban Land
Institute, regional housing agencies and advocates along with local, County
and State representatives are working together to explore NOAH
preservation and tenant protection strategies to create new affordable
housing opportunities for low income families.
Proposed strategies and program and policy changes are presented to the Board for review, input
and/or consideration for approval.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 16
2018 Annual Report
Board or Commission: Human Rights Commission
I.2017 Goals and Key Initiatives: Provide a progress report on your 2017 goals and
list the most significant activities undertaken in 2017.
a. 2017 Basic Focus Areas
i.Work with City Council to identify areas for HRC learning and advice on
city projects
ii.Host community events to learn residents’ concerns and priorities on human
rights issues, facilitate community discussions, including race and equity
iii.Engage with the community and the City Council for the advancement of
the city’s race and equity initiative
b.Key Initiatives and successes
i.Discussion and contribution to Police Department bodycam planning
1. Discussion at January, February, June, and August meetings
ii.Present screening of “13th” documentary film by Director Ava DuVernay
on race, justice, and mass imprisonment, accompanied by facilitated
discussion with the community.
1. Hosted on 2-1-17 at Lenox Community Center
iii.Community Conversations events on topics important to the community
1. Hosted four of these events in 2017
a.Safeguarding Human Rights in Changing Times (March
22nd)
b.Understanding Challenges Facing the Transgender
Community (June 6th)
c.Philando Castile Police Shooting Verdict Conversation
(June 29th)
d. Panel Discussion with Our Muslim Neighbors (Sep. 20
th)
2.Bring these events out into the community to ensure access (Lenox
Community Center, Aquila Elementary School, City Hall, and
others)
iv. Promote HRC at other community events
1. Connected with the community at “Our Town Sings” in July
2.Connected with the community at Ice Cream Social event in
v.Voted to honor Chana Shangalow with 2016 Human Rights Award
(Presented early 2017)
vi. Voted to support other important community efforts
1.April: Voted to support SLP Schools plans to address policies and
support for transgender youth
2.August: Voted to support “FairVoteMN” (ranked choice voting) and
upcoming affordable housing info event
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 17
2018 Annual Report
Board or Commission: Human Rights Commission
II.2018 Goals: List your board/commission’s most important goals (up to 3) for 2018.
These goals should be statements that reflect the board/commission’s highest priorities,
which may or may not change from year-to-year.
a.Make valuable contributions to the City’s ongoing Race equity initiative
b.Grow and strengthen collaboration with the Police Department’s Multicultural
Advisory Community and SLP Community Ed., combined with HRC’s ongoing
series of Community Conversation events
i.Cross-promote events planned for advancement of human rights and related
topics
ii.Ensure events are regularly recurring and responsive/reactive to community
concerns
c.Develop and fulfill advisory role as trusted resource for City Council
III.2018 Key Initiatives/Activities: For each goal listed above, list 1-2 key initiatives or
activities that the Board/Commission will working on in 2018 that will help make
progress toward that particular goal.
a.For the first goal above, the HRC will seek regular updates on the City’s Race
equity growth initiative and provide input to the City Council and other City leaders
derived from community conversations
i.The HRC’s annual Human Rights award nominees for 2018 will be
considered with an eye toward race/equity
b.For the second goal above, the HRC will approach every program or event initiative
combined with consideration of opportunities to collaborate with local
organizations with a similar focus. This will enhance the group’s outreach and
opportunities to learn from the community.
i.Community Conversations (at least three in 2018) with reports back to
council when appropriate
c.For the third goal above, the HRC will regularly seek opportunities to offer its voice
to Council discussions, and through that provide additional voices from the
community itself
i.Invite Council members to attend HRC meetings and advise City Council
of important topics placed on HRC meeting agendas for discussion
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 18
2018 Annual Report
Board or Commission: Human Rights Commission
IV.Race Equity and Inclusion: How may you incorporate or promote race equity and
inclusion in the key initiatives/activities identified in above?
The HRC’s ongoing series of Community Conversations (formerly Coffee-and-
Cultural Chats) show a consistent focus on the promotion of race/equity issues in the
community. 2017 events addressed transgender issues, youth issues, religious freedom
and education, and the relationship between law enforcement and the community. This
focus will be continued in 2018 with current topics for Community Conversations (at
least three in 2018) that are responsive to this diverse community’s needs.
V.Opportunities for Collaboration: What opportunities exist for collaboration - either
with another board/commission or community group - that would help you accomplish
or make progress towards one of your 2018 goals?
The HRC’s second goal and related key initiatives, above, are expressly intended to
focus on collaboration with other community groups, institutions, and entities. At its
September 2017 meeting, the Commission directed much of its focus on collaboration
as a goal—particularly strengthening its connection to such organizations as SLP
Community Ed, the Police Advisory Commission, and the Police Dept.’s Multicultural
Advisory Committee (MAC). At the start of 2018 the HRC is working with both groups
to review and comment on the Police Department’s planned bodycam policy and will
explore opportunities throughout 2018 to co-sponsor and cooperatively plan
community events.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 19
2018 Annual Report
Board or Commission: Parks & Recreation Advisory Commission
I.2017 Goals and Key Initiatives: Provide a progress report on your 2017 goals and list
the most significant activities undertaken in 2017.
•Community Group Relationships. In 2017 the Commission met with Girl Scout
Troop 14177, Little League Association and the Fastpitch Softball Association to
build relationships and obtain knowledge regarding group use of city park facilities.
•Fastpitch Softball Field Recommendation. Two members of the Commission
served on the Fastpitch Softball Field Task Force. The Commission provided
recommendation to the City Council for proposed youth fastpitch and adult softball
fields.
•Support City Initiatives. PRAC supported the planning and design phase of the
skate park by providing a member in the planning process. The skate park was a
cooperative project with the Engineering Department as a stormwater detention
vault was created under the skate park. The stormwater detention vault provides
stormwater treatment and rate control to a 42-acre sub-watershed which is projected
to remove 27.6 pounds of total phosphorus from the watershed annually. The
Commission continues to support Connect the Park initiative. The Commission
hosted an appreciation lunch for Parks and Recreation staff on October 5 at Oak
Hill Park.
•Support the ROC. Commissioners volunteered at special events held at the ROC,
and assisted in developing ideas for programs and events to ensure maximum
utilization of facility.
•Natural Resource Efforts in Parks. The Commission assisted in connecting
people in the community with emphasis on environmental items such as organizing
the annual Minnehaha Creek Clean Up (April 29) and participated in annual Arbor
Day Event (May 6 ). The Commission encouraged the City’s Zero Waste initiative
and recycling in the parks. Reviewed key initiatives relating to natural resources in
park areas.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 20
2018 Annual Report
Board or Commission: Parks & Recreation Advisory Commission
II.2018 Goals: List your board/commission’s most important goals (up to 3) for 2018.
These goals should be statements that reflect the board/commission’s highest priorities,
which may or may not change from year-to-year.
a.Community Group Relationships
b. Support Westwood Hills Nature Center’s Project Public Process
c. Review Park / Field Naming Requests
d. Comprehensive Plan Review
e.Support City Initiatives
III.2018 Key Initiatives/Activities: For each goal listed above, list 1-2 key initiatives or
activities that the Board/Commission will working on in 2018 that will help make
progress toward that particular goal.
a.Community Group Relationships
•Continue to assist in facilitating interested groups and other park and recreation
users (Girls Scouts, Friends of the Arts, Youth Athletic Associations, Dog Park
users, Historical Society).
•Review annual participation numbers and space utilization for youth athletics
to analyze trends.
b.Support Westwood Hills Nature Center public process
•Support public process for the advancement of the Westwood Hills Nature
Center project.
•Assist in a communication plan to raise awareness for the project(s).
c. Review Park/Field Naming Requests
•Review framework for changing park/field names.
•Review policies to include naming disputes.
d.Comprehensive Plan Review
•Ensure the plan includes all park and recreation key initiatives.
•Review key initiatives relating to natural resource areas of parks.
e.Support City Initiatives
•Support National Resource efforts in our parks.
•Attend and assist with Great River Greening, Arbor Day and the Minnehaha
Creek Clean up.
•Attend volunteer and help lead the initiatives in our parks.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 21
2018 Annual Report
Board or Commission: Parks & Recreation Advisory Commission
IV.Race Equity and Inclusion: How may you incorporate or promote race equity and
inclusion in the key initiatives/activities identified in above?
•Review Capital Improvement Projects and programs with a race and equity lens.
•Invite Race and Equity coordinator to meet with Commission to discuss future
opportunities.
V.Opportunities for Collaboration: What opportunities exist for collaboration - either
with another board/commission or community group - that would help you accomplish
or make progress towards one of your 2018 goals?
The Parks and Recreation Advisory Commission continually embrace collaboration.
They collaborate with the Engineering Department on various projects throughout the
city, the skate park/stormwater detention vault is an example of this collaboration.
The Commission collaborates with the Community Development department to ensure
the Comprehensive plan includes all park and recreation key initiatives.
A joint meeting with the Planning Commission and Environment & Sustainability
Commission has been scheduled for April 4, 2018.
The Commission regularly invites various youth associations and city groups to review
trends in the community and ensure all groups are served.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 22
2018 Annual Report
Board or Commission: Planning Commission
The Planning Commission is a seven member advisory group of citizen volunteers appointed by
the city council. The 2017 members included Lisa Peilen (Chair), Carl Robertson (Vice-Chair),
Claudia Johnston-Madison, Lynne Carper, Torrey Kanne, Richard Person, Joe Tatalovich (School
Board Representative), and Ethan Rickert (Youth Member).
Commissioners pride themselves in their thoughtful consideration of applications. Commissioners
review detailed staff reports, conduct fair and civil public hearings, discuss complex issues in study
sessions, and make sound recommendations in a timely fashion.
I.2017 Goals and Key Initiatives:
a.Key Duties:
i.Review Comprehensive Plan amendments, development projects, and
zoning studies and amendments
ii.Hold public hearings and make recommendations to the city council
b.2017 Activities: The commission reviewed 13 applications in 2017, including:
i.Developments: Platia Place, Via, The Elmwood, Parkway 25, Knollwood
Chick-Fil-A, Carpenter Park Stormwater Project, American Legion, Water
Treatment Plant 4
ii.Code amendments: Accessory dwelling units to religious institutions,
electric vehicle charging stations, small cell wireless facilities, mixed-use
zoning district, outdoor storage, third shift in industrial zones
II.2018 Goals and Key Initiatives/Activities:
a.Review Development Applications
i.Hold study sessions and hearings in order to make informed
recommendations to city council
b.Comprehensive Plan Process
i.Review existing Comprehensive Plan
ii.Provide input into the community outreach strategies
iii.Insure the community’s vision and priorities are incorporated
iv.Review drafts of the St. Louis Park 2040 Comprehensive Plan
v.Hold a public hearing on the draft St. Louis Park 2040 Comprehensive Plan
and make recommendations to City Council
c.Zoning Code Studies
i.Recommend Mixed-Use zoning district ordinance
ii.Recommend electric vehicle charging station ordinance
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 23
2018 Annual Report
Board or Commission: Planning Commission
iii.Recommend small cell wireless facilities ordinance
iv.Review architectural materials requirements
v.Review the Form-Based Code and work toward formal adoption
vi. Review other zoning ordinance amendments and updates
1. Light industrial uses
2.Bird-friendly glass
3. Dark skies ordinance
III.Race Equity and Inclusion
a.Incorporate racial equity into the goals of the St. Louis Park 2040 Comprehensive
Plan.
b.Identify strategies to broaden participation and reduce barriers that may be present,
including transportation, child care, meeting times and locations, methods of
collecting input, notification methods, etc.
IV.Opportunities for Collaboration
a.Conduct joint meetings on updates to specific chapters of the Comprehensive Plan
with the Parks and Recreation Advisory Commission and the Environment &
Sustainability Commission.
b.If commissioner training on variance applications occur, include the Board of
Zoning Appeals.
**A more detailed Annual Report including development activity for the year is available on the
Planning Commission page on the city website.
https://www.stlouispark.org/government/boards-commissions/planning-commission
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 24
1
2018 Annual Report
Board or Commission: Police Advisory Commission
I.2017 Goals and Key Initiatives: Provide a progress report on your 2017 goals and
list the most significant activities undertaken in 2017.
Among the goals of the Police Advisory Commission are enhancing awareness of the
police department and promoting exchanges between the police department and the
community. Towards this end, in 2017 the Police Advisory Commission:
1.Participated in activities such as the Children First Ice Cream Social, Citizen’s
Academy Fall 2017 (1 commission member participating), accompanied police
officers for a work shift ride along (2 commissioners participating) and Parktacular
where informational literature was distributed. Commissioners also attended block
parties for National Night Out.
2.Assisted in organizing and staffing the 11th annual Crime Prevention Fund Golf
Tournament which $6,091.29 for the Crime Prevention Fund, two commissioners
volunteered at this event.
3.Welcomed five new commissioners with an introductory tour of the police
department and discussion of commission objectives and roles. A student
commissioner was added in 2017 to a full complement of eleven commissioners.
The terms of three commissioners will end in May this year.
4.Supported the continuation of Citizens Academy, which met for ten weeks during
the fall. One member of the committee attended and evaluated these sessions as
very informative.
5.Reviewed the Use of Force Policy with input for grammatical changes and the
addition of information about de-escalation practices and special techniques unique
to SLP PD and their model of community policing.
