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HomeMy WebLinkAbout2023/02/21 - ADMIN - Agenda Packets - City Council - RegularAGENDA FEB. 21, 2023 The St. Louis Park City Council is meeting in person at St. Louis Park City Hall, 5005 Minnetonka Blvd. Members of the public can attend the meeting in person, watch by webstream at bit.ly/watchslpcouncil, or watch on local cable (Comcast SD channel 17/HD channel 859). You can provide comment on agenda items in person at the council meeting or by emailing your comments to info@stlouisparkmn.gov by noon the day of the meeting. Comments must be related to an item on the meeting agenda. Comments will be shared with the city council by providing copies for their review at the meeting. Recordings are available to watch on the city’s YouTube channel at https://www.youtube.com/user/slpcable, usually within 24 hours of the end of the council meeting or study session. 6:30 p.m. CITY COUNCIL MEETING – council chambers 1.Call to order a.Roll call b.Pledge of Allegiance c.Appointment of council member at large A d.Oath of office 2.Approve agenda 3.Presentations a.Proclamation honoring Dorothy Karlson 4.Minutes a.City council meeting minutes of Jan. 3, 2023. b.Study session minutes of Jan. 10, 2023. c.Study session minutes of Jan. 23, 2023. d.Study session minutes of Jan. 30, 2023. e.Study session minutes of Jan. 3, 2023. f.City council meeting minutes of Oct. 17, 2022. g.City council meeting minutes of Nov. 7, 2022. h.City council meeting minutes of Dec. 19, 2022. 5.Consent items a.Adopt ordinance rescinding Ordinance 641 and setting an effective date of March 17, 2023. b.Adopt resolution accepting the project report, establishing the 2023 Alley Reconstruction Project (4023-1500), approving plans and specifications, and authorizing advertisement for bids. c.Adopt resolution authorizing the special assessment for the installation of solar array at STEP: St. Louis Park Emergency Program, 6812 West Lake Street, St. Louis Park, MN. P.I.D. 17- 117-21-41-0098. d.Adopt resolution establishing a special assessment for the abatement of unsafe conditions for human occupancy of the hazardous building located at 3056 Edgewood Ave. S. St. Louis Park, MN 55426. e.Adopt resolution authorizing installation of permit parking restrictions in front of 2708 Dakota Avenue. f.Adopt resolution authorizing installation of permit parking restrictions in front of 3601 Lynn Avenue. Meeting of Feb. 21, 2023 City council agenda g. Adopt resolution approving renewal with conditions of an on-sale intoxicating and on-sale Sunday liquor license for Loop West End LLC dba The Loop for the license term March 1, 2023, through March 1, 2024. 6.Public hearings a.Public hearing to consider allocation of 2023 Community Development Block Grant (CDBG) Funds. Recommended action: Mayor to open public hearing, take public testimony, and close public hearing. Motion to adopt resolution approving proposed use of 2023 Urban Hennepin County Community Development Block Grant funds and authorize execution of sub-recipient agreement with Hennepin County and any third-party agreements. 7.Regular business a.First reading of an ordinance amending city code chapter 3 related to alcoholic beverages 8.Communications and announcements a.Planning commission minutes of July 6, 2022. b.Planning commission minutes of November 16, 2022. c.Planning commission study session minutes of October 12, 2022. d.Planning commission study session minutes of October 19, 2022. e.Park and recreation advisory commission minutes of October 19, 2022. f.Park and recreation advisory commission minutes of December 7, 2022. 9.Adjournment **NOTE: Consent items of business are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion or separate vote is desired by either a council member or a member of the public, that item may be moved to an appropriate section of the agenda under regular business. St. Louis Park Economic Development Authority and regular city council meetings are carried live on civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for video on demand replays. The agenda and full packet are available after noon on Friday on the city’s website. If you need special accommodations or have questions about the meeting, please call 952.924.2505. Meeting: City council Meeting date: February 21, 2023 Action agenda item: 1c Executive summary Title: Appointment of council member at large A Recommended action: Motion to adopt resolution appointing Yolanda Farris to the office of council member at large A effective February 21, 2023, until January 2, 2024. Policy consideration: Not applicable. Summary: On Nov. 21, 2022, the city council adopted Resolution No. 22-177 accepting the resignation of Council Member Larry Kraft effective Dec. 30, 2022, and declaring a vacancy for the office of council member at large A. Council Member Kraft resigned following his election to the Minnesota Legislature. The city council is required to appoint a person to the seat for the remainder of the term expiring Jan. 2, 2024. Applications for the vacancy were accepted Nov. 22 - Dec. 6, 2022. A total of 24 applications were received. Interviews were conducted in rounds. The city council interviewed 17 applicants during the first round of interviews on January 10, 2023. Applicants participated in panel-style question and answer sessions with the city council. The council evaluated each applicant on the following criteria: thoughtful, compassionate, collaborative, diverse perspective, city focused. A total of seven (7) applicants were invited to participate in the second round of interviews held on January 23, 2023. Applicants participated in a question-and-answer session with the city council followed by participation in a simulated study session discussion. The city council shared their initial thoughts and observations following the interview session in the context of the previously established criteria. The city council met in study session on January 30, 2023, to continue their debrief discussion and used a ranked-choice voting exercise to facilitate their decision-making process. Each council member ranked their top three (3) choices. After one round of counting, it was announced that Yolanda Farris received the required number of first- choice votes to be appointed to the office of council member at large A. Following council approval of the appointment, the oath of office will be administered to Ms. Farris. Financial or budget considerations: Not applicable Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Melissa Kennedy, city clerk Reviewed by: Cheyenne Brodeen, administrative services director Approved by: Kim Keller, city manager City council meeting of February 21, 2023 (Item No. 1c) Page 2 Title: Appointment of council member at large A Resolution No. 23-____ Resolution appointing Yolanda Farris to the office of council member at large A Whereas, at large A councilmember, Larry Kraft, has resigned from his position effective Dec. 30, 2022; and Whereas, pursuant to Chapter 2.05 of the city charter the council has declared a vacancy for the remainder of the unexpired term; and Whereas, council is required to appoint an eligible person to fill that vacancy for the remainder of the unexpired term; and Whereas, council used an application and interview process to make their appointment and has considered the merits of each applicant and the welfare and interests of St Louis Park residents; Now therefore be it resolved, by the City Council of St. Louis Park that Yolanda Farris is hereby appointed to the office of council member at large A effective February 21, 2023, for the remainder of the term to expire on January 2, 2024. Reviewed for administration: Adopted by the city council February 21, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 21, 2023 Presentation: 3a Executive summary Title: Proclamation honoring the life and contributions of Dorothy Karlson to the St. Louis Park community Recommended action: Mayor to read proclamation honoring Dorothy Karlson and present certificate to Karlson family. Policy consideration: None. Summary: Dorothy Karlson was an active and engaged member of the St. Louis Park community, beloved by the many people with whom she connected. Dorothy touched many lives during the course of her 30-year teaching career, primarily as a reading resource teacher. Her kindness, compassion, and dedication to servant leadership were demonstrated in her volunteer work with Prince of Peace and Vista Lutheran churches where she was an active member of many groups including Bookmark in the Park, Hooks and Needles, and the Alice Smith Sisterhood. In addition to her work within the faith community, Dorothy was a proud member of the League of Women Voters, playing a pivotal role in starting the Empty Bowls and Kids Voting programs, and a strong advocate for affordable housing initiatives in St. Louis Park – most notably the Rise on 7 project. The city is honored to celebrate the life and contributions of Dorothy Karlson and recognize her lasting impact on the St. Louis Park community. Financial or budget considerations: Not applicable. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Proclamation Prepared by: Melissa Kennedy, city clerk Approved by: Kim Keller, city manager City council meeting of February 21, 2023 (Item No. 3a) Page 2 Title: Proclamation celebrating the life and contributions of Dorothy Karlson to the St. Louis Park community Proclamation honoring the life and contributions of Dorothy Karlson Whereas Dorothy Karlson was a beloved, active, engaged, and influential member of the St. Louis Park community; and Whereas Dorothy touched the lives of countless members of the community through her dedication to service; and Whereas Dorothy had a distinguished 30-year teaching career; and Whereas Dorothy was a dedicated member and leader within the faith communities of Prince of Peace and Vista Lutheran churches, actively participating in many groups including Bookmark in the Park, Hooks and Needles, and the Alice Smith Sisterhood; and Whereas Dorothy was a proud member of the League of Women Voters, playing a pivotal role in starting the Empty Bowls and Kids Voting programs; and Whereas Dorothy was a passionate advocate for affordable housing initiatives in the community, most notably the Rise on 7 project; and Whereas Dorothy left a lasting impact on her friends and family through her dedication to service in the community. Now therefore, let it be known that the mayor and city council of the City of St. Louis Park, Minnesota, hereby honor the life and contributions of Dorothy Karlson to the St. Louis Park community. Wherefore, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 21st day of February 2023. _________________________________ Jake Spano, mayor Meeting: City council Meeting date: February 21, 2023 Minutes: 4a Unofficial minutes City council meeting St. Louis Park, Minnesota Jan. 3, 2023 1. Call to order Mayor Spano called the meeting to order at 6:30 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Nadia Mohamed, and Margaret Rog Councilmembers absent: none Staff present: City Manager (Ms. Keller), Deputy City Manager (Ms. Walsh), Project Engineer (Mr. Wiesen), Communications and Technology Director (Ms. Smith), Community TV Coordinator (Mr. McHugh) Guests: none 2. Presentations 2a. Proclamation declaring Jan. 16 as “Martin Luther King, Jr., Federal Holiday, 2023” Mayor Spano read the proclamation and described his experience in Washington DC, with staff and councilmember Mohamed at the Lincoln Memorial and discussions about Rev. Dr. Martin Luther King, Jr. 2b. Proclamation declaring Jan. 17 as “National Day of Racial Healing” Mayor Spano read the proclamation. Councilmember Mohamed stated this was a powerful way to open the first council meeting of 2023. Ms. Keller stated the city is holding an event on Jan. 16 from 4 - 7 p.m. at Westwood Hills Nature Center, noting this is a family event and a place for conversations. 2c. Retirement recognition for Community TV Coordinator John McHugh Mayor Spano read a resolution in honor of Mr. McHugh. Mr. McHugh made comments, thanking the council for their support of Community Park TV, specifically for school students who are able to see themselves on TV and YouTube. City council meeting of February 21, 2023 (Item No. 4a) Page 2 Title: City council meeting minutes of Jan. 3, 2023 Councilmember Rog recalled a memory of Mr. McHugh who assisted her with a video several years ago. She noted his professionalism and the events he has documented over the years. Councilmember Brausen thanked Ms. McHugh on behalf of the students of St. Louis Park. 2d. Recognition of donations Mayor Spano recognized the donation from Discover St. Louis Park in an amount not to exceed $2,000 for flight, hotel, transportation, and per diem related expenses for Jason West, parks and recreation director, to attend Sports Events & Tourism Association (ETA) in Kansas City, Missouri, on May 8-11, 2023. 3. Approval of minutes 3a. City council meeting minutes of Sept. 19, 2022 It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve the Sept. 19, 2022, city council meeting minutes as presented. The motion passed 6-0. 3b. City council meeting minutes of Oct. 3, 2022 It was moved by Councilmember Rog, seconded by Councilmember Mohamed, to approve the Oct. 3, 2022, city council meeting minutes as presented. The motion passed 6-0. 3c. Special study session meeting minutes of Oct. 3, 2022 It was moved by Councilmember Budd, seconded by Councilmember Brausen, to approve the Oct. 3, special study session meeting minutes as presented. The motion passed 6-0. 3d. Special study session meeting minutes of Oct. 17, 2022 It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve the Oct. 17, 2022, special study session meeting minutes as presented. The motion passed 6-0. 4. Approval of agenda and items on consent calendar City council meeting of February 21, 2023 (Item No. 4a) Page 3 Title: City council meeting minutes of Jan. 3, 2023 4a. Accept for filing city disbursement claims for the period of Nov.26 through Dec. 23, 2022. 4b. Adopt Resolution No. 23-001 designating the St. Louis Park Sun-Sailor as the city’s official newspaper for 2023. 4c. Adopt Resolution No. 23-002 declaring 2023 city council meeting dates. 4d. Adopt Resolution No. 23-003 appointing councilmembers to the office of mayor pro tem for the 2023 calendar year. 4e. Adopt Resolution No. 23-004 approving the agency agreement between the Minnesota Department of Transportation and the City of St. Louis Park. 4f. Adopt Resolution No. 23-005 accepting work and authorizing final payment in the amount of $34,864.11 for the alley reconstruction project with G.L. Contracting, Inc. – contract no. 64-22. 4g. Adopt Resolution No. 23-006 recognizing John McHugh for his years of service. 4h. Adopt Resolution No. 23-007 approving the final specifications and authorizing advertisement for bids for the removal of trees on public property. 4i. Adopt Resolution No. 23-008 approving the final specifications and authorizing advertisement for bid for the removal of trees on private property. 4j. Adopt Resolution No. 23-009 authorizing bank signatories. 4k. Adopt Resolution No. 23-010 designating Citizens Independent Bank and 4M fund as official depositories for city funds in 2023. 4l. Adopt Resolution No. 23-011 to recognize Public Service Worker Don Struck for more than 25 years of service. 4m. Adopt Resolution No. 23-012 approving acceptance of a monetary donation from Discover St. Louis Park in an amount not to exceed $2,000 for flight, hotel, transportation and per diem related expenses for Jason West, parks and recreation director, to attend Sports Events & Tourism Association (ETA) in Kansas City, MO on May 8-11, 2023. It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0. 5. Boards and commissions – none 6. Public hearings 6a. 2023 Pavement Management Project – (4023-1000) Mr. Wiesen presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Councilmember Brausen shared the concerns of Roger Gredell who owns a commercial property at 2238 Edgewood Ave., where parking restrictions will be in place. He stated City council meeting of February 21, 2023 (Item No. 4a) Page 4 Title: City council meeting minutes of Jan. 3, 2023 Mr. Gredell objects to no parking in front of his building on Edgewood Avenue as he has tenants that use the on-street parking here. Councilmember Mohamed also noted she heard from four people including a school board member and stated all four were excited about a community sidewalk on both the north and south sides. The city council will act on this item at the Jan. 17, 2023, meeting. 7. Requests, petitions, and communications from the public – none 8. Resolutions, ordinances, motions and discussion items 9. Communications Mayor Spano noted there is a snow emergency this evening beginning at 10 p.m. He encouraged folks to move their vehicles off streets. He added during the last snow event there was a posting on Next Door saying they thought they were going to be disappointed by St. Louis Park’s snow removal but came back a few hours later to post they were very happy with the city’s work on snow removal. Mayor Spano thanked everyone on staff and residents for their work during snow removal. Ms. Keller stated the public works department will be on the road again tonight and given the volume of the snow this time, it may take a bit longer for snow removal. 10. Adjournment The meeting adjourned at 7:10 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: February 21, 2023 Minutes: 4b Unofficial minutes City council study session St. Louis Park, Minnesota Jan. 10, 2023 The meeting convened at 5:35 p.m. Councilmembers present: Mayor Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Nadia Mohamed, and Margaret Rog Councilmembers absent: None. Staff present: City Manager (Ms. Keller), City Clerk (Ms. Kennedy), Elections & Civic Engagement Coordinator (Mr. Sund) Guests: Applicants for at large A city council vacancy (Paul Baudhuin, Yolanda Farris, Leah Lamon, Karen McCarren, Michael Siegler, Richard Webb, Eric Britt, Michael Garelick, Jim Leuthner, DeAnne Markus, Brad Pappas, Maren Anderson, Jim Beneke, Patrick Guddal, and Dimitrios (Dimi) Lalos, Saul Eugene, Avi Olitzky) 1. City council vacancy interview and appointment process The city council interviewed 17 applicants for the office of at large A council member. Applicants participated in panel-style question and answer sessions with the city council. Two applicants participated via video submission. Each applicant was asked to answer the following questions: • What are the most important issues facing the City of St. Louis Park over the next 5 years and how have you provided leadership in those areas? • Given this is an at-large seat, what does availability and responsiveness to constituents mean to you? • What qualities or dynamics are important to you in a work team? How do you contribute to a healthy team environment? • Please share a time you were involved in a group decision-making process that encountered conflict and there was disagreement amongst the group. How did you work to resolve the situation? How might that experience be useful as a council member? • When you hear about something that concerns you in the city, what steps do you take? Would this differ as a council member? • What unique qualities or experiences do you have that would contribute to ensuring a variety of perspectives on the council? The city council evaluated each applicant on the following criteria: thoughtful, compassionate, collaborative, diverse perspective, city focused. Following the conclusion of the first round of interviews the council submitted their scores. The aggregate data was used to determine which applicants would be invited to a second-round interview on January 23, 2023. The meeting adjourned at 8:00 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: February 21, 2023 Minutes: 4c Unofficial minutes City council study session St. Louis Park, Minnesota Jan. 23, 2023 The meeting convened at 5:30 p.m. Councilmembers present: Mayor Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Nadia Mohamed, and Margaret Rog Councilmembers absent: None. Staff present: City Manager (Ms. Keller), Engineering Director (Ms. Heiser), City Clerk (Ms. Kennedy) Guests: Applicants for at large A city council vacancy (Paul Baudhuin, Yolanda Farris, Leah Lamon, Karen McCarren, Maren Anderson, Avi Olitzky, Dimitrios (Dimi) Lalos) 1. City council vacancy interview and appointment process The city council interviewed seven (7) applicants for the office of at large A council member. Applicants participated in a question-and-answer session with the city council, with one applicant participating remotely. Each applicant was asked to answer the following questions: • The cost of providing essential and necessary services to the community goes up every year. Would you propose any new programs for St. Louis Park, and if so, how would you fund them? • Tell us about a time you took responsibility/accountability for something you did or said that offended another person and how you handled the situation. • What's your position on property taxes in SLP? How do you see yourself navigating decisions between making new investments, for example in climate action, housing, and infrastructure, and the tax impacts of those investments on residents and businesses? • Scenario: A person goes on social media attacking you and a vote took on the council. The post is angry and calling on you to “rectify” this with some specific action. Question: Do you respond to the person and if so, how? If not, why? Would your response be different if it was a group of 5 people? 10 people? People from your own neighborhood? • Tell us about a time you had to make a decision without a full understanding of all the details. How did you handle that? • Please provide an example of the work you've done around racial equity. Please provide an example of work you've done personally (internal) and with your organization and community (external). The applicants participated as a group in a simulated study session discussion facilitated by Mayor Spano, City Manager Keller, and Ms. Heiser. The topic discussed was related to public parking. The applicants were asked to use the information provided in a mock staff report and City council meeting of February 21, 2023 (Item No. 4c) Page 2 Title: Study session minutes of Jan. 23, 2023 the conversation at the session to share their position on the topic and provide policy direction to staff. The city council shared their initial thoughts and observations following the interview session in the context of the previously established criteria: thoughtful, compassionate, collaborative, diverse perspective, and city focused. The city council did not score applicants during this round of interviews. The city council agreed to meet in study session on January 30, 2023, to continue their debrief discussion and to use a ranked-choice voting exercise to facilitate their decision- making process. Ms. Kennedy provided a brief overview of ranked-choice voting rules and potential outcomes with six (6) voters. The council directed staff to prepare a ranked-choice ballot for the study session on January 30 that would list the seven (7) remaining applicants and allow council to rank up to three (3) choices. Written reports: 2. Quarterly development update – 1st Quarter 2023 3. Application for financial assistance – Union Park Flats 4. Dakota Park bridge improvements – project update (city project no. 2122-1806) Ms. Keller stated the council last discussed this project in November. At that time the project estimate had come in significantly higher than originally projected. She explained staff are ready to proceed with engagement on all three (3) options presented in the reported, if council is comfortable with proceeding. She noted the project had not gone out for bid and would still need to be brought back to the council for a final decision. Councilmember Brausen asked if one of the options was to not build the bridge. Ms. Keller stated yes, one of the options is to divert and install a trail that would meet ADA specifications. The second option is to install a boardwalk bridge that has the same life span as a steel truss bridge but would have additional maintenance costs within the life span. The third option is to move forward with the steel truss bridge that was included in the capital improvement plan (CIP) previously adopted by the council. She noted the question for council at this time is whether they want to proceed with engagement on all three (3) options. Councilmember Rog stated because this project is in Ward 1 she did ask residents of her ward for feedback regarding this project. So far she has heard that people strongly feel that this is an integral part of this park, but would prefer that the city not spend the money. She explained she is unsure of the right thing to do because this park is the heart of Ward 1. Given the estimated cost, she feels that this is a great opportunity to put the question out to the community to see how important the bridge is to people. She noted her concern is that the bridge that is currently in place is too narrow to be plowed and that results in increased cost and staff resources to shovel. The proposed bridge would be wider, which would allow the city to plow using equipment, but that is also a factor that is driving the cost. She noted the boardwalk option is not that much cheaper than the steel truss bridge and comes with additional maintenance costs. She would love to see an option for a narrower steel truss bridge that perhaps would not be maintained in the winter months. City council meeting of February 21, 2023 (Item No. 4c) Page 3 Title: Study session minutes of Jan. 23, 2023 Ms. Keller stated staff have not prepared that fourth option for public engagement purposes. If the project is going to stay on track for completion this year, staff need to move forward with engagement soon. Mayor Spano stated he loves the idea of asking the community for help deciding whether to make the investment in the bridge. He explained he is comfortable with staff moving forward with engagement around the three (3) options. Councilmember Brausen suggested posing two questions to the community, with the first being whether to build a bridge and the second on the type of bridge. He stated this would allow the council to better understand if people are interested in making the investment in the amenity. Councilmember Mohamed stated she is in favor of doing engagement city wide, rather than only asking residents of Ward 1. Councilmember Rog suggested reaching out to the principal at Peter Hobart to perhaps try to engage the students on the question as well. Ms. Keller stated she would check in with staff on details of the engagement plan to see if there is an opportunity to capture all users of the park, both within Ward 1 and the broader community. 5. Business terms – purchase and redevelopment contract for OlyHi development The meeting adjourned at 8:40 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: February 21, 2023 Minutes: 4d Unofficial minutes City council study session St. Louis Park, Minnesota Jan. 30, 2023 The meeting convened at 5:50 p.m. Councilmembers present: Mayor Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Nadia Mohamed, and Margaret Rog Councilmembers absent: None. Staff present: City Manager (Ms. Keller), City Clerk (Ms. Kennedy), Elections and Civic Engagement Coordinator (Mr. Sund) Guests: None. 1. City council vacancy interview and appointment process Mayor Spano stated Maren Anderson withdrew her name from consideration for the council vacancy. He thanked Ms. Anderson on behalf of the council for her participation in the process. Mayor Spano stated one (1) applicant reached out to council after the interviews last week to inform them that if selected they would request the council to change their meeting schedule to hold meetings on Wednesdays rather than Mondays. The applicant indicated that without a change to the meeting schedule, they would not be able to fulfill the commitment as a council member. The council discussed the request and determined that logistically it did not make sense to consider changing the meeting schedule at this time. The city council shared their thoughts regarding the remaining applicants. They discussed the merits and strengths of each applicant, noting that each person was impressive and would make a fine councilmember. The city council agreed to move forward with the ranked-choice voting exercise. Each council member was provided with a ballot and asked to rank their top three (3) choices. With six voters, the threshold to be selected was four (4) votes. Following the conclusion of voting, Ms. Kennedy and Mr. Sund reviewed the ballots and performed a hand count. After one round of counting it was announced that Yolanda Farris received the required number of first-choice votes to be selected as the next at large A council member. The city council discussed next steps and determined that Ms. Farris will take the oath of office and begin her term on February 21, 2023. The meeting adjourned at 6:25 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: February 21, 2023 Minutes: 4e Unofficial minutes City council special study session St. Louis Park, Minnesota Jan. 3, 2023 The meeting convened at 5:20 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Nadia Mohamed, and Margaret Rog Councilmembers absent: none. Staff present: City Manager (Ms. Keller), Elections and Civic Engagement Coordinator (Mr. Sund), Administrative Services Director (Ms. Brodeen) 1. Council interview criteria discussion Mr. Sund presented an overview and led a facilitated discussion to establish evaluation criteria for the council vacancy appointment process. He noted the council’s input and direction would be reflected in the scoring and evaluation tools used throughout the process and to develop interview questions. Council discussed and provided feedback to questions centered on their role and work on the council to identify, collectively, the qualities they would most like to see in their next member. • What qualities make you most successful in your work on city council? • What qualities do you hope to see in an applicant in this process? • What perspectives or qualities are needed to help council have better balance? At the end of the exercise, the following criteria were established: thoughtful, compassionate, collaborative, diverse perspective, and city-focused. Mr. Sund noted the first round of interviews were scheduled for January 10, 2023. The meeting adjourned at 6:20 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: February 21, 2023 Minutes: 4f Unofficial minutes City council meeting St. Louis Park, Minnesota Oct. 17, 2022 1.Call to order Mayor Spano called the meeting to order at 6:30 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Larry Kraft, Nadia Mohamed, and Margaret Rog Councilmembers absent: Nadia Mohamed Staff present: City Manager (Ms. Keller), City Attorney (Mr. Mattick), Deputy City Manager (Ms. Walsh), Director of Building and Energy (Mr. Hoffman), Finance Manager (Ms. Weller), Director of Community Development (Ms. Barton) Communications and Technology Director (Ms. Smith), Property Management and Licensing Manager (Mr. Pivec), Lt. Garland 2. Presentations 2a. Proclamation declaring November 2022 as Lung Cancer Awareness Month Mayor Spano read the proclamation declaring the month of November as Lung Cancer Awareness Month. 2b. Recognition of donations Mayor Spano recognized the following donations: •$2,200 donation to the Parks and Recreations Department from Roger Schwartz and Kathleen Rounds for a bench at Westwood Hills Nature Center honoring Kathleen Rounds. •$2,200 donation from Mark Margolis for a bench at Westwood Hills Nature Center honoring Mike Melokowski •$100 donation from Margaret Buray for enhancement in program needs at Westwood Nature Center in memory of Arthur Clausen. •$500 donation from Claudia and Bill England for park and program enhancements at Westwood Hills Nature Center. •$20 donation from Tracy Pepper for park and program enhancements at Westwood Hills Nature Center. 3.Approval of minutes 3a. Study session minutes of July 25, 2022 City council meeting of February 21, 2023 (Item No. 4f) Page 2 Title: City council meeting minutes of October 17, 2022 It was moved by Councilmember Rog, seconded by Councilmember Kraft, to approve the July 25, 2022, study session minutes as presented. The motion passed 6-0 (Councilmember Mohamed absent). 3b. City council meeting minutes of Aug. 15, 2022 It was moved by Councilmember Budd, seconded by Councilmember Rog, to approve the Aug. 15, 2022, city council meeting minutes as presented. The motion passed 5-0-1 (Councilmember Mohamed absent and Councilmember Kraft abstained). 3c. Study session minutes of Aug. 22, 2022 Councilmember Brausen noted on page 1 it should read, “….cost of living/inflation… expenses for the city have risen the same amount…” Councilmember Kraft noted on page 2 it should read, “…like Councilmember Brausen, but he has also heard from folks that are hurting….and indicated he is not comfortable with it.” It was moved by Councilmember Kraft, seconded by Councilmember Brausen, to approve the Aug. 22, 2022, study session meeting minutes as corrected. The motion passed 6-0 (Councilmember Mohamed absent). 3d. City council meeting minutes of Sept. 6, 2022 It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve the Sept. 6, 2022, city council meeting minutes as presented. The motion passed 6-0 (Councilmember Mohamed absent). 4. Approval of agenda and items on consent calendar 4a. Adopt Resolution No. 22-148 establishing the employer contribution for benefits in 2023. 4b. Approve Ordinance No. 2656-22 establishing fees for 2023 as outlined in Appendix A of the city code of ordinances. 4c. Adopt Resolution imposing civil penalties for liquor license violations. (This item was removed from the consent calendar and considered as regular agenda as item 8b.) 4d. 2023 budget and property owner services charges for Special Service Districts I. Adopt Resolution No. 22-149 setting the 2023 Special Service District No. 1 budget and property owner service charges, accepting a contribution from Parkshore Senor Campus and directing staff to certify the annual service charges to Hennepin County. City council meeting of February 21, 2023 (Item No. 4f) Page 3 Title: City council meeting minutes of October 17, 2022 II. Adopt Resolution No. 22-150 setting the 2023 Special Service District No 2. budget and property owner service charges and directing staff to certify the annual service charges to Hennepin County. III. Adopt Resolution No. 22-151 setting the 2023 Special Service District No 3. Budget and property owner service charges and directing staff to certify the annual service charges to Hennepin County and recertify Special Service District No. 3 for another ten-year term. IV. Adopt Resolution No. 22-152 setting the 2023 Special Service District No 4. budget and property owner service charges and directing staff to certify the annual service charges to Hennepin County. V. Adopt Resolution No. 22-153 setting the 2023 Special Service District No 5. budget and property owner service charges and directing staff to certify the annual service charges to Hennepin County. VI. Adopt Resolution No. 22-154 setting the 2023 Special Service District No 6. budget and property owner service charges and directing staff to certify the annual service charges to Hennepin County. 4e. Approve Ordinance No. 2657-22 amending the Zero Waste Packaging ordinance. 4f. Adopt Resolution No. 22-155 authorizing the city manager to enter a contract extension with Redpath and Company for the 2022 audit. 4g. Adopt Resolution No. 22-156 committing the city to a 10-year term for LOGIS replacement enterprise resource planning and utility billing software solutions. 4h. Adopt Resolution No. 22-157 approving deferral of special assessments – 450 Ford Rd, Units 113, 208, 211, 214, 228, 302, 306, 312, 322 & 330, St. Louis Park, MN 55426. 4i. Adopt Resolution No. 22-158 authorizing the special assessment for the repair of the sewer service line at 2212 Kentucky Avenue South, St. Louis Park, MN. P.I.D. 08-117-21-12-0109. 4j. Accept for filing city disbursement claims for the period of August 27 through September 23, 2022. 4k. Adopt Resolution No. 22-159 accepting donations to parks and recreation department. 4l. Adopt Resolution No. 22-160 supporting the French Regional Park Master Plan prepared by Three Rivers Park District. 4m. Adopt Resolution No. 22-161 rescinding Resolution 19-013, removing permit parking at 3144 Hampshire Avenue. Councilmember Kraft requested that consent item 4c be removed and placed on the regular agenda as item 8b. It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to approve the agenda and items listed on the consent calendar as amended to move consent item 4c to the regular agenda as item 8b; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Mohamed absent). City council meeting of February 21, 2023 (Item No. 4f) Page 4 Title: City council meeting minutes of October 17, 2022 5. Boards and commissions - none 6. Public hearings 6a. Assessment of delinquent charges Ms. Weller presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Mayor Spano stated last year it seemed the council was surprised the numbers were not higher given COVID and the economy and asked how this compares to prior years. Ms. Weller stated the high activity in the housing market may have been a factor last year, adding the number of delinquencies is in line with past years. She noted issues with emerald ash borer and tree removal for private owners also affected the numbers. 7. Requests, petitions, and communications from the public – none 8. Resolutions, ordinances, motions, and discussion items 8a. First reading of an ordinance related to licensing requirements for the sale of cannabinoid products. Mr. Pivec presented the staff report. Councilmember Rog asked about the $500 fine to retailer for selling to under 21 years of age, why are we charging $2,000 for alcohol violations, and are there thoughts on the rationale of this. She stated tobacco and edible products seem to be comparable to alcohol. Mr. Hoffman stated this is a proposal for council to consider, but council can determine penalties, and it can be changed. He noted the amount was set as a deterrent, but if not high enough, it can be changed. Mr. Mattick added when this was drafted, there were no models to follow, so it was modeled after the tobacco scheme. He stated statute puts out different amounts for tobacco and alcohol, and this was lesser than alcohol. Councilmember Rog stated $500 is reasonable for a first offense and for alcohol also, for a first offense, so possibly that is a conversation for later. Councilmember Rog asked around the packaging rules, are there any challenges here, and is it up to the city’s discretion as far as mimicking cartons. Mr. Pivec stated that might not be known until the situation occurs. Councilmember Rog asked why food trucks are not allowed to sell these products. Mr. Hoffman stated it is not a stationary business, and the city needs to be able to do periodic checks. He added the product usually is not consumed at the food truck, like a restaurant, so there were safeguards to consider with food trucks. City council meeting of February 21, 2023 (Item No. 4f) Page 5 Title: City council meeting minutes of October 17, 2022 Councilmember Rog stated she understands that, but this could be construed as an access issue. She asked what action can be taken if items are not displayed correctly in a store. Mr. Hoffman stated an individual can contact the building and energy department by email or phone and it will be investigated by inspections staff. Councilmember Rog asked if a license is revoked, what are conditions for reinstatement. Mr. Mattick stated that depends on the level and if there are multiple violations, as well as if a license has been revoked within the past five years. Councilmember Kraft stated as a parent of high school students, he has mixed feelings on this, but is on the side of making this legal versus on the illegal market. He commended staff for their work to develop a licensing mechanism. Councilmember Kraft noted the penalty of $500 seems low compared to the alcohol fee. He asked if a business has a violation within one year, when is the next time they would be re-checked for selling to underage customers. Mr. Hoffman stated it would be handled similarly to how other compliance checks are done by policy, once per year. Lt. Garland stated when compliance is found to be an issue, education is done and then another check the following year. Councilmember Kraft stated if a business had a problem with selling to underage people, then it would be three years before their license was revoked, if checking each year, and he has concerns about this. Mr. Hoffman stated that is a policy that can be determined by the city if they do a follow up. Mr. Mattick stated the way the ordinance is written does not prohibit more inspections or more controlled purchases. He added with compliance checks minimal inspections are done, and if there are issues, there is more frequency of inspections to check for a pattern of behavior as opposed to a mistake. Mayor Spano stated the way the ordinance is written seems to set a floor versus a ceiling. He asked, based on experience, if the police accelerate the schedule of compliance checks. Lt. Garland stated there are past examples of police coordinating a response with other city departments to ensure business is done safely and can do this in the future if required. Councilmember Kraft asked if this is done in the same way as liquor inspections, how much does that cost, and if violations occur then would the business need to be on a regular compliance checking schedule. Ms. Keller stated this is a good conversation to bring back and have with the chief and other staff about intended and unintended consequences of changes to licensing requirements, fees to cover services, and penalties for violations. Councilmember Kraft noted a resident raised questions about someone on probation and when someone can apply for a license. He asked if someone is on probation and violates probation, does that come into account with their application. Mr. Mattick stated no. He stated there will be list of criteria, but probation is not on the list. He added probation happens in general when convicted of a crime as an alternative City council meeting of February 21, 2023 (Item No. 4f) Page 6 Title: City council meeting minutes of October 17, 2022 to prison. He noted the ordinance contemplates looking at the three years preceding the application, and probation can last 5-10 years. Mr. Hoffman reiterated this type of licensing is new and staff will engage licensed retailers to inform them of the requirements in city code and state law. Councilmember Kraft asked if someone sells to an underage person are there only state penalties involved currently. Mr. Hoffman stated yes and requires the county attorney to be involved. Councilmember Kraft asked if there can be changes between the first and second readings of this ordinance. Mr. Mattick stated yes, within the realm of what is being discussed and not major changes. Councilmember Kraft stated he will support this but asks for staff to come back with a policy approach on frequency of follow-up on violations, adding he would like to see twice a year follow up, including associated costs. Mayor Spano agreed and suggested another discussion with the staff about the policy versus the ordinance itself. Councilmember Brausen stated he understands Councilmember Kraft’s concerns, and trusts staff to implement this in the spirit it was intended. He added if the consensus is to increase the fine for a first violation, he would support that. Councilmember Budd added she is supportive of raising the fine on the first violation as well and leaving the follow up approach as is. Councilmember Dumalag thanked staff and stated she is open to reviewing the amounts for the first violation. She added she would prefer a physical structure applying for license versus food trucks. Councilmember Rog stated she is supportive of a higher fine for additional compliance checks. Mayor Spano stated he will think about increasing the fine on a first violation but is not ready to agree to that. He asked about the appeal process and possible special circumstances. Mr. Hoffman stated there are checks and balances in the process. The decision of the department director can be appealed to the city manager. Mayor Spano noted hemp products up to .3% is compliant, and anything more is not. He stated there is sensitivity around this and the dangers involved adding there is 15-20% in marijuana, noting this has a much lower concentration of THC. He added that does not mean it is okay to sell these products if an owner is not licensed or out of compliance. He stated, however, he is comfortable with the ordinance and welcomes further discussion on policy with staff as well as discussion around underage sales. It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to approve first reading of an ordinance related to licensing requirements for the sale of cannabinoid products. City council meeting of February 21, 2023 (Item No. 4f) Page 7 Title: City council meeting minutes of October 17, 2022 The motion passed 6-0 (Councilmember Mohamed absent). 8b. Adopt resolution imposing civil penalties for liquor license violations Resolution No. 22-162, 22-163, 22-164, 22-165, 22-166, 22-167, 22-168, 22-169 Councilmember Kraft asked for discussion on this item. He stated his concern is the eight violations this year of selling to underage individuals, which is disturbing. He stated he understands this had to do with staffing shortages due to COVID, and hopes the establishments understand this is concerning and they need to be educated and trained on the policy. He stated those in violation should be re-inspected more than one time per year, at least for the next 12-18 months. He stated possibly this could be folded into the same discussion with cannabinoids. Mayor Spano recommended a future discussion on this with staff and the council. It was moved by Councilmember Kraft, seconded by Councilmember Brausen, to adopt Resolution Nos. 22-162, 22-163, 22-164, 22-165, 22-166, 22-167, 22-168, 22-169 imposing civil penalties for liquor license violations. The motion passed 6-0 (Councilmember Mohamed absent). 9. Communications Mayor Spano noted early voting continues in council chambers and he encouraged all to vote. 10. Adjournment The meeting adjourned at 7:40 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: February 21, 2023 Minutes: 4g Unofficial minutes City council meeting St. Louis Park, Minnesota Nov. 7, 2022 1. Call to order Mayor Spano called the meeting to order at 6:30 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Larry Kraft, Nadia Mohamed, and Margaret Rog Councilmembers absent: none Staff present: City Manager (Ms. Keller), City Attorney (Mr. Shepherd), Director of Community Development (Ms. Barton), Communications and Technology Director (Ms. Smith) Guests: none 2. Presentations 2a. Proclamation designating Sat. Nov. 26, 2022, as Small Business Saturday Mayor Spano read the proclamation declaring Nov. 26, 2022, as Small Business Saturday. 3. Approval of minutes 3a. Study session meeting minutes of Aug. 8, 2022 It was moved by Councilmember Kraft, seconded by Councilmember Brausen, to approve the Aug. 8. 2022 study session meeting minutes as presented. The motion passed 7-0. 3b. Study session meeting minutes of Sept. 6, 2022 Councilmember Kraft noted on page 1 it should read, “…compared to other street policies where we make it clear that public streets are for the whole community and not just the residents who live on it.” It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve the Sept. 6, 2022, study session meeting minutes as corrected. City council meeting of February 21, 2023 (Item No. 4g) Page 2 Title: City council meeting minutes of Nov. 7, 2022 The motion passed 7-0. 4. Approval of agenda and items on consent calendar 4a. Accept for filing city disbursement claims for the period of September 24 through October 28, 2022. 4b. Adopt Resolution No. 22-170 authorizing an annual sign permit authorizing the Aquila Elementary Parent Teacher Organization (PTO) to place temporary signs within the public right-of-way for its annual fundraiser. 4c. Adopt Resolution No. 22-171 authorizing a special assessment for the repair of the sewer service line at 3945 Kipling Avenue South, St. Louis Park, MN. P.I.D. 07- 028-24-120158. 4d. Adopt Resolution No. 22-172 to amend and restate the Subordination Agreement and Collateral Assignment of the Tax Increment Note and Redevelopment Agreement in connection with the Contract for Private Redevelopment with St. Louis Park AH I, LLLP for the Arbor House affordable multifamily housing development. 4e. Adopt Resolution No. 22-173 to assess delinquent citation charges against the benefiting property. 4f. Approve estoppel certificates for 1601 Utica Ave. S. 4g. Accept Board of Zoning Appeals meeting minutes of July 6, 2022. It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and commissions 5a. Appoint representatives to the Environment and Sustainability Commission, Fire Civil Service Commission, Housing Authority, Police Advisory Commission and Planning Commission. It was moved by Councilmember Rog, seconded by Councilmember Dumalag, to approve the appointments to the above committees as presented in Exhibit A. The motion passed 7-0. 6. Public hearings 6a. Resolution authorizing the issuance of additional multifamily housing revenue note for St. Louis Park AH I, LLP. Resolution No. 22-174 Ms. Schmitt presented the staff report. City council meeting of February 21, 2023 (Item No. 4g) Page 3 Title: City council meeting minutes of Nov. 7, 2022 Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Councilmember Rog asked if this is due to construction costs and supply chain issues. Mr. Barker noted this is a low-income tax credit property and must be financed with bonds for 55% of costs. He noted when closing happened, it was noted that more funding was needed. He added they hope to be completed on the project on time next year. It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to adopt Resolution No. 22-174 for issuance of additional multifamily housing revenue note for St. Louis Park AH I, LLP. The motion passed 7-0. 6b. First reading of Ordinance establishing fees for THC edible licensing Ms. Schmitt presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Councilmember Kraft asked if this is for fees for the licensing only, and not fees for fines or approval of the ordinance itself. Ms. Schmitt stated yes, noting licensing fees are established by ordinance and penalties are considered administrative fees. Councilmember Rog asked if there would be any changes to the fine amounts. Ms. Schmitt stated this ordinance does not address fines, and it is only related to licensing fees. Ms. Keller stated the next council discussion will involve a breakdown of the compliance program and potential changes to penalties for violations. It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to approve first reading of ordinance adopting fee for 2023 THC edible licensing and set second reading for Nov. 21, 2022. The motion passed 7-0. 7. Requests, petitions, and communications from the public – none 8. Resolutions, ordinances, motions, and discussion items 9. Communications City council meeting of February 21, 2023 (Item No. 4g) Page 4 Title: City council meeting minutes of Nov. 7, 2022 Mayor Spano noted Nov. 8 is Election Day. He thanked staff for their work related to elections and noted Councilmember Rog’s email thanking Melissa Kennedy and Michael Sund who have worked tirelessly on the election process. Councilmember Budd noted Texa-Tonka is having their holiday kick-off this weekend from 11 a.m. to 4 p.m. and invited everyone to stop by. Ms. Keller stated polling places are open on Election Day from 7 a.m. to 8 p.m. and voters can find their designated polling place on the city website or by calling elections staff. She also noted Truth in Taxation notices will go out next week to residents, and that the National League of Cities conference will be next week with city council members and staff members attending. Ms. Keller added city restaurants will receive rebates from the city for having 75% energy efficiency up to $5,000 noting more information is on the city website. 10. Adjournment The meeting adjourned at 6:48 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: February 21, 2023 Minutes: 4h Unofficial minutes City council meeting St. Louis Park, Minnesota Dec. 19, 2022 1. Call to order Mayor Spano called the meeting to order at 6:54 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Larry Kraft, Nadia Mohamed, and Margaret Rog Councilmembers absent: none. Staff present: City Manager (Ms. Keller), Finance Director (Ms. Schmitt), former Police Chief Harcey, Police Chief Kruelle, Director of Community Development (Ms. Barton), Communications and Technology Director (Ms. Smith) Guests: None. 2. Approve agenda. The agenda was approved as presented. 3. Presentations 3a. Retirement recognition for Police Chief Michael Harcey Mayor Spano read the proclamation in honor of the retirement of Police Chief Harcey after 31 years of service. Ms. Keller commented on Chief Harcey’s years of service to the community and highlighted his many accomplishments over the course of his career, including the ways he modeled servant leadership, commitment to policing, and treating people with dignity during his tenure. Councilmember Mohamed commented on her interactions with Chief Harcey, and the police department. She stated she has always felt secure and safe in her city and that is because she knew Chief Harcey and the police officers. She thanked Chief Harcey for his encouragement of her advocacy and policy work, as well as her work on the city council. Councilmember Brausen stated he has grown to know Chief Harcey adding he has a tremendous amount of respect for him and his work in the city, noting his calm and City council meeting of February 21, 2023 (Item No. 4h) Page 2 Title: City council meeting minutes of Dec. 19, 2022 measured service during difficult challenges in the city and the metro area. He noted the city will miss him. Councilmember Dumalag stated she appreciated Chief Harcey always taking the time to proactively address and examine specific issues in her ward and throughout the city. She also thanked him for explaining issues to the council and how the police force deals with challenges. Councilmember Kraft thanked Chief Harcey for helping steer the council and the city through turbulent times, including COVID and the civil unrest that followed the murder of George Floyd. He appreciated the open and transparent way he worked with the council on different approaches to policing. He stated culture in the police force is important and thanked Chief Harcey for his focus on that. He stated Chief Harcey is a great act to follow and thanked him for the foundation he laid in this position. He also stated residents support and are appreciative of the city’s approach to and he thanked Chief Harcey for his work to help foster relationships and trust within the community. Councilmember Rog thanked Chief Harcey for his calm leadership and demeanor and responsiveness to questions. She stated he took his job seriously and that built trust and confidence for herself and the council. She appreciated his leadership during many turbulent times and thanked Chief Harcey for his compassion. Councilmember Budd added her thanks for Chief Harcey’s work to welcome her to the council and for his leadership in the community. She added she appreciated his transparency and his openness to the council’s questions. Mayor Spano stated he has had many communications from residents and others about the work, service, and leadership of Chief Harcey and his team. He noted the city is a better and safer place because of Chief Harcey’s work and guidance over the years. He thanked Chief Harcey’s family for the sacrifices they made to allow him to serve the city for so many years. Chief Harcey thanked the council for their kind words and recognized his team, volunteers, and civilian staff members, who all helped him reach this point in his career. He thanked his wife and family for their support. He thanked the council for their support during turbulent times, former city manager Tom Harmening for promoting him and supporting his development, city manager Keller, and other city staff members for their support and collaboration. He thanked the officers in the department, adding he will miss everyone, and commended Bryan Kruelle, who has been deputy chief these past five years, and wished him all the best as he takes on the role of police chief. 3b. Administer oath of office to Police Chief Bryan Kruelle Ms. Kennedy administered the oath of office to new Police Chief Bryan Kruelle. Ms. Keller welcomed the new chief and his family and stated Chief Kruelle has been with the department for nearly 20 years. She stated he embodies the city’s values and will City council meeting of February 21, 2023 (Item No. 4h) Page 3 Title: City council meeting minutes of Dec. 19, 2022 ensure that the department is a learning culture that will continue to build upon the model for community policing and extend that to mentorship within the ranks, especially for women and people of color. She noted everyone who knows him trusts Chief Kruelle and she is excited for the leadership and vision he will bring to the new role. The city council welcomed Chief Kruelle to his new role and stated they look forward to working with him to ensure the best possible service for the community. Chief Kruelle stated he is honored and humbled to serve as the departments next chief. He thanked former Chief Harcey for his guidance, support, and friendship. He also thanked city manager Keller for her confidence, support, and trust and he looks forward to being part of the leadership team. He noted nothing is more important than the trust of the council and community. He stated he is optimistic about the city and policing and is committed to working hard to advance policing in St. Louis Park. 3c. Recognition of Councilmember Larry Kraft Mayor Spano noted Councilmember Kraft was elected to the state legislature in November and this is his last meeting as a member of the council. He stated in his time on council, Councilmember Kraft has brought a different perspective, energy, and thoughtfulness to advancing the city’s strategic priorities. Mayor Spano presented a plaque to Councilmember Kraft. Councilmember Rog stated Councilmember Kraft has contributed so much during his time on the council, and she will miss how he studies, and researches every detail, and will also miss his humor, sense of delight, and his intellect. She noted Councilmember Kraft used his time on council well and was able to advance many topics and policies. She stated Councilmember Kraft showed courage and thoughtfulness, led the council in many ways, and thanked him for his service. Councilmember Mohamed stated Councilmember Kraft did not want to be a one issue member and noted he was extremely engaged and advocated for many policies, particularly around climate and affordable housing initiatives. She stated she hopes the council will be able to find the same type of energy Councilmember Kraft brought to the group and role. Councilmember Brausen stated Councilmember Kraft did a large amount of work these past three years and he is saddened that Councilmember Kraft will be leaving because he added so much to the council and city. He thanked Councilmember Kraft for his service. Councilmember Budd added Councilmember Kraft will be sorely missed and she loves his energy and commitment to the city, while she is also super excited about Councilmember Kraft’s new role at the legislature. City council meeting of February 21, 2023 (Item No. 4h) Page 4 Title: City council meeting minutes of Dec. 19, 2022 Councilmember Dumalag stated she will miss having Councilmember Kraft on council, but she is grateful he is moving into his new role and will be representing a majority of St. Louis Park. She is jealous of the new relationships Councilmember Kraft will make, noting he is always ready to listen and understand many issues. Ms. Keller stated she has appreciated Councilmember Kraft’s read on complex problems, and added she loves when he asks, “what does success look like”. She stated he helps get everyone to a critical level of thought and noted in his new role, Councilmember Kraft will continue to bring a high level of personalized service to residents. Councilmember Kraft thanked the council for their comments, adding it means more than he can express. He stated this is a very bittersweet moment. He is very excited to serve at the state legislature, but will miss the councilmembers, staff, and the working relationships he has developed. He thanked his wife and children for their support and the young people of St. Louis Park who initiated the process of the climate action plan. He thanked Seth Roe and the Sun Sailor and the service he provides to the community, along with former City Manager Harmening for his guidance. He added thanks to city staff and stated he continues to be impressed on how much they care and take ownership of their work. Councilmember Kraft thanked Ms. Keller for her work and leadership, and stated he is excited to work with her in a different way for the city. He thanked his fellow councilmembers including Anne Mavity and Rachel Harris, who are no longer on council. He noted he respects each of them, their leadership, and their care for the community. He stated it has been energizing to work with this team and to help the city be the best it can be. He stated he is proud of the work they have done together. He also thanked the residents of St. Louis Park for giving him the chance to serve on council and now, in a different role, on the legislature. 3d. Recognition of donations Mayor Spano thanked Evan Toske for $30, Tom and Nance Wollette for $500, and Jay Jaffee for $47.40 for program supplies to be used for park enhancements or program needs at Westwood Hills Nature Center. 4. Minutes – none. 5. Consent items 5a. Adopt Resolution No. 22-188 to recognize Michael Harcey for his 31 years of service. 5b. Adopt Resolution No. 22-189 confirming a 3% general increase for non-union employees effective 1/1/23. 5c. Adopt Resolution No. 22-190 approving fund creation and budget amendment. 5d. Approve Title VI Plan. City council meeting of February 21, 2023 (Item No. 4h) Page 5 Title: City council meeting minutes of Dec. 19, 2022 5e. Adopt Resolution No. 22-191 accepting work and authorizing final payment in the amount of $9,599.30 for project no. 2421-5005 with Bituminous Roadways, Inc., Contract No. 104-22. 5f. Adopt Resolution No. 22-192 approving acceptance of program supplies and $577.40 to be used for park enhancements or program needs at Westwood Hills Nature Center. 5g. Adopt Resolution No. 22-193 authorizing parking restrictions on roadways near the Beltline LRT Station. 5h. Authorize staff to issue a Request for Proposals (RFP) for the 2023-2028 solid waste collection services. 5i. Reappoint Bob Tift to the Fire Civil Service Commission for a 3-year term, expiring on December 31, 2025. 