6.Commissioners attended the four-part Police Presentations to St. Louis Park City
Council- including;
a.St. Louis Park Police service delivery model including Community Oriented
Policing, police officer hiring standards, recruitment, hiring, and training of
officers.
b.Police policies and procedures on biased policing, when to initiate a stop or
detention, arrest and booking procedures, vehicle pursuits, and use of force
procedures.
c.Examples of current issues facing policing, challenging citizen contacts, and
use-of-force decision making.
d.Examine critical incidents and how council would work with the police
department, city manager, communications manager and consultants.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 25
2
2018 Annual Report
Board or Commission: Police Advisory Commission
7.Commissioner attended Sex Trafficking presentation in September.
8. Public Service Announcement (PSA) Videos: Texting/driving PSA
completed/reviewed, Traffic stops PSA was reviewed/feedback given. May do
future PSA on bike trails. Commission requested PSA’s be put on police
department website.
9.Welcomed many new officers and lieutenants, as well as newly appointed Chief
Harcey.
10.Drafted and reviewed Body Worn Camera (BWC) memo; provided input into the
policies and procedures regarding their use, reviewed and approved the draft memo
to council on implementation on body worn cameras. Will continue to work on this
project as community input is needed.
II.2018 Goals: List your board/commission’s most important goals (up to 3) for 2018.
These goals should be statements that reflect the board/commission’s highest priorities,
which may or may not change from year-to-year.
1. Successful Planning/Coordination of a 5K fundraiser
2.Improving Citizen Survey
3. Improve representativeness of community input.
4. Review and provide comment on a new BWC draft policy
III.2018 Key Initiatives/Activities: For each goal listed above, list 1-2 key initiatives or
activities that the Board/Commission will working on in 2018 that will help make
progress toward that particular goal.
a.Collaborate with the Human Rights Commission (HRC) and the Multi-Cultural
Advisory Commission (MAC) to review and provide comment on a new BWC draft
policy
b.Successful Planning/Coordination of a 5K fundraiser with hopes of it becoming an
annual community event.
i.Planned for April 29, 2018. Approved by department, co-sponsored with
Park Flyers running club. Will have kids run and “race a cop” events.
ii.Reaching out to community businesses for donations/participation.
c.Improving Citizen Survey
i.Working on citizen’s surveys- increasing amount received back, using data
more effectively for future planning, adding more demographic questions
about race, age, and gender orientation. Collecting more data on police stops
(like MPLS and St Paul are doing).
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 26
3
2018 Annual Report
Board or Commission: Police Advisory Commission
ii.Possibly applying for an outside grant to aid in this process.
d. Improve representativeness of community input.
i.Inviting community leaders to meet with the commission, increasing visibility
of commission, personally inviting others we think would bring diverse
perspectives to commission. Already invited: Susan Niz, Jeff Roy and Adebisi
Wilson
ii. Try to recruit diverse commission members.
IV.Race Equity and Inclusion: How may you incorporate or promote race equity and
inclusion in the key initiatives/activities identified in above?
1.One of our key initiatives is to further diversify the commission. We have attempted
to do this by adding women, and inviting community leaders from active, diverse
groups to come to meetings or meet individually with commissioners. Our aim is
to engage all members of the St. Louis Park community, specifically those who
may not be personally represented on the commission.
2.Reaching out to the MAC and HRC for input on memos (BCM) and other initiatives
from the PD
3.Improving the survey experience to add more information on race/cultural
experiences in SLP
V.Opportunities for Collaboration: What opportunities exist for collaboration - either
with another board/commission or community group - that would help you accomplish
or make progress towards one of your 2018 goals?
1.Collaborating with MAC on contacting community partners from different cultural
and ethnic groups across St. Louis Park
2.Work with the new St Louis Park racial equity coordinator, Alicia Sojourner as we
develop our ideas.
3.Continue meet-ups/meeting invitations to key community partners/heads of groups
4. Reaching out to other cities (MPLS, St. Paul) for information on BCM, or surveys
5.Currently collaborating with Park Flyers to hold joint fundraiser “fun run” in April
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 27
2018 Annual Report
Board or Commission: Telecommunications Advisory Commission
I.2017 Goals and Key Initiatives: Provide a progress report on your 2017 goals and list
the most significant activities undertaken in 2017.
a.Review small cell and distributed antenna systems permitting in St. Louis Park to ensure
St. Louis Park is ready to be in the first wave to benefit from these technologies.
Chief Information Officer Clint Pires gave an update on the proposed master license
agreement with Verizon on February 8. A guest speaker from AT&T canceled twice, so
Commissioner Abe Levine recruited an expert from a different wireless provider who will
attend the May 9, 2018, meeting. City staff provided League of Minnesota Cities
background on the small cells bill that passed.
b.Bring the highest speed fiber networks to city residences and businesses in the short term,
and maintain high performance over the long term.
On February 8 and December 13, CIO Pires provided status updates on US Internet
progress. Commissioners attended each of the quarterly meetings with CenturyLink to
monitor franchise enforcement and the roll out of gig-capacity internet.
c.Recommend ways to use high performing fiber and wireless networks, once established,
to enhance livability in the city.
Commissioners Browning and Levine volunteered for a “smart cities” subcommittee to
tackle this topic, and exchanged numerous ideas with staff via emailed articles. The first
meeting was in January 2018.
In addition to these three key goals, city council strategic goals were discussed February 8, May
10 and July 26. On May 10 the commission discussed the city council strategic goal of supporting
public and private schools and community education initiatives. Suggestions included offering
learning opportunities to all ages on topics like cyber security, setting up home networks and phone
safety. The consensus was to meet with St. Louis Park School District technology staff to see if
they have a wish list that the city could support.
On October 25, the commission discussed the city council strategic goal of using broadband to
improve quality of life. The first topic addressed was a St. Paul Public Library innovation of
checking out mobile hot spots to allow internet access. There was a broad discussion about the
Wi-Fi the city currently provides, improving access to underserved people, the St. Louis Park
School District referendum and other topics. Communications and Marketing Manager Jacque
Larson said that PCs for People is a nonprofit that helps with the digital divide by providing low-
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 28
2018 Annual Report
Board or Commission: Telecommunications Advisory Commission
cost computer equipment and internet access, as well ongoing tech support for those resources.
PCs for People attended the August 2017 CommunityLink event to share information with city
residents; and the city is exploring using PCs for People to recycling outdated computer equipment.
Commissioner Rolf Peterson said he would contact the St. Louis Park School District to find out
if they have studies or information about underserved communities, ranging from youth to seniors.
II.2018 Goals: List your board/commission’s most important goals (up to 3) for 2018. These
goals should be statements that reflect the board/commission’s highest priorities, which
may or may not change from year-to-year.
a.Review small cell and distributed antenna systems permitting in St. Louis Park to
ensure St. Louis Park is ready to be in the first wave to benefit from these technologies.
This goal is carried over from 2017.
b.Learn about the franchise renewal process to be ready to assist with the key public
process steps along the way. The city’s franchises with Comcast and CenturyLink end
in early 2021, and the process begins three years before the end of the franchise.
c.Follow up on 2017 discussions about city council goals related to the St. Louis Park
School District, and develop achievable action items to submit to the city council.
III.2018 Key Initiatives/Activities: For each goal listed above, list 1-2 key initiatives or
activities that the Board/Commission will working on in 2018 that will help make progress
toward that particular goal.
a.A wireless industry guest and Engineering Director Deb Heiser are invited to the May
9 commission meeting to talk about 5G wireless deployments and right-of-way
management.
b.A meeting with cable franchise attorney Brian Grogan is scheduled for July 25 to
provide background on the franchise renewal process.
c.Follow up with the St. Louis Park School District on the ideas discussed in 2017 is the
next step, and identifying actionable plans where the city might assist.
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 29
2018 Annual Report
Board or Commission: Telecommunications Advisory Commission
d.Race Equity and Inclusion: How may you incorporate or promote race equity and
inclusion in the key initiatives/activities identified in above?
a.The smart cities subcommittee plans to provide suggestions to benefit as much of the
community as possible and to seek technology solutions to promote race equity.
b.A follow-up item with the St. Louis Park School District is to find out if they have
studies on underserved communities ranging from youth to seniors, and finding
resources to narrow the digital divide.
e.Opportunities for Collaboration: What opportunities exist for collaboration - either with
another board/commission or community group - that would help you accomplish or make
progress towards one of your 2018 goals?
a. Smart cities suggestions include energy efficiency and smart lighting, so perhaps the
smart cities subcommittee could meet with staff liaisons or commissioners from the
Environmental and Sustainability Commission.
(Additional information on next pages)
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 30
2018 Annual Report
Board or Commission: Telecommunications Advisory Commission
2018 Telecommunications Advisory Commission Work Plan
January/February/March: Written Annual Report to City Council
March 14
•Comcast engineer to describe the DOCSIS 3.1 standard, and advantages to customers and
Comcast. Also, other Comcast Smart Cities initiatives.
•ParkTV marketing, programming and equipment report for 2017
•Review annual report to council & feedback from council, if available
•Franchise renewal overview & plans for 2018
May 9
•Guest expert from the wireless industry to talk about 5G and the potential impacts on cable
TV in St. Louis Park
•City Engineer Deb Heiser to talk about right of way management with 5G and the new
small cell law implementation
•Report from Commission’s smart cities subcommittee (Bruce Browning, Abe Levine, Clint
Pires, Jacque Larson, John McHugh & Reg Dunlap)
•Review Comcast first quarter complaint log
•Review CenturyLink first quarter summary
July 25
•Review staff report on CenturyLink second quarter
•Background on franchise renewal timelines and alternatives, possibly with Brian Grogan
•Brainstorm needs for next franchises with Comcast & CenturyLink
•Consider compiling a customer “Bill of Rights,” incorporating Arlington, Va., info with
Comcast Customer Service Guaranty.
October 10
•Review staff report on CenturyLink third quarter
•Review Comcast third quarter complaint log
•Consider franchise fee review for Comcast and CenturyLink for 2016-2018
December 12
•Chief Information Officer update
•Draft 2018 annual report
•Set meetings for 2019
•Draft 2019 work plan
•Elect Chair & Vice Chair, effective next meeting
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 31
2018 Annual Report
Board or Commission: Telecommunications Advisory Commission
Other 2017 Telecommunications Advisory Commission information
eNATOA webinars
Staff subscribes to monthly training webinars conducted by the National Association of
Telecommunications Officers and Advisors (NATOA). This year the topics included small cells,
social media, closed captioning, drones and over the top programming like Netflix and Hulu.
Commissioner Browning attended at least five webinars, and the YouTube video of each seminar
was sent to all commissioners.
MACTA Annual Conference
The Minnesota Association of Community Telecommunications Advisors (MACTA) is the state
chapter of NATOA, and holds a full-day educational conference each year. Commissioner
Browning attended the 2017 conference in St. Paul.
Meeting Attendance for 2017
Council Study
Session
2/27/17 2/8/17 5/10/17 10/25/17 12/14/16
Total
meetings
attended/held
Chair Maren Anderson X X X X X 5/5
Vice Chair Abe Levine X X X X X 5/5
Bruce Browning X X X X 4/5
David Dyer X X X 3/5
Cindy Hoffman X X X X X 5/5
Nathan Munson
Appointed 5/15/17
X X 2/2
Rolf Peterson X X X X 4/5
City Council Meeting of March 19, 2018 (Item No. 4i)
Title: Approve Boards and Commissions Annual Reports Page 32
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4j
EXECUTIVE SUMMARY
TITLE: Lifetime Fitness – Conditional Use Permit
RECOMMENDED ACTION: Motion to Adopt Resolution granting a Conditional Use Permit
(CUP) for Lifetime Fitness allowing the excavation of 1,034 cubic yards of material to construct
an addition to their existing facility at 5525 Cedar Lake Road, subject to conditions.
POLICY CONSIDERATION: Does the CUP request meet the criteria of the Zoning Ordinance?
SUMMARY: Lifetime Fitness submitted a conditional use permit application to construct a 5,123
square foot addition on the south side of the existing building at 5525 Cedar Lake Road.
The plans estimate 1,034 square cubic yards of soils will be excavated from the site. A conditional
use permit is required to excavate or fill more than 400 cubic yards.
The planning commission conducted the public hearing on March 7, 2018, at which point no one
testified. The planning commission recommended approval on a 6-0 vote.
FINANCIAL OR BUDGET CONSIDERATION: Not applicable.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Discussion
CUP Resolution
Prepared by: Jacquelyn Kramer, Associate Planner
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City Council Meeting of March 19, 2018 (Item No. 4j) Page 2
Title: Lifetime Fitness – Conditional Use Permit
DISCUSSION:
LOCATION:
Comprehensive Plan:
COM Commercial
Zoning District:
C-2 General
Commercial
Neighborhood:
Blackstone
Surrounding Uses:
South: Railroad,
Westside Center
West: Multi-family
residential
North: Commercial
East: Commercial
Background: Lifetime Fitness purchased the health club from Northwest Racquet and Swim Club
in 2003. Since then, Lifetime Fitness has completed substantial remodel projects to the building
and built a parking ramp in 2013.
Proposal: Lifetime Fitness proposes construction of a 5,123 square foot addition to their existing
facility. This addition would be attached to the south side of the building, facing the railroad tracks,
North Cedar Lake Regional Trail, and Westside Center beyond. The space will be used for high
intensity interval training.
Parking: Lifetime Fitness has 842 existing parking spaces between surface parking and the
parking ramp. The proposed expansion would require 26 parking spaces per the city’s zoning
ordinance. The existing parking facilities are sufficient to capture this increased parking demand.
Conditional Use Permit for Excavating: A conditional use permit is required to import or export
more than 400 cubic yards of soil. The proposed plan requires the removal of approximately 1,034
cubic yards of material to construct the new addition and replace the existing turf pad. It is
anticipated that it will take 150 truckloads to remove and haul in the material. Trucks will haul
material on Cedar Lake Road to Highway 100 north and south.