5j. Adopt Resolution No. 22-194 designating polling places for the 2023 election cycle. It was moved by Councilmember Mohamed, seconded by Councilmember Kraft, to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 6. Public hearings – none. 7. Regular business 7a. Adopt resolutions approving the 2023 budgets and authorizing the 2023 final property tax levy, authorizing the 2023 final HRA levy, authorizing the 2023 final EDA levy, and approving the 2023-2032 capital improvement plan. Resolution Nos. 22-195, 22-196, 22-197, 22-198 Ms. Schmitt presented the staff report. She explained the proposed levy includes a 7.02% increase for 2023, noting this is about 1% lower than the preliminary levy. She stated the proposed HRA levy is $1,582,696, which includes the housing rehabilitation and affordable housing trust funds. The EDA levy is proposed at $500,000, to be used for staff salaries in the development fund. The capital improvement plan includes items proposed to be completed in 2023 in the amount of $23,155,188. Ms. Schmitt noted the tax impact on a median value home is a 12.6% increase, which is a monthly change of approximately $15 per month. She reviewed the state tax relief programs available to residents. Councilmember Brausen thanked staff for their work. He stated adopting the annual budget is the single most important and challenging task the council takes on each year. He noted adopting of the budget involves allocating resources to provide core city services, rebuild and maintain infrastructure, and support programs to address pressing issues on climate, race equity, and affordable housing. Councilmember Brausen stated this is particularly challenging during a time when construction costs are rising, inflation City council meeting of February 21, 2023 (Item No. 4h) Page 6 Title: City council meeting minutes of Dec. 19, 2022 is present, and there is an increase in debt service. Despite the extenuating circumstances, the levies allow the city to keep providing services while keeping the increased costs lower than the inflation rate. He stated the budget reflects the city’s values and this budget will continue to provide high-quality municipal services including public safety, plowing roads, and a host of other services while striving to provide help to those in our community who need it in a fair and equitable manner. He stated he will continue to support the proposed budgets and tax levies. He also thanked the residents of St. Louis Park and stated their willingness to pay the cost of doing this work is greatly appreciated. Councilmember Mohamed stated she is also in favor of the proposed levies and thanked staff for their work. She stated the first goal is to support the city’s 50,010 residents, while not taking anyone out of the city. This budget allows the city to invest in the community and focus on providing more affordable housing, promoting climate action, and race equity initiatives. She noted she understands inflation and the cost of living continues to rise, but she would rather do what is necessary to keep city services and levy increases consistent from year to year. Councilmember Rog stated she supports the general levy, but feels the council is not considering the year over year increases in tax burden, especially on seniors with fixed incomes. She supports the strategic priorities but stated the city cannot do it all. She referenced the impact of all three levies, as well as the school district levy, seem unduly burdensome and unsustainable. She stated, however, she will vote in favor of the general levy but will not be able to continue to support increases at this level in the future. She noted she wants to end or reduce subsidies in the form of TIF, suggesting if these funds were added into the general fund versus going back to the developers for payment over 20 years, this would make a difference. She looks forward to continuing this conversation with the council in 2023. Councilmember Dumalag thanked staff for their work, noting this has been a long process with discussions beginning in April. She stated she will support the proposed levies and noted the budget reflects the values and strategic priorities of the city as well as the importance of core city services. Councilmember Kraft added he will support the general and HRA levies as well. Councilmember Budd stated she also will support the levies. Mayor Spano stated he agrees with Councilmember Brausen’s comments and thanked staff for their work. He thanked residents, noting there are increasing demands on them, and council must be responsive to the needs of the community. He stated the council will continue to listen to residents and prioritize the work of the city. He added he will support the budget and levies as presented. It was moved by Councilmember Mohamed, seconded by Councilmember Dumalag, to adopt Resolution No. 22- 195, approving the 2023 budgets and authorizing the 2023 final property tax levy. City council meeting of February 21, 2023 (Item No. 4h) Page 7 Title: City council meeting minutes of Dec. 19, 2022 The motion passed 7-0. It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to adopt Resolution No. 22-196, authorizing the 2023 final HRA levy. The motion passed 7-0. It was moved by Councilmember Dumalag, seconded by Councilmember Mohamed, to adopt Resolution No. 22-197, authorizing the 2023 final EDA levy. The motion passed 5-2 (Councilmembers Rog and Kraft opposed). It was moved by Councilmember Mohamed, seconded by Councilmember Brausen, to adopt Resolution No. 22-198, approving the 2023-2032 capital improvement plan. The motion passed 7-0. 8. Communications Councilmember Brausen thanked City Attorney Mattick and his staff for all the work they do to support the council and the city’s work. Councilmember Mohamed wished all residents, Happy Hannukah, Merry Christmas, and Happy Holidays. Ms. Keller added Happy Kwanza and Happy Winter Solstice and noted there is no meeting next week. The next council meeting is January 3, 2023. a. November 2022 monthly financial report b. Planning commission study session minutes from Oct. 12, 2022 c. Planning commission study session minutes from Oct. 19, 2022 9. Adjournment The meeting adjourned at 8:20 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: February 21, 2023 Consent agenda item: 5a Executive summary Title: Second reading to rescind Ord. 641 restricting parking on Minnetonka Boulevard, Traffic Study No. 772 – Ward 1 Recommended action: Motion to approve second reading and adopt Ordinance rescinding Ord. 641 and setting an effective date of March 17, 2023. Policy consideration: Does the city council support staff's recommendation to rescind Ordinance 641 to enable a new resolution to prohibit all parking on Minnetonka Boulevard from Highway 100 to County Road 25 for Hennepin County’s Minnetonka Boulevard reconstruction? Summary: On Dec. 5, 2022, the city council approved Hennepin County's preliminary layout for the reconstruction of Minnetonka Boulevard from Highway 100 to France Avenue in 2024 and 2025. To move forward with this project, Hennepin County requires an updated no-parking resolution for Minnetonka Boulevard from Highway 100 to County Road 25 that restricts parking along both sides of the reconstructed roadway. Currently, there is an ordinance and numerous resolutions that restrict parking within the project area. On Feb. 6, 2023, the city council approved the first reading of the ordinance to rescind Ordinance 641. This report includes the second reading of the ordinance. Additional information regarding the original ordinance can be found in the council report from Feb. 6, 2023. There are numerous overlapping and outdated resolutions that regulate parking on Minnetonka Boulevard and some of the adjacent side streets in the area. The complexity of these resolutions requires additional research prior to rescinding and reestablishing parking restrictions along Minnetonka Boulevard. Staff will bring these updated resolutions to council later this winter. Although this action is being taken now, these parking changes will not become effective until Hennepin County's construction project is underway in 2024. Financial or budget considerations: There is minimal cost associated with rescinding the ordinance and creating the new no-parking areas. Updated no parking signage will be installed as part of the County's roadway reconstruction project in 2024. Strategic priority consideration: Not applicable. Supporting documents: Discussion, Ordinance No. 641 – to be rescinded, Ordinance – to be approved, Feb. 6, 2023 council report, Parking restrictions map Prepared by: Kerrwin Dempsey, engineering technician III Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of February 21, 2023 (Item No. 5a) Page 2 Title: Second reading to rescind Ord. 641 restricting parking on Minnetonka Boulevard, Traffic Study No. 772 – Ward 1 Discussion Background Over the decades, there have been many parking restrictions on Minnetonka Boulevard from Highway 100 to France Avenue. These restrictions were enacted to meet the needs of the roadway and adjacent land uses. Over time, parking restrictions on individual segments were adjusted to include parking prohibition, time-of-day restrictions, and time-limited parking. On Dec. 5, 2022, the city council approved Hennepin County's preliminary layout for the reconstruction of Minnetonka Boulevard from Highway 100 to France Avenue. This project is planned for construction in 2024 and 2025. As a part of project approval, Hennepin County requires an updated no parking resolution for Minnetonka Boulevard from Highway 100 to County Road 25 that restricts parking along both sides of the reconstructed roadway. Parking restrictions on county roads are approved by the city. Currently, there is an ordinance and numerous resolutions that restrict parking within the project area. The ordinance is recommended to be rescinded and replaced with a single resolution that prohibits all parking on Minnetonka Boulevard from Highway 100 to County Road 25. This updated resolution will be presented to council later this winter and will allow Hennepin County to move forward with the Minnetonka Boulevard reconstruction project. On Feb. 6, 2023, the city council approved the first reading of the ordinance to rescind Ordinance 641. Because any ordinance must be read twice for it to take effect, the related traffic controls covered in Ordinance 641 are brought forward for a second reading. Ordinance Parking restrictions between Inglewood and Glenhurst avenues were enacted by Ordinance 641 in 1958. The ordinance allows 15-minute parking on the north side of the road and restricts all parking on the south side of the road. These parking restrictions addressed on-street parking adjacent to the Lincoln Bakery and Delicatessen (Lincoln Del) shortly after it opened in 1957. Instead of changing the ordinance with new language, staff recommends rescinding the ordinance in its entirety. To rescind an ordinance, another ordinance must be passed. An ordinance is included in this report and is posted on the city's website. Passing an ordinance requires a public hearing and two readings prior to council approval. Once the ordinance is rescinded, the remaining resolutions can also be rescinded and replaced with a single resolution that will prohibit all parking on both sides of Minnetonka Boulevard from Highway 100 to County Road 25. Resolutions In addition to Ordinance 641, there are numerous resolutions that are recommended to be rescinded. Many of these resolutions include parking restrictions on side streets in addition to their restrictions along Minnetonka Boulevard. Rescinding these resolutions requires re- instating the existing parking restriction on the side streets. In addition, many of the older resolutions have been amended over time, making the process of rescinding and reestablishing resolutions more complex. Staff requires additional time to properly address these resolutions. Staff will bring the updated resolutions to council for approval later this year. City council meeting of February 21, 2023 (Item No. 5a) Page 3 Title: Second reading to rescind Ord. 641 restricting parking on Minnetonka Boulevard, Traffic Study No. 772 – Ward 1 Next steps Staff has developed the following steps for action on Traffic Study 772 and the adoption of the ordinance rescinding Ordinance 641. Second reading of the ordinance rescinding Ordinance 641 (adopt ordinance, approve summary, authorize summary publication) Feb. 21, 2022 Submit summary to Sun Sailor Feb. 23, 2023 Summary publication March 2, 2023 Ordinance effective date March 17, 2023 Rescinding the existing resolutions and establishing of new resolutions will be brought to council later this year. Although this action is being taken now, the signs will remain in place. The parking changes will be implemented as a part of Hennepin County's construction project in 2024. City council meeting of February 21, 2023 (Item No. 5a) Page 4 Title: Second reading to rescind Ord. 641 restricting parking on Minnetonka Boulevard, Traffic Study No. 772 – Ward 1 Ordinance No. ___-23 An ordinance rescinding Ordinance No. 641 The City of St. Louis Park does ordain: Whereas, the City of St. Louis Park had established parking time limits and parking restrictions on Minnetonka Boulevard in Ordinance No. 641; and, Whereas, Hennepin County has begun design for reconstruction of Minnetonka Boulevard in 2024 and 2025; and, Whereas, Hennepin County requires an updated resolution that prohibits parking on both sides of the proposed roadway for Minnetonka Boulevard from Highway 100 to County Road 25; and, Whereas, in Traffic Study 772, staff recommended to rescinding Ordinance No. 641; and, Whereas, the intent of rescinding the ordinance is to prohibit parking on Minnetonka Boulevard. Now, therefore, be it resolved by the St. Louis Park City Council that, Section 1. Ordinance No. 641 is hereby rescinded. Section 2. This ordinance shall take effect fifteen days after its publication. First Reading Feb. 6, 2023 Second Reading Feb. 21, 2023 Date of Publication March 2, 2023 Date Ordinance takes effect March 17, 2023 Reviewed for administration: Adopted by the city council February 21, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney 4020 4200 2924 2909 2925 4120 2914 2922 4100 2918 30304015 4216 2925 2921 4212 4221 29212919 39204110 2915 4201 2929 2912 4000 4051 SERVICE D R HI G H W A Y 7 SERVICE D R HI G H W A Y 7 GLENHURST AVE SGLENHURST AVE SINGLEWOOD AVE SINGLEWOOD AVE SHUNTINGTON AVE SHUNTINGTON AVE SMINNETONKA BLVDMINNETONKA BLVD CC OO UU NN TT YY RR OO AA DD 22 55 0 200 400100 Feet Existing 15 minute parking Existing no parking Date: 1/12/2023 Traffic Study 772: Changes to parking restrictions on Minnetonka Boulevard between Inglewood to Glenhurst Avenue City council meeting of February 21, 2023 (Item No. 5a) Title: Second reading to rescind Ord. 641 restricting parking on Minnetonka Boulevard, Traffic Study No. 772 – Ward 1 Page 5 Meeting: City council Meeting date: February 21, 2023 Consent agenda item: 5b Executive summary Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids (Ward 1, Ward 4) Recommended action: Motion to adopt Resolution accepting the project report, establishing the 2023 Alley Reconstruction Project (4023-1500), approving plans and specifications, and authorizing advertisement for bids. Policy consideration: Does the city council wish to pursue the staff recommended modifications to the 2023 Alley Reconstruction project? Summary: This is the sixth year of the city's Capital Improvement Plan (CIP) to reconstruct all gravel and bituminous alleyways with concrete. This year's project included ten alley segments. Nine in the Birchwood and Bronx Park neighborhoods (ward 1) and one in the Eliot neighborhood (ward 4). The project involves shaping the alleys, addressing drainage and constructing 10-foot- wide concrete alleys. Reports from the industry indicate that the city should expect inflationary increases in construction costs in 2023. This inflation is due to trucking, labor, and material costs. CIP estimates were developed in June 2022 and due to great instability in inflation, a minimum inflationary level was factored into the estimate. This engineer's estimate for all ten alleys is 27% higher than the CIP. While the actual construction cost will depend on bids received, staff did extra work to align the project scope to the budget prior to going to bid. Staff presented at the Feb. 13, 2023 council study session a revised project scope that removes the following three alley segments from the 2023 alley reconstruction project: • Alley A and Alley D are removed from this year's project to allow time for additional coordination work before construction. • Alley B is to be removed from the base project and added as a bid alternative to allow the alley to be added back into the project if the low bid is within the budget. More information on the alleys and the recommendations can be found in the discussion section of this report and the Feb. 13, 2023 council study session report. Construction is anticipated to begin in May, with each alley taking about four weeks to complete. All items are expected to be completed with final restoration by October 2023. Financial or budget considerations: This project is included in the 2023 CIP. Funding will be provided using pavement management (franchise fees) and stormwater utility. Additional information on cost, changes to the project scope, which affect cost, and funding can be found later in this report. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Discussion, Alley location maps, Brunswick alley map, Feb. 13, 2023 study session report Prepared by: Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of February 21, 2023 (Item No. 5b) Page 2 Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids Discussion Background On Aug. 1, 2016, the city council updated the city's Assessment Policy to no longer assess property owners for construction of improvements that serve a public benefit. Since alleys serve a public benefit, the assessment for reconstructing alleys was eliminated, with the city fully funding the projects using the pavement management fund (franchise fees) and stormwater utility funds. There are 21.2 miles of alleys throughout the city. At the time the assessment policy was updated, 16 miles had a concrete surface and met the minimum standard for an improved alley. The remaining 5.1 miles of alleys were constructed of either asphalt or gravel and considered unimproved. The unimproved alleys require annual maintenance to keep them serviceable. To proactively address the unimproved alleys, the council directed staff to develop a 10-year plan to reconstruct the unimproved alleys. The reconstruction of all unimproved alleys has the following benefits: • Fixing drainage problems – on many of the alleys, there are areas where drainage is blocked or runoff drains onto private property. To address these issues, the alleys require complete reconstruction. • Reduces erosion – where drainage does work, runoff will wash silt and gravel from the gravel alleys into the storm sewer system, ending up in ponds, lakes and wetlands. • Reduces annual maintenance – reconstruction eliminates the need for operations staff to perform maintenance such as grading the gravel alleys and patching potholes in the bituminous alleys. • Improves neighborhood livability – there are times that these alleys are difficult to traverse, resulting in challenges for all users of the alleys, including solid waste vehicles, walkers, bicyclists and automobiles. Project scope and modifications This is the sixth year of alley reconstruction and the adopted scope in the CIP includes nine alley segments approximately 3,070 feet in length in the Birchwood and Bronx Park neighborhoods (ward 1) and one alley that is approximately 100 feet in length in the Eliot neighborhood (ward 4). These ten alleys are a mix of gravel and bituminous pavement. The project involves shaping the alleys, addressing drainage and constructing 10-foot-wide concrete alleys. Staff has completed the design and engineer's estimate for this year's project. Prior to going out to bid staff presented a recommendation to reduce the scope of this project at the Feb. 13, 2023 council study session. The council supported the recommendation to remove the following three alley segments from the 2023 alley reconstruction project: • Alley A and Alley D are to be removed from this year's project due to requiring additional site coordination work before they are ready for construction. • Alley B is to be removed from the base project to reduce the estimated cost of the project. The alley will be included as a bid alternative to allow the alley to be added back into the project if the low bid is within the budget. More information on why staff is making these recommendations can be found below. City council meeting of February 21, 2023 (Item No. 5b) Page 3 Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids Alley A – adjacent to 1840 Jersey Avenue Alley A is adjacent to 1840 Jersey Avenue. This gravel alley serves one property and is effectively a driveway used to access the garage in the back of their property. It is located on platted Franklin Avenue right of way. There is not a public street on this segment of right of way; Franklin Avenue ends in a 3-way intersection at Hampshire Avenue; however, the platted right of way for Franklin Avenue continues through to Louisiana Ave. There is a trail and underground utilities located in this right of way. Alley A – 1840 Jersey Avenue Public works maintains the alley, removing snow and regrading the gravel. It is not used by solid waste; instead, the bins are brought to the curb for collection as solid waste vehicles drive down Jersey Ave. City code prohibits parking on an alley. Since the property owner parks vehicles on it and it accesses only one garage, this segment acts more like a driveway than an alley. In addition to this home, there are three other single-family homes that have garages in the back of their property with driveways on this right of way for access to a city street. None of the other three driveways are maintained by the city. Staff questions the public benefit for the city to continue to own and maintain the alley. To explore a path forward where the city would no longer be responsible for ownership and maintenance, staff began working with this property owner in August of 2022. City council meeting of February 21, 2023 (Item No. 5b) Page 4 Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids Staff recommends removing this alley from the 2023 project so work with the property owner that would shift the maintenance responsibility can continue. This would reduce the construction cost estimate by $31,882.48. Alley D – 2800 block of Brunswick Avenue – Private Alley D, shown on the attached location map, is east of Brunswick Avenue and south of 28th Street and is currently gravel. The alley provides access to five properties that are addressed off Brunswick Avenue and back up to the Canadian Pacific railroad. In 2019, public works staff was made aware that the alley was not on public right of way, making it a private alley. The alley has been maintained by public works for over 40 years. Once staff became aware that this alley was private property, the city needed permission from the property owners to drive on their land in order for the city to continue to maintain this alley and for solid waste vehicles to serve these properties. This permission comes in the form of an easement. All five property owners would need to grant the city an easement to convert this alley to a public alley. A permit from Canadian Pacific is also required and is obtained once all private easements are obtained. Since this alley serves more than one property owner, it was determined that there was a public benefit to having this become a public alley. Staff began communication with these property owners in late 2019 to gauge their interest in this becoming a city-owned and maintained concrete alley. All of them were supportive and the property owners provided, in writing, an intent to grant easement, as well as permission to continue to perform maintenance and solid waste service. Since that time, staff has been working with the property owners on getting the necessary public easements. Due to the proximity of other alleys in the CIP, this alley was incorporated into the 2023 project. These property owners were engaged with the residents throughout the preliminary design process in 2022. However, the residents were cautioned that staff needed all five easements by the end of October 2022 to construct the alley in 2023. Staff extended the deadline until the end of November 2022 to get the necessary easements. At this time, only four of the five easements have been granted. Even if the fifth easement were obtained, at this point, there would not be time to work with the railroad. Staff recommends that this alley be removed from the 2023 project and reconstructed later in the program. Removing this alley is estimated to reduce the construction cost by $64,001.81. Project cost considerations – Alley B The engineer's estimate to reconstruct all ten alleys identified in the 2023 project is significantly greater than the CIP funding. Removing Alley A and D from the project will reduce this cost; however, not enough. Staff considered design changes that could reduce the overall project cost without negatively impacting alley functionality or durability. It was determined that the most viable option is to remove one additional alley segment from this year's construction project to stay within the CIP funding. This year's project has a mix of gravel and bituminous surfaced alleys. While both surface types require annual maintenance, the gravel alleys are more of a concern than the bituminous alleys. Due to this, staff do not recommend removing a gravel alley from the project. City council meeting of February 21, 2023 (Item No. 5b) Page 5 Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids Staff reviewed the remaining bituminous alleys and consulted with public works staff to identify alleys that have maintenance concerns and should not be postponed to a future year. In order to identify the remaining alley to be removed from the project, staff reviewed adjacent properties on all alleys within the project to see who would be burdened by the removal of their alley from the 2023 project scope. All adjacent properties are single-family homes. Staff reviewed average property values and used Census data to review demographics. Given both the maintenance and equity analyses, staff is recommending removing Alley B on the 2800 block between Florida and Edgewood avenues. The removal of this alley is anticipated to reduce the construction cost by $172,420.06. Bid alternatives Staff has reached out to other communities to determine if the project cost increases have been experienced with recent bid openings. To date, no local communities have opened bids for work that is comparable to the alley reconstruction project. Due to the unknown bidding climate, staff is exploring contingency plans to incorporate Alley B into the bid as a bid alternate. If the low bid for the base project (Alleys C-1, C-2, E, F, G, H-1 and H-2) is significantly under the engineer's estimate, there may be budget to allow Alley B to be inserted back into the project and stay within the CIP. Public process An informational meeting was held on Nov. 15, 2022. Twenty-four people were in attendance representing several homes in the project area. The meeting showed all ten alley segments being reconstructed. If the recommended alley segments are removed from the project, staff will reach back out to the affected property owners to notify them of the changes via letters, website updates and emails for individuals that are on the project email distribution list. Financial or budget considerations The following table outlines the estimated project cost and anticipated funding sources for this project. It includes the removal of Alley A, B and D to illustrate the project savings. CIP Engineer's Estimate Construction cost $656,000 $858,867.17 Engineering and administration $99,000 $99,000.00 Subtotal $755,000 $957,867.17 Removal of Alley A $31,882.48 Removal of Alley B $172,420.06 Removal of Alley D $64,001.81 Construction engineering $13,415.22 Subtotal -$281,719.57 Total $755,000 $676,147.60 City council meeting of February 21, 2023 (Item No. 5b) Page 6 Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids Funding Sources Pavement management $490,750 $446,257.42 Stormwater utility $262,250 $229,890.19 Total $755,000 $676,147.60 While removing alleys A, B and D allows the estimate for the remaining seven alleys to stay within budget, the actual construction cost will depend on the bids received. Bids will be opened on March 23; if the base bid is lower than the estimate, it will inform staff's recommendation on if there is funding to add Alley B back into the project. Alleys that are not constructed as a part of the 2023 project will be programmed in a future year. Staff will review the Alley CIP this year as a part of the budget/ CIP process. The specific year will be determined at that time. Next steps The proposed schedule for the project to facilitate construction completion in 2023: Council approves plans and orders ad for bid Feb. 21, 2023 Open bids March 23, 2023 City council awards construction bids April 3, 2023 Construction May to October 2023 City council meeting of February 21, 2023 (Item No. 5b) Page 7 Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids Resolution No. 23-___ Resolution accepting the project report, establishing improvement project no. 4023-1500, approving plans and specifications and authorizing advertisement for bids for improvement Project No. 4023-1500 Whereas, the City Council of the City of St. Louis Park has received a report from the Project Engineer related to the 2023 Alley Reconstruction on February 21, 2023; and, Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding Project No. 4023-1500 is hereby accepted. 2. Such improvements as proposed are necessary, cost-effective, and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 4023-1500, is hereby established and ordered. 4. The following alley segments are hereby established and ordered for construction. In the base project: Alley C-1 Between Georgia and Hampshire avenues, south of 29th Street Alley C-2 Between Georgia and Hampshire avenues, north of Minnetonka Boulevard Alley E East of Brunswick Avenue, north of Minnetonka Boulevard Alley F Between Webster and Xenwood avenues, south of 29th Street Alley G Between Vernon and Webster avenues, between 27th and 28th streets Alley H-1 Between Vernon and Webster avenues, south of Sunshine Park Alley H-2 Between Vernon and Webster avenues, north of Minnetonka Boulevard As a bid alternative: Alley B Between Edgewood and Florida avenues, between 28th and 29th streets 5. The plans and specifications for the making of these improvements, as prepared under the direction of the Engineering Director, or designee, are approved. 6. The City Clerk shall prepare and cause to be inserted at least two weeks in the official city newspaper and in relevant industry publications an advertisement for bids for the making of said improvements under said-approved plans and specifications. The City council meeting of February 21, 2023 (Item No. 5b) Page 8 Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids advertisement shall appear not less than 10 days prior to the date and time bids will be received electronically by the Project Manager and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. The electronic bids will only be available to view after the bids are closed and the City receives the passcode from the bidding host site. 7. The Project Manager, or designee, shall report the receipt of bids to the City Council shortly after the opening 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 February 21, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk IDAHOAVESJERSEYAVESKENTUCKYAVESLOUISIANAAVES18TH ST W 22ND ST W Jersey ParkJersey Park NorthsideNorthside ParkPark 0 400 800200 Feet 2023 Alley Reconstruction - Jersey Ave S Legend 2023 Alley reconstruction Date: 2/7/2023 A - Gravel City council meeting of February 21, 2023 (Item No. 5b) Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids Page 9 2023 Alley Reconstruction - West MINNETONKA BLVD BRUNSWICK AVE SHAMPSHIRE AVE SCOLORADO AVE SGEORGIA AVE SFLORIDA AVE SEDGEWOOD AVE SDAKOTA AVE S28TH ST W 29TH ST W Date: 2/7/2023 Legend 2023 Alley reconstruction 0 500 1,000250 Feet B - Bituminous C1 - Bituminous C2 - Bituminous E - Gravel D - Gravel and needs easements City council meeting of February 21, 2023 (Item No. 5b) Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids Page 10 ALABAMA AVE SMINNETONKA BLVD VERNON AVE SXENWOOD AVE SWEBSTER AVE SUTICA AVE SZARTHAN AVE SLAKESTW27TH ST W 29TH ST W 28TH ST W ALLEYYOSEMITE AVE SBirchwoodBirchwood ParkPark Sunshine ParkSunshine Park Keystone ParkKeystone Park 100 0 500 1,000250 Feet 2023 Alley Reconstruction - East Legend 2023 Alley reconstruction Date: 2/7/2023 G - Bituminous F - Bituminous H1 - Gravel H2 - Bituminous City council meeting of February 21, 2023 (Item No. 5b) Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids Page 11 2817 BRUNSWICK AVE S 2813 BRUNSWICK AVE S 2809 BRUNSWICK AVE S 2805 BRUNSWICK AVE S 2801 BRUNSWICK AVE S 28TH ST W28TH ST W BRUNSWICK AVE SBRUNSWICK AVE S0 100 20050 Feet Brunswick Ave - 12' Proposed Alley Easement 12' proposed alley easement City council meeting of February 21, 2023 (Item No. 5b) Title: 2023 Alley Reconstruction – approve plans and specifications and authorize ad for bids Page 12 Meeting: City council Meeting date: February 21, 2023 Consent agenda item: 5c Executive summary Title: Special assessment – solar array installation at STEP Recommended action: Motion to adopt Resolution authorizing the special assessment for the installation of a solar array at STEP: St. Louis Park Emergency Program, 6812 West Lake Street, St. Louis Park, MN. P.I.D. 17-117-21-41-0098. Policy consideration: The proposed action is consistent with policy previously established by the city council. Summary: Derek Reise, executive director of the St. Louis Park Emergency Program (STEP), has requested the city authorize the installation of a solar array on the recent addition to STEP’s property and assess the cost against the property in accordance with the city’s special assessment policy. This will be the first project completed since the city supported legislation to include energy improvement projects as special assessment-eligible and since the special assessment policy for energy-related improvements was adopted by the city council in 2022. Proposals for this solar array were collected, submitted and approved by city staff for feasibility. The property owner has petitioned the city to authorize the installation and special assess the cost. The total eligible cost has been determined to be $121,937. Financial or budget considerations: The city has funds in place to finance the cost of this special assessment. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Resolution Petition Prepared by: Ellie Rabine, sustainability specialist Reviewed by: Brian Hoffman, director of building and energy Approved by: Kim Keller, city manager City council meeting of February 21, 2023 (Item No. 5c) Page 2 Title: Special assessment – solar array installation at STEP Resolution No. 23-025 Resolution authorizing the special assessment for the installation of a solar array at 6812 West Lake Street, St. Louis Park, MN P.I.D. 17-117-21-41-0098 Whereas, the property owners at 6812 West Lake Street have petitioned the City of St. Louis Park to authorize a special assessment for the installation of a solar array at 6812 West Lake Street; and Whereas, the property owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the property owners requesting the approval and special assessment for the solar array installation is hereby accepted. 2. The solar array installation, if done in conformance with the proposal approved for feasibility by the Department of Building and Energy, is hereby accepted. 3. The total cost for the solar array installation is accepted at $121,937. 4. The property owners have agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The property owners have agreed to pay the city for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.02%. 6. The property owners have executed an agreement with the city and all other documents necessary to implement the special assessment and all costs associated therewith. Reviewed for administration: Adopted by the City Council February 21, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk CITY O F ST LOUIS PARK PET ITIO N FO R PUBLIC IMPROVEM EN T AND ASSESSM ENT AGREEM ENT ENERGY (SO LA R) IM PROVEM ENT FOR THE PRO PERTY LO CATED AT 6812 WEST LA KE ST REET , ST.LOUIS PARK,M N 55426 AGREEMENT made as of February 15,2023,between the City of St.Louis Park,a Minnesota co rporation ("City")and St.Louis Park Emergency Program,Inc.,("Pro perty Owner(s))",concerning special assessment on energy im pro vem ent on property located at 6812 W est Lake Street,St.Louis Park,MN, 55426, Hennepin County P.I.D.num ber 17-11 7-21- 41-0098, The City and the Pro perty Owner agree as follow s: 1)Property Owner(s).The Property Ow ner's authorized representative is Derek Reise. 2)Subject Property.The Pro perty Ow ner is the fee owner of the pro perty legally described in Attached "Exhibit A"incorporated by reference herein. 3)Purpose of Agreement.Pursuant to Minnesota Statutes,Chapter 429.031 subd.3 and St.Louis Park Resolution 23-025 the Pro perty Owner petitioned the City on February 15,2023,to facilitate the installation of a solar array on the building at the Benefited Property and then to specially assess the cost of the installation against the Benefitted Property.The Property Owner's proposal attached as "Exhibit B"is incorpo rated into this agreem ent by reference.The City Council has determ ined that it is in the best interest of the public for the City to facilitate the installation of a solar array in the Benefited Propert y to promote the public health,safety,and welfa re. 4)Administrative Fee.An adm inistrative fee of $750.00 for the processing of the special assessment shall be received by the city prior to the release of special assessm ent funds. 5)The Im provement Project.The Pro ject shall co nsist of the installation of a ro oftop solar array on the co mm e rcial building at the Benefited Property in confo rmance w ith proposals fo r feasibility as described in Exhibit B and as approved by the St.Louis Park Building and Energy Department. 6)Responsibility.The Propert y Owner shall assum e all responsibility fo r the installation,operation,and maintenance of the solar array,including all co nstruction contracts and monitoring agreements. 7)Amount to be assessed.The total estim ated cost of the pro ject,based on the lowest responsible bid,is $121,937.00,all of w hich is pro posed to be assessed against the 124567 225183v4 City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 3 Benefited Property as described in Paragraph 2 above.It is hereby agreed that the full cost of the project and minus the adm inistrative fee of $750.00 w ill be assessed against the pro perty. The total Special Assessment against the propert y will be $121,937.00. To the extent that the pro ject is not completed according to this agreem ent,the City may still record this agreem ent and assess the costs incurred against the Benefited Property.The anticipated costs for each stage of the pro ject estim ated by the City fo r reference are as follows: Comm itm ent Fee fo r Engineering &Permitting: Material Pro curement and Mobilization: Pro ject Installation: Project Completion Balance: $3,048.00 $73,162.00 $39,630.00 $6,097.00 8)W aiver of Notic e and Hearing.In connection with this impro vement,the Property Owner agrees to w aive and does waive any and all rights to public hearing and right to any notice,whether provided by Minnesota Statutes,Chapter 429,or any other statute or by ordinance,City Charter,constitution,or common law. 9)Waiver of Right of Appeal.In co nnection with this im provement,the Property Owner agrees to w aive and does waive any and all rights to appeal from the special assessment set forth above,w hether pro vided by Minnesota Statutes,Chapter 429,or any other statute or by ordinance,City Charter,constitution,or co mm on law. 10)Im plementation.Each party to this agreement agrees to execute any other documents upon request ofthe City,necessary to implement the waivers of notice,hearing and right of appeal for the special assessment fo r the impro vement pro ject. 11)Payment.The Property Owner agrees to pay the City for the cost of the above im pro vem ents thro ugh a special assessment in accordance with the follow ing terms: a)The assessment shall be paid in equal installments over ten (10)years at five point zero two percent (5.02%)interest on the unpaid balance and in accordance with all pro visions of the City policy for special assessm ents for energy improvements. b)Interest shall begin to accrue on any portion of the special assessment funds from the time that portion is released by the City. 12)Release of Funds.The City shall release the special assessm ent funds directly to the contractor in the fo llow ing stages: 124567 225183v4 a)Within seven (7)calendar days of the date of this agreement the City shall release the Com mitment Fee for Engineering &Permitting to the contractor. 2 City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 4 b)The City agrees that,upon com pletion of the Material Pro curement and Mobilization and Pro ject Installation phases listed in sectio n 7 above,the City will verify co m p letion of the stage and the Pro perty Ow ner will approve the release of partial paym ent from the City to the contractor. c)After the City has co m pleted the final inspection and determined that the installation of the solar array is in confo rm ance with the applicable City ordinances and State law s,the Property Owner will pro vide the fo llowing documents to the City to allow the City to release the Pro ject Completion Balance to the co ntractor: 1.A sworn co nstruction statement stipulating the contractors and suppliers involved in the solar array installation on the Benefited Property,and 2.Evidence of any partial progress payments made by the City to the contractors and sup pliers involved in the installatio n of the solar array on the Benefited Pro perty,and 3.A w ritten notice from the Property Ow ner that they have determined the installation of the solar array has been substantially completed as stipulated in their contract with their contractor,and 4. Evidence of receipt of a lien waiver from the contractors and suppliers fo r the impro vement pro ject on the Benefited Property. 13 )Indem nificatio n.The Pro perty Owner shall indemnify and hold harmless the City and its officers,agents,and employees from and against all claim s,damages,losses,or expenses, including attorn eys'fees,which m ay be suff ered or from which they may be held liable,arising out of or resulting from the assertion against them of any claim s,debts or obligations in consequence of the performance of this agreement by the City,its employees, agents or subcontractors. 14)Certification of Encum brances or Contract fo r Deed .Each party to this agreement certifies that the pro perty described in Paragraph 1 above,is ow ned by that party in fee sim ple and is fr ee and clear of all encumbrances or Contracts fo r Deed except as fo llows: None. 15)Right to Record.It is agreed that the City may record this docum ent in the chain of title of the Benefited Pro perty legally described above. 124567 225 l 83v4 3 City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 5 This agreement has been entered into as ofthe 15 day of February 2023. FOR THE CITY OF ST.LOUIS PARK: Mayor Attest: City Manager City Clerk (seal) Accounting Records Posted: Finance Manager *FOR THE PROPERTY OWNER: ADDITIONAL ENCUMBRANCE(S) 124567 225183v4 4 PROPERTY OWNER{S) lh City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 6 *All signatures of ow ners or encum brances must be acknowledged by a Notary Public. STATE OF MINNESOTA 55. COUN TY OF HENNEPIN ," e Aaron Kenneth Borken I •NO TA RY PUBLIC M INNESO TA My Commission Expires 01/31/20 26 instrument was acknowledged befo re m e this 15 day of February 2023,by -----=------..:....E_e_...--=~5_.((____,Property Owner(s)$ Notary Public The foregoin THIS AGREEMENT WAS DRAFTED BY:St.Louis Park Building &Energy Departm ent 5005 Minnetonka Boulevard,St.Louis Park,MN 55416 952.924.2588 124567 225183v4 5 City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 7 Property ID number: Property ID number: Property ID number: EXHIBIT A 17-117-21-41-0033 17-117-21-41-0035 17-117-21-41-0036 New combined Property ID number (pending update by Hennepin County): 17-117-21-41-0098 124567 225183v4 6 City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 8 EXHIBIT B Apadana Solar Technologies proposal dated 1/13/2023 rev4 (attached) 124567 225l83v4 7 City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 9 APAD ANA -I I -SOLAR TECHNO LOGIES Preliminary Design SLP Emergency Response Program -STEP (51.6 kW) 6800-6804 W Lake St, St.Louis Park,MN 1/13/2023 Rev4 Contact: Kristin Urbanski 320-267-8439 Kristin.Urbanski@ApadanaTechnology.com System Size:51.6 kW DC/126 Panels Environmental Benefits •58,248 kWh in 1st year;1,592,279 kWh over 30 years •1,177,491 lbs.of CO2,which is equivalent to 18,615 trees growing for 10 years ©ApadanaSolarTech.com Project Cost $121,937 Price Valid Until 1/27/2023 1st Year Net Cost $85,356 *Assumes all grants/incentives are received Total Revenue $281,011 30 years cumulative;system will operate beyond 30 years IRR 8.88% *Internal Rate of Return Cash Payback 11.5 Years *Zero out-of-pocket financing available 3401 Nevada Ave N,Minneapolis,MN 55427 (612)636-1241 City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 10 APADANA ',-@- 4>SOLAR TECHNOLOGIES kWh 10000 8000 6000 4000 2000 0 I MONTHLY PRODUCTION 1l l1a I I Jan Feb Mar Apr M ay Jun Jul Aug Sep Oct Nov Dec Consumption*■Production Consumption data is estimated with the 12 months of supplied usage data •Solar ■Utility YOUR SOLAR SPEC S What will my system size be? •51.6 kW,126 panels What kind of material will be installed. •Monocrystalline 410 Watt ZNShine Tier 1 Panels or Equivalent •SolarEdge Inverters and Power Optimizers •Ecolibrium Ecofoot 2+Racking YOUR PR ODU CT WARRANTIES What are my warra nties? •25 Year Panel Production Warranty •12 Year Inverter Warranty -Extendable to 20 years •25 Year Optimizer Warranty •25 Year Racking Warranty •5 Year Installation Workmanship Warranty -Extendable to 10 Years Cumulative Cash Flows $250,000 $200,000 $150,000 $100,000 all$50,000 .all$0 MM . jLL.M 15 20 25 30 0 5'IAIN"20 25 30 ($50,000) ($100,000) I [EEAE EEA'CG I I [EIEEEAEEEEIS I ©ApadanaSolarTech.com 3401 Nevada Ave N,Minneapolis,MN 55427 (612)636-1241 City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 11 APADANA ',-@- +>SOLAR TECHNOLOGIES YOUR SO LAR FINANCES HOW MUCH WILL IT SA VE ME {AND THE PLANET)? Your initial payment You get back ...and For a net cost of Over the 30-years Price valid until:1/27/2023 I intend to [Pay Cash $121,937 or $2.36/watt,full turnkey design and installation $36,581 in tax savings $40,350 includes all Utility Incentives and/or Grants $45,006 $234,863 worth of projected utility savings! [PPA [Finance with Apadana $3,048.00 Commitment Fee for Engineering &Permitting $ 73,1 62.00 Material Procurement and Mobilization $39,630.00 Project Installation $ 6,097.00 Project Completion Balance This document represents a Letter of Intent (LOI).Signature of this LOI is a binding contract indicating that both parties are intending to install a solar system as proposed in this LOI.Both parties agree to use reasonable business efforts to negotiate in good faith a construction contract that includes but is not limited to the financial milestones presented in this LOI.The initial non- refundable payment of the Commitment Fee for Engineering and Permitting is due upon signature of this LOI.Additionally, upon receipt of payment,Apadana shall proceed by conducting additional due diligence and engineering.Upon completing engineering work,both parties shall negotiate in good faith a construction contract that binds each party to finish the installation of the solar array identified in this LOI. I accept the solar system proposal by Apadana Energy LLC dba Apadana Solar Technologies. Name of authorized representative Sia nature Date ©ApadanaSolarTech.com 3401 Nevada Ave N,Minneapolis,MN 55427 (612)636-1241 City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 12 APADANA -e SOLAR I TECHNOLOG IES Prepared by:Apadana 3401 Nevada Ave N New Hope,MN 55427 Solar@apada natech.com wwww.ApadanQSOlarTech.com Prepared for:SLP Emergency Response Program -STEP (51.6 I Proposal ID: 6800-6804 W Lake St,St.Louis Park,MN 55426 Date: Otter Expire: Rev4 (CASH) 1/13/2023 2/12/2023 Total Project Cost $ Installed System Cost ($/watt)$ Federal Investment Tax Credit IC)$ Incentives $ Tax Savings $ Cost Net of Incentives &Tax Savings $ Project Payback (Years) Internal Rate of Return (IRR) Cumulative Solar Savings (30 yrs)$ 121.937 2.36 36.581 40,350 45.006 11.5 8.9% 195,655 !l System Type System Capacity (DC kW) Number of Modules Approximate Module Area /sa.ft) Avg Utility Electric Rate ($/kWh,30 yrs)$ Average Solar Cost ($/kWh,30 yrs)$ Current Annual Consumption /kWh) Solar Portion of Electric Consumption Grid-tied Solar PV 51.660 126 4.352 0.140 0.028 53.700 108% II7IE777E.1377727E713 Starling Cosl ol Elec.($/kWh) Rate Escalation (%/year Post-Solar Demand Savings Federal Tax Rate ••State Tax Rate Year I Module Degradation Year 2+Module Degradation Bi-Facial Production Gain Utility Provider 0.090 3.5% 6.8% 21% 9.8% 2.0% 0.6% 0.0% Xcel Energy .,. System Production &Demand Incentives/Investment Tax •Federal [$]••First Year Annual CumulativeYearProductionEnergysavings"[S]Grants/Credit [S]Depreciation State Depr [S]Loan Payment [S]Cash Flow [S]Cash Flow [SI Year [kWh]Savings"[S]Rebate [SI 1,592,280 $234,863 s 5,799 s 40,350 s 36,581 s -s -s 195,655 0 -36.581 --(85,356)(85,356)0 1 58,248 4,774 154 1,747 ---6,675 (78,680)1 2 57,083 4,898 157 1,712 ---6,767 (71,913)2 3 56.769 5,057 159 1,703 ---6,919 (64,994)3 4 56,457 5,222 162 1,694 ---7.077 (57,917)4 5 56,146 5.392 164 1,684 ---7,240 (50,677)5 6 55.838 5,568 166 1675 ---7,409 (43,267)6 7 55.530 5,749 169 1,666 ---7,584 (35,684)7 8 55,225 5,936 171 1,657 ---7,765 (27,919)8 9 54,921 6.130 174 1,648 ---7,952 (19,967)9 10 54,619 6,330 177 1,639 ---8,145 (11,822)10 11 54,319 6,534 179 1.630 ---8,343 (3,479)11 12 54,020 6,745 182 1621 ---8,548 5,069 12 13 53,723 6,963 185 1612 ---8,760 13,829 13 14 53.427 7,188 187 1,603 ---8,979 22,807 14 15 53,134 7,421 190 1,594 ---9.,205 32,012 15 16 52.841 7,66l 193 1.585 ---9,439 41,451 16 17 52.551 7.908 196 1.577 ---9,681 51,132 17 18 52,262 8,164 199 1,568 ---9,931 61,063 18 19 51,974 8,428 202 1,559 ---10,190 71,253 19 20 51.688 8,701 205 1551 ---10,457 81,709 20 21 51,404 8,983 208 1,542 ---10,733 92,442 21 22 51,121 9,274 211 1,534 ---11,018 103,461 22 23 50,840 9,574 214 1,525 ---11,314 114,775 23 24 50.56l 9,884 218 1,517 ---11,619 126,393 24 25°50,283 10,204 221 1,508 ---11,934 138,327 2s° 26 50.006 10.535 224 ---10,759 149,086 26 27 49,731 10.877 227 ---11,104 160,190 27 28 49,457 11,229 231 ----11,460 171,651 28 29 49,185 11,594 234 ----11,828 183,479 29 30 48,915 11,939 238 ----12,176 195.655 30 Totals 1,592,280 $234,863 $5,799 $40,350 $36,581 $-$-$-$195,655 ·The numbers above are estimates based on industry standards complied by a 20 year average of geo-specific data.Actual numbers may vary. ..Demand savings estimated based off system size ©ApadanaSolarTech.com 3401 Nevada Ave N,Minneapolis,MN 55427 (612)636-1241 City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 13 APADANA -SOLAR I TECHNOLOGIES Prepared by:Apadana 3401 Nevada Ave N New Hope,MN 55427 Solar@ apadangtech .com yywy .ApadangSolarTech.com Prepared for:SLP Emergency Response Program-STEP (51.61 Proposal ID: 6800-6804 W Lake St,St. Louis Park,MN 55426 Date: Ofter Expire: Rev4 (LOAN) 1/13/2023 2/12/2023 Total Project Cost S 121,937 Installed System Cost ($/watt)$2.36 Federal Investment Tax Credit {ITC)$36.581 Incentives $40.350 Tax Savings $ Cost Net of Incentives &Tax Savings S 45,006 Project Payback (Years)15.3 Cumulative Solar Savings (30 yrs)$161,676 .II7Ta7.Z.YT.ETTI.TI'c!3 System Type Grid-tied Solar PV Starting Cost of Elec.($/kWh)0.090 System Capacity (DC kW)51.660 Rate Escalation [%/year)3.5% Number of Modules 126 Post-Solar Demand Savings 6.8% Approximate Module Area (sq.fl)4.352 Federal Tax Rate 21% •State Tax Rate 9.8% Avg Utility Electric Rate ($/kWh,30 yrs)$0.140 loon Amount $121,937 Average Solar Cost ($/kWh,30 yrs)$0.028 Loan Term [years 1O Loan Interest Rate [%/yr)5.10% Current Annual Consumption (kWh)53.700 Year 1 Module Degradation 2.0% Year 2+Module Degradation 0.6% Solar Portion of Electric Consumption 108%Utility Provider Xcel Energy +'p,' System Production &Demand Incentives /Investment Tax •Federal [SI ••First Year Annual CumulativeYearProductionEnergyGrants/Loan Payment [S]Year [kWh]savings"[S]Savings"[S]Rebate [S]Credit IS]Depreciation State Depr [S]Cash Flow [SI Cash Flow [S] 1,592,280 $234,863 $1,155 $40,350 $36,581 $$$(155,916)$161,676 0 -36,581 --36.581 36,581 0 I 58,248 4,774 154 1,747 ---(15,592)(8,916)27,665 I 2 57.083 4,898 157 1,712 ---(15,592)(8,825)18,840 2 3 56.769 5,057 159 1,703 ---(15,592)(8.672)10,168 3 4 56.457 5.222 162 1,694 ---(15,592)(8,514)1,654 4 5 56,146 5.392 164 1,684 ---(15,592)(8,351)(6,698)5 6 55.838 5.568 166 1,675 ---(15.592)(8,182)(14,880)6 7 55.530 5,749 169 l.666 --(15,592)(8,008)(22,888)7 8 55.225 5,936 171 1,657 ---(15,592)(7,827)(30,715)8 9 54,921 6,130 174 1,648 ---(15,592)17,640)(38,355)9 10 54619 6,330 177 1,639 ---(15,592)(7,447)(45,801)10 11 54,319 6,534 179 1.630 ----8,343 (37,458)11 12 54,020 6,745 182 l.621 ----8,548 (28,910)12 13 53,723 6,963 185 1612 ----8,760 (20,150)13 14 53.427 7,188 187 1,603 ----8,979 (11,172)14 15 53,134 7,421 190 1,594 ----9,205 (1,967)15 16 52.841 7,661 193 1.585 ----9,439 7,472 l6 17 52.551 7.,908 196 1,577 ----9,681 17,153 17 18 52.262 8,164 199 1,568 ---9,931 27,084 18 19 51,974 8,428 202 1,559 ----10,190 37,274 19 20 51.688 8,701 205 1.551 ----10,457 47,731 20 21 51,404 8,983 208 1,542 ----10.,733 58,464 21 22 51,12 9,274 211 1,534 ----11,018 69,482 22 23 50.840 9,574 214 1.525 ----11,314 80,796 23 24 50.56l 9,884 218 l.517 ----11,619 92,414 24 25°50,283 10,204 221 1,508 ----11,934 104,348 25° 26 50.006 10.535 224 --10,759 115,107 26 27 49,731 10,877 227 --11,104 126,211 27 28 49,457 11,229 231 --11,460 137.672 28 29 49,185 11,594 234 --11,828 149,500 29 30 48,915 11,939 238 --12176 161.676 30 Totals 1,592,280 $234,863 $1,155 $40,350 $36,581 $-$$(155,916)$161,676 ·The numbers above are estimates based on industry standards complied by a 20 year average of geo-specific data.Actual numbers may vary. ·Demand savings estimated based off system size @ ApadanaSolarTech.com 3401 Nevada Ave N,Minneapolis,MN 55427 (612)636-1241 City council meeting of February 21, 2023 (Item No. 5c) Title: Special assessment - solar array installation at STEP Page 14 Meeting: City council Meeting date: February 21, 2023 Consent agenda item: 5d Executive summary Title: Special assessment to abate unsafe conditions of hazardous building – Ward 3 Recommended action: Motion to adopt resolution establishing a special assessment for the abatement of unsafe conditions for human occupancy of the hazardous building located at 3056 Edgewood Ave S. St. Louis Park, MN 55426. Policy consideration: Does the council support a special assessment for property cleanup at 3056 Edgewood Ave S? Summary: The property at 3056 Edgewood Ave S has had numerous code compliance notices over the past several years, which included outside storage and junk vehicle. More recently a discovery of the interior condition of the property resulted in a notification of structure unfit for human occupancy. The interior has an excessive number of items restricting egress throughout the home and severely limiting the use of the cooking and bathroom facilities as well as the sleeping areas. Staff has on numerous occasions attempted to encourage the property owners to maintain the property’s interior and exterior conditions including the garage. Attempts were made by City staff to find available resources to assist the owners in gaining compliance with city ordinances. Although contacts were made with representatives with Hennepin County, no resources were available to manage the volume of removal needed to bring the home into compliance. Staff coordinated with professional businesses specializing in the removal of excessive storage to provide written estimates to the property owners. The owners reviewed the estimates and agreed to a city-coordinated property cleanup and having the costs assessed to the property over ten years at 5.027%. Financial or budget considerations: The city has funds available in the permanent improvement revolving fund to finance the cost of this special assessment. Strategic priority consideration: Not applicable. Supporting documents: Resolution Petition Prepared by: Michael Pivec, property maintenance & licensing manager Reviewed by: Brian Hoffman, director of building & energy Approved by: Kim Keller, city manager City council meeting of February 21, 2023 (Item No. 5d) Page 2 Title: Special assessment to abate unsafe conditions of hazardous building – Ward 3 Resolution No. 23-___ Resolution authorizing special assessment of maintenance work at 3056 Edgewood Avenue South, St. Louis Park, MN 55416 PID No. 17-117-21-11-0042 Whereas, Christopher Woida and Michelle Woida, the Property Owners at 3056 Edgewood Avenue South, shall permit the City and its agents to enter the Subject Property and perform the Maintenance Work to bring the property into compliance with city code; and Whereas, the Property Owner has agreed to waive their right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and Whereas, the City Council of the City of St. Louis Park has received a report from the Property Maintenance Inspector related to conditions of the property. Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that: 1. Property Owners shall permit the City and its agents to enter the Subject Property and perform the Maintenance Work to bring the Property into Compliance with City Code. Property Owners agree that the City may, at its sole discretion, discard any refuse or debris as necessary to complete the Maintenance Work. 2. Property Owners and their successors and assigns hereby consent to the entry onto the Subject Property by the City and its successors and assigns, including any contractor hired for the purpose of completing the Maintenance Work. Property Owners further consent to the City and its successors and assigns discarding any refuse or debris as necessary to complete the Maintenance Work, and hereby waive any and all right to such property. 3. The total estimated cost for the Maintenance work is accepted at $17,432.22. 4. An administrative fee of $150.00 for processing shall be added to the special assessment funds. 5. The total special assessment against the property will be $17,582.22. 6. The Property Owners have agreed to waive their rights to a public hearing, notice and appeal from the special assessment, whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. City council meeting of February 21, 2023 (Item No. 5d) Page 3 Title: Special assessment to abate unsafe conditions of hazardous building – Ward 3 7. The Property Owners agree to pay the City for the cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.027% 8. The Property Owners agree to execute an agreement with the City and any other documents necessary to implement the Maintenance Work and the special assessment of all costs associated therewith. Reviewed for administration: Adopted by the city council February 21, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk ) \ Reservedfor Recording Information RIGHT OF ENTRY, MAINTENANCE WORK AMD SPECIAL ASSESSMENT AGREEMENT AGREEMENT made dis IT@ay of_rI,2023,by and between the CITY OF ST.LOUIS PARK,a Minnesota municipal corp ration ("City")and CHRISTOPHER G. WOIDA &MICHELLE D.WOIDA,("Property Owners"). RECITALS A.Property Owners are the owners of the property ("Subject Property")having a street address of 3056 Edgewood Ave.S,St.Louis Park,MN 55416,with PID No. 17-117-21-11-0042, legally described as: Lot 19,Block 2,Lenox,Hennepin County,Minnesota. B.The City has requested that Property Owners remove accumulated rubbish,trash, and obstructions within the Subject Property as required by City Code and as further described on Exhibit A ("Maintenance Work"). C.Property Owners have failed to undertake the Maintenance Work and have requested that the City or its agents enter the property and perform the Maintenance Work and assess all costs associated with the Maintenance Work (collectively the "Fees")against the Subject Property,as a service charge as authorized by Minnesota Statutes§429.101. NOW,THEREFORE,IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 224874v3 City council meeting of February 21, 2023 (Item No. 5d) Title: Special assessment to abate unsafe conditions of hazardous building - Ward 3 Page 4 1.MA INTENAN CE WORK .Property Owners shall permit the City and its agents to enter the Subject Property and perform the Maintenance Work to bring the Property into Compliance with City Code.Property Owners agree that the City may,at its sole discretion, discard any refuse or debris as necessary to complete the Maintenance Work. 2.CONSENT AND AGRE EMENT TO ENTR Y.Property Owners and their successors and assigns hereby consent to the entry onto the Subject Property by the City and its successors and assigns,including any contractor hired to complete the Maintenance Work,for the purpose of completing the Maintenance Work.Property Own ers further consent to the City and its successors and assigns discarding any refuse or debris as necessary to complete the Maintenance Work,and hereby waive any and all right to such property. 3.SPECIA L ASSESSMENT.The Property Owners shall be immediately responsible for paying all Fees.The City will assess the Fees against the Subject Property .The special assessment shall be deemed adopted on the date this Agreement has been signed by all parties.The cost shall be payable with ten (10)yearly installments,and assessed with an interest rate of 5.027%.The amount assessed under this Agreement shall include the cost of the Maintenance Work,seventeen thousand,four hundred thirty-two and 22/100 dollars ($17,432.22)and a City Administrative Fee of one hundred fifty dollars ($150.00),for a total of seventeen thousand,five hundred eighty-two and 22/100 dollars ($17,582.22). 4.W AIYER.Property Owners,and their successors and assigns,waive any and all procedural and substantive objections to the Maintenance Work and special assessment,including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property .Property Owners waive any appeal rights otherwise available pursuant to Minn. Stat.§429 .081. 5.RE LEA SE.Property Owners and their successors and assigns,hereby unconditionally release and forever discharge the City,its elected offi cials,employees,agents,and insurers from any and all claims and causes of action of whatever kind or nature that is in any way conn ected with or related to the M aintenance Work.The Property Owners shall indemn ify and hold harmless the City and its officers,agents,and employees from and against all claims,damages,and losses,or expenses,including attorney fees,which may be suffered or for which they may be held liable,rising out or resulting from the assertion against them of any claims,debts,or obligations in consequence of the performance of this Agreement by the City,its employees,agents,or subcontractors,to the extent allowed by law. 6.BIND ING EFFECT;RE C ORD IN G.This Agreement shall be binding upon Property Owners and their successors and assigns.This Agreement shall run with the land and may be recorded against the title to the Subject Property. IN W ITNESS WHERE OF,the parties have entered into this Agreement as of the date written above. [Remainder ofpage intentionally left blank} [Signature page to follow] 2 224874v3 City council meeting of February 21, 2023 (Item No. 5d) Title: Special assessment to abate unsafe conditions of hazardous building - Ward 3 Page 5 AN SPARK ST A TE OF MIN NESO TA ) )ss. C OUN TY OF HENNEPIN ) The foregoing instrum ent was acknowledged befo re me this \4°day of ::Se-.v,,\A.c,{~,2023,by Jake Spano and by Kim Keller,respectively the M ayor and City M anager of he City of St.Louis Park,a Minn esota municipal corpora tion,on behalf of the corporation pursuant to the authority granted by its Ce Council. @@@tCEzEE?