Construction Hours: City code allows construction to occur Monday through Friday 7 a.m. to 10
p.m. and on weekends from 9 a.m. to 10 p.m
Construction Duration: Construction for the addition is proposed to begin in spring 2018.
Construction is anticipated to last approximately 12 weeks.
Public Comments: Staff received no comments from the public on this project.
Location of
Expansion
Cedar Lake Road
City Council Meeting of March 19, 2018 (Item No. 4j) Page 3
Title: Lifetime Fitness – Conditional Use Permit
Planning Commission: The Planning Commission held a public hearing on March 5, 2018, at
which point no one testified. City staff have received no comments or concerns regarding this
project.
The Planning Commission voted 6 to 0 to recommend approval of the Conditional Use Permit for
1,034 cubic yards of excavation to allow construction of the building addition.
Staff Recommendation: Staff recommends approval of the conditional use permit for 1,034 cubic
yards of excavation and to allow construction of the building addition with the following
conditions:
1. The site shall be developed, used and maintained in conformance with the Official Exhibits.
2. All required permits shall be obtained prior to starting construction, including but not limited
to:
a. NPDES Grading/Construction Permit.
b. City of St. Louis Park Erosion Control and Building Permits.
c. A stormwater management permit from the Minnehaha Creek Watershed District.
3. Stormwater Management: A complete soils report shall be submitted prior to permitting for
City Engineering Department review and approval.
City Council Meeting of March 19, 2018 (Item No. 4j) Page 4
Title: Lifetime Fitness – Conditional Use Permit
RESOLUTION NO. 18-____
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-79(b) OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT EXCAVATION OF FILL FOR
PROPERTY ZONED C-2 GENERAL COMMERCIAL ZONING
DISTRICT LOCATED AT 5525 CEDAR LAKE ROAD.
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Lifetime Fitness has made application to the City Council for a Conditional Use Permit under
Section 36-79(b) of the St. Louis Park Ordinance Code for the purpose of excavation and
export of soils within a C-2 General Commercial Zoning District located at 5525 Cedar Lake
Road for the legal description as follows, to-wit:
Real property in the City of St. Louis Park, County of Hennepin, State of Minnesota,
described as follows: That part of the East 460.00 feet of Government Lot 1, Section
9, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin
County, lying Northerly of the Burlington Northern, Inc., right-of-way, which lies
Southerly of the centerline of Old Cedar Lake Road.
Also, that part of the West 40.00 feet of the Northwest Quarter of the Northwest
Quarter of Section 31, Township 29 North, Range 24 West of the 4th Principal
Meridian, lying Northerly of the Burlington Northern, Inc., right-of-way, which lies
Southerly of the centerline of New County Road No. 16.
Also, that part of the Northwest Quarter of the Northwest Quarter of Section 31,
Township 29, Range 24, lying Northerly of the Great Northern Railroad (now
Burlington Northern, Inc.) Right-of-Way and Southerly of the center line of New
County Road No. 16, and which lies Easterly of a line 40.00 feet East, measured at
right angles to and parallel with the West line of said Northwest Quarter of the
Northwest Quarter, according to the United States Government Survey thereof, and
situate in Hennepin County, Minnesota, except that part acquired by the County of
Hennepin in Deed Document No. 4517060, recorded in the office of the Hennepin
County Recorder.
Said property also described on the Survey made by Bock & Clark's National
Surveyors Network dated October 16, 2006, last revised November 15, 2006, and
designated as Job No. 20061310-001, described as follows: Beginning at the
Southwest corner of the property, as depicted on survey; thence, on an assumed
bearing of NO degree 03 minutes 44 seconds W, 816.71 feet; thence, along a non-
tangential curve concave to the North, (curve data: central angle= 32 degrees 12
minutes 46 seconds, Radius = 716.20 feet, Length= 402.66 feet); thence, N 76
degrees 20 minutes 13 seconds E, 64.82 feet; thence, S 0 degree 03 minutes 44
seconds E, 132.98 feet; thence S 63 degrees 43 minutes 29 seconds E, 44.63 feet;
thence, SO degree 03 minutes 44 seconds E, 42.16 feet; thence, along a non-
tangential curve concave to the Northeast, (curve data: central angle - 29 degrees 09
minutes 08 seconds, Radius= 347.00, Length= 176.55 feet); thence, S 69 degrees 36
City Council Meeting of March 19, 2018 (Item No. 4j) Page 5
Title: Lifetime Fitness – Conditional Use Permit
minutes 06 seconds E, 225.00 feet; thence, N 20 degrees 23 minutes 54 seconds E,
41.38 feet; thence, along a non-tangential curve concave to the Northeast, (curve
data: central angle = 19 degrees 39 minutes 31 seconds, Radius = 818.51, Length =
280.84);thence, S 06 degrees 37 minutes 01 second W, 40.00 feet; thence, S 72
degrees 41 minutes 15 seconds W, 1196.54 feet back to the point of beginning.
Abstract Property
2. The City Council has considered the advice and recommendation of the Planning Commission
(Case No. 18-04-CUP) and the effect of the proposed excavation of 1,034 cubic yards of
material 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, and compliance with the intent of the Zoning
Ordinance.
3. The Council has determined that the excavation of 1,034 cubic yards of material will not be
detrimental to the health, safety, or general welfare of the community nor will it cause serious
traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and
is in harmony with the general purpose and intent of the Zoning Ordinance and the
Comprehensive Plan.
4. The contents of Planning Case File 18-04-CUP are hereby entered into and made part of the
public hearing record and the record of decision for this case.
Conclusion
The Conditional Use Permit to permit export 1,034 cubic yards of material at the location
described is hereby granted based on the findings set forth above and subject to the following
conditions:
1. The site shall be developed, used and maintained in conformance with the Official
Exhibits.
a. Sheet A1.00: Title Sheet
b. Sheet A2: Exterior Elevations
c. Sheet C1.00: Removals and Site Plan
d. Sheet C2.00: Landscape Plan
e. Sheet C3.00: Erosion Control Plan
f. Sheet C4.00: Details
2. Assent form and official exhibits must be signed by applicant (or applicant and owner
if applicant is different from owner) prior to issuance of a building permit.
3. All required permits shall be obtained prior to starting construction, including but not
limited to:
a. NPDES Grading/Construction Permit.
b. City of St. Louis Park Erosion Control and Building Permits.
c. A stormwater management permit from the Minnehaha Creek Watershed
District.
4. Stormwater Management: A complete soils report shall be submitted prior to
permitting.
5. Approval of a Building Permit, which may impose additional requirements.
6. In addition to any other remedies, the developer or owner shall pay an administrative
fee of $750 per violation of any condition of this approval.
City Council Meeting of March 19, 2018 (Item No. 4j) Page 6
Title: Lifetime Fitness – Conditional Use Permit
Reviewed for Administration: Adopted by the City Council March 19, 2018
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4k
FIRE CIVIL SERVICE COMMISSION MINUTES
September 18, 2017 – 8:30 a.m.
FIRE STATION 1
1. The meeting was called to order at 8:30 a.m. by Commissioner Williams.
2. In attendance were Commissioners Stuart Williams and Bob Tift. President Bill MacMillan
was absent. Also present were Nancy Deno, Deputy City Manager/HR Dir./Staff Liaison;
Steve Koering, Fire Chief; John Wolff, Deputy Fire Chief; Cary Smith, Assistance Chief and
Union President/Lieutenant Eva Hansen.
3. The commission discussed the June 12 minutes. Commissioner Williams talked about #5
where they state meetings will not be held on Mondays and will be held after 9am. The
commissioners discussed that there may be times when the Chief needs a meeting on a
Monday before 9am so a modification should be added. Minutes of the June 12, 2017 Fire
Civil Service meeting were approved with a change to the first sentence in #5 to add “except
as needed”, to address the possible need for a meeting on a Monday before 9am. Minutes
were approved as amended.
4. Deputy Chief Wolff presented the firefighter recruitment 2017 eligibility roster.
Commissioner Williams asked questions about the process and if it contained St. Louis Park
part time firefighters. Chief Koering and Deputy Chief Wolff described the process and the
experience of the candidates on the list recommended for approval. Motion was made by
Commissioner Tift and seconded by Commissioner Williams to approve the 2017 Firefighter
eligibility roster. Motion carried.
5. Deputy Chief Wolff presented the recommended recruitment process for Fire Captain. The
process is very similar to the past process. The current list expires in February 2018. Motion
was made by Commissioner Tift and seconded by Commissioner Williams to approve the
list. Motion carried.
6. Other business: Chief Koering provided an update on President MacMillan.
7. The Commission adjourned at 8:38 a.m.
Respectfully submitted,
Nancy Deno
Deputy City Manager/HR Director/City Staff Liaison
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4l
OFFICIAL MINUTES
PLANNING COMMISSION STUDY SESSION
ST. LOUIS PARK, MINNESOTA
JANUARY 17, 2018 – 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Claudia Johnston-Madison, Torrey Kanne, Richard Person
MEMBERS ABSENT: Lynne Carper, Lisa Peilen, Carl Robertson, Joe Tatalovich
STAFF PRESENT: Jacquelyn Kramer, Jennifer Monson, Sean Walther
1. Bridgewater Bank development proposal at Excelsior Blvd. and Monterey Dr.
Jennifer Monson, Planner, provided a summary of the preliminary development proposal.
Commissioner Johnston-Madison asked if parking is the same as was proposed with the
previous proposal.
Sean Walther, Planning and Zoning Supervisor, responded that the concept plan includes
248 parking stalls. The previous Dominium proposal had 380 parking stalls. The access
may be somewhat different.
Commissioner Johnston-Madison asked about the cantilevered section of the building.
She asked about four retail spots.
Ms. Monson said these could be multiple retail spaces, space for a restaurant, or retail
spaces and a very large restaurant.
Ms. Monson presented a preliminary site plan of the site. She pointed out entrance and
exit points. She stated that a traffic study is being finalized.
Claudia Johnston-Madison asked about Monterey Avenue and exiting Trader Joe’s.
Staff responded drivers would have to turn right onto Monterey or turn left on Park
Commons and go out at Meridian Avenue S. or Grand Way to reach Excelsior Boulevard.
Claudia Johnston-Madison spoke about concerns regarding adjacent nursing home
parking.
Ms. Monson said the project conversations include restoring the nursing home drive aisle
to a larger width, and preserving adequate parking for the nursing home.
Commissioner Kanne said the right turn only coming out of Trader Joe’s makes no sense
for residents as many residents use Monterey to get to their neighborhoods. Now they’ll
be forced onto Excelsior Blvd., adding more time to their commuting in their own
neighborhoods.
Page 2 City Council Meeting of March 19, 2018 (Item No. 4l)
Title: Planning Commission Meeting Minutes of February 21, 2018
Commissioner Kanne asked if there is any space to push back and make two lanes on the
right side, northbound, instead of one lane. She said she loves the plaza, grass and bikes;
but to deal with the density in the city space needs to be made for vehicles.
Mr. Walther explained it’s a balance to improve safety and better accommodate
pedestrians and bikes, in addition to vehicles. It’s about having a better experience for all
the people who are using that intersection currently. Mr. Walther said the level of service
at the intersection is degrading, regardless of the proposal. He discussed the three options
that were considered for improving of the intersection that were presented for community
input at a neighborhood meeting and later discussed by the City Council. He said the city
is working on the long-term vision for Monterey Drive that will help inform both the
appropriate road design and access from private properties.
Ms. Monson said engineering staff will present a Monterey Drive Multimodal Study at
the next Planning Commission study session.
Commissioner Johnston-Madison said there will be a lot of questions about traffic.
Commissioner Kanne said traffic will be the big item for most residents. Now is the time
for definitive answers. She commented traffic will cross over Excelsior and cut through
the neighborhood to 44th & France even more so. Now is the time to make the space.
Mr. Walther said the city intends to require right-of-way dedication as part of the process.
How much right-of-way is needed has yet to be determined.
Ms. Monson said the traffic study should be finalized in the next couple of weeks.
Traffic information will be available at the neighborhood meeting which is planned for
February 15. City Council will then hold another study session to discuss neighborhood
input and traffic. Formal development applications are anticipated to be submitted in
March.
Dean Dovolis, DJR Architecture, spoke about setbacks in response to a question from
Commissioner Johnston-Madison.
Peter Brodd, Bridgewater Bank, discussed the proposed entrepreneur space on the fourth
floor.
Mr. Dovolis and Commissioner Person discussed the new State energy code. Mr. Dovolis
said it is essentially the same as LEED.
Mr. Dovolis and Commissioner Kanne spoke about peak traffic, evening activities and
restaurant parking.
Mr. Walther noted that additional review of uses and parking requirements will be part of
the application process.
2. St. Louis Park 2040 Neighborhood Planning Workshops Summary Report
Sean Walther, Planning and Zoning Supervisor, said turnouts were good for the four
meetings held in November. He spoke about the neighborhood features game and online
Page 3 City Council Meeting of March 19, 2018 (Item No. 4l)
Title: Planning Commission Meeting Minutes of February 21, 2018
neighborhood planning survey. The online survey response rate was great. More analysis
will be provided on those responses later.
Mr. Walther reviewed broad themes that occurred which included walkability, sidewalks
and connections. He said lots of feedback was received about smaller businesses,
restaurants, coffee shops, and opportunities for gathering spaces and events.
Affordability, character, new single family houses, maintenance and upkeep needs were
the top responses in housing. Input was also received on safety, social connections and
support for neighborhood groups.
Mr. Walther said these themes will be integrated into the Comprehensive Plan so we will
be mindful of these as we move forward.
Commissioner Kanne commented that having this information integrated into the
Comprehensive Plan is very important, indicating that the responses and ideas are taken
seriously and do matter. The city is known for listening, taking input and executing what
residents say they want.
Mr. Walther commented that the form and basis of the Comprehensive Plan is put forth
by state statute and Met Council. The neighborhood planning workshops input gives the
local flavor to those elements and adds a definite response. That is accomplished through
the city’s Plan by Neighborhood Chapter of the plan where many of these elements are
incorporated.
The next round of neighborhood meetings are planned to be held in April.
3.Mixed-Use Zoning District Concept Review – Transparency and Uses
Jacquelyn Kramer, Associate Planner, said staff is defining transparency as:
measurement of the percentage of a façade that has highly transparent, low reflective
windows. She spoke about ground floor/pedestrian zone transparency and upper floor
transparency requirements. Transparency is being discussed to promote “eyes on the
street”: a concept that if more people can see the street they can interact with it, it’s more
comfortable for pedestrians, and it is safer. It can also contribute positively to the scale
and massing of the building and creates a more active street front.
Ms. Kramer provided example language related to transparency from different approved
PUDs in the city. She also gave example language from the draft form-based code. She
reviewed proposed transparency requirements for the MX District.
Jennifer Monson, Planner, discussed uses. Generally we have: permitted uses, permitted
with conditions, and conditional use permit. Staff proposes those three uses plus
Permitted in Limited Stories (stories above the ground floor) for the MX District. She
reviewed specific use items in two categories: primary frontage allowed and secondary
frontage allowed.
In the Hotel/Inn category Commissioners felt lobby, retail and restaurant should be on the
ground floor.
There were questions and uncertainties about Retail Category 8,000 sq. ft. or larger. Ms.
Monson said she will bring examples for the next discussion.
Page 4 City Council Meeting of March 19, 2018 (Item No. 4l)
Title: Planning Commission Meeting Minutes of February 21, 2018
Regarding Office Category, Ms. Monson said currently office is not allowed on ground
floor with primary frontage. She asked if we want office on ground floor or keep it above.
Commissioner Johnston-Madison said office should be allowed but on upper floors only.
Ms. Monson gave examples of smaller office hybrids with a secondary frontage on
ground floor. Commissioners Johnston-Madison and Person agreed ground floor office
depends on the office use and need for walk-in traffic.
The meeting was adjourned at 8 p.m.
Respectfully submitted,
Nancy Sells
Office Assistant
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4m
OFFICIAL MINUTES
PLANNING COMMISSION STUDY SESSION
ST. LOUIS PARK, MINNESOTA
February 7, 2018 – 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Torrey Kanne,
Lisa Peilen, Richard Person, Carl Robertson, Joe Tatalovich
MEMBERS ABSENT: Ethan Rickert (youth member)
STAFF PRESENT: Jennifer Monson, Jack Sullivan, Sean Walther
OTHERS PRESENT: Matt Pacyna, SRF Consulting
1. Election of Chair and Vice Chair
Chair Peilen nominated Carl Robertson as Chair and Torrey Kanne as Vice Chair.
Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote
of 7-0.
2. Annual Report
Commissioners were asked to provide feedback on 2018 goals related to Section III. Race
Equity and Inclusion of the annual report.
Regarding item IIIb. on neighborhood participation, Commissioner Peilen said language
should be added such as reviewing and developing strategies towards participation.
Regarding providing affordable housing, item IIIc., Commissioner Peilen said that seems
to be a City Council role. She said it is a major policy issue.
Commissioner Robertson said the Comprehensive Plan is the most important item and
seems to be the limit for the Planning Commission in regards to race equity and
inclusion. He said he is not comfortable with the item about affordable housing.
Commissioner Johnston-Madison said she agreed.
Commissioner Carper recommended the following as ways to engage the community in
public meetings: provide transportation, provide child care and hold meetings later in the
evening.
Commissioner Peilen suggested removing item IIIc.
Sean Walther, Planning and Zoning Supervisor, said item IIIc. will be removed. He said
he will re-word item IIIb. for commissioner review.
3. Council Chambers Safety Training
Page 2 City Council Meeting of March 19, 2018 (Item No. 4m)
Title: Planning Commission Meeting Minutes of February 7, 2018
Clint Pires, Chief Information Officer, and Sgt. Dennis Hagen, Police Dept., presented
safety information about the recently remodeled Council Chambers.
4.Monterey Drive Multimodal Study Presentation
Jack Sullivan, Senior Engineering Project Manager, discussed the draft Monterey Drive
Multimodal Study which is part of the city’s Connect the Park Plan. He described the
challenges associated with Monterey Dr. from Belt Line Blvd. to Excelsior Blvd.
There was a discussion regarding traffic circles and bicycles. Mr. Sullivan explained they
are still working through the analysis and details of each intersection along Monterey Dr.
He said design option discussions and refinements will occur for each intersection.
There was a discussion regarding speed and the benefits of going from four lanes to two
lanes.
Commissioner Johnston-Madison commented that drivers frequently do not see
pedestrians crossing at 36 ½ St. She said it is a bit dark at the crossing.
Mr. Sullivan spoke about the Park Commons Drive intersection. One of the purposes of
the study is to look at creating a more functional intersection; creating a usable, livable
place for walking, biking and the automobile. He said staff is starting to consider a right-
in movement, right-out movement and a left-in movement, which is called a ¾ access.
Mr. Sullivan showed right-in, right-out and left-in movement, Access B, for the proposed
Bridgewater development. He explained proposed Access C which is right-in, right-out.
Mr. Sullivan gave a schedule update on the overall Connect the Park plan. He anticipates
Monterey Drive Multimodal public discussion would begin in 2019 and/or beyond.
There was a discussion about potentially accommodating U turns at Excelsior Boulevard
and Monterey Drive.
Commissioner Johnston-Madison stated she disagreed that a U turn at the location was
feasible.
Mr. Sullivan explained that currently there isn’t space for a U turn. He explained how
space could be created for that U turn.
Commissioner Johnston-Madison stated she was pleased that a study is being conducted
for the corridor. She said she didn’t want Bridgewater’s development schedule to push
the city to solve Bridgewater’s traffic issues quickly, resulting in a less thorough job on
studying the corridor. Time is needed to develop corridor changes.
Mr. Walther responded that the corridor design is not being driven by the Bridgewater
proposal. The design changes are part of Connect the Park planning, and will proceed
regardless of Bridgewater development plans. The most recent traffic counts and the
community’s interest in better accommodating all modes more safely are motivating
design changes along Monterey Drive.
5.Bridgewater Traffic Study Presentation
Page 3 City Council Meeting of March 19, 2018 (Item No. 4m)
Title: Planning Commission Meeting Minutes of February 7, 2018
Mr. Walther said the Bridgewater neighborhood meeting on Feb. 15 will include the
traffic study. He noted the traffic study will be posted on the city website by Feb. 9.
Matt Pacyna, SRF Consulting, provided background on the study.
Commissioner Johnston-Madison said it is necessary to understand current traffic, what it
will be with development, and the impact. The devil is in the details. We have to
understand the impact.
Mr. Pacyna discussed queues and congestion, trip generation, peak hours, levels of
service, safety, the four access points, and the ¾ access.
He illustrated the 2020 No-build Condition assuming the Multimodal improvements,
which Mr. Sullivan discussed, would be implemented by 2020.
Mr. Pacyna showed the Build Condition. He described the proposed site access and
circulation, including Access A right-in right-out on Excelsior, Access B along Monterey
Dr. opposite Park Commons Drive with a ¾ access as discussed, and Access C, north of
access B, with right-in right-out. Access D on 36 ½ would be a full access.
Commissioner Johnston-Madison commented that 36 ½ St. is dense on both sides of the
street with apartments and parking and there will be an additional load with the proposed
project. She stated she had hoped to see that the proposed office building would result in
reduced traffic compared to the previous Dominium development proposal. She said she
isn’t seeing that the daily trips are significantly less with this project as compared with
the first proposal.
Mr. Pacyna further discussed the internal circulation and access points in the proposed
development.
Mr. Pacyna said SRF recommends that the signal timing at Monterey and Excelsior be
optimized once Monterey Dr. multimodal improvements and a Bridgewater development
are in place.
Mr. Pacyna explained the difference between % of traffic and % of trips.
Mr. Walther said detailed data associated with the traffic study will be posted online. He
added that the traffic study will be presented again at the public hearing for Bridgewater.
Mr. Walther asked Commissioners for feedback on the two presentations, in order to help
improve the presentation for the neighborhood meeting.
Commissioner Robertson said the presentations seemed to work. He commented that
there is a lot of data and no logical place to start but that he understands the raw numbers.
He suggested rearranging graphics so that 36 ½ at Monterey is identified.
Commissioner Peilen commented that she was not able to read all the numbers in the
presentation slides.
Page 4 City Council Meeting of March 19, 2018 (Item No. 4m)
Title: Planning Commission Meeting Minutes of February 7, 2018
Commissioner Johnston-Madison stated that it makes a difference to see the current
traffic and what is projected with No-Build and with Build.
Commissioner Kanne recommended keeping presentations simple and perhaps making
them more visually digestible.
Commissioner Carper said the table on service levels was effective and perhaps should be
discussed earlier in the presentation.
Mr. Pacyna stated that sometimes color coding can be more effective in graphic
presentations.
Commissioner Johnston-Madison commented that she wouldn’t change the presentation.
She said colors may help but if details aren’t presented people may think you are trying to
eliminate something. Also, adding colors to the level of service table would make it more
difficult to read.
6.Other
Mr. Walther spoke about attendance and by-laws.
Mr. Walther said both Commissioners Kanne and Person are up for reappointment in
May 2018. He said Commissioner Person has indicated he will not be seeking another
term.
Commissioner Kanne spoke about occasional work and family schedule conflicts she
experiences with meetings. She said she enjoys being on the commission, but due to the
conflicts she does not intend to seek reappointment.
The meeting was adjourned at 8:40 pm.
Respectfully submitted,
Nancy Sells
Recording Secretary
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4n
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
FEBRUARY 21, 2018 – 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Claudia Johnston-Madison, Torrey Kanne, Lisa Peilen, Richard
Person, Carl Robertson, Joe Tatalovich
MEMBERS ABSENT: Lynne Carper (excused), Ethan Rickert (youth member)
STAFF PRESENT: Jacquelyn Kramer, Jennifer Monson, Sean Walther
OTHERS PRESENT: Jeff Miller, consultant, HKGi
1. Call to Order – Roll Call
2. Approval of Minutes
A. October 18, 2017
Commissioner Johnston-Madison made a motion to approve the minutes.
Commissioner Person seconded the motion, and the motion passed on a vote of 3-
0-1 (Peilen abstained). (Commissioner Tatalovich arrived at 6:03 p.m.;
Commissioner Kanne arrived at 6:06 p.m.)
B. December 6, 2017
Commissioner Person made a motion to approve the minutes. Commissioner
Johnston-Madison seconded the motion, and the motion passed on a vote of 3-0-1
(Peilen abstained).
C. December 20, 2017
Commissioner Peilen made a motion to approve the minutes. Commissioner
Johnston-Madison seconded the motion and the motion passed on a vote of 4-0-1
(Person abstained).
D. January 17, 2018
Commissioner Johnston-Madison stated that paragraph 5, page 2, may not
accurately reflect her comments. Staff will review the audio, make any changes
necessary, and present the corrected minutes at the March 7 meeting.
3. Public Hearings
A. Conditional Use Permit with Variance Bais Yaakov Girls High School
Location: 4503 and 4509 Minnetonka Boulevard
Applicant: Anthony Construction
Case No.: 17-30-CUP and 17-31-VAR
City Council Meeting of March 19, 2018 (Item No. 4n) Page 2
Title: Planning Commission Meeting Minutes of February 21, 2018
Jacquelyn Kramer, Assistant Planner, presented the staff report. The applicant requests a
conditional use permit and variance to add a second story and lobby to the existing
building, and to improve parking and landscaping on the site. The request is to operate a
private girls’ high school. The variance request is to reduce the front setback from 30 feet
to 25 feet to bring the existing building into compliance with the zoning ordinance.
Ms. Kramer noted that a section of Minnetonka Blvd. is in Hennepin County’s Capital
Improvements Project for 2023 reconstruction. Staff recommends the applicant discuss
these planned improvements with the county. These include possible right-of-way access
changes and on-road bikeways. She said the current site plan could accommodate any of
those changes. The applicant has been encouraged to work with neighboring properties to
explore shared access and via a side street rather than directly to Minnetonka Blvd.
Ms. Kramer reviewed general conditions for CUPs as well as the specific considerations
that must be met for educational facilities with over 20 students in the RC high-density
multiple-family residential district. She stated that the request meets all conditions.
Ms. Kramer reviewed the criteria for the variance and stated that all criteria are met.
Chair Robertson opened the public hearing. As no one was present wishing to speak, he
closed the public hearing.
Commissioner Peilen commented she is familiar with the site and finds that is a fine use
and consistent with the adjacent properties and the neighborhood.
Chair Robertson said he thought it was a great renovation.
Commissioner Peilen made a motion to recommend approval of the Conditional Use and
Variance subject to conditions recommended by staff. Commissioner Johnston-Madison
seconded the motion, and the motion passed on a vote of 6-0.