±2!l[{"q}})oinY Puuc-MiNNEsoTA Notary Public08"//My comm.Exp.Jan.31,2026 Mihelle D.Woida Aaron Kenneth Borken NO TA RY PUBLIC M INNE SO TA ±>My Commusson Expres 01/31/2026 ST A TE OF M INNESOTA ) )ss. COUN TY OF HENN EPIN ) The foregoing instrument was acknowledged before rrle thi,~of'},:,,or~,/.. 2023,by Christopher G.Woida and Michelle D.Woida ~(, Notary Public DRAFTED BY: CAMPBELL KNUTSON,P.A. Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,MN 55121 612-452-5000 4 224874v3 City council meeting of February 21, 2023 (Item No. 5d) Title: Special assessment to abate unsafe conditions of hazardous building - Ward 3 Page 6 224874v3 EXHIBIT A [Description of Maintenance Work] 5 City council meeting of February 21, 2023 (Item No. 5d) Title: Special assessment to abate unsafe conditions of hazardous building - Ward 3 Page 7 Meeting: City council Meeting date: February 21, 2023 Consent agenda item: 5e Executive summary Title: Traffic study 773 – authorize permit parking at 2708 Dakota Avenue – Ward 1 Recommended action: Motion to adopt Resolution authorizing installation of permit parking restrictions in front of 2708 Dakota Avenue. Policy consideration: This authorization of parking restrictions is allowed per the city code. Summary: In January 2023, staff received a request from a resident at 2708 Dakota Avenue for a medical needs parking permit. The resident requires curbside access to vehicles adjacent to their property due to mobility concerns. It has been the city’s practice to use permit parking in these types of situations, which can be removed when the individual needing access no longer resides there or no longer needs the access. The traffic committee considered the request to be valid and supports the installation of permit parking at 2708 Dakota Avenue. This recommendation is based on the following: • A resident of the household has limited mobility and is eligible for a parking permit. • Installing permit parking will mitigate conflicting parking tendencies with neighbors. • Parking is allowed on Dakota Avenue. Frozen ground conditions make the installation of permanent signage difficult and expensive to complete. Therefore, sign installation will occur as soon as ground conditions allow in the spring. Financial or budget considerations: The cost of enacting these controls is approximately $300 and will come out of the general operating budget. Parking signs can last on the street for roughly ten years. Strategic priority consideration: Not applicable. Supporting documents: Resolution Map Prepared by: Kerrwin Dempsey, engineering technician III Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of February 21, 2023 (Item No. 5e) Page 2 Title: Traffic study 773 – authorize permit parking at 2708 Dakota Avenue Resolution No. 23-____ Resolution authorizing installation of permit parking in front of 2708 Dakota Avenue Whereas, the City of St. Louis Park allows for parking permits for persons with disabilities or medical needs; and, Whereas, installation of parking restrictions is allowed per the city code; and, Whereas, the City of St. Louis Park received a valid and complete application for permit parking at 2708 Dakota Avenue; and, Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that the engineering director is hereby authorized to: 1. Install permit parking at 2708 Dakota Avenue Reviewed for administration: Adopted by the City Council February 21, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk DAKOTA AVE SDAKOTA AVE S27TH ST W27TH ST W 27212720 2717 2701 2712 2716 2704 2708 2713 2700 2709 2704 2705 0 50 10025 Feet TS 773 - 2708 Dakota Ave S Proposed permit parking City council meeting of February 21, 2023 (Item No. 5e) Title: Traffic study 773 - authorize permit parking at 2708 Dakota Avenue Page 3 Meeting: City council Meeting date: February 21, 2023 Consent agenda item: 5f Executive summary Title: Traffic study 774 – authorize permit parking at 3601 Lynn Avenue – Ward 2 Recommended action: Motion to adopt Resolution authorizing installation of permit parking restrictions in front of 3601 Lynn Avenue. Policy consideration: This authorization of parking restrictions is allowed per the city code. Summary: In January 2023, staff received a request from a resident at 3601 Lynn Avenue for a medical needs parking permit. The resident requires curbside access to vehicles adjacent to their property due to mobility concerns. It has been the city’s practice to use permit parking in these types of situations, which can be removed when the individual needing access no longer resides there or no longer needs the access. The traffic committee considers the request to be valid and supports the installation of permit parking at 3601 Lynn Avenue. This recommendation is based on the following: • A resident of the household has limited mobility and is eligible for a parking permit. • Installing permit parking will mitigate conflicting parking tendencies with neighbors. • Parking is allowed on Lynn Avenue Frozen ground conditions make the installation of permanent signage difficult and expensive to complete. Therefore, sign installation will occur as soon as ground conditions allow in the spring. . Financial or budget considerations: The cost of enacting these controls is approximately $300 and will come out of the general operating budget. Parking signs can last on the street for roughly ten years. Strategic priority consideration: Not applicable. Supporting documents: Resolution Map Prepared by: Kerrwin Dempsey, engineering technician III Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of February 21, 2023 (Item No. 5f) Page 2 Title: Traffic study 774 – authorize permit parking at 3601 Lynn Avenue Resolution No. 23-____ Resolution authorizing installation of permit parking in front of 3601 Lynn Avenue Whereas, the City of St. Louis Park allows for parking permits for persons with disabilities or medical needs; and, Whereas, installation of parking restrictions is allowed per the city code; and, Whereas, the City of St. Louis Park received a valid and complete application for permit parking at 3601 Lynn Avenue; and, Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that the engineering director is hereby authorized to: 1. Install permit parking at 3601 Lynn Avenue Reviewed for administration: Adopted by the City Council February 21, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk 36TH ST W36TH ST W LYNN AVE SLYNN AVE S4410 3602 3600 4502 45004504 440844144412 3601 3605 4406 4404 3609 44204422 0 50 10025 Feet TS 774 - 3601 Lynn Ave S Proposed permit parking City council meeting of February 21, 2023 (Item No. 5f) Title: Traffic study 774 - authorize permit parking at 3601 Lynn Avenue Page 3 Meeting: City council Meeting date: February 21, 2023 Consent agenda item: 5g Executive summary Title: Consider renewal of liquor license for Loop West End LLC dba The Loop Recommended action: Motion to adopt resolution approving renewal with conditions of an on- sale intoxicating and on-sale Sunday liquor license for Loop West End LLC dba The Loop for the license term March 1, 2023, through March 1, 2024. Policy consideration: Does the applicant meet the requirements for renewal of their liquor license? Summary: The Loop applied for renewal of their liquor license on January 27, 2023. Renewal materials include state and city applications, certification of liquor liability insurance, proof of workers compensation insurance, CPA statements certifying food and liquor sales for the preceding business year, and license fees. The required CPA statement demonstrated that The Loop was not in compliance with the requirement outlined in City Code Section 3-70(g) that all establishments holding an on-sale intoxicating liquor license have at least 50% of gross receipts attributable to the sale of food during the preceding business year. This is the second consecutive year in which they were not compliant with the requirement. The Loop’s liquor license was renewed for the 2022-2023 license period under a probationary status, which is allowed under the provisions of City Code Section 3-70(g). The probationary period allows establishments to retain their license and provides the licensee an opportunity to achieve compliance without further adverse action against the license. Failure to comply with the requirements outlined in this section technically makes the licensee ineligible for a liquor license. Liquor license renewals are approved at the discretion of the city council. The city values members of the business community and does not want a business to close for failure to comply with this requirement. However, the licensee is expected to operate their business in accordance with all requirements of both state law and the city code. Staff and representatives from The Loop met to discuss the issue and establish agreed upon conditions under which the city council would consider renewal of the license for the next license period. The goals were to ensure that The Loop could remain open, implement actionable steps to achieve compliance with all requirements for licensure, and continue operational practices to ensure the responsible service of alcohol and protect the health and safety of customers and the community. Representatives from The Loop and city staff have discussed and agreed to the conditions identified in Exhibit A. Financial or budget considerations: Fees received for liquor license renewals are budgeted and meant to offset the costs of administering and enforcing liquor licensing regulations and requirements. The fee for an on-sale intoxicating and on-sale Sunday liquor license is $8,950. Strategic priority consideration: Not applicable. Supporting documents: Resolution, Exhibit A Prepared by: Chase Peterson-Etem, deputy city clerk Reviewed by: Melissa Kennedy, city clerk Approved by: Kim Keller, city manager City council meeting of February 21, 2023 (Item No. 5g) Page 2 Title: Consider renewal of liquor license for Loop West End LLC dba The Loop Resolution No. 23-____ Resolution approving renewal of liquor license for Loop West End, LLC dba The Loop for the license period March 1, 2023, through March 1, 2024 Whereas Minnesota Statutes Chapter 340A and St. Louis Park City Code Chapter 3 provide for liquor licensing in cooperation with the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety, and Whereas no license may be issued or renewed if required criteria has not been met, and Whereas The Loop meets the primary criteria for licensure and agrees to the conditions listed in Exhibit A for renewal of their liquor license, and Now therefore be it resolved by the St. Louis Park City Council that the applicant has met the criteria necessary for issuance of their respective liquor license, and the application is hereby approved for March 1, 2023, to March 1, 2024. Reviewed for administration: Adopted by the city council February 21, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Agreement regarding proposed liquor license renewal for Loop West End LLC dba The Loop for the license period of March 1, 2023, through March 1, 2024 1.This agreement is entered into on this 14th day of February 2023 by the City of St. Louis Park (“city”) and Loop West End LLC dba The Loop (“licensee”) located at 5331 W 16th Street, St. Louis Park. 2.The licensee currently holds on-sale intoxicating and on-sale Sunday liquor licenses for the license period ending at 12:01 a.m. on March 1, 2023. 3.The purpose of this agreement is to establish terms by which the city council will consider renewal of the on-sale intoxicating and on-sale Sunday liquor licenses held by the licensee for period of March 1, 2023 – March 1, 2024. 4.Minnesota Statutes Chapter 340A and St. Louis Park City Code Chapter 3 provide for liquor licensing in cooperation with the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety. No license may be issued or renewed if required criteria in both statute and code have not been met. City Code Section 3-70(g) requires that all establishments holding an on-sale intoxicating liquor license have at least 50% of gross receipts attributable to the sale of food during the preceding business year. 5.In 2022 the licensee was placed on probation for the period of 1-year for failure to comply with the requirements outlined in City Code Section 3-70(g). In 2023 the licensee reported that less than 50% of their gross receipts were attributable to the sale of food. 6.The city values members of the business community and wants to continue working with the licensee to achieve safe, successful, and responsible operations that comply with the rules and regulations related to the sale and service of alcohol. The city seeks to ensure the licensee continues to take appropriate measures to address issues in a timely manner to protect the safety of patrons, the licensee, and the community. 7.The licensee acknowledges that the city council will consider renewal of the liquor license held by Loop West End LLC dba The Loop under the following conditions: a.The licensee will provide a detailed plan with action steps that will be taken to achieve compliance with the city code requirement related to the food/liquor sales ratio by February 28, 2023. b.The licensee shall provide an interim report of food and liquor sales from January 1, 2023, through June 30, 2023, by August 1, 2023. c.The licensee will work with city staff to review and adjust the action plan as needed during the license period to meet liquor license compliance requirements. d.The licensee will provide documentation to the city that all staff engaged in the sale or service of alcohol have completed alcohol server training by May 1, 2023. The documentation shall include a list of all employees, the date they completed training, the name/type of the specific program completed, and the name, address, phone, and email for the person/entity that provided the training. DocuSign Envelope ID: FC76B6E4-197B-4F99-9C98-000A2E79EA44 City council meeting of February 21, 2023 (Item No. 5g) Title: Consider renewal of liquor license for Loop West End LLC dba The Loop Page 3 e. The licensee will ensure that the following security protocols are followed to address public safety concerns: • Bathroom check done every 20 minutes by either Loop security or Loop management. • 1:15 a.m. all alcohol removed from patio. • 1:30 a.m. last call for alcohol, Thursday – Saturday. • 1:40 a.m. lights up, music and TV’s turned off, Thursday – Saturday. • Loop security present outside directing guests to transportation services (Uber/Lyft/taxi/etc.), and parking lot until 2:15 a.m. Thursday – Saturday. Security shall take appropriate actions if they observe anyone who appears intoxicated heading towards a vehicle and attempting to drive. • Post signage stating that no firearms are allowed on the property. • The licensee will continue to meet quarterly with representatives from the City of St. Louis Park Police Department to review operations and implement any additional security measures that may be needed to address public safety concerns. 9. The city shall impose a $2,000 fine for failure to comply with the city code requirement for the second consecutive year. The fine shall be stayed provided the licensee is compliant with the food/liquor sales ratio requirement at the time of renewal for the next license period. If the licensee fails to comply with the requirement in place at the time of renewal, the fine shall be imposed, and the license will not be renewed. 10. The licensee acknowledges that failure to comply with the above conditions during the upcoming license period or violations of any city or state law related to the sale of alcohol may result in further adverse action against the license including but not limited to: fines, suspensions, or revocation. In witness whereof, the undersigned have executed this agreement to be effective as of the date of execution set forth above. City of St. Louis Park Loop West End, LLC, dba The Loop _________________________________ ______________________________ Melissa Kennedy, City Clerk Ryan Brevig, Owner/Operator DocuSign Envelope ID: FC76B6E4-197B-4F99-9C98-000A2E79EA44 City council meeting of February 21, 2023 (Item No. 5g) Title: Consider renewal of liquor license for Loop West End LLC dba The Loop Page 4 Meeting: City council Meeting date: February 21, 2023 Public hearing: 6a Executive summary Title: Public hearing to consider allocation of 2023 Community Development Block Grant (CDBG) funds Recommended action: Mayor to open public hearing, take testimony, and then close the hearing. Motion to adopt resolution approving proposed use of 2023 Urban Hennepin County Community Development Block Grant funds and authorize execution of sub-recipient agreement with Hennepin County and any third-party agreements. Policy consideration: Does the city council concur with the recommendations made for the allocation of $142,241 in 2023 CDBG funds? Summary: Each year the city receives an allocation of Community Development Block Grant (CDBG) funds from the U.S. Housing and Urban Development (HUD) and the city must decide how to use the funds. CDBG funds are distributed from HUD through Hennepin County. The city must submit its proposed uses of the allocation to Hennepin County. Prior to submittal, the city must hold a public hearing. The city has not received our estimated 2023 direct allocation so for planning purposes Hennepin County used a formula including updated American Community Survey (ACS) data to estimate $142,241 for 2023. This is approximately $25,000 less than in 2022. This year’s proposed use of CDBG funds reflect the city’s priorities to preserve existing affordable housing and increase affordable home ownership opportunities by allocating all CDBG funds to the low-income deferred rehab loan. Beginning in 2018, 15% of the overall annual CDBG budget is set aside by Hennepin County for public service activities and awarded through a single combined, competitive request for proposals (RFP) covering all the cities in the county program. Public service activities that serve St. Louis Park may apply to the RFP. Financial or budget considerations: CDBG funds allow cities discretion, within HUD guidelines, to fund projects that meet the national low-income objectives and the needs of the cities. The federal budget has not been finalized so the Hennepin County estimate of $142,241 may change. The 2023 CDBG year runs from July 1, 2023, through June 30, 2024. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion Resolution Prepared by: Marney Olson, housing supervisor Reviewed by: Sean Walther, planning manage / deputy community development director Approved by: Kim Keller, city manager City council meeting of February 21, 2023 (Item No. 6a) Page 2 Title: Public hearing to consider allocation of 2023 Community Development Block Grant (CDBG) funds Discussion Background: The national objectives of the CDBG program are to benefit low- and moderate- income persons, prevention or elimination of slum or blight, and/or to meet a particular urgent community development need. The city council has typically focused CDBG funds on improvements to the housing stock for low-income families or on affordable homeownership. The CDBG program allows for up to 15% of allocated funds to be used to fund public services. Beginning in 2018, Hennepin County set aside the public service funds to be awarded through a single combined, competitive RFP. Hennepin County advertises the RFP process and sends information to public service providers including past recipients. In the past, the city also funded rehabilitation and improvements for affordable housing providers in St. Louis Park. Due to federal regulations requiring Davis Bacon Wage Rates, other regulatory requirements related to the use of federal funding for multifamily properties, and St. Louis Park’s limited CDBG award, small CDBG awards both complicated and increased the costs of these projects. The West Hennepin Affordable Housing Land Trust (WHAHLT), doing business as Homes Within Reach, has also historically been funded with CDBG and city funds. Acquisition and rehab for this program also require additional compliance requirements and additional city staff work to administer funding for this program. The low-income deferred rehab loan which has been funded on an ongoing basis with CDBG funds is administered by Hennepin County. Present considerations: The 2023 estimated CDBG allocation is $142,241, which is approximately $25,000 less than 2022. Staff recommend all the funds be allocated for the low- income deferred rehab loan administered by Hennepin County. The low-income deferred loan program is a program for homeowners with annual incomes at or below 80% area median income. The rehab focuses on improvements to bring homes into code compliance, address deferred maintenance, and provide long-term maintenance-free housing. The maximum loan amount is $30,000 and is deferred until the sale of the home or forgiven after 15 years. As of December 31, 2022, there were 101 households on the waiting list, demonstrating the need to continue allocating CDBG funds to this program. To address this growing backlog the city budgeted an additional $300,000 in city funds for this program for 2023 to be administered by Hennepin County. With the growing need for the deferred loan program and the additional administrative work required to receive CDBG reimbursement for WHAHLT expenses, staff recommend all CDBG funds be allocated to the deferred loan program. Staff increased the city budget for WHAHLT in 2023 with this recommendation in mind so there is no negative impact to WHAHLT in not receiving CDBG funds. WHAHLT also receives other funding from Hennepin County so the city is assured that all procurement, safety issues such as lead testing and abatement, and energy efficiency is part of their acquisition and rehab process. In addition, WHAHLT will be required to pull permits for rehab work ensuring code compliance. The St. Louis Park Housing Authority board reviewed the recommended use of 2023 CDBG funds and supports the allocation as proposed. City council meeting of February 21, 2023 (Item No. 6a) Page 3 Title: Public hearing to consider allocation of 2023 Community Development Block Grant (CDBG) funds Resolution No. 23-____ Resolution approving proposed allocation for 2023 Urban Hennepin County Community Development Block Grant (CDBG) program funds and authorizing execution of subrecipient agreement with urban Hennepin County and any third party agreements Whereas, the City of St. Louis Park, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and Whereas, the City of St. Louis Park has developed a proposal for the use of 2023 Urban Hennepin County Community Development Block Grant funds; Now therefore be it resolved that the City Council of St. Louis Park approves the following project for funding from the 2023 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Urban Hennepin County/Consolidated Pool. Activity Budget Low-income deferred rehab loan $142,241 It is further resolved that the City Council hereby authorizes and directs the mayor and its’ city manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the city to implement the 2023 Community Development Block Grant Program. It is further resolved that should the actual amount of FY2023 CDBG available to the city be different from the preliminary amount provided to the city, the city council hereby authorizes the city manager to adjust following activity budget proportionally to reflect the actual amount of funding available. Activity Budget Low-income deferred rehab loan 100% of any increase or decrease Reviewed for administration: Adopted by the City Council February 21, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 21, 2023 Action agenda item: 7a Executive s ummary Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Recommended action: Motion to approve first reading of the ordinance amending city code chapter 3 related to alcoholic beverages and set the second reading for March 6. Policy consideration: Does the city council support the proposed amendments to align the city’s regulations related to the sale and service of alcohol with state law? Summary: Chapter 3 of the city code governs the sale and service of alcohol in the city, including licensing requirements. The goal of the proposed amendments is to simplify certain areas of the code to align with the liquor rules and regulations outlined in M.S. Chapter 340A. Proposed changes reflect an explicit deference to state law to eliminate, wherever possible, the need to amend the code each time a provision in state law changes. The city attorney and League of MN Cities support this approach to regulating liquor at the local level. This ensures the city’s regulations comply with state law and are responsive to the needs of current and future licensees. The city continues to retain the ability to be more restrictive than state law, although the preferred approach has been to provide as much flexibility as possible for licensed establishments while also maintaining the character and standards of both neighborhood and commercial districts. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Draft ordinance Prepared by: Melissa Kennedy, city clerk Chase Peterson-Etem, deputy city clerk Approved by: Cindy Walsh, deputy city manager Ordinance No. ______-23 Ordinance amending city code chapter 3 related to alcoholic beverages The City of St. Louis Park, Minnesota does ordain: Section 1. St. Louis Park City Code Chapter 3 is hereby amended as follows to delete the struck-out language and to add the following underlined text : Article II. Sale, Consumption, and Display Division 1. Generally *** Sec. 3-31. Provisions of state law adopted. Adoption of state law by reference. Except to the extent the provisions of this article are more restrictive, The provisions of M.S.A.Ch. 340A, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, regarding the terms, licensing, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and made a part of this article chapter as if set out in full in this section. It is the intention of the city council that all future amendments to M.S. Ch. 340A are hereby adopted by reference or referenced as if they had been in existence at the time this chapter is adopted. Sec. 3-32. City may be more restrictive than state law. The council is authorized by the provisions of M.S. § 340A.509, as it may be amended from time to time, to impose, and has imposed in this chapter, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those con tained in M.S. Ch. 340A, as it may be amended from time to time. Sec. 3-323. Definitions. The following words, terms, and phrases, when used in this article, and In addition to the definitions contained in M.S.A. ch. 340A Minn. Stat. § 340A.101, as it may be amended from time to time, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning the following terms are defined for purposes of this chapter: Bona fide club means an organization for social or business purposes or for intellectual improvement, or for the promotion of sports, where the serving of alcohol is incidental and not the major purpose of the club. Brewer means a person who manufactures malt liquor for sale. Brewpub means an establishment in which malt liquor is brewed or manufactured for sale and consumption on tap on the premises where the malt liquor is brewed or for sale and personal consumption off the brewer’s premises. Display means the keeping or storing, or permitting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken on, in or at DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 2 any table, booth, bar or other area of a premises licensed under this article which is accessible to the general public, except when the alcoholic beverage is stored in a normal storage area of such licensed premises during non -sale hours. Interest means and includes any pecuniary interest in the ownership, operation, management or profits of a liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business, or selling or leasing merchandise, fixtures or supplies to such establishment; or any interest of five percent or less in any corporation holding a liquor license under this article. A person who receives monies, from time to time, directly or indirectly from a license e in the absence of a bona fide consideration therefor, excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" under this definition, the reasonable value of the goods or things received as consideration for the payment of the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade any prohibitions under this article chapter shall be considered. Liquor, as used in this chapter, without modification by the words “intoxicating” or “3.2 percent malt” includes both intoxicating liquor and 3.2 percent malt liquor. Licensed premises means the premises described in the approved license application as set forth in this article. In the case of a restaurant, club or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, such term means the entire golf course, except for areas where motor vehicles are regularly parked or operated. Place of Worship means church, synagogue, temple, mosque, or other facility used for religious services. Properly Designated officer means and includes a city police officer, city fire inspector marshal, city building official, and health inspectors employed by the county or the state acting in the course of the scope of their employment. Sale and sell mean and include all barters and manners or means of furnishing alcoholic beverages. School means a building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota . and not providing residential accommodations. Store manager means a person designated by a license holder under this article chapter, who works on the licensed premises and is in charge of day-to-day liquor sales. Restaurant means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, served at tables to the general public, and which has a minimum seating capacity for at least 30 guests as prescribed by the license issuing authority and the principal part of the business is the preparation and serving of food. Underage person means a person who is under the legal drinking age as provided by M.S. Ch. 340A. DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 3 Sec. 3-334. Unlawful acts. a. No person shall consume alcoholic beverages on a licensed premises more than 15 minutes after the hour when a sale of such alcoholic beverages can legally be made. b. No person shall consume or possess open containers of alcoholic beverages liquor or consume any alcoholic beverages in a city park unless authorized by chapter 20 of this code, on any public streets, sidewalk, parking lot or alley public parking lots or in any public place other than on , parking lots under the control of a liquor license holder outside the licensed structure the premises of an establishment licensed under this chapter, or on private property generally open to the public, unless possession or consumption is during a specific event on such property which is approved by the city as provided in this article chapter. Sec. 3-35. Violations. The following actions by an applicant or a licensee under this article chapter shall constitute a violation of this section: a. Providing false or misleading statements made on a license application or renewal application, or failure to abide by the commitments, promises , or representations made to the city council on a license application. b. Violation of any special conditions under which a license was granted under this article chapter, including, but not limited to, the timely payment of real estate taxes and all other charges. c. Violation of any federal, state, or local law regulating the sale of intoxicating liquor, 3.2 percent malt liquor or a controlled substance. d. Creation of a nuisance on a premises licensed under this article chapter or in the surrounding area of such premises. e. The licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor. f. The licensee had knowledge of illegal acts upon or attributable to the licensed premises but failed to report such illegal acts to the police. g. Expiration or cancellation of any required insurance under this article chapter, or failure to notify the city within a reasonable time of changes in the term of such insurance or