B. Zoning Ordinance Amendment – Architectural Materials for Greenhouses
Applicant: City of St. Louis Park
Case No: 18-01-ZA
Jennifer Monson, Planner, presented the staff report. Staff recommends allowing high
impact, double-skinned acrylic products that are a minimum of eight millimeters thick to
be used for greenhouses. She discussed staff research into the best materials for
constructing greenhouses to grow food in Minnesota. Acrylic glass was found to provide
better growing environments than polycarbonate, it does not yellow, has high thermal
efficiencies, is unlikely to break, and is more hygienic for growing food in a sterile
environment. Ms. Monson said staff visited the Marjorie McNelly Conservatory at Como
Park which has used acrylic glass very successfully in their production greenhouse for the
last 15 years. She noted that the Planning Commission reviewed staff research at a study
session on December 6, 2017. Ms. Monson showed a sample of the material to
commissioners.
Commissioner Johnston-Madison asked if the acrylic material is produced in Minnesota.
Ms. Monson said she would look into that question.
City Council Meeting of March 19, 2018 (Item No. 4n) Page 3
Title: Planning Commission Meeting Minutes of February 21, 2018
Commissioner Person asked about the R value of the material compared to glass.
Ms. Monson responded that it is less, perhaps around 86%. It is higher than the
polycarbonate. She said she would confirm that information.
Chair Robertson opened the public hearing. As no one was present wishing to speak he
closed the public hearing.
Commissioner Person asked how the cost compares to glass.
Ms. Monson responded that it is less than glass and higher than polycarbonate.
Commissioner Peilen asked the Chair for his thoughts on the material.
Chair Robertson said the material makes perfect sense to him.
Commissioner Peilen made a motion recommending approval of the amendment to the
Zoning Ordinance pertaining to Architectural Materials for Greenhouses. Commissioner
Johnston-Madison seconded the motion, and the motion passed on a vote of 6-0.
4. Other Business
5. Communications
Sean Walther, Planning and Zoning Supervisor, reminded commissioners of the
upcoming Boards and Commissions Annual Meeting on February 26.
Mr. Walther noted that the meeting of March 7 will include two public hearings and a
study session discussion regarding the housing chapter of the Comprehensive Plan.
Mr. Walther provided details regarding the upcoming State of the City event March 8.
6. Adjournment
The meeting was adjourned at 6:22 p.m.
City Council Meeting of March 19, 2018 (Item No. 4n) Page 4
Title: Planning Commission Meeting Minutes of February 21, 2018
STUDY SESSION
The study session commenced at 6:25 p.m.
1. Comprehensive Plan – Land Use Discussion
Jeff Miller, HKGi, city planning consultant for the comprehensive plan, and staff
reviewed recommended updates to density recommendations for the 2040
Comprehensive Plan.
Commissioner Peilen asked about low density residential to increase lot sizes from 3 to
10 units per acre. She commented that it seems one of the issues in St. Louis Park is small
lot sizes making it difficult to add onto houses. She said she wonders about an increase in
small lot sizes.
Mr. Miller stated this would allow a greater range of housing options in neighborhoods
by allowing flexibility for duplexes and accessory dwelling units. These would have to
also be addressed by zoning before they could actually be built.
Mr. Walther said this would allow slightly higher densities within the Low Density
category and provide opportunities to explore zoning changes in the future that could
allow accessory dwelling units or other housing types. This is the Commission’s first
opportunity for review and feedback. On March 21 land use will be discussed again with
the City Council members in attendance.
Mr. Miller said some of the neighborhood feedback from the November planning
workshops was for more housing options and affordable housing so this is one way in the
low density residential to provide options that are more affordable and not just single
family.
Commissioner Johnston-Madison said what people understand as affordable housing is
different. It’s a catch phrase. Everyone is for affordable housing but they don’t always
understand what it means in terms of the financing, size, income and rent amounts. She
noted that she and the Chair have promoted cluster housing. She said she doesn’t have a
problem with changing the density range in Low Density Residential. This is a guide.
Commissioner Kanne asked what other neighboring cities have allowed.
Mr. Walther responded we are looking at it specifically for St. Louis Park but we know
that other cities have allowed these other types of housing.
Commissioner Robertson said he likes having the flexibility. He spoke about still being
able to live in a low density environment but as a city being able to do it more efficiently.
He said it has to be a goal of ours and this gives us a way to develop tools to do that.
Commissioner Peilen said she recognizes flexibility as an excellent thing. She said she is
so passionate about St. Louis Park and wanting to continue to attract families so is
concerned with discussion of smaller lot sizes.
City Council Meeting of March 19, 2018 (Item No. 4n) Page 5
Title: Planning Commission Meeting Minutes of February 21, 2018
Mr. Miller spoke about Minneapolis and St. Paul having two broad residential categories
rather than three for flexibility. Minneapolis allows up to 20 units per acre in the low
density category.
Mr. Miller discussed Medium Density Residential, High Density Residential,
Industrial/Transitional and Transit Oriented Development (TOD) categories.
Commissioner Johnston-Madison asked why height or story range was left out in the
TOD category.
Mr. Walther explained that 50 units per acre would be from 4 stories on up. He said that
a cap is not being set in the Comprehensive Plan and would be defined in the Zoning
Ordinance. It was provided in the table just to give a general picture.
Commissioner Person asked if it went above 125 units would an applicant then apply for
a PUD?
Mr. Walther responded in that case the Comprehensive Plan would have to be amended
to allow it. He explained that the Met Council has asked that this be addressed in the
Comprehensive Plan. Establishing an upper limit cap helps the Met Council plan for
regional infrastructure.
Mr. Walther presented the 2030 land use map. He presented a map indicating areas that
are proposed to change and discussed those changes.
Commissioner Tatalovich asked that the Sam’s Club site be addressed as part of the
presentation.
Chair Robertson stated that Texa-Tonka is missing neighborhood commercial nodes.
Putting in a residential component through MX would probably clean it up and make it
more walkable, and not just a sea of cars.
Commissioner Kanne said that seems like an opportunity to make it shine and tie it
together.
Mr. Walther said at Cedar Lake Rd. and Louisiana staff is exploring the idea of a MX
category on south side of that intersection.
Commissioner Kanne added especially on the east side of Louisiana which is an empty
parking lot.
Chair Robertson said it would be bad to lose a neighborhood hardware store. It’s a little
under utilized but it is really valuable for a neighborhood. He said if that intersection was
MX we would not have a hardware store.
The Chair discussed the necessity of vibrant commercial on the entire lower level of MX
which makes MX successful.
Commissioner Peilen commented that Texa-Tonka and the Cedar Lake Rd./Louisiana
intersection look tired because a number of retail uses couldn’t make it there.
City Council Meeting of March 19, 2018 (Item No. 4n) Page 6
Title: Planning Commission Meeting Minutes of February 21, 2018
The Chair said it is a great corner but he doesn’t know if MX is the best way to maintain
a neighborhood/commercial node. He said most of the businesses there don’t thrive
except for the hardware store.
Mr. Walther asked if commissioners support the southeast side changing to MX.
Commissioner Johnston-Madison said she agreed generally. The Chair said he is alright
with the whole intersection being MX but the lower level commercial needs to be viable
and affordable. He asked if MX is the way to do it.
Mr. Walther said the policy question is whether the city should require new development
at this location to be mixed use. If it remains commercial in the Comprehensive Plan, the
owner has the option to build mixed-use development, albeit at potentially less scale and
intensity.
There was a discussion about the land straight south to the railroad track. This should be
discussed again. Commissioners suggested medium density residential may be
appropriate.
Mr. Walther discussed changing Sam’s Club property from Commercial to Business
Park. Commissioners Robertson, Johnston-Madison and Kanne said they were in
agreement.
Mr. Walther discussed how certain older industrial areas have been changing from
manufacturing to more service types of businesses over time. He spoke about staff’s
intention to propose an Industrial Transition classification or zoning district that might
allow more flexibility.
Mr. Walther discussed the proposed Transit Oriented Development (TOD) category.
Commissioner Tatalovich asked why the Sam’s Club site couldn’t be designated as TOD.
Mr. Walther explained that staff’s recommendation was based on the fact that it is a
difficult site for residential, and the Business Park category would exclude residential
uses.
Commissioner Johnston-Madison commented that it seems like a lot of residential
density on the west side of Belt Line. Mr. Walther stated the proposed land use was in
response to the Belt Line LRT Station Area plan.
Mr. Walther said Walker/Lake and Minikahda Mini-Storage are two areas where a land
use change isn’t proposed but could use some conversation. It is the city’s intention to
include language in the land use and/or economic development section of the plan that
Walker/Lake should be a revitalization area that generally makes creative reuse of
existing structures and any new development should be limited in scale. Minikahda Mini-
Storage, if redeveloped in the future, would not likely be appropriate for industrial
development. The desired long-range use of the site should be discussed further.
Commissioner Johnston-Madison and the Chair said they think Minikahda Mini-Storage
needs to be a discussion point.
City Council Meeting of March 19, 2018 (Item No. 4n) Page 7
Title: Planning Commission Meeting Minutes of February 21, 2018
Mr. Miller reviewed the proposed changes in the residential density recommendations as
outlined in the table.
Commissioner Johnston-Madison indicated she didn’t have any problems with the
proposed recommendations in the table.
Mr. Walther discussed the Comprehensive Plan 2040 Planning Commission schedule
through June 6.
The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Nancy Sells
Recording Secretary
Meeting: City Council
Meeting Date: March 19, 2018
Consent Agenda Item: 4o
OFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF DECEMBER 13, 2017
ST. LOUIS PARK CITY COUNCIL CHAMBERS
MEMBERS PRESENT: Maren Anderson, Bruce Browning, Cindy Hoffman, Abe Levine,
Nathan Munson and Rolf Peterson
MEMBERS ABSENT: David Dyer
STAFF PRESENT: Clint Pires, Chief Information Officer, Jacqueline Larson,
Communications and Marketing Manager, Reg Dunlap, Civic TV
Coordinator and John McHugh, Community TV Coordinator
OTHERS PRESENT: Karly Werner, Comcast Director of External Affairs
1. Call to order
Chair Anderson called the meeting to order at 7:02 p.m.
2. Roll Call
Present at roll call were Commissioners Anderson, Browning, Hoffman, Levine, Munson and
Peterson.
3. Approval of Minutes for October 25, 2017.
Several corrections were identified. It was moved by Commissioner Peterson, seconded by
Commissioner Levine, to approve the minutes as amended. The motion passed 6-0.
4. Adoption of Agenda
It was moved by Commissioner Hoffman, seconded by Commissioner Levine, to approve the
agenda. The motion passed 6-0.
5. Public Comment - None
6. Reports & Discussion
A. Chief Information Officer update on USI buildout in 2017 and City initiatives
Clint Pires reviewed fiber infrastructure projects added in the City in 2017, including conduit
along Texas, Xenwood and Utica Avenues, and in the Sorenson neighborhood near Highway 7.
Fiber loops were completed near the West End and the Municipal Service Center, which relates
to disaster recovery. A leg of fiber and conduit was extended to the Shelard Park area, and fiber
was extended along Minnetonka Boulevard to service a sanitary sewer lift station. About eight
miles of fiber was added in 2017 which brings the total fiber network to over fifty miles.
City Council Meeting of March 19, 2018 (Item No. 4o) Page 2
Title: Telecommunications Advisory Commission Meeting Minutes of December 13, 2017
Wi-Fi was added to the Recreation Outdoor Center (ROC), and improved at the Veterans
Amphitheater. The wireless water meter project was completed as well. The free Wi-Fi hot spots
are an expected amenity and also support the City’s commitment to racial equity. Most of the
major parks now have free City Wi-Fi.
Looking ahead to 2018, fiber upgrades will be made in the Elmwood neighborhood, along
Wooddale Avenue and Monterey Drive, Water Treatment Plant 4 by Susan Lindgren and to
Westwood Hills Nature Center. Supervisory Control and Data Acquisition (SCADA) will be a
big project for 2018, which is the hardware and software for lift stations, water towers and all
utilities operations. Utilities is doing upgrades to hardware at 33 sites around town, so we’re
taking advantage of our fiber infrastructure to replace the VHF radio alerts that are currently the
way the system warns staff about problems. The fiber system is more reliable and redundant than
the radio alerts.
Turning to U.S. Internet (USI), they activated their first households in St. Louis Park in June at
Era on Excelsior, formerly Meadowbrook Manor. Also served are Village in the Park and
apartment complexes south of Wayzata Boulevard. The City has requested USI provide service
first to low income areas, and USI met that commitment. Businesses areas served by USI are the
Wayzata Boulevard corridor, Park Glen Road, the Parkdales, West End and the Interchange
Tower.
In 2018, USI intends to start serving single family homes in the Sorenson neighborhood, as well
as apartments at Louisiana Court, Village Garden, Via, formerly PLACE, and other areas to be
announced.
In summary, 2017 was very productive with fiber to the premise happening but will take years to
complete. Fiber and wireless will continue to co-exist and complement each other, and 5G is
coming, too. Major City Council directives are being achieved to make St. Louis Park a
Technology Connected Community, and to advance racial equity.
Commissioner Browning saw a TPT program about internet security where they hacked into
water tower operation software. He asked about cyber security for the City. Mr. Pires said
security training is mandatory and annual. The City has made a lot of efforts, but it’s important
to test and find where there are vulnerabilities to address. Most security threats are not
technological, but human failures. It’s a never-ending battle to face the thousands of attempted
intrusions per day.
Commissioner Levine asked, if you could be king, what would you like from this group? Mr.
Pires said finding ways to make St. Louis Park a Technology Connected City include some of the
City’s current activities, without calling us a smart city. He said the City is well positioned to be
ready for the Internet of Things (IOT) because of the fiber infrastructure, so for the Commission
to envision what a smart city looks like would be time well spent. The next step is to find out
how technology can help improve quality of life. It would be helpful if the Commission can
brainstorm those topics and develop some concepts to report to City Council.