the carriers of such insurance. Secs. 3-36--3-55. Reserved. DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 4 Division 2. Licenses Sec. 3-56. Required. Except as otherwise provided in this article chapter or in M.S.A. Ch. 340A, no person shall directly or indirectly deal in, sell, keep for sale , or deliver any intoxicating liquor, 3.2 percent malt liquor, or wine as part of a commercial transaction without first having received a license to do so as provided in this divisi on; nor shall any private club or public place, directly or indirectly, or upon any pretense or by any device, allow the consumption or display of intoxicating liquor or serve any liquid for the purpose of mixing such liquid with an intoxicating liquor without first obtaining a license from the city as provided in this division. Sec. 3-57. Classifications. Types of licenses. The following types of licenses shall be issued under this division: a. On-sale intoxicating liquor license. On-sale intoxicating liquor licenses shall may be granted issued to the following establishments as defined by Minn. Stat. § 340A.101, as it may be amended from time to time, and this chapter: only to hotels, clubs, and restaurants, bowling centers, theaters, clubs, or congressionally chartered veterans’ organizations . Such license shall be issued to clubs and congressionally chartered veterans' organizations if they have been in existence for at least three years and liquor sales will only be to members and bona fide guests of such club or organization. b. On-sale Sunday on-sale intoxicating liquor license. On-sale Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in this chapter, clubs, bowling center, or hotels with facilities for serving not less than a seating capacity for at least 30 guests people at one time, to and which holds an on- sale intoxicating liquor license has been issued. Such license shall permit the sale of liquor to be consumed for consumption on the premises in conjunction with the sale of food between the hours of 12:00 noon 8:00 a.m. on Sundays and 12:00 a.m. on Mondays in conjunction with the serving of food. Such license may permit the sale of liquor to be consumed on the premises between the hours of 10:00 a.m. Sunday and 1:00 a.m. on Monday in conjunction with the serving of food, provided that the licensee is in conformance with the Minnesota Clean Air Act (M.S.A. §§ 144.411--144.417), and provided a public hearing is held prior to the issuance of the license. No Sunday license is needed for an on-sale wine license. c. Off-sale intoxicating liquor license. Off-sale intoxicating liquor licenses may be issued to an exclusive liquor store and shall permit off-sale of intoxicating liquor and 3.2 percent malt liquor. d. On-sale wine licenses. On-sale wine licenses may be issued, with the approval of the Commissioner of Public Safety, only to restaurants having that have facilities for seating at least 30 25 people at one time. A wine license for permits the sale of wine not exceeding up to 14 24 percent alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. The holder of an on- sale wine license who is also licensed to sell also holds an on-sale 3.2 percent malt liquor license on-sale and whose gross receipts are at least 60 percent attributable to the sale of food, may also is authorized to sell intoxicating malt liquor with a content over 3.2 percent (strong beer) at on-sale without an additional license. DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 5 A rabbi, priest, or minister of a church or other established religious organization may import wine exclusively for sacramental purposes without a license. No license shall be required for the resale of wine by a rabbi, priest, minister, or pastor of a duly organized religious organization to worshi ppers solely for the purpose of practicing religious rites in their homes. e. On-sale 3.2 percent malt liquor license. On-sale 3.2 percent malt liquor licenses may be issued to restaurants, hotels, bona fide clubs, bowling centers, golf courses, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks . at retail, provided that no manufacturer or wholesaler of such 3.2 percent malt beverage shall have any ownership, in whole or in part, in the business of any licensee holding an on -sale 3.2 percent malt liquor license. Such license shall permit the licensee to sell 3.2 percent malt liquor for consumption on the premises of the licensee as set forth in such license. f. Off-sale 3.2 percent malt liquor license. Off-sale 3.2 percent malt liquor licenses may be issued to general food stores and drugstores and shall permit the sale of 3.2 percent malt liquor at retail, in the original package, for consumption off the premises only. g. Temporary on-sale 3.2 malt liquor license. Temporary on-sale 3.2 percent malt liquor licenses may be issued to clubs, charitable, religious, or nonprofit organizations. which have been in existence for three years . The license may authorize the on-sale of 3.2 percent malt liquor for consumption on a specific premises for not more than two consecutive days, and no individual organization may be granted such license for more than six days per calendar year. Licenses issued under this subsection are subject to all laws and ordinances governing the sale of intoxicating liquor, except that mandatory liability provisions and M.S.A. §§ 340A.409 and 340A.504, subd. 3(d), do not apply. h. Temporary on-sale intoxicating liquor license. Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety , may be issued to clubs, charitable, religious, or other nonprofit organizations which have been in existence for at least three years, or to a state -registered political committee, in connection with a social event within the city sponsored by the licensee. The city shall not issue more than three temporary licenses to any one organization or location during a calendar year, and each such license is limited to not more than four consecutive days. No license shall be for longer than four consecutive days, and the city shall issue no more than 12 d ays’ worth of temporary licenses to any one organization in one calendar year. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on-sale intoxicating liquor license issued by any municipality. The licenses are subject to the terms, including a license fee, imposed by the issuing municipality. Licenses issued under this subsection are subject to all laws and ordinances governing the sale of intoxicating liquor, except that manda tory liability provisions in M.S. §§ 340A.409 and 340A.504, subd. 3(d), do not apply, and those other laws and ordinances which, by their nature, are not applicable. A license approved by the city council under this subsection shall not be valid until it i s approved by the commissioner of public safety. No more than three four -day, four three-day or six two-day temporary licenses, in any combination not to exceed 12 days per year, DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 6 may be issued for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12 -month period. Not more than one temporary license may be issued to any one organization or registered political committee, or for any one location, within any 30-day period. i. Club license. Club licenses may be issued to clubs as provided in M.S.A. § 340A.404, subd. 1. No license shall be issued or renewed to a club which discriminates against members or applicants for membership, or guests of members, based on race. j. Consumption and display permit. Consumption and display permits may be issued to a bottle club which complies with the requirements of M.S.A. § 340A.414, and which has obtained a permit from the commissioner of public safety. Consumption and display permits shall not be issued in the city, except to establishments that had been issued such a license on or prior to the effective date of the ordinance from which this division is derived. k. One-day consumption and display permit. A nonprofit organization in conjunction with a social activity held within the city and sponsored by that organization may apply for a one-day consumption and display permit. There shall be no sale of intoxicating liquor under such license, nor shall there be a fee charged at a permitted social activity where such fee includes the cost of intoxicating liquor. The applicant for such permit shall complete both state and city forms, and the city shall not issue more than ten one-day consumption and display permits per calendar year. j. Brew pub on-sale intoxicating liquor or on-sale 3.2 percent malt liquor license. Brew pub on-sale intoxicating liquor or on-sale 3.2 percent malt liquor licenses may be issued, with the approval of the Commissioner of Public Safety, to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at Minn. Stat. § 340A.24, as it may be amended from time to time. Sales under this license at on-sale may not exceed 3,500 barrels per year. If a brew pub licensed under this section possesses a license for off-sale, the brew pub’s total combined retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 750 barrels. k. Brew pub off-sale malt liquor license. A brew pub off-sale malt liquor license may be issued, with the approval of the Commissioner of Public Safety, to a brewer who holds an on-sale intoxicating liquor or 3.2 percent malt liquor license issued by the city for a restaurant operated in the place of manufacture and otherwise meets the criteria established at Minn. Stat. § 340A.24, as it may be amended fr om time to time. Off-sale of malt liquor shall be limited to the legal hours for off -sale at exclusive liquor stores in the city. Malt liquor sold off -sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor st ores. All malt liquor sold under this license shall be packaged in the manner required by Minn. Stat. § 340A.285 as it may be amended from time to time. Sales under this license may not exceed 750 barrels per year. If a brewer licensed under this section possesses a license under Section 3-57 (j) above, the brewer's total retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off -sales may not total more than 750 barrels. DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 7 a. The malt liquor sold off-sale must be produced and packaged on the licensed premises. b. Off-sale of malt liquor shall be limited to the legal hours for off -sale pursuant to section 3-105 except an establishment that holds a brewpub off-sale malt liquor license may sell malt liquor off-sale between the hours of 8:00 a.m. and 10:00 p.m. on Sundays. The malt liquor shall be packaged in 64-ounce containers commonly known as growlers only. (Ord. No. 2474-15, 9-8-15) c. The malt liquor sold off-sale must be removed from the licensed premises before the applicable off-sale closing time pursuant to section 3-105. d. The malt liquor sold off-sale shall be packaged in 64-ounce containers commonly known as “growlers” or in 750 milliliter bottles and shall have the following requirements for packaging: 1) The containers shall bear a twist type closure, cork, stopper, or plug. 2) At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container and extend over the top of the twist type closure, cork, stopper, or plug forming a seal that must be broken upon opening of the container or bottle. 3) The adhesive band, strip or sleeve shall bear the name and address of the brewer/licensee selling the malt liquor. 4) The containers shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer/licensee selling the malt liquor, and the contents in the container packaged as required herein shall be considered intoxicating liquor unless the alcoholic content is lab eled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. e. The retail sales for a brewer/licensee at on-sale or off-sale under this subsection may not exceed 3,500 barrels per year, provided that off -sales may not total more than 50 percent of the brewer/licensee's production or 500 barrels, whichever is less. f. A brewer operating a brewpub may hold or have an interest in other retail on -sale licenses but may not have an ownership interest in whole or in part, or be an officer, director, agent, or employee of, any other manufacturer, brewer, importer, or wholesaler or be an affiliate thereof, whether the affiliation is corporate or by management, direction or control. Notwithstanding this prohibition, a brewer licensed under this provision may be an affiliate or subsidiary company of a brewer licensed in Minnesota or elsewhere if that brewer's only manufacture of malt liquor is: 1) As a brewpub as defined herein and limited to the regulations of a brewpub by this chapter. 2) Manufactured in another state for consumption exclusively in a restaurant located in the place of manufacture or brewing; or DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 8 3) Manufactured in another state for consumption primarily in a restaurant located in or immediately adjacent to the place of manufacture if the brewer was licensed subject to the regulations herein on January 1, 1995. l. Brewer off sale malt liquor license. Brewer off-sale malt liquor licenses may be issued, with approval of the Commissioner of Public Safety, to a holder of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j) and meeting the criteria established by Minn. Stat. § 340A.28 as may be amended from time to time. The amount of malt liquor sold at off-sale may not exceed 750 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores pursuant to Section 3-105, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores, except that malt liquor in growlers only may be sold at off-sale on Sundays. Packaging of malt liquor for off-sale under this license must comply with Minn. Stat. § 340A.285. Notwithstanding any law to the contrary and in addition to the authority provided in Minn. Stat. § 340A.28, a brewer off-sale malt liquor license may be issued, with approval of the Commissioner of Public Safety, to a holder of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j) and meeting the criteria established by Minn. Stat. § 340A.29 as may be amended from time to time, for off -sale of up to 128 ounces per customer per day of malt liquor produced and packaged by the holder. Packaging of malt liquor for off-sale under this license must comply with Minnesota Rules, parts 7515.1080 to 7515.1120. A brewer who has a license from the Commissioner of Public Safety to brew 20,000 barrels of malt liquor per year may with the approval of the Commissioner of Public Safety be issued a license by the City for off-sale of malt liquor subject to the following conditions: a. The malt liquor sold off-sale must be produced and packaged on the licensed premises. b. Off-sale of malt liquor shall be limited to the legal hours for off -sale pursuant to section 3-105 except an establishment that holds a brewer off-sale malt liquor license may sell malt liquor off-sale between the hours of 8:00 a.m. and 10:00 p.m. on Sundays. The malt liquor shall be packaged in 64-ounce containers commonly known as growlers only. (Ord. No. 2474-15, 9-8-15) c. The malt liquor sold off-sale shall be packaged in 64-ounce containers commonly known as “growlers” or in 750 milliliter bottles and shall have the following requirements for packaging: 1) The containers or bottles shall bear a twist type closure, cork, stopper, or plug. 2) At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container or bottle and extend over the top of the twist type closure, cork, stopper, or plug forming a seal that must be broken upon opening of the container or bottle. DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 9 3) The adhesive band, strip or sleeve shall bear the name and address of the brewer/licensee selling the malt liquor. 4) The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer/licensee selling the malt liquor, and the contents in the container packaged as required herein shall be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. m. Brewer taproom license. A brewer who has a license from the Commissioner of Public Safety to brew up to 20,000 barrels of malt liquor per year may be issued a license by the City for on-sale of malt liquor subject to the following conditions: Brewer taproom licenses may be issued to the holder of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j) as it may amended from time to time and subject to the conditions of this chapter. A brewer’s taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A brewer may have only one taproom li cense and may not have an ownership interest in a brewer licensed under Minn. Stat. § 340A.301, subd. 6(d) as it may be amended from time to time. A brewer taproom license may not be issued to a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Within ten days of issuing a brewer taproom license the city clerk will inform the Commissioner of Public Safety of the licensee’s name, address, trade name and the effective date and expiration date of the license. The city clerk will inform the Commissioner of Public Safety of a license transfer, cancellation, suspension, or revocation during the license period. a. The malt liquor sold on sale for consumption must be produced by the brewer on the licensed premises b. No other beverages containing alcohol may be sold or consumed on the licensed premises c. A brewer may only have one taproom license. (i) A restaurant is not allowed at a brewery with a taproom license. (ii) On-sale of liquor shall be limited to the legal hours for on sale pursuant to Section 3-105 except an establishment that holds a brewer taproom license may sell malt liquor produced by the brewer on the licensed premises on-sale for consumption between the hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays . n. Culinary class limited on-sale intoxicating license. Culinary class limited on-sale intoxicating licenses may be issued to a business establishment not otherwise eligible for an on-sale intoxicating liquor license and that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six ounces of wine or 12 ounces of intoxicating malt li quor, during and as part of the class, for consumption on the licensed premises only. All provisions of this Chapter that apply DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 10 to on-sale intoxicating liquor licenses, other than provisions inconsistent with this section, apply to licenses issued under this section, except that Sec. 3 -61 related to liability insurance shall not apply. o. Micro distillery cocktail room license. A micro distillery cocktail room license may be issued to the holder of a micro distillery license issued under Minn. Stat. § 340A.22. A micro distillery cocktail room license authorizes the on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller subject to the following requirements: (i) The city shall, within ten days of the issuance of a micro distillery cocktail room license inform the Commissioner of Public Safety of the licensee’s name and address and trade name, and the effective date and expiration date of the license. The city shall also inform the commissioner of a license transfer, cancellation, suspension, or revocation during the license period. (ii) No single entity may hold both a micro distillery cocktail room and taproom license, and a cocktail room and taproom may not be co -located. (iii) A restaurant is not allowed at a micro distillery with a cocktail room license. (iv) On-sale of liquor shall be limited to the legal hours for on-sale pursuant to Section 3-105. p. Micro distillery off-sale license. A micro distillery off-sale license may be issued with the approval of the Commissioner of Public Safety to the holder of a state micro distillery license issued under Minn. Stat. § 340A.22 subject to the following requirements: A micro distillery off-sale license subject to the following conditions: (i) The license permits the sale of up to one 375 750 milliliters bottle per customer per day of product manufactured on site. (ii) Off-sale shall be limited to the legal hours for off-sale pursuant to Section 3-105. (iii) No brand may be sold at the micro distillery unless it is available for distribution to by wholesalers. Sec. 3-58. Period of issuance. Each renewal liquor license shall be issued for a maximum period of one year. Temporary licenses shall expire according to the terms of such license as set forth in section 3 -57. Except as otherwise provided in this division chapter, liquor licenses expire at 11:59 p.m. on the last day of February each year. Consumption and display permits expire on March 31 of each year. *** DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 11 Sec. 3-64. Renewal application. a. Applications for the renewal of an existing liquor license shall be made at least 45 days prior to the date of the expiration of the license and shall state that everything in the prior application remains true and correct except as otherwise indicated on the renewal application. b. Renewal applications for an on-sale intoxicating liquor license for a restaurant shall include a certified public accountant's statement showing total sales, food sales, liquor sales and percentage of total sales of the restaurant for the previous year. Sec. 3-65. Investigations. a. At the time of making an initial application, renewal application, or request for approval for a new manager, the applicant shall, in writing, authorize the city police department to investigate all facts set out in the application and perform a personal background and felony criminal background check on the applicant and store manager. The applicant shall further authorize the police department to release information received from such investigation to the city council. b. If the city council denies the applicant's request for a license due to the applicant's prior conviction of a crime, the city council shall notify the applicant of the grounds and reasons for the denial; the applicable complaint and grievance procedure as set forth in M.S.A. § 364.06; the earliest date the applicant may reapply for a liquor license; and that all competent evidence of rehabilitation will be considered upon reapplication. Sec. 3-66. Hearing required for new licenses. A public hearing for the issuance of a license under this division for a new premises, or for a different licensee at the same premises, shall be preceded by at least one week's published notice. A public hearing is not required for temporary license applications. Sec. 3-67. Information considered for license approval. In determining whether a new or renewal license under this division shall be granted, the city council shall consider the following in addition to conformity with state statutes and city ordinances: a. The investigative and staff report submitted by the police department and city clerk. b. Information received through any applicable public hearing process. c. Whether the applicant has or will take affirmative action to minimize public safety problems commonly associated with liquor establishments, including, but not limited to, driving while intoxicated (DWI) drivers, illegal sale to minors, overserving of patrons, or disturbing the peace, etc. d. The license application and any other relevant information. DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 12 Sec. 3-68. Granting and transfer of license; building under construction; zoning requirements met; death of licensee. a. Applicant and premises. A license under this division shall be issued to the applicant only. Each license shall be issued only for the exact rooms and square footage described in the application. A license is valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. Except as otherw ise provided in this article chapter, no license may be transferred to another person or another premises without the approval of the city council. *** Sec. 3-69. Corporations, partnerships, or associations. *** e. Corporations, partnerships, or associations holding a license under this division shall submit written notice to the city clerk of any changes as set forth in this division on or before 30 days prior to the effective date of any such change. Notwithstanding the definition of "interest," as defined in section 3 -323, in the case of a corporation, the licensee shall notify the city clerk when a person not listed in the application acquires an interest that, when combined with that of a spouse, parent, brother, sister or child, exceeds five percent, and shall give all information about such person as is required of a person pursuant to the provisions of this division. Sec. 3-70. Ineligibility. a. No license under this division chapter shall be issued to or held by any person who: i. Is made ineligible by state law. ii. Is under 21 years of age. iii. Is not a citizen of the United States or a resident alien. iii. Has had a liquor license revoked within five years of the license application, or who, at the time of the violation, owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested. iv. Is not of good moral character and repute. v. Has a direct or indirect interest in a manufacturer, brewer, or wholesaler; or vi. Within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution or possession for sale or distribution of an alcoholic beverage, and who cannot show competent evidence under M.S.A. § 364.03 of sufficient rehabilitation and present fitness to perform the duties of a licensee. *** DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 13 Sec. 3-71. Conditions of approval. At the time a license under this chapter is issued or a consumption and display permit is approved, the city council may attach special conditions to the approval of such license or permit based upon the nature of the business, the location of the business and verified complaints, if any, to protect the health, safety, welfare and quietude peacefulness of the city, and ensure harmony with the location where the business is located. Violation of any of the conditions shall be grounds for revocation of the li cense. *** Sec. 3-74. Notice of hearing. Revocation or suspension of a license under this division by the city council shall be preceded by a public hearing conducted in accordance with M.S.A. §§ 14.57--14.70. The city council may appoint a hearing examiner or may conduct a hearing itself. A noti ce of such hearing shall be given to the violator at least 20 days prior to the hearing, and shall include the following: a. Notice of the time and place of the hearing. b. The nature of the charges against the licensee; and c. The penalty that the city may impose for the violation. *** Sec. 3-76. Inactive license. The city council may revoke the intoxicating liquor or 3.2 percent malt liquor license of any establishment granted such license that is not under construction and exhibiting satisfactory progress toward completion of such construction within six months from the issuance of such license, or any establishment that ceases operation for a period of six months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the city council may re voke the license. Sec. 3-77. Posting license. All license holders shall post their liquor license(s) in a conspicuous place that is visible to the public in the licensed establishment. at all times. Secs. 3-78. Presumptive civil penalties a. Purpose. The purpose of this section is to establish a standard by which the city council imposes determines the length of license suspensions and the propriety of revocations penalties for violations of state law or city code related to the sale or service of alcohol and shall apply to all premises by establishments licensed under this chapter. These penalties are presumed to be appropriate and in accordance with the penalties set forth in state law. The council may deviate either upward or downward from the presumptive penalty where if the council finds that there exist substantial reasons making it appropriate to deviate, such as, but not limited to, a licensee’s efforts in combination with the state or city to prevent the sale of alcohol to minors future violations. When deviating from these standards, the council will provide written findings that support the penalty selected. DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 14 b. Presumed penalties for violations. The presumed penalties for violations are as follows (unless specified, numbers below indicate consecutive business days’ suspension): Type of Violation 1st violation 2nd violation within 3 yrs. 3rd violation within 3 yrs. 4th violation within 3 yrs. 1. Commission of a felony related to the licensed activity. Revocation N/A N/A N/A 2. Sale of alcoholic beverages while license is under suspension. Revocation N/A N/A N/A 3. Sale of alcoholic beverages to underage person. $2,000 $2,000 and 1 day $2,000 and 3 days Revocation 4. Sale of alcoholic beverages to obviously intoxicated person. 3 days 6 days 18 days Revocation 5. After hours sale of alcoholic beverages. 3 days 6 days 18 days Revocation 6. After hours display or consumption of alcoholic beverages. 2 days 4 days 12 days Revocation 7. Refusal to allow government inspectors or police admission to inspect premises. 5 days 15 days Revocation N/A 8. Illegal gambling on premises. 3 days 6 days 18 days Revocation 9. Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages. 2 days 4 days 12 days Revocation 10. Sale of intoxicating liquor where only license for 3.2 percent malt liquor 3 days 6 days 18 days Revocation The penalty for violations without a presumptive penalty shall be determined by the city council. c. Multiple violations. At a licensee’s first appearance before the council, the council must act upon all the violations that have been alleged in the notice sent to the licensee. The council in that case must consider the presumptive penalty for each violation as stated in subsection (b) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the council’s discretion. d. Subsequent violations: Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the council, unless the city manager and licensee agree in writing to add the violation to the first appearance. The same procedure applies to the second, third, or fourth appearance before the council. e. Subsequent appearances: Upon a second, third, or fourth appearance before the council by the same licensee, the council must impose the presumptive penalty for the violation DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 15 or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this section. f. Computation of violations: Multiple violations are computed by checking the time period of the three (3) years immediately prior to preceding the date of the most current violation. g. Other penalties: Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, impose a civil fee penalty not to exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this chapter. h. In addition to civil penalties, every licensee that has been found in violation of this chapter must enter into and complete a training program approved by the city’s police department related to the responsible service and sale of alcohol. Secs. 3-79--3-100. Reserved. Division 3. Operation of Retail Establishment *** Sec. 3-102. Compliance checks. a. From time to time, the city shall conduct compliance checks on established licensed premises under this article chapter. Such compliance checks may involve, but are not limited to, engaging underage persons to enter the licensed premises to attempt to purchase alcohol and alcohol-related products. b. If underage persons are used for compliance checks as set forth in subsection (a) of this section, they shall not be guilty of unlawful possession of alcohol when such items are obtained as a part of a compliance check. No underage person used in compliance checks shall attempt to use a false identification misrepresenting such person's age, and all underage persons lawfully engaged in a compliance check shall answer all questions about the person's age asked by the licensee or his their employees and shall produce any identification for which such underage person is asked. Sec. 3-103. Right of inspection. a. Any designated officer of the city displaying proper identification shall have the unqualified right to enter, inspect, and search the premises of any licensee under this article chapter without a warrant, during business hours or when owners, managers , or other employees are located on the licensed premises. The purpose of the inspection must be related to the operations of the licensed establishment under the terms of this chapter. *** DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 16 Sec. 3-104. Responsibility of licensee. a. Orderly conduct. Every licensee under this article chapter shall be responsible for the conduct on the licensee's place of business, including conduct and activity attributable to the business on property owned or controlled by the licensee. Every licensee shall also cooperate with the city in controlling activit y attributable to the business in surrounding areas. b. Acts of employees. The act of any employee in violation of this article chapter on the licensed premises is deemed the act of the licensee as well, and the licensee shall be equally liable with the employee for all penalties provided by this article chapter and other laws. Sec. 3-110. Prohibited conditions. a. Prostitution. No licensee under this article chapter shall knowingly permit the licensed premises or any room in the licensed premises or any adjoining building directly under the licensee's control to be used by prostitutes. b. Controlled substances. No licensee shall knowingly permit the sale, possession, or consumption of controlled substances on the licensed premises in violation of stat e law. c. Gambling prohibited. Gambling and gambling devices are not permitted on licensed premises. State lottery tickets may be purchased and sold within licensed premises as authorized by the director of the state lottery. Except as otherwise provided in M.S. 340A.410, no retail establishment licensed to sell alcoholic beverages may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice or any gambling device as defined in M.S. 349.30, or permit gambling therein. Gambling equipment may be kept or operated and raffles conducted on licensed premises and adjoining rooms when the use of the gambling equipment is authorized by M.S. Chapter 349. Lottery tickets may be purchased and sold within the licensed premises as authorized by the director of the lottery under M.S. Ch. 349A. Dice may be kept and used on licensed premises and adjoining rooms as authorized by M.S. 609.761, subd. 4. d. Interior and exterior bars, grills, mesh, or similar obstructions, whether permanently or temporarily affixed, shall not cover any exterior door or more than ten percent of any individual window or contiguous window area. e. The total area of signs in windows shall not exceed 50% of the total a rea of windows fronting a street. Signs shall not be displayed on doors, and doors shall not be included in the window area for purposes of determining the 50% maximum coverage. d. On-sale intoxicating liquor licenses. No initial license to sell intoxicating liquor at on-sale may be issued where restricted against commercial use through zoning ordinances. e. Off-sale intoxicating liquor licenses. No initial license to sell intoxicating liquor at off -sale may be issued where restricted against commercia l use through zoning ordinances or within 300 feet of a school or place of worship as measured from the property line of the site to receive the proposed license to the property line of the school or place of worship. DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 17 Sec. 3-111. Ownership of equipment. No equipment or fixture in any licensed premises under this article chapter shall be owned in whole or in part by any manufacturer or distiller, except as expressly permitted by state law. *** Section 2. This ordinance shall take effect fifteen days after its passage and publication according to law. First reading February 21, 2023 Second reading March 6, 2023 Date of publication of adopted ordinance March 16, 2023 Date ordinance takes effect March 31, 2023 Reviewed for administration Adopted by the city council March 6, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to Form and Execution: Melissa Kennedy, city clerk Soren Mattick, city attorney DRAFT City council meeting of February 21, 2023 (Item No. 7a) Title: First reading of ordinance amending city code chapter 3 related to alcoholic beverages Page 18 Meeting: City council Meeting date: February 21, 2023 Communications: 8a Official minutes Planning commission July 6, 2022 Members present: Jim Beneke, Matt Eckholm, Jessica Kraft, Michael Salzer, Tom Weber, Jan Youngquist Members absent: Mia Divecha Staff present: Sean Walther, senior planner; Gary Morrison, zoning administrator Guests: Martin Bell 1. Call to order – roll call 2. Approval of minutes – June 15, 2022 Commissioner Salzer made a motion, seconded by Commissioner Eckholm, to approve the minutes as presented. The motion passed 6-0. Commissioner Divecha absent. 3. Hearings - none 4. Other Business 4a. 2220 Florida Ave. S. – plat and conditional use permit Applicant: Martin Bell Case No: 22-15-S, 22-21-CUP Mr. Morrison presented the application. He noted at the May 11, 2022 planning commission meeting, this item was tabled pending resolution to stormwater review comments and additional information being presented for city review. Commissioner Youngquist asked if staff is recommending a covenant be placed on the properties to solidify the parking agreement in case a property is sold in the future. Mr. Morrison stated yes, the city code does require an irrevocable easement be recorded to protect the parking in future. Commissioner Youngquist stated there are 60 parking spaces on the plat and 43 needed for the building on the west side. Will the easement identify specific parking spaces or a blanket easement for any 43 stalls on the site? Mr. Morrison stated it will be a blanket easement to give the applicant some flexibility. Commissioner Weber asked about the stormwater collection and if they are installed regardless of the project going through. Mr. Morrison stated those will be installed as part of a building permit in the future. City council meeting of February 21, 2023 (Item No. 8a) Page 2 Title: Planning commission minutes of July 6, 2022 Commissioner Weber made a motion, seconded by Commissioner Youngquist to approve the combined preliminary and final plat with the following conditions: 1. A financial guarantee be submitted to the city for the construction of the public sidewalks in the form of a cash escrow or irrevocable letter of credit for 1.25 times the estimated cost of improvement. 2. A development agreement be entered into for the construction of the public improvements. 3. A $1000 financial guarantee be submitted to ensure the submittal of a mylar copy of the plat. And to also approve the conditional use permit to allow off-site parking at the property located at Lot 1, Block 1, Bellboy addition for the existing warehouse building located at 2220 Florida Ave. S. with the following conditions: 1. An ADA accessible route shall be installed and maintained from the parking lot to the warehouse. 2. A permanent access and parking easement covering at least 43 parking spaces be recorded on both properties, 2220 Florida Ave S and Lot 1, Block 1, Bellboy Addition. The motion passed 6-0 (Commissioner Divecha absent). 5. Communications – The July 20 planning commission meeting is cancelled. On August 3, two commissioners will be absent and no applications have been received, so it is likely that meeting will be cancelled. 6. Adjournment – 6:27 p.m. ______________________________________ ______________________________________ Sean Walther, liaison Jim Beneke, chair member Meeting: City council Meeting date: February 21, 2023 Communications: 8b Official minutes Planning commission Nov. 16, 2022 Members present: Jim Beneke, Matt Eckholm, Jessica Kraft, Michael Salzer, Tom Weber, Jan Youngquist Members absent: Mia Divecha Staff present: Jacquelyn Kramer, Jennifer Monson 1. Call to order – roll call 2. Approval of minutes – July 6, 2022; Oct. 12, 2022; Oct. 19, 2022 Commissioner Eckholm did not know which set of minutes this was from, but noted he wanted removal of the comment “Commissioner Eckholm stated… in good faith…” Commissioner Youngquist noted in the Oct. 12 minutes there were comments missing that she would like added, “Commissioner Youngquist asked if there are issues with zoning code requirements with densities in the comprehensive plan especially in the light rail station areas.” Commissioner Weber made a motion, seconded by Commissioner Eckholm, to accept all three sets of minutes from July 6, 2022, Oct 12, 2022, and Oct 19, 2022, as amended. The motion passed unanimously. 3. Hearings - none 4. Other Business a. OlyHi (Wooddale Station) development EDA land sale conformance with the comprehensive plan Ms. Monson presented the report. Commissioner Salzer asked if ground will be broken at the site this year. Ms. Monson stated they will not break ground in 2022 and a few more approvals are needed from council before breaking ground in spring of 2023. Commissioner Kraft made a motion, seconded by Commissioner Eckholm to adopt a resolution finding the proposed EDA land sale for OlyHi development to be in conformance with the comprehensive plan of the City of St. Louis Park. The motion passed unanimously as presented. City council meeting of February 21, 2023 (Item No. 8b) Page 2 Title: Planning commission minutes of Nov. 16, 2022 5. Communications Ms. Kramer noted the planning commission recognizes Commissioner Kraft tonight for her years of service and also noted that Katie Merten was appointed to fill the vacancy effective December 1, 2022 Commissioner Weber also thanked Commissioner Kraft for her work as chair in 2020 which was online during covid, noting she did a wonderful job. Ms. Kramer added both December planning commission meetings will be cancelled, and the next meetings will be Jan 4, 2023, and Jan 18, 2023. She added at the Jan 4, 2023, meeting the commission will need to elect new officers– chair and vice chair. Ms. Kramer added there are ongoing conversations in city council related to their systems discussion regarding housing and neighborhood development. These discussions include managing change in residential neighborhoods, housing types and housing barriers. Ms. Kramer explained that after the regular meeting, the planning commission will hold a study session to discuss density bonuses in the MX-1 vertical mixed-use zoning district. 6. Adjournment – 6:11 p.m. Study session 1. Density bonuses in MX-1 vertical mixed-use zoning district Ms. Kramer introduced the topic of potential revisions to the MX-1 district density bonuses. She gave a summary of a recent project, 2625 Louisiana, that was approved in the MX-1 district and utilized density bonuses. Commissioner Youngquist asked about the MX-1 district building height requirements. Ms. Kramer stated the density bonus in the MX-1 district does not allow increases in maximum height. If an applicant sought a height greater than what is allowed in the MX- 1 district, they might be able to apply for a PUD. The development would then have to comply with the inclusionary housing and green policies, and the project would have a public hearing and city council approval. The 2625 Louisiana project applicant stayed within the allowed maximum height of the MX-1 district. Chair Beneke asked about the percentage of the energy uses that the solar array in the 2625 Louisiana project would provide. Ms. Kramer stated she is not sure, but on-site solar arrays sometimes provides energy to the common areas. She stated this project was approved by city council, but the developer has not yet applied for building permits. Commissioner Salzer asked how the developer earns more space through a density bonus but is not able to go up height-wise, while staying within the same footprint. City council meeting of February 21, 2023 (Item No. 8b) Page 3 Title: Planning commission minutes of Nov. 16, 2022 Commissioner Eckholm stated it depends on the floor area ratio, and the site plan’s utilization of the lot. Commissioner Weber stated city staff deals with zoning code revisions like this, so he is fine with staff taking care of this as they are the experts. He is happy to react to a draft zoning ordinance amendment. Commissioner Eckholm agreed, noting the 2625 Louisiana project is an absolute win for the city. Commissioner Kraft asked if there were certain density bonuses that were more confusing or harder to evaluate. Ms. Kramer stated the gathering spaces and bicycle facilities criteria are more subjective and therefore harder to evaluate at an administrative level. Commissioner Eckholm asked if there is anything on landscaping that is negotiable. Commissioner Weber asked if any variances can be approved administratively or do they all go to BOZA. Ms. Kramer stated it’s related to the law, so variances go to BOZA. Commissioner Eckholm stated he has concerns about setting precedents with allowing variances for density bonuses. Commissioner Kraft stated the renewable energy and gathering space criteria need more definition. She added the concern is accessibility and if there is a bonus for a public space, the space must then be public. Commissioner Youngquist stated her concerns are with the community room because it’s internal vs. the features like a community garden -- so that would be difficult for the city to monitor if that is open to the public. Commissioner Eckholm agreed that would be difficult to enforce, so maybe there should be no bonus for a community room. Commissioner Youngquist stated she likes the spirit of the community room, but because it’s internal, it might be difficult to administer. Commissioner Youngquist asked if this is the only district the density bonus is allowed. Mr. Kramer stated yes. There is one other mixed-use district, MX-2, but that district does not contain density bonuses as it is the historic Walker Lake district. Commissioner Weber left the meeting 6:40 p.m. Commissioner Eckholm asked about the language of the ordinance amendment. Ms. Kramer stated it could be written so it would not allow for double dipping with multiple density bonus criteria. Commissioner Youngquist asked about the inclusionary housing policy. A maximum of 6 points may be earned, so how would someone earn 6 points vs. 2 points. Ms. Kramer City council meeting of February 21, 2023 (Item No. 8b) Page 4 Title: Planning commission minutes of Nov. 16, 2022 stated it is not yet defined in the ordinance, so that could be a revision that the commission could discuss. Chair Beneke asked if points could be given for owner occupied tenants. Ms. Kramer stated the inclusionary housing policy has some language on this, but staff would need to research the topic further to determine if and how such a density bonus could be added. Commissioner Eckholm asked how many points are given for inclusionary commercial space. Ms. Kramer stated 4 points. Commissioner Youngquist asked how the fair market rent is determined. Ms. Kramer explained there are some definitions in the density bonus section. Commissioner Eckholm asked if a small bonus could be given for the developer choosing more minority owned contractors. The commission agreed a density bonus should be allowed if the project complies with the city’s Diversity, Equity, and Inclusion policy. Ms. Kramer outlined the need to memorialize what density bonuses are granted, similar to items like the performance guarantees for landscaping, maintenance, and other items required as a condition of approval that go into a planning development contract. Currently, projects approved administratively do not need a planning development contract, and just apply for a building permit. She asked if the commission would like to add a document like the planning development contract as a condition to the density bonuses. Commissioner Eckholm stated that makes sense. Commissioner Kraft agreed it make sense and holds developers accountable for amenities and features. Ms. Kramer summarized the changes the commission would like staff to explore: • Adjusting the criteria for green building policy to allow partial point awards. • Tiering out the inclusionary housing policy criteria and defining how each point is awarded. • Add charts and visuals to make the ordinance more user-friendly. • Explore ways to add a density bonus for affordable home ownership. • Look at expanding the definition for inclusionary commercial. • Add criteria for compliance with the city’s Diversity, Equity, and Inclusion policy. • Revising the gathering spaces definitions. Commissioner Salzer stated points should also be awarded for landscape irrigation. Commissioner Eckholm added for community gardens as well. Ms. Kramer asked if the commission has a preference as to what form the criteria updates should take, such as a zoning ordinance amendment vs. a supplemental guidance document that can be updated separately from the ordinance. City council meeting of February 21, 2023 (Item No. 8b) Page 5 Title: Planning commission minutes of Nov. 16, 2022 Commissioner Eckholm stated a preference for an ordinance amendment; it should be done right the first time along with the larger zoning revisions generated from the zoning audit and so that adding another document would not necessary. Ms. Kramer stated staff will bring this item back to another study session in early 2023. Commissioner Eckholm stated it might be helpful to give density bonuses for 3-bedroom units. Ms. Kramer stated that it has been difficult for developers to fill these units on their own but tying it to the density bonus could incentive building these units in the city. Commissioner Salzer added he would not like to see the 3-bedrooms units already planned for the project get the density points. Commissioner Eckholm stated if a developer has a plan and can add more units that are 3 bedrooms, he would approve of density points. Commissioner Salzer thought developers should get 6 points for meeting all 6 items in the green building policy. Commissioner Kraft added if they achieve all 6 goals but don’t get the 3rd party certification, they should still get the density points. Commissioner Salzer agreed. 2. Adjournment – 7:50 p.m. ______________________________________ ______________________________________ Sean Walther, liaison Jim Beneke, chair member Meeting: City council Meeting date: February 21, 2023 Communications: 8c Official minutes Planning commission study session Oct. 12, 2022 Members present: Jim Beneke, Mia Divecha, Matt Eckholm, Jessica Kraft, Michael Salzer, Tom Weber, Jan Youngquist Members absent: None Staff present: Laura Chamberlain, Gary Morrison, Sean Walther 1. Update on Zoning Code Audit Mr. Miller and Ms. Trapp of HKGi presented the zoning code audit report. Commissioner Divecha asked about what the consultant meant by some procedures being outdated. Mr. Miller stated this refers to code procedural requirements that do not match state statute or are inconsistent with other section of the zoning code or city code. Commissioner Weber asked about the definition of permitted by right. Mr. Miller stated something is administratively allowed and do not need planning commission or city council review and approval. Mr. Walther stated the zoning code lists uses that are permitted, permitted with conditions, or accessory uses that are allowed and approved administratively. A use allowed with a conditional use permit must be reviewed by the planning commission and approved by city council. Commissioner Kraft asked if the content of the code will be changed or if there will just be changes that are more legible and readable with charts. Mr. Miller stated it would involve editing content as well. Commissioner Youngquist asked if there are issues with zoning code requirements with densities in the comprehensive plan especially in the light rail station areas. Mr. Walther stated yes, but that is not clear right now. He noted rules are being made to adapt to certain sites adding the zoning codes now need to meet the comprehensive plan. Commissioner Weber asked if there will be opportunities to make changes. Mr. Walther stated yes and noted the upcoming session on housing also where commissions may want to make changes. Ms. Trapp gave a general overview of the code structure including history of codes and current coding. She explained use-based codes vs. form-based codes as well. Chair Beneke asked what areas have which codes. Ms. Trapp stated each area is not that individualized. She added there are different approaches that can be used depending on what the city decides. City council meeting of February 21, 2023 (Item No. 8c) Page 2 Title: Planning commission study session minutes of Oct. 12, 2022 Mr. Miller added the form-based code of St. Louis Park was proposed as a district within the current code. He noted it has been complex because there are sub-districts. Ms. Trapp discussed the smart code also noting it is based on districts and is a type of form- based code. She also discussed the performance-based code. Commissioner Eckholm asked which type of code Minneapolis falls into. Mr. Miller stated they have a design map and district maps, and a type of form-based district. Ms. Trapp stated the next meeting will discuss housing codes and zoning in St. Louis Park, and where does the city go from here. Commissioner Kraft noted she will be stepping down in November, as she will be moving to Plymouth. She stated she will miss the commission and being involved in the city, adding she has really enjoyed living in St. Louis Park. Mr. Walther stated the council will either appoint an alternate chosen earlier this year to replace Commissioner Kraft or the usual procedure will be followed for replacing a commissioner who steps down. 2. Adjournment – 7:55 p.m. ______________________________________ ______________________________________ Sean Walther, liaison Jim Beneke, chair member Meeting: City council Meeting date: February 21, 2023 Communications: 8d Official minutes Planning commission study session Oct. 19, 2022 Members present: Mia Divecha, Matt Eckholm, Jessica Kraft, Michael Salzer, Tom Weber, Jan Youngquist Members absent: Chair Beneke Staff present: Laura Chamberlain, Senior Planner; Sean Walther, Planning Manager Guests: Jeff Miller, HKGi Mr. Walther noted a few communications items: • A new commissioner will be appointed in November and begin in December. • The next planning commission meetings are scheduled for November 2 and November 16. • The city council has reorganized their study sessions into systems conversations to cover topics. A development neighborhood conversation will be forthcoming soon. 1. Update on zoning code audit Mr. Miller presented the report. Commissioner Salzer asked how the row houses off Hwy. 100 are classified. Mr. Walther stated those are cluster homes and the definition is in the code but it was eliminated from some districts. They are under the multi-family code as they are more than two units. Commissioner Weber asked if neighborhoods such as Bronx Park have no chance for a mixed-density development. Mr. Walther stated that is an existing condition currently, and not proposed. He continued this is more about what exists there today. Commissioner Divecha asked how this is comparable to other cities. Mr. Miller stated this is comparable to Roseville acreage. Commissioner Kraft asked if the AEUs are part of the single-family category. Mr. Walther stated it has been included as single-family and not considered it as a duplex when calculating density. City council meeting of February 21, 2023 (Item No. 8d) Page 2 Title: Planning commission study session minutes of Oct. 19, 2022 Commissioner Youngquist asked if the city overlays the GIS on the neighborhoods with racially restricted covenants. Mr. Walther stated there is a map on the city website which shows this. Commissioner Divecha asked about R1 and R2 districts residential housing. Mr. Miller stated of all residential districts, 36% are designated as R1. He added R2 is the biggest residential district in the city. Commissioner Divecha asked when the zoning was updated. Mr. Walther stated the last time changes happened in 1992. She asked if this was done as the zoning appeared at that time, or as they intended for it to be in the future. Mr. Walther stated the zoning was implemented as it appeared at that time. He added it was trying to preserve the character of what was already there. Commissioner Weber asked if the majority of Bronx Park are not meeting the R2 standards. Mr. Miller stated yes. Commissioner Weber stated this can be rethought of then as something to aspire to. Commissioner Divecha asked if it is a risk if neighborhoods are out of code. Mr. Walther stated the approach historically has been reconfiguring lots and granting variances, so they adhere to the code. Commissioner Weber asked if a zoning code should then be thought of as the city moves forward, and not as it is currently. Mr. Walther stated yes. Mr. Miller added zoning codes can be seen as being more flexible, especially form-based codes. Commissioner Weber asked if his statement was correct – if an R1 district became another district with a 60-foot minimum, would that change anything, or would a massive redevelopment be needed to change everything. Mr. Walther stated yes, however added it might not be a massive redevelopment, but might only mean redeveloping two lots. Commissioner Divecha asked if there is a sense of people not being able to find affordable housing and the impacts here. Mr. Walther stated yes, adding this information can be brought to another meeting showing there is much more demand than supply for affordable housing. Commissioner Kraft asked how the 80-20% is determined. Mr. Walther stated there are areas that can be rezoned or where more density is allowed. He noted there is loose guidance and that is not how it should work, and the district should meet the guidance. City council meeting of February 21, 2023 (Item No. 8d) Page 3 Title: Planning commission study session minutes of Oct. 19, 2022 Commissioner Weber asked if the consultant would continue to work on this or was this only for the audit. Mr. Walther stated this is the end of the current scope with HKGi. He added future study sessions will discuss the process, how much will need to go back to the public, and what does that look like. Mr. Walther stated the city council will also give input to guide this process as well, along with city staff. Commissioner Youngquist stated it would be helpful to see a synopsis of the high-level comprehensive plan goals and strategies as they relate to the zoning audit, also. Mr. Walther asked what the commission needs next. Commissioner Youngquist asked if zoning codes are going away from references to “family” as it makes assumptions about the people vs. the build environment. She stated she would advocate for this change in phrasing. Mr. Miller agreed. Commissioner Eckholm stated these references should now reflect current values in the new code version. He added references to duplexes in R1 and R2 and changes here that reflect more appropriateness. He noted more conversations will be needed on this. Commissioner Divecha noted design and asked what the risk is of being “free for all” and not determining separate zones. Mr. Miller stated it refers to scale and some are house scale districts or some are bigger than that. Some cities go to just one residential district. Commissioner Weber asked how aggressive the city council wants to be on zoning codes, especially as to how it affects neighborhoods. He asked for the council to direct the planning commission on this, which would be helpful. Mr. Walther stated the November 2nd meeting would be cancelled since much of the work was completed at this evening’s meeting. He stated he will take key findings from this meeting and present them to the city council and then bring back feedback to the commission. 2. Adjournment – 7:35 p.m. ______________________________________ ______________________________________ Sean Walther, liaison Jim Beneke, chair member Meeting: City council Meeting date: February 21, 2023 Communications: 8e Official minutes Parks & recreation advisory commission Oct. 19, 2022 Members present: Bruce Cantor, George Foulkes, George Hagemann, Jay Jaffee and Sonya Rippe Members absent: Leah Hollingsworth and Lisa Proulx Staff present: Jason West, Parks and Recreation Director; Mike Bahe, Natural Resources Manager; Jim Lombardi, Recreation Supervisor; Cheyenne Brodeen, Administrative Services Director; Jenna Thies, Natural Resources Intern; and Carrie Mandler, Recording Secretary Guests: Chris Gabler, Fastpitch Association; Patrice Howard and Justin Grays, Community Education 1. Call to order Commissioner Cantor, Acting President, called the meeting to order at 6:04 p.m. 2. Introductions a. Welcome Cheyenne Brodeen, Administrative Services Director (Jason West) Commissioner Cantor requested brief introductions from each meeting attendee. Each attendee stated their position and approximate number of years they have been in their position. Mr. West introduced Ms. Brodeen, Administrative Services Director, who thanked Commissioners for inviting her. She advised she is new in the director role and has only been with the city for one month. She previously worked for the City of Minneapolis in the Neighborhood and Community Relations Department. In her previous position in Minneapolis, she worked with boards and commissions. She also managed the budget, internal services, and many community programs. In her new position in St. Louis Park, she directs finance, human resources, assessing and the city clerk’s office. She advised she has staffed several boards and commissions in the past and the work of commissioners is very familiar to her. She works closely with Radius Guess, Race, Equity and Inclusion Director. In response to a question from Commissioner Cantor, Ms. Brodeen advised the favorite part about her new position is the fast pace. She has the resources she needs to quickly complete tasks and move on to the next. She advised Minneapolis has 67 boards whereas St. Louis Park has 10. She is looking forward to everything that the City of St. Louis Park has to offer. City council meeting of February 21, 2023 (Item No. 8e) Page 2 Title: Park and recreation advisory commission minutes of Oct. 19, 2022 3. Approval of minutes – September 14, 2022 It was moved by Commissioner Rippe, seconded by Commissioner Hagemann, to approve the meeting minutes of September 14, 2022 as presented. The motion passed 5 – 0. 