Commissioner Peterson asked when USI might start in the Sorenson neighborhood, and what
their pricing structure was like? Mr. Pires said plans probably weren’t finalized yet, and that
pricing would be similar to what they have offered elsewhere and post on their web site.
City Council Meeting of March 19, 2018 (Item No. 4o) Page 3
Title: Telecommunications Advisory Commission Meeting Minutes of December 13, 2017
Commissioner Munson asked if there were any projects that you’d like to do that didn’t make the
list? Mr. Pires said sure, that the SCADA project alone was a huge project to complete and
limits time spent on other projects. He said that he’d like to do more with smart cities and
improving quality of life, and getting people acclimated to technologies, which are harder than
putting fiber in the ground.
6. Reports & Discussion
B. Update from Comcast on TPT channels
Karly Werner, Comcast Director of External Affairs, said that Twin Cities Public Television
(TPT) changed the signal they provide to Comcast from standard definition (SD) to high
definition (HD), so that’s what Comcast has to provide based on their contract with TPT. She
said Comcast has worked with them locally and they are finding a technical fix so we can
provide both signals again in early 2018, after some equipment is purchased and installed.
Mr. Dunlap said a big concern was that 30 days notice was not provided to customers that a
channel would no longer be available, which was different than usual. Comcast usually is very
specific about changes to the channel lineup, that channel x is moving to channel y position.
Ms. Werner said Comcast provides 30 days notice when it’s in our control. That was not the
case here, and the law is clear that obligation doesn’t apply when it’s not possible.
Mr. McHugh asked if that means the TPT change happened within a window of 30 days?
Ms. Werner said that’s right, that’s my understanding.
Mr. McHugh said it would have been in Comcast’s best interests to tell TPT about the federal
law requirement of 30 days notice, rather than saying that it’s out of my control.
Commissioner Hoffman said that usually would be listed in the contract.
Ms. Werner said that it was a nationally negotiated contract, and there was a breakdown between
what was going on nationally and the best interest’s locally. We reached out to TPT locally and
we worked it out, and that’s good news.
Commissioner Hoffman asked if a placeholder could be put in the channel position like when
there is technical difficulty, that says the contract doesn’t exist for example, rather than ghosting
the customer.
Ms. Werner said they did not ghost their customers. TPT made the choice to move to HD, so we
didn’t have the signal.
Commissioner Hoffman said it seems like there’s an obligation to let the customer know the
reason why a channel’s gone, even if it isn’t your fault.
City Council Meeting of March 19, 2018 (Item No. 4o) Page 4
Title: Telecommunications Advisory Commission Meeting Minutes of December 13, 2017
Commissioner Levine said it would be in Comcast’s self-interest so you don’t get a thousand
support calls.
Mr. McHugh asked if other Comcast areas also lost channels, and Ms. Werner said there were,
including Oregon, Washington and California.
Commissioner Munson asked if they were working with TPT to prepare any communications for
customers about the resumption of those channels. Ms. Werner said there will be a bill message
letting people know that TPT channels are back on the SD tier, in addition to the new HD tier, so
they will be on both.
Mr. Dunlap said that this addressed the questions he had, and was glad the Commission got to
ask follow up questions and that Karly was here to answer those questions.
Commissioner Levine asked if she could talk about the gig service. Ms. Werner said sure, and
that the engineers are busy implementing it and that’s why they couldn’t be here to talk about it
tonight but we’ll set that up early next year. It is a great upgrade to the network to allow gig
speeds to every house that we serve, and will be available by the end of the first quarter next
year.
Commissioner Levine asked if it was a gig upload and download? Ms. Werner said no, it’s not
symmetrical, but that she could get the upload information. It is currently available in St. Louis
Park and all cities have been notified when it will be available. She said that Mr. Pires
mentioned racial equity, and that the Internet Essentials program addresses that with $9.95
internet access for families with a child in the school lunch program. Comcast also provides
digital literacy training as well.
Commissioner Browning asked about the price, and Ms. Werner said the common price for the
stand-alone gig product was $109.99, plus a gig-enabled modem rental or you can buy your own
modem. She said you’ll hear more about it soon, when it’s available all over the metro area.
Mr. Pires said that net neutrality was likely to be overturned, and asked what Comcast would do
if it was. Ms. Werner said that Comcast has released statements on this, and Comcast supports
net neutrality principals and has never engaged in throttling, discrimination or paid prioritization
before the Title 2 rules were in place, and if those rules are removed, they won’t change their
practice in any way.
6. Reports & Discussion
C. Consider franchise fee review for Comcast: 2015-2017
Mr. Dunlap said he surveyed other metro area franchise officers, as directed by the Commission,
to find out if any are considering franchise fee reviews for those years. He had one response
which was a maybe. At the last Commission meeting, the staff recommendation was hung up
after the TPT issue came up. He repeated the staff recommendation to waive the franchise fee
review for 2015 and reconsider it again late next year. The Commission’s previous intent was to
complete one more review for three years, before the end of the franchise in 2021.
City Council Meeting of March 19, 2018 (Item No. 4o) Page 5
Title: Telecommunications Advisory Commission Meeting Minutes of December 13, 2017
Chair Anderson asked if Commissioners were in agreement, and they were. Mr. Dunlap said that
since no action was being taken, a motion was not required.
6. Reports & Discussion
D. Review Comcast compiled complaint log
Mr. Dunlap showed a slide of the Comcast complaints for the year through December 7. The
total complaint calls dropped from 85 last year and a high of 102 in 2013 to 69 this year. The
bad news is that technical services complaints have jumped again, from 10 last year to 22 this
year, and billing from 26 last year to 33. Most complaint categories have gone down, including
telephone customer service complaints.
Mr. McHugh said that generally Comcast customer service was good, and if it wasn’t, our phone
would never stop ringing.
6. Reports & Discussion
E. Review CenturyLink fourth quarterly meeting memo & complaint log
Mr. Dunlap said that Chair Anderson and Mr. McHugh were also able to attend the meeting with
CenturyLink. Prism TV customers have dropped in St. Louis Park and in other metro cities.
Their explanation was they’ve been in the market for a year and the special offers are ending, and
they are having a hard time retaining customers at the retail price. In other markets where
CenturyLink actively advertises Prism TV, they gain three customers for each one they lose, but
they haven’t been advertising Prism TV here.
6. Reports & Discussion
F. Draft Annual Report for 2017
Mr. Dunlap said he would use the updated 2017 Work Plan with summaries to prepare the annual
report, after further direction from the City Manager’s office. He will keep the Commission
posted if there is a joint meeting with the Council like last year.
6. Reports & Discussion
G. Set meetings for 2018
Mr. Dunlap said the Commission has traditional met on the second or fourth Wednesday of the
month to avoid Planning Commission meetings. He has prepared a draft work plan of items for
five meetings next year, including a small cells topic raised by Commissioner Browning for a
meeting in May. The meetings were set for March 14, May 9, July 25, October 10 and December
12.
Commissioner Levine said that he had met a high level Sprint contact who lived in Eagan, and
would follow up with him to talk about 5G. There are conflicts between cable companies and
wireless companies regarding paying for use of the right of way that complicates things.
6. Reports & Discussion
H. Draft Work Plan for 2018
City Council Meeting of March 19, 2018 (Item No. 4o) Page 6
Title: Telecommunications Advisory Commission Meeting Minutes of December 13, 2017
Mr. Pires said that Verizon had mounted three sets of equipment on Park Place Boulevard, but no
other companies had come forward with a specific proposal at this point. The conversation when
the legislation was proposed was a push to be ready for the Super Bowl and there’s not much
time left.
Commissioner Levine said he was looking forward to the smart cities conversation.
6. Reports & Discussion
I. Elect Chair & Vice Chair, effective next meeting
Abe Levine was elected Chair, and Nathan Munson was elected Vice Chair.
7. Communications from the Chair, Commissioners and City staff
Chair Anderson thanked the City staff for doing excellent work for the Commission and for
being flexible.
Mr. McHugh passed out the latest TV15 program production list, and said he was soon going to
edit the Holiday Train video from Sunday. Ms. Larson said about 5,000 people attended and
over $34,000 and 5,500 pounds of food were raised for STEP.
8. Adjournment
.
Chair Anderson adjourned the meeting at 8:20 p.m.
Respectfully submitted by:
Reg Dunlap
Civic TV Coordinator
Meeting: City Council
Meeting Date: March 19, 2018
Action Agenda Item: 8a
EXECUTIVE SUMMARY
TITLE: Aquila Park – Conditional Use Permit
RECOMMENDED ACTION: Motion to Adopt Resolution granting a Conditional Use Permit
(CUP) to the City of St. Louis Park allowing the import of 17,000 cubic yards of soil for the infill
and re-grading of the Aquila Park site in association with the construction of two fast pitch softball
fields, subject to conditions.
POLICY CONSIDERATION: Does the CUP request meet the criteria of the Zoning Ordinance?
SUMMARY: The City of St. Louis Park is requesting a conditional use permit (CUP) for the
construction associated with two new fast pitch softball fields in Aquila Park.
As part of the project, approximately 17,000 cubic yards of soil fill material will need to be brought
in for the infill and re-grading of the site, which requires a CUP for imports/exports over 400 cubic
yards of soil.
The planning commission conducted the public hearing on March 7, 2018, at which point no one
testified. The planning commission recommended approval on a 6-0 vote.
FINANCIAL OR BUDGET CONSIDERATION: Not applicable.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Discussion
Resolution
Planning Commission Meeting Minutes
Development Plans
- Haul Route
- Field Redevelopment Plan
Prepared by: Joseph Ayers-Johnson, Community Development Intern
Reviewed by: Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City Council Meeting of March 19, 2018 (Item No. 8a) Page 2
Title: Aquila Park – Conditional Use Permit
DISCUSSION:
LOCATION:
Comprehensive Plan:
PRK Parks and Open Space
Zoning District:
POS Parks and Open Space
Neighborhood:
Aquila
Surrounding Uses:
South: PRK Parks and Open Space;
single family residential
West: Cedar Lake Regional
Trail; single family residential
North: Aquila Elementary
School; single family residential
East: Multi-family residential
Proposal: The City of St. Louis Park is requesting a conditional use permit (CUP) for the
construction associated with the two new fast pitch softball fields in Aquila Park. The existing
fields will be converted to permanent fast pitch softball fields, including new outfield and backstop
fencing, dugouts, lighting, irrigation and site restoration.
As part of the project, approximately 17,000 cubic yards of soil fill material will need to be brought
in for the infill and re-grading of the site.
Conditional Use Permit for Excavating: A conditional use permit is required to import or export
more than 400 cubic yards of soil. The proposed plan requires the import of approximately 17,000
cubic yards of soil for the infill and re-grading of the site. It is estimated that it will take 960
truckloads to import the material. The primary haul route utilizes Minnetonka Boulevard and
Xylon Avenue South coming to the site, and 32nd Street West, Texas Avenue South, and
Minnetonka Boulevard to leave the site. Xylon Ave S Minnetonka Blvd
Site Location
32nd St W
City Council Meeting of March 19, 2018 (Item No. 8a) Page 3
Title: Aquila Park – Conditional Use Permit
Construction Hours: City code allows construction to occur Monday through Friday 7 a.m. to 10
p.m., and is allowed on weekends from 9 a.m. to 10 p.m.
In order to minimize inconveniences to residents and the traveling public utilizing Aquila Park,
No truck hauling or deliveries will be allowed during the following times:
1.Before 9:30 a.m. or after 3:00 p.m. or on weekends and holidays from project start through
June 8, 2018, to accommodate busing at Aquila Elementary School
2.Before 9:00 a.m. or after 4:00 p.m. or on weekends and holidays starting June 11, 2018, to
avoid rush hour traffic times.
The proposed hours will meet city requirements.
Construction Duration: The project has an anticipated start day of May 1, 2018 pending contract
approvals and road restrictions. Project construction completion is anticipated to be no later than
August 15, 2018.
Public Comments: A meeting with residents near Aquila Park was held on February 13, 2018 to
discuss the project and the associated conditional use permit. In addition to City staff, three
members of the public attended. The primary concern revolved around the removal of significant
trees, and those concerns were addressed by City staff by explaining the landscape plan.
A representative from Musco Lighting – the contractor supplying the ball field lighting – was also
in attendance, and answered questions regarding lighting.
All the questions and comments raised seemed to be satisfactorily addressed at the meeting.
Planning Commission: The Planning Commission held a public hearing on March 7, 2018, at
which no one testified. The questions and comments raised previously at the neighborhood
meeting seemed to be satisfactorily addressed at the planning commission meeting, as well.
The Planning Commission voted 6 to 0 to recommend approval of the Conditional Use Permit for
17,000 cubic yards of soil fill to allow for the infill and re-grading of the Aquila Park site in
association with the construction of the upgraded girls softball facilities, subject to conditions.
Staff Recommendation: Staff recommends approval of the Conditional Use Permit for 17,000
cubic yards of fill to allow the re-grading and construction of the Aquila Park girls softball fields,
subject to the following conditions, as detailed in the attached Resolution:
1. The site shall be developed, used and maintained in conformance with the Official Exhibits.
2. All required permits shall be obtained prior to starting construction.
City Council Meeting of March 19, 2018 (Item No. 8a) Page 4
Title: Aquila Park – Conditional Use Permit
RESOLUTION NO. 18-____
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-79(b) OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO PERMIT IMPORT OF FILL FOR
PROPERTY ZONED POS PARKS AND OPEN SPACE ZONING
DISTRICT LOCATED AT 3110 XYLON AVE S.
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. The City of St. Louis Park has made application to the City Council for a Conditional Use
Permit under Section 36-79(b) of the St. Louis Park Ordinance Code for the purpose of import
of fill within a POS Parks and Open Space Zoning District located at 3110 Xylon Ave South for
the legal description as follows, to-wit:
In the following described land situated in the County of Hennepin and State of
Minnesota: That part of the North ½ of the Southeast ¼ of the Northeast ¼ of Section
18, Township 117, Range 21, lying west of the east 826.24 feet thereof.
Also, That part of the Northwest ¼ of the Northeast ¼ lying east of the Hutchinson
Branch of the Great Northern Railway and south of the north 888 feet thereof, in
Section 18, Township 117, Range 21, except that portion thereof conveyed to the
City of St. Louis Park by conveyance filed March 21st 1957, recorded as Document
No. 3057542 in Book 2124 of Deeds, page 253, in the office of the Register of Deeds
of Hennepin County, Minnesota.
Also, that part of the North ½ of the Southwest ¼ of the Northeast ¼ of Section 18,
Township 117, Range 21, lying southeast of the right of way of the Great Northern
Railway Company.
2. The City Council has considered the advice and recommendation of the Planning Commission
(Case No. 18-02-CUP) and the effect of the proposed import of 17,000 cubic yards of material 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, and compliance with the intent of the Zoning Ordinance.
3. The Council has determined that the import of 17,000 cubic yards of material will not be
detrimental to the health, safety, or general welfare of the community nor will it cause serious
traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the
proposed stormwater system is in harmony with the general purpose and intent of the Zoning
Ordinance and the Comprehensive Plan.
4. The contents of Planning Case File 18-02-CUP are hereby entered into and made part of the
public hearing record and the record of decision for this case.
City Council Meeting of March 19, 2018 (Item No. 8a) Page 5
Title: Aquila Park – Conditional Use Permit
Conclusion
The Conditional Use Permit to permit import of 17,000 cubic yards of material at the location
described is granted based on the findings set forth above and subject to the following conditions:
1.The site shall be developed, used and maintained in conformance with the Official Exhibits.
a.Exhibit A: Site Development Plans
i.Stormwater Pollution Prevention Plan (SWPPP)
ii.Existing Conditions, Removals, and Erosion Control Plan
iii.Site Plan Layout
iv.Grading Plan
v.Landscape Restoration Plan
vi.Details - Pavement, Field Fencing, Dugout, and Backstop, Miscellaneous
vii.Utility and Biofiltration Plan
viii. Details – Utilities
ix. Irrigation
x.Details - Irrigation
2.All required permits shall be obtained prior to starting construction, including but not limited
to:
a.NPDES Grading/Construction Permit.
b. City of St. Louis Park Erosion Control and Building Permits.
c.A stormwater management permit from the Minnehaha Creek Watershed District.
3.In addition to other remedies, the developer or owner shall pay an administrative fee of $750
per violation of any condition of this approval
4.Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of a building permit.
5. Approval of a Building Permit, which may impose additional requirements.
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.
Reviewed for Administration: Adopted by the City Council March 19, 2018
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
City Council Meeting of March 19, 2018 (Item No. 8a) Page 6
Title: Aquila Park – Conditional Use Permit
Excerpts – Unofficial Minutes
Planning Commission
City of St. Louis Park
March 7, 2018
3.Public Hearings
A.Conditional Use Permit – Aquila Park Girls Softball Fields
Location: 3110 Xylon Ave. S.
Applicant: City of St. Louis Park
Case No.: 18-02-CUP
Joseph Ayers-Johnson, Community Development Intern, presented the staff report. A
conditional use permit is being requested for infill and re-grading of the site for first phase
construction of upgraded girls’ softball facilities in Aquila Park.
Mr. Ayers-Johnson described the site and proposed construction.
Mr. Ayers-Johnson discussed the haul route and construction hours. Construction is
expected to last from early May to late August.
Mr. Ayers-Johnson spoke about tree replacement. He explained that there will be one-to-
one caliper inch ratio tree replacement within the park for phase one.
Mr. Ayers-Johnson stated that a neighborhood meeting was held on February 13. All
questions and comments raised seemed to be satisfactorily addressed at the meeting.
Chair Robertson asked if hauling would be intermittent or if it would occur throughout
construction.
Josh Nelson, Park Maintenance Division, responded that at the beginning of the project
trucks may not stack consecutively as they will have to compact some of the soil.
The Chair asked about the timeline for phase two of the ball parks.
Mr. Nelson said at the direction of the City Council only the schedule for phase one has
been determined.
Commissioner Carper asked who was responsible for lighting. He asked what time lighting
is turned off.
Jim Vaughan, Natural Resources Coordinator, stated that the lighting will be LED which
produces less spill. He said lighting is regulated by timers and on an active evening lights
come off at 10:30 p.m.
Commissioner Johnston-Madison asked who would be responsible for watering of the new
trees.
City Council Meeting of March 19, 2018 (Item No. 8a) Page 7
Title: Aquila Park – Conditional Use Permit
Mr. Vaughan said lately the city works with a non-profit partner, Tree Trust, for community
tree planting. He said Tree Trust is also hired for about two years after planting to follow-
up on monitoring moisture and watering.
Commissioner Tatalovich asked if the city has reached out to Aquila School about
construction in regards to summer programming at the park.
Mr. Ayers-Johnson said the school district has received notification of the neighborhood
meeting and the public hearing.
Mr. Vaughan said that the city’s Parks Superintendent will be reaching out to the school in
April about the construction.
The Chair opened the public hearing. As no one was present wishing to speak, he closed
the public hearing.
Commissioner Peilen made a motion recommending approval of the conditional use permit
subject to conditions recommended by staff. Commissioner Person seconded the motion,
and the motion passed on a vote of 6-0.
City Council Meeting of March 19, 2018 (Item No. 8a)
Title: Aquila Park – Conditional Use Permit Page 8
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City Council Meeting of March 19, 2018 (Item No. 8a)
Title: Aquila Park – Conditional Use Permit Page 9
Meeting: City Council
Meeting Date: March 19, 2018
Action Agenda Item: 8b
EXECUTIVE SUMMARY
TITLE: Bais Yaakov Girls’ High School – Conditional Use Permit with Variance
RECOMMENDED ACTION: Motion to Adopt Resolution granting a Conditional Use Permit
(CUP) with Variance for the operation of a girls’ high school at 4503 and 4509 Minnetonka
Boulevard, subject to conditions.
POLICY CONSIDERATION: Do the CUP and variance requests meet the criteria of the zoning
ordinance?
SUMMARY: Anthony Construction, on behalf of Bais Yaakov of Minneapolis, requests a
conditional use permit (CUP) and variance to add a second story and lobby to the existing building,
and to improve parking and landscaping on the site. The request is to operate a private girls’ high
school on the two parcels. The school currently has 25 students, and estimates future growth up to
45 students.
A conditional use permit is required to operate an educational facility with more than 20 students
in the RC High Density Multiple Family zoning district. A variance is requested to reduce the front
setback from 30.0 feet to 24.8 feet to bring the existing building into compliance with the zoning
ordinance.
A neighborhood meeting was held regarding the project and applications on February 8, 2018. One
community member attended and expressed support for the project. City staff received no other
comments concerning this project.
The planning commission conducted the public hearing on February 21, 2018, at which point no
one testified. The planning commission recommended approval on a 6-0 vote.
FINANCIAL OR BUDGET CONSIDERATION: Not applicable.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Discussion
Resolution
Planning Commission Minutes
Development Plans
Prepared by: Jacquelyn Kramer, Associate Planner
Reviewed by: Sean Walther, Planning & Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
Page 2 City Council Meeting of March 19, 2018 (Item No. 8b )
Title: Bais Yaakov Girls’ High School – Conditional Use Permit with Variance
DISCUSSION
LOCATION:
Comprehensive Plan:
OFC Office
Zoning District:
RC High-Density
Multi-Family
Neighborhood:
Triangle
Surrounding Uses:
East & West: Offices
North & South: Multi-
family residences
BACKGROUND: The parcels are located at 4503 and 4509 Minnetonka Boulevard. Both parcels
are currently owned by Bais Yaakov of Minneapolis. There is an existing one story office building
and parking lot on the western parcel (4509 Minnetonka).
ZONING ORDINANCE ANALYSIS:
Conditional Use Permit Analysis: Bais Yaakov Girls’ High School falls under the “educational
(academic) facilities with more than 20 students” land use category, which is a use permitted by
conditional use permit in the RC zoning district. The application meets all the general conditions
and RC zoning district conditional use requirements for educational facilities of this size. The
specific findings are listed in the findings of fact in the attached resolution.
Variance Analysis: A variance is requested to reduce the front setback from 30 feet to 24.8 feet.
The existing building does not currently meet the front setback minimum in the RC district. The
variance would bring the existing building into compliance with the zoning ordinance, and allow
the construction of an additional floor to the building.
The application meets all criteria for granting a variance, as listed in the findings of fact in the
attached resolution.
PUBLIC PROCESS: A neighborhood meeting was held regarding the project and applications
on February 8, 2018. One community member attended and expressed support for the project.
City staff received no other comments concerning this project.
The planning commission conducted the public hearing on February 21, 2018, at which point no
one testified. The planning commission recommended approval on a 6-0 vote.
Minnetonka Boulevard Monterey Avenue Lynn Avenue
Page 3 City Council Meeting of March 19, 2018 (Item No. 8b )
Title: Bais Yaakov Girls’ High School – Conditional Use Permit with Variance
RESOLUTION NO. 18-____
RESOLUTION GRANTING CONDITIONAL USE PERMIT WITH VARIANCE
UNDER SECTIONS 36-33 AND 36-34 OF THE ST. LOUIS PARK ORDINANCE CODE
RELATING TO ZONING TO REDUCE FRONT SETBACK FOR PROPERTY
LOCATED AT 4503 & 4509 MINNETONKA BOULEVARD
WHEREAS, Anthony Construction, on behalf of Bais Yaakov of Minneapolis, has made
application to the City Council for a Conditional Use Permit (CUP) with Variance for Bais Yaakov
Girls’ High School, located at 4503 & 4509 Minnetonka Boulevard, having the following legal
description:
Lot 2, Block 2, “Fern Hill”, St. Louis Park, Minnesota, Hennepin County, Minnesota
AND
Lots 3 and 4, Block 2, “Fern Hill”, St. Louis Park, Minnesota, Hennepin County,
Minnesota
WHEREAS, the subject property is located in the RC High Density Residential zoning
district;
WHEREAS, Bais Yaakov Girls’ High School is an educational facility with more than
20 students and is permitted by conditional use permit in the RC zoning district;
WHEREAS, the existing front yard of the subject property is 24.87 feet, and a front yard
of 30.0 feet is required in the RC zoning district, and the existing building location is
nonconforming.
WHEREAS, the applicant requests a variance of 5.2 feet to allow the 25.0 feet front yard
and the addition of one-story to the existing building.
NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of St.
Louis Park hereby makes the following findings of fact:
FINDINGS
1. The City Council has considered the information related to Planning Case No. 17-30-CUP
and 17-31-VAR and the effect of the proposed educational facility and variance 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 and
the effect of the variance on the Comprehensive Plan; and compliance with the intent of
the Zoning Ordinance.
2.The proposal meets all the general standards and conditions for a CUP:
a. The proposal is consistent with and supportive of principles, goals, and
implementation strategies of the comprehensive plan.
b. The proposal is not detrimental to the health, safety, morals and general welfare of
the community. There are no undue adverse impacts on properties in close
proximity to the site.
c.The proposal is compliant with all relevant city codes.
Page 4 City Council Meeting of March 19, 2018 (Item No. 8b )
Title: Bais Yaakov Girls’ High School – Conditional Use Permit with Variance
d.The proposal will have no undue adverse impacts on governmental facilities or
services.
e.The proposal is consistent with all site design and landscape plan requirements, and
the plans will be adopted as part of the conditions imposed on the use by the
Council.
f.The proposal is consistent with the City’s stormwater, sanitary sewer, and water
plans.
g.The proposal complies with all conditions imposed by the Council and listed within
the conditional use permit.
3.The proposal meets the following specific standards and conditions for an educational
facility with more than 20 students located in the RC zoning district:
a.Buildings shall be located at least 50 feet from a lot in an R district.
b.An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
c.Outdoor recreation and play areas shall be located at least 25 feet from any lot in
an R district.
d.Access shall be a roadway identified in the comprehensive plan as a collector or
arterial or shall otherwise be located so that access can be provided without
generating significant traffic on local residential streets.
4.The proposal meets the following criteria necessary to grant a front yard variance:
a.The proposal will have no negative impact on the overall health, safety and welfare
of the community.
b.This request is in harmony with the general purposes and intent of the zoning
ordinance because it will allow the existing building to conform to the zoning
ordinance.
c.The proposed variance request is consistent with the comprehensive plan because
it will allow use of the site that is consistent with the land use guidance in the plan.
d.The proposal establishes that there are practical difficulties in complying with the
zoning ordinance.
i.The proposed use of an educational facility is permitted in the zoning
district through a conditional use permit.
ii.The variance is needed due to the location of the existing building. These
circumstances are unique to the site and not created by the current
landowner.
iii.Adjacent properties on the east and west side of the site contain two story
buildings that are similar in height as proposed for this project. There are
also three buildings at 4301, 4315, 4325 Minnetonka Boulevard with the
same front yard setbacks as the subject property that are also in the RC
district and located one block to the east. The variance will not alter the
essential character of the locality.
iv.The expansion of the existing building to two stories is necessary for the
operations of the proposed school.
e.The existing building creates the need for a variance. It is a condition unique to the
property.
f.The variance is necessary for the operation of the high school.
g.The variance will create no undue adverse impacts on nearby properties.