4. Presentation a. Fastpitch Association (Chris Gabler) Commissioner Cantor welcomed Mr. Chris Gabler with the Fastpitch Association. Mr. Gabler advised his background is softball. He has coached fastpitch at Benilde-St. Margaret’s and 9th grade at St. Louis Park. He advised Benilde-St. Margaret’s held their section tournament at Aquila Park. He graciously acknowledged the wonderful gift it is to have two dedicated fastpitch fields in St. Louis Park and would like the Fastpitch Association to host more tournaments. Mr. Gabler compared Aquila Park to Miller Park in quality. Mr. Gabler advised fastpitch has grown by 20% and now have 6U and 8U teams. He also noted a trend toward club fastpitch. Many players move to clubs by the age of 12. He reported St. Louis Park still has enough players to support a 14U and 16U team even though many clubs are forming. He added there are no longer players past age 12 in Edina, so they partner with St. Louis Park to fill teams. He acknowledged the importance of social connections through fastpitch adding that the players will remember their teammates from high school. He noted that the team friendships are formed at the association level. Mr. Gabler advised that when he started coaching in St. Louis Park, there with 22 children. This year they have four teams and are indications the numbers may grow even more. Mr. Gabler advised teams are having success. The more players the association is able to recruit, the more players are able to play at even levels. He commented that coaches are important to the success of the program and added that if a coach is good, the players will come back. Mr. Gabler advised there were 10 tournaments held in Aquila Park last year. One was a 40-team tournament. He noted that the association strives to teach the players to give back. Older girls are taught to reach out to the younger girls. Mr. Gabler advised five families received scholarships last season. He added that tournaments are becoming expensive, and the association is trying to keep the cost down. The association is trying to recruit more children to match the demographics of the community. He advised that the more interest there is in the program, the more the demographics will change. He noted there are many children who live in the Aquila Park area. In the future, Mr. Gabler would like to see the other two fields flipped. He stated it makes sense in many respects, from better field drainage to creating a common City council meeting of February 21, 2023 (Item No. 8e) Page 3 Title: Park and recreation advisory commission minutes of Oct. 19, 2022 gathering area. He mentioned the high school team benefits from the number of players now interested in fastpitch. He advised the fields are well-used and ready for some care, however, over all the entire park is a wonderful facility. In response to a question from Commissioner Cantor about club teams, Mr. Gabler clarified there were fewer club teams in the past, however, currently the numbers are growing. He mentioned clubs will recruit players as low as age 12, especially if a player is a pitcher. Mr. Gabler advised most children want to have fun and play with their friends. The association will work with those players who stay. In response to a question from Commissioner Cantor, Mr. Gabler advised the association is in good shape financially. He added that they are starting to pay some coaches. They also need to invest in the right equipment for the players. He noted that the off-season at the high school runs through March. The association will pay a pitching instructor. In response to a question from Commissioner Rippe regarding club teams, Mr. Gabler advised the club teams are all separate from the Fastpitch Association, adding that players in the association are given coaches for the purpose of teaching, not recruitment. In response to a question from Mr. Lombardi regarding field needs, Mr. Gabler advised they do not need all four fields at Aquila Park adding it would be hard on the adult fields and for the adult program. Mr. Lombardi offered to continue the discussion in the spring. Mr. Gabler thanked Commissioners for the opportunity to speak on behalf of the Fastpitch Association. 5. Business a. Community Education field and gym space discussion (Patrice Howard and Justin Grays) Commissioner Cantor welcomed Patrice Howard, Community Education Director, and Justin Grays, Adult Program Specialist/facility scheduler. Commissioner Cantor opened the discussion by acknowledging that Commissioners continue to hear requests for quality facilities and use of quality space from St. Louis Park sports associations. He indicated Commissioners are hoping to facilitate future discussions and investigate new ways to efficiently streamline and maximize facilities within St. Louis Park to accommodate the increasing and changing needs of the sports associations. Ms. Howard introduced Mr. Grays, who runs the facility rental process. Ms. Howard mentioned she has only been contacted twice for gym space issues. Mr. Grays advised he notifies all the organizations equally of the application process. The sooner the applications get to him, the more likely he can accommodate a group. He uses a three- tier method to organize facility use. The school district is tier one, parks and recreation is tier two, and non-profit organizations outside of St. Louis Park are tier three. Community Education may help sponsor some groups who may not have their own insurance, however, Ms. Howard advised the process is the same and all organizations have the same opportunity to apply. Ms. Howard advised she has not received any feedback that the facilities are not accessible for all. She added community engagement and partnership is the root of community education. The process is fair and accessible. She added that some facilities are currently off-line due to construction. The current City council meeting of February 21, 2023 (Item No. 8e) Page 4 Title: Park and recreation advisory commission minutes of Oct. 19, 2022 gymnastics/community gymnasium is undergoing renovation and one gym will not be available next year due to construction. In response to a question from Commissioner Cantor, Ms. Howard referred to a survey of residents indicating Central Community Center needed renovations. The survey showed that a user-friendly gymnastics space is priority. Voters agreed to renovations of existing spaces, which will include a community gym. She advised 70% voted for the referendum which included several facility improvements. Ms. Howard advised Central Community Center will be off-line from January 2023 through January 2024. The high school and track and field renovations will take place in 2023 and will not be available during the summer. Mr. Grays advised he has observed associations growing larger than they have ever been. He added that some don’t want to practice in the elementary schools. Lenox has a space as well. He advised the girls basketball practice at Susan Lindgren and Park Spanish Immersion, the boys practice at Aquila and Peter Hobart. Commissioner Rippe inquired about the challenges of working with more than one organization and also if groups work together. Mr. Grays advised there is no coordination. He added he would like to figure out a way for all the associations to contact him at the same time. Ms. Howard advised community education meets quarterly and would like to host quarterly meetings with sports associations to share information. Commissioner Rippe agreed communication needs to be a two-way street, adding organizations should be coordinating between each other for the benefit of the children. Spaces should not be held if not in use. Mr. Grays mentioned the girl’s organization has been very cooperative. Commissioner Cantor requested further information about the next user group meeting. Ms. Howard advised a target date is set for early November. Commissioner Cantor acknowledged children are starting younger in more formalized programs. Mr. Grays advised he gives some priority on a first come, first served basis, however, in terms of the association requests, there is space. Mr. West advised Commissioners are working to organize a president’s summit, a platform for all associations to work together. For efficiency, they would like to include members of the school district and city. Ms. Howard advised community education is in the process of reviewing the current facilities manual and they are considering the hiring of building monitors for added security. They currently request groups to bring their own monitor. She advised this new procedure is in the pilot phase and there may be an added fee moving forward. They currently don’t have the funds to cover monitors. Commissioner Jaffe agreed it is a good idea to have a responsible person in the building with the group. In response to a question from Commissioner Cantor, Ms. Howard advised the position qualifications are not clear at this time, however, the person must be at least 18 or older and community education is willing to train the monitor. She added here are other districts that hire monitors. City council meeting of February 21, 2023 (Item No. 8e) Page 5 Title: Park and recreation advisory commission minutes of Oct. 19, 2022 Ms. Howard and Mr. Grays were thanked for their time and information. a. Staff appreciation event recap (Commissioners) Commissioner Cantor thought the appreciation breakfast was well received. Commissioner Hagemann advised he thought the numbers were a little lower than last year. There were ten unclaimed breakfast bags. Mr. West commented it was nice to see staff get out of their cars and visit. Commissioner Cantor inquired if the Commission should continue with the breakfast. The past picnics were briefly discussed but no consensus was made as to whether the picnics or the breakfast is a better fit for staff appreciation. Mr. West advised he heard a lot of very good comments about the breakfast from staff. b. Discuss 2023 commission workplan* (Commissioners) Commissioners viewed the 2023 workplan. Mr. West showed Commissioners the “no idling” signs that will be posted throughout the city and will be listed as a first quarter workplan initiative. Emily Ziring, Sustainability Manager, will present information on the new policy at the January meeting. Mr. West noted the Association President’s Summit is scheduled for the second quarter. Commissioners would like to merge with the school meetings. The school district and commission will need to touch base on this. Commissioner Jaffe advised he would like to see associations work together. He commented that one combined organization makes the most sense. It would create less competition for community resources and attention. Mr. West advised the quarterly meetings will help streamline efficiency. More discussion followed regarding cost differences for various sports. Commissioner Hagemann advised this is a good time to start the conversation. Some organizations with more resources could be asked to share. There are many new and growing sports throughout the state. For the third quarter, Commissioners will provide input on the Webster Park CIP. The lease agreement has been extended to five years, however, Mr. West advised he has been contacting MnDOT regularly hoping to receive an answer if the lease can be expanded 10 to 15 years. The Minnehaha Creek clean-up will continue, however, Commissioner Hagemann suggested moving the date to later in the summer when the spring runoff is not so strong. In addition, the weather might be warmer. More items can be retrieved from the creek when the water is lower which happens, generally, later in the summer. Commissioners considered a school year event as well. More discussion will follow when the workplan is finalized in December. Commissioners agreed to continue monthly invitations to youth organizations. Commissioner Rippe advised she would like to have monthly staff invitations added to the schedule as well. City council meeting of February 21, 2023 (Item No. 8e) Page 6 Title: Park and recreation advisory commission minutes of Oct. 19, 2022 Mr. West advised the city hired a Recreation Superintendent, Nikki Friederich, who is from the Minneapolis Parks & Recreation Board. She has a strong background in community outreach and is very experienced in programming and facilities. She will attend a future meeting. 6. Staff communication a. Natural Resources/Forestry update (Mike Bahe) Commissioners viewed a power point presentation by Mr. Bahe. He began by highlighting a capstone presentation scheduled for December 12 at the Municipal Service Center. He advised the capstone gives the city an opportunity to have University of Minnesota students provide research, conduct surveys, study trends, or advise staff on ordinances that are no longer relevant. He encouraged Commissioners to attend. Mr. Bahe introduced Jenna Thies, Natural Resource Intern. Commissioners viewed more information. Mr. Bahe advised there are currently 20,500 trees in public areas in St. Louis Park, of which, Green Ash is the number one species. Mr. Bahe advised there were 500 trees marked for removal due to Emerald Ash Borer. He added although this can be a hardship for residents, even more harm can come as trees die. He advised the city has a good contract for removal available to residents which helps keep the cost down. The city also provides discounts for homeowners to inject trees for protection. There were 400 trees at Westwood Hills Nature Center and 300 at Bass Lake removed between 2020 and 2022. Mr. Bahe mentioned other trees affected by insects are Oak trees, especially Bur Oaks which are battling the Twolined Chestnut Borer. He acknowledged trees were already stressed over the last couple years due to the effects of drought, causing an increased risk of infestation. Mr. West inquired if other communities in the area provide any resources to residents to help alleviate the cost. Mr. Bahe advised some have programs and others do not. Mr. Bahe advised 75 trees were planted at the Arbor Day celebration at Texa-Tonka Park this spring. He added he is seeking ideas for a new site for next year. He highlighted a new “full-service” option that was added to the yearly tree sale. If residents choose this option, a tree is planted for them. A gravel tree nursery system was also highlighted. He described it as a kind of hydroponic system. Trees are grown over gravel so their roots can spread out without the balling that happens when a tree stays in a pot. Commissioners viewed pictures of volunteer spring and fall tree plantings at Westwood Hills Nature Center. To date, there are a total of 720 trees planted in parks on boulevards and at Westwood Hills Nature Center. Tree shelters were added to keep deer away. Ms. Thies updated Commissioners on the city’s efforts to remove weeds. She advised there is an ordinance that states grass and weeds cannot be taller than six inches. She commented that due to the drought, there were not as many weed notices issued compared to previous years. Ms. Thies advised Garlic Mustard, Japanese Knotweed and City council meeting of February 21, 2023 (Item No. 8e) Page 7 Title: Park and recreation advisory commission minutes of Oct. 19, 2022 Spotted Knapweed are common weeds in St. Louis Park. Japanese Knotweed can grow up to nine feet tall and the roots spread under the soil extending many feet. In response to a question from Mr. Bahe, Ms. Thies advised the weeds are cut, bagged and put in the sun to incinerate all of the pieces. Staff must keep cutting and applying herbicides. Commissioner Rippe commented that a contractor was hired to take care of Japanese Knotweed in Plymouth. In an effort to increase the number of native plants in the yards of residents, Mr. Bahe advised the option to buy native plants was offered to residents this year. The cost was $35 per plat and 200 plats were sold. They were distributed at the same time as the tree sale. He mentioned next year they will distribute them in August. Mr. Bahe noted the city participated in The Mayors Monarch Pledge as another incentive to increase awareness of the needs of native pollinator plants. There are eight levels to follow for the pledge. He advised there is a display garden at the Rec Center. In order to promote native plantings, more signage will be added to pollinator gardens. Mr. Bahe advised more park turf was converted to prairie which will also promote monarch habitat as well as other wildlife. He noted that the city partnered with Great River Greening for buckthorn removal at Louisiana Oaks Park, Westwood Hills Nature Center and Bass Lake Park. He also mentioned applying for a large grant for Bass Lake Park. Commissioners viewed pictures of the Evergreen Award winners. In response to a comment from Commissioner Hagemann, Mr. Bahe advised to contact him with concerns about commercial watering on sidewalks and at inefficient times of the day. In response to concerns from Commissioner Jaffe, Mr. Bahe advised Commissioners to contact him regarding finding a way to obtain permission for a controlled burn. Mr. Bahe concluded with a reminder for Commissioners to attend the capstone event. They will be contacted with more information. b. Adult sports program update (Jim Lombardi) Mr. Lombardi advised pickleball is a very popular sport. He contracted an instructor, Rachel Kroog, to teach the class as she also plays the sport. He advised how originally, he intended to create a pickleball ladder league, however, it changed to a mixer league where participants could continuously play someone different. This format works well for participants to play others with similar skills. Participant ages range from 60’s and 70’s to even 30-year-old players. The softball program supported 132 total teams this season, Mr. Lombardi advised. There were 70 teams in the men’s league, which was the largest summer league to date. Co-Rec ran with 18 teams; the fall league ran with 38 men’s and 6 co-rec reams. Playoffs were offered in the summer but not in the fall due to a higher risk for adverse weather conditions. Mr. Lombardi advised the kickball season wrapped up last week. Indoor volleyball and basketball are contracted. All other leagues are run by city staff. Volleyball uses sand City council meeting of February 21, 2023 (Item No. 8e) Page 8 Title: Park and recreation advisory commission minutes of Oct. 19, 2022 courts at the middle school. He noted there was another group using the middle school to play but it never interfered with the city leagues. Mr. Lombardi advised that the city is currently taking registrations for adult basketball. There are usually around 36 – 48 teams. He mentioned Mr. Grays was helpful in finding space for the program. Broomball will start November 13 at the ROC. The limit for that league is eight teams and it will fill quickly. Teams will play on Sunday nights. In January outdoor broomball will begin. There are usually around 25 teams. In response to a question from Commissioner Foulkes about the basketball leagues, Mr. Lombardi advised games typically have two officials with one scorekeeper. Mr. Lombardi noted there is a new scheduler for outdoor fields. The available hours for baseball and softball work well between the programs. The baseball association has one scheduler for all age groups. Space that is not used will go to outside groups. There was a short discussion about scorekeeper pay. It was noted some cities count and post rebound and assist statistics. Prior to the end of the presentation, Mr. Lombardi mentioned the city hired an umpire who is in a wheelchair and all players like him. Mr. Lombardi was thanked for the presentation. 7. Member Communication Commissioner Jaffee mentioned the StockX Nelson Park basketball court was dedicated recently. Commissioner Cantor advised the nature center is still in need of volunteers for the Halloween party. Other upcoming events were mentioned as well. Commissioner Jaffee highlighted the Be the Light Winter Solstice Walk on December 21, which is designed to bring attention to those who struggle with mental illness or who are going through difficult circumstances. Commissioner Hagemann noted this is his last meeting. He was thanked for his many years of service. He mentioned he will try to send Commissioners updates about FOTA (Friends of the Arts). He also mentioned the annual fundraiser is at REM5 Virtual Reality Laboratory. Mr. West thanked Commissioner Hagemann again for putting his mark on the St. Louis Park community through his service. 8. Adjournment It was moved by Commissioner Hagemann, seconded by Commissioner Jaffee, to adjourn the meeting at 8:28 p.m. The motion passed 5 – 0. Meeting: City council Meeting date: February 21, 2023 Communications: 8f Official minutes Parks & recreation advisory commission Dec. 7, 2022 Members present: Bruce Cantor, Jay Jaffee, Lisa Proulx and Sonya Rippe Members absent: George Foulkes and Leah Hollingsworth Staff present: Jason West, Parks and Recreation Director, Rita Vorpahl, Human Resources Director, Joe Shamla, Engineering Project Manager, Lisa Abernathy, Recreation Supervisor, Carrie Mandler, Recording Secretary Guest: Brian Kelly, Hayley Savat, Eric Buckley, St. Louis Park Lacrosse Association 1. Call to order Commissioner Proulx, vice-chair, called the meeting to order at 6:10 p.m. 2. Roll call 3. Introductions a. Welcome Rita Vorpahl, Human Resources Director (Jason West) Mr. West opened with introductions. Ms. Vorpahl introduced herself as the new St. Louis Park Human Resources Director. She advised she is very new, only having started in the last few weeks. Previously, she worked for Hennepin County. She is a St. Louis Park resident and acknowledged the St. Louis Park Lacrosse Association mentioning she has a first grader attending Park Spanish Immersion who plays lacrosse. Ms. Vorpahl commented how much she appreciates St. Louis Park. During the COVID-19 closures her family visited every park in St. Louis Park. 4. Approval of minutes – October 19, 2022 It was moved by Commissioner Cantor, seconded by Commissioner Jaffee, to approve the meeting minutes of October 19, 2022, as presented. The motion passed 4 – 0. 5. Presentations a. Lacrosse Association (Brian Kelly) Brian Kelly, St. Louis Park Lacrosse Association President, introduced Hayley Savat and Eric Buckley. He advised the structure of the organization is changing and many board members have athletes who are aging out of the program. The new structure will include two committees. Ms. Savat, the current high school varsity assistant coach, will head the girls committee and Mr. Buckley will head the boys committee. Mr. Buckley has coached high City council meeting of February 21, 2023 (Item No. 8f) Page 2 Title: Park and recreation advisory commission minutes of Dec. 7, 2022 school lacrosse in the past, however, there are not enough players currently to field a team, therefore, he is coaching within the association. Mr. Kelly noted the reason for transitioning to two committees is that boys’ and girls’ lacrosse are very different sports with different rules, equipment and lines. Better organization has already begun to develop. Mr. Kelly advised lacrosse is a new sport and COVID-19 closures set the program back. The program is building and rebuilding. He advised they are hoping the younger players will continue on through high school. Mr. Buckley advised the board has made numerous improvements and would like to continue the good work. Commissioner Jaffee requested further detail about the differences between boys’ and girls’ lacrosse. Mr. Buckley advised the boys play with full equipment and the checking rules are different. The pocket of the net is deeper as well. He added that the girls play with more finesse and passing while the boy’s game is played with more physical contact. Commissioner Jaffee inquired if rules are the same in other states. Mr. Buckley responded that USA lacrosse sets the rules throughout the country. He added the committees are making efforts to create more opportunities and make the sport more accessible. Both the boys and girls subsidize other programs and share funds in order for both programs to grow. In response to a question from Commissioner Jaffee, Mr. Buckley advised girls can play with the boys at the youth level. Ms. Savat added that does not happen as often as in hockey or soccer. Mr. Buckley advised each program is trying to build their own sport. Since he has been coaching, Mr. Kelly indicated, the trend for girls is they are more attracted to the girl’s model. Commissioner Jaffee referred to how Iowa basketball has grown and changed to now reflect very similar boys and girls programs. Ms. Savat advised the rules are very complex in lacrosse with the intent of the betterment of the game. Mr. Kelly presented an overview of the values and philosophy of the association. It listed key elements which included: diversity, inclusion, accessibility and respect. Character and mental well-being were also listed. He advised there is a desire for coaches to improve their own skills as well as develop in athletes a lifelong passion for the game. Mr. Kelly advised there were 82 girls and 59 boys who participated in the program this past season. The girls were able to field enough players for 8U, 10U, 12U, and 14U summer teams. There was a gap in the numbers for 10U boys’ players, however, they were able to field teams for the other age groups. He advised the association encouraged multi- dimensional athletes noting players can play and are encouraged to play other sports. Mr. Kelly indicated players move in and out of programs in surrounding communities to gain support for different age groups as needed. He is hopeful the strong 8U program will continue to grow as the players move to higher levels. He advised there were four scholarships awarded last season, which cover the cost of the program. Teams sold fundraiser coupons to address additional needs of the program such as the need for more coaches. In response to a question from Commissioner Jaffee, Mr. Kelly advised program fees are approximately $200. City council meeting of February 21, 2023 (Item No. 8f) Page 3 Title: Park and recreation advisory commission minutes of Dec. 7, 2022 Teams used the ROC in April and the middle school for May through June advised Mr. Kelly. He mentioned the association is grateful to be able to have complete control of the fields. Last summer there was an issue with field irrigation and mentioned school staff are difficult to reach in the summer. In response to a question from Commissioner Cantor, Mr. Kelly advised there are no additional needs at this time and no issues with finding space. Mr. Buckley advised he is very happy with the location. All teams are together building a sense of community within the association. Mr. Kelly advised the church near the middle school allows them to use their shed to store equipment. In response to a question from Commissioner Rippe, Mr. Kelly advised he has been with the association for approximately 10 years. Commissioner Rippe commented that she likes hearing about the boys and girls working together under one umbrella. Commissioner Jaffee added that fundraising works better when combined. Commissioner Rippe commented that the program is easier for families when they can all go to the same field. Mr. West presented the Commissioner’s goal of a president’s summit. He advised Commissioners would like to have all the sports associations together at the same time along with school and parks and recreation staff. Ms. Savat agreed with the idea. Commissioner Cantor advised they are finding a common theme with associations. Most wish to stabilize funding and practice space. He added it is hoped all groups will attend. Mr. Kelly mentioned before COVID-19 closures they would run an after-school program as well. Ms. Proulx suggested they look into that again and mentioned the gym is shared differently now. Mr. Kelly advised they were able to recruit a few more players though the after-school program. Ms. Abernathy advised one of the recreation staff started a lacrosse program this fall. Ms. Savat added they promoted the program for the parks and recreation staff. Mr. Kelly added once children are given the opportunity to try lacrosse, they become interested. The lacrosse association members were thanked by Commissioners. b. Engineering update (Joe Shamla) Joe Shamla, Engineering Project Manager, presented an overview of three main projects. He began with 36th Street and Wooddale Avenue project, which is nearing completion. There were sanitary sewers in need of updating and the bicycle track development was slowed due to private utilities. Landscaping and a few other things remain to be completed in the spring. Mr. Shamla discussed the Minnetonka Boulevard project between Highway 100 and France Avenue. He advised Minnetonka Boulevard is a Hennepin County road, therefore the county will fund two-thirds of the cost. Improvements will include new pavement, upgrade of public utilities, improved intersection safety, improved pedestrian and bicycle paths, and transit enhancements. The county has engaged public awareness since spring of 2021 and have received 600 - 700 comments on the project. City council meeting of February 21, 2023 (Item No. 8f) Page 4 Title: Park and recreation advisory commission minutes of Dec. 7, 2022 Mr. Shamla advised the city council recently approved a preferred concept. Many concepts were considered, however, only two were determined to be acceptable for the corridor. Concept A, showing a boulevard on both sides of the road, was approved. Mr. Shamla added there is a proposed right turn on to Minnetonka Boulevard. Mr. West indicated there will be more green space to maintain with this project. A discussion will follow concerning who will be responsible for green space, pollinators and snow removal. Mr. Shamla advised the extra green space may be a water collection/treatment area. Metro transit is also requesting the removal of some of the bus stops. In response to a question from Commissioner Rippe, Mr. Shamla advised the parking lot pictured shows public parking. In response to a concern from Commissioner Jaffee, Mr. Shamla advised the stoplight will help residents cross the busy intersection. A comment was made to ensure the light is long enough for pedestrians to get across the busy road. Commissioner Rippe suggested an over or under-pass for pedestrians and bicycles. Mr. Shamla will discuss the suggestion with the county. Mr. Shamla indicated the city’s cost for this project is $8,610,000. The county is responsible for the other two-thirds. The total cost for the project is approximately $24,000,000. Final bids will be accepted in 2023 and it will take approximately two years to complete. In response to a question from Mr. West, Mr. Shamla advised the county will be responsible for the detours during construction. Commissioner Rippe advised she would like to see more bicycle paving toward the west of which is scheduled for 2025 per Mr. Shamla. Mr. Shamla presented an overview of the Cedar Lake Road and Louisiana Avenue project. He advised the county has been engaging public awareness and feedback on this project since February 2022. According to a survey of public goals conducted during phase two, improved pedestrian and bicycle access and safety were most important, followed by improved intersection safety and operations. He advised they are currently in phase three of engagements, which will include the presentation of designs. An open house will be held at Westwood Hills Nature Center on December 15. The preferred alternative will be shared at that time. Following the open house, there will be a final design and public hearing at the city council meeting on January 17, 2023. He added that the two projects combined will cost the city approximately $21,000,000. There were no further questions. Mr. Shamla was thanked for his presentation. c. Special event/summer program updates (Lisa Abernathy) Ms. Abernathy updated Commissioners on the December 4th U.G.L.Y. Sweater Dash, which is in its ninth season. There were 216 runner/walkers, of which many make this an annual tradition. The 5K was held at Louisiana Oaks Park. Each participant received a metal, fanny pack and tipped finger gloves. Ms. Abernathy advised that Park Tavern is the main sponsor. Park Tavern allows Parks and Recreation to use the 11th Frame room for post dash festivities and they donate gift cards as well. Discover St. Louis Park and Nordic Ware are also big sponsors. This year, Ragstock and HOTWORX in West End participated in sponsorship and Nothing Bundt Cakes provided Bundtinis® for the post party. Ms. Abernathy mentioned the ambassadors help every year with packets, greeting participants and assistance on the trail. City council meeting of February 21, 2023 (Item No. 8f) Page 5 Title: Park and recreation advisory commission minutes of Dec. 7, 2022 Mr. West advised Ms. Abernathy promotes the dash as a family event which creates an ongoing niche. Sunday evening is a good time for families. Ms. Abernathy advised the summer playground program had many participants during the COVID-19 challenges and numbers remained high this season as well. Registration by the week was well attended and programs were very full, with the exception of the Nelson Park preschool. This season she worked with a new summer coordinator, Rachel Salzer, and hopes she comes back next summer. Ms. Abernathy advised Adventure Camp at the Rec Center is very popular. The program was full with another 56 participants on the waiting list. Commissioner Proulx mentioned the school summer program closes during the last two weeks of summer and mentioned Community Education may be a great resource for additional staff. Commissioner Cantor inquired if the program can be expanded. Ms. Abernathy mentioned a program could be run from the Louisiana Oaks Park site as well as the Rec Center, however, the camps will be very different. Louisiana Oaks Park will need more off