1.The granting of the variance will not merely serve as a convenience to the applicant
but is necessary to alleviate a practical difficulty. Vertically expanding the existing
building, which necessitates the variance, helps limit the footprint of the expanded
Page 5 City Council Meeting of March 19, 2018 (Item No. 8b )
Title: Bais Yaakov Girls’ High School – Conditional Use Permit with Variance
building and allows the site to meet the city’s parking and landscaping
requirements.
5. The contents of Case Nos. 17-30-CUP and 17-31-VAR are hereby entered into and made
part of the public hearing record and the record of decision for this case.
CONCLUSION
NOW THEREFORE BE IT FURTHER RESOLVED that the Conditional Use Permit with
Variance to allow the educational facility with more than 20 students and a reduction in front
setback from 30.0 feet to 24.8 feet are hereby granted based on the findings set forth above and
subject to the following conditions:
1. The property shall be used and developed in accordance with the attached exhibits:
a.Site Plan
b.Grading & Drainage Plan
c.Utility Plan
d. Erosion Control Plan
e. Landscape Plan
f.North and East Elevations
g.South and West Elevations
2.Assent form and official exhibits shall be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of a building permit.
3. Building material samples shall be submitted and approved before issuance of building
permits.
4.All required permits shall be obtained prior to starting construction, including but not
limited to City of St. Louis Park Erosion Control and Building Permits.
5.Under the Zoning Ordinance, this permit shall be revoked and cancelled if the use for which
the conditional use permit and variance ceases.
Reviewed for Administration: Adopted by the City Council March 19, 2018
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
Page 6 City Council Meeting of March 19, 2018 (Item No. 8b )
Title: Bais Yaakov Girls’ High School – Conditional Use Permit with Variance
Excerpts – Official Minutes
Planning Commission
St. Louis Park MN
February 21, 2018
3.Public Hearings
A.Conditional Use Permit with Variance Bais Yaakov Girls High School
Location: 4503 and 4509 Minnetonka Boulevard
Applicant: Anthony Construction
Case No.: 17-30-CUP and 17-31-VAR
Jacquelyn Kramer, Assistant Planner, presented the staff report. The applicant requests a
conditional use permit and variance to add a second story and lobby to the existing building,
and to improve parking and landscaping on the site. The request is to operate a private
girls’ high school. The variance request is to reduce the front setback from 30 feet to 25
feet to bring the existing building into compliance with the zoning ordinance.
Ms. Kramer noted that a section of Minnetonka Blvd. is in Hennepin county’s Capital
Improvements Project for 2023 reconstruction. Staff recommends the applicant discuss
these planned improvements with the county. These include possible right-of-way access
changes and on-road bikeways. She said the current site plan could accommodate any of
those changes. The applicant has been encouraged to work with neighboring properties to
explore shared access and via a side street rather than directly to Minnetonka Blvd.
Ms. Kramer reviewed general conditions for CUPs as well as the specific considerations
that must be met for educational facilities with over 20 students in the RC high-density
multiple-family residential district. She stated that the request meets all conditions.
Ms. Kramer reviewed the criteria for the variance and stated that all criteria are met.
Chair Robertson opened the public hearing. As no one was present wishing to speak, he
closed the public hearing.
Commissioner Peilen commented she is familiar with the site and finds that is a fine use
and consistent with the adjacent properties and the neighborhood.
Chair Robertson said he thought it was a great renovation.
Commissioner Peilen made a motion to recommend approval of the Conditional Use and
Variance subject to conditions recommended by staff. Commissioner Johnston-Madison
seconded the motion, and the motion passed on a vote of 6-0.
City Council Meeting of March 19, 2018 (Item No. 8b)
Title: Bais Yaakov Girls’ High School – Conditional Use Permit with Variance Page 7
Page 8 City Council Meeting of March 19, 2018 (Item No. 8b) Title: Bais Yaakov Girls’ High School – Conditional Use Permit with Variance
Page 9 City Council Meeting of March 19, 2018 (Item No. 8b) Title: Bais Yaakov Girls’ High School – Conditional Use Permit with Variance
Meeting: City Council
Meeting Date: March 19, 2018
Action Agenda Item: 8c
EXECUTIVE SUMMARY
TITLE: Zoning Ordinance Amendment to Allow Clear Acrylic as a Class I Material for
Greenhouses
RECOMMENDED ACTION: Motion to approve First Reading of Ordinance amending Chapter
36 of the City Code relating to architectural material for greenhouses, and to set the second reading
for April 2, 2018.
POLICY CONSIDERATION: Does the city council wish to amend the City Code to allow clear
acrylic glass for greenhouses?
SUMMARY: In 2017 there was an increased interest by community members and developers to
provide opportunities for food growing facilities in St. Louis Park. The city council approved a
food producing greenhouse as part of the PLACE Planned Unit Development, and received interest
and a presentation from a local non-profit advocating for increased access to local, fresh food.
Staff researched the best materials for constructing greenhouses to grow food in Minnesota, and
propose amending the zoning code to allow high impact, non-yellowing, double-skinned acrylic
products to be used for accessory greenhouses.
The University of Minnesota Extension Center for Sustainable Building Research published the
Cold-Climate Greenhouse Resource which is a guidebook for designing greenhouses in
Minnesota. The guidebook suggests using a polycarbonate product; however, over time
polycarbonate yellows. Staff has contacted other commercial greenhouse owners in the area, and
has found the preferred product is clear acrylic. Clear acrylic provides better food growing
environments than polycarbonate and glass. Clear acrylic does not yellow, is strong and unlikely
to break, has higher thermal efficiencies, and is more hygienic for growing food in a sterile
environment.
Staff visited the Marjorie McNeely Conservatory at Como Park which installed clear acrylic for
their production greenhouse over 15 years ago. The material was found to be clean, clear, and well
maintained compared to the traditional glass greenhouses on site.
The planning commission held a public hearing on February 21, 2018 and voted 6 to 0 to
recommend amending the zoning ordinance regarding architectural materials for greenhouses.
VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental
stewardship. We will increase environmental consciousness and responsibility in all areas of city
business.
SUPPORTING DOCUMENTS: Acrylic Glass Greenhouse Renderings
Planning Commission Minutes
Ordinance Draft
Prepared by: Jennifer Monson, Planner
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
Page 2 City Council Meeting of March 19, 2018 (Item No. 8c)
Title: Zoning Ordinance Amendment to Allow Clear Acrylic as a Class I Material for Greenhouses
Page 3 City Council Meeting of March 19, 2018 (Item No. 8c)
Title: Zoning Ordinance Amendment to Allow Clear Acrylic as a Class I Material for Greenhouses
Excerpts – Official Minutes
Planning Commission
St. Louis Park MN
February 21, 2018
3.Public Hearings
B.Zoning Ordinance Amendment – Architectural Materials for Greenhouses
Applicant: City of St. Louis Park
Case No: 18-01-ZA
Jennifer Monson, Planner, presented the staff report. Staff recommends allowing high
impact, double-skinned acrylic products that are a minimum of eight millimeters thick to
be used for greenhouses. She discussed staff research into the best materials for
constructing greenhouses to grow food in Minnesota. Acrylic glass was found to provide
better growing environments than polycarbonate, it does not yellow, has high thermal
efficiencies, is unlikely to break, and is more hygienic for growing food in a sterile
environment. Ms. Monson said staff visited the Marjorie McNelly Conservatory at Como
Park which has used acrylic glass very successfully in their production greenhouse for the
last 15 years. She noted that the Planning Commission reviewed staff research at a study
session on December 6, 2017. Ms. Monson showed a sample of the material to
commissioners.
Commissioner Johnston-Madison asked if the acrylic material is produced in Minnesota.
Ms. Monson said she would look into that question.
Commissioner Person asked about the R value of the material compared to glass.
Ms. Monson responded that it is less, perhaps around 86%. It is higher than the
polycarbonate. She said she would confirm that information.
Chair Robertson opened the public hearing. As no one was present wishing to speak he
closed the public hearing.
Commissioner Person asked how the cost compares to glass.
Ms. Monson responded that it is less than glass and higher than polycarbonate.
Commissioner Peilen asked the Chair for his thoughts on the material.
Chair Robertson said the material makes perfect sense to him.
Commissioner Peilen made a motion recommending approval of the amendment to the
Zoning Ordinance pertaining to Architectural Materials for Greenhouses. Commissioner
Johnston-Madison seconded the motion, and the motion passed on a vote of 6-0.
Page 4 City Council Meeting of March 19, 2018 (Item No. 8c)
Title: Zoning Ordinance Amendment to Allow Clear Acrylic as a Class I Material for Greenhouses
ORDINANCE NO. ___-18
ORDINANCE AMENDING THE ST. LOUIS PARK
CODE OF ORDINANCES CHAPTER 36 RELATING TO
ARCHITECTURAL MATERIALS FOR GREENHOUSES
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. That Chapter 36 of the Code of Ordinances pertaining to zoning, City of St.
Louis Park, Minnesota, is hereby amended to read as follows:
ARTICLE V. SPECIAL PROVISIONS
***
Sec. 36-366. Architectural design.
***
(2)Building Materials. Exterior surface materials of buildings shall be installed in accordance
with the adopted building code and the manufacturer’s specifications, and shall be subject
to the following regulations:
a.Classes of materials. Materials shall be divided into class I, class II and class III
categories as follows:
1.Class I. Brick, marble, granite or other natural stone, textured cement stucco,
copper, porcelain and glass are class I exterior building materials on buildings
other than those used as dwellings which contain four or fewer dwelling units.
Wood, vinyl siding, fiber-reinforced cement board and prefinished metal are
class I materials on residential buildings containing four or fewer dwelling units
in addition to the other class I materials listed in this subsection. Wood is a class
I material on park buildings under 3,000 square feet. Clear acrylic that is high
impact, double-skinned, non-yellowing, and a minimum eight (8) millimeter
thick may be classified as a Class I material for greenhouses. If a minimum of
two other Class I materials are in use, clapboard and shake-style fiber-
reinforced cement board with a minimum thickness of ¼ inch may be used as a
Class I material for up to 10 percent of the façade on residential buildings with
more than four (4) units. “Smooth” finish fiber-reinforced cement board is not
permitted as a Class I material.
***
(3)Additions and accessory structures. The exterior wall surface materials, roof treatment,
colors, textures, major divisions, proportion, rhythm of openings, and general architectural
character, including horizontal or vertical emphasis, scale, stylistic features of additions,
exterior alterations, and new accessory buildings shall address and respect the original
architectural design and general appearance of the principal buildings on the site and shall
comply with the requirements of this section. Clear acrylic that is high impact, double-
skinned, non-yellowing, and a minimum eight (8) millimeter thick may be classified as a
Class I material for accessory greenhouses.
Page 5 City Council Meeting of March 19, 2018 (Item No. 8c)
Title: Zoning Ordinance Amendment to Allow Clear Acrylic as a Class I Material for Greenhouses
SECTION 2. This ordinance shall take effect fifteen days after its publication.
Reviewed for Administration Adopted by the City Council April 2, 2018
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to Form and Execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
First Reading March 19, 2018
Second Reading April 2, 2018
Date of Publication April 12, 2018
Date Ordinance takes effect April 27, 2018
Meeting: City Council Meeting
Date: March 19, 2018 Action
Action Agenda Item: 8d
EXECUTIVE SUMMARY
TITLE: 2018 International Association of Firefighters (IAFF) Local #993 Labor Agreement
RECOMMENDED ACTION: Motion to Adopt Resolution approving a labor agreement
between the City and the IAFF Local #993, establishing terms and conditions of employment for
two years, from 1/1/18 – 12/31/19.
POLICY CONSIDERATION: Does Council wish to approve the labor agreement between the
City and the Local #993 Union?
SUMMARY: Staff is pleased to bring to Council the details of this contract agreement between
the City and Union for 2018-2019. The City and Local 993 Union had a number of negotiation
sessions and have come to agreement on the following changes to the contract:
Duration of two years (1/1/18 – 12/31/19).
Wage increase of 3% for 2018 and 2019. This group has again declined the City’s proposal to
increase pay to the 85th percentile target pay with a statement that required above average
performance in order to move through the step progression.
Employer contribution for benefits same as other groups for 2018-2019.
Increase to supplemental pay for employees assigned to work as Fire Prevention Specialists by
3% in 2018 and 2019.
Increasing minimum pay for emergency call backs to three hours (from two hours).
Clarifying/housekeeping language on clothing allowance and tramp pay (relocating a
firefighter from their home station to the other).
Staff recommends approval. The proposed contract is on file with the City Clerk. More detail is
available upon request.
FINANCIAL OR BUDGET CONSIDERATION: The amount recommended has been
included in the 2018 budget and will be built into the 2019 budget.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Resolution
Prepared by: Ali Timpone, HR Manager
Reviewed by: Nancy Deno, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
Page 2 City Council Meeting of March 19, 2018 (Item No. 8d)
Title: 2018-2019 IAFF Union Agreement
RESOLUTION NO. 18-____
RESOLUTION APPROVING THE LABOR AGREEMENT
BETWEEN
THE CITY OF ST. LOUIS PARK
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL #993
JANUARY 1, 2018 – DECEMBER 31, 2019
WHEREAS, the City and the Union have reached a negotiated settlement covering the
terms and conditions of a labor agreement as permitted by the State of Minnesota Public
Employees Labor Relations Act, and
WHEREAS, the City Council may enter into such agreements as authorized by its Charter;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park that the Mayor and City Manager are authorized to execute a Collective Bargaining
Agreement, City Contract #______ between the City of St. Louis Park and International
Association of Firefighters (IAFF), Local #993, effective January 1, 2018 – December 31, 2019.
Reviewed for Administration: Adopted by the City Council March 19, 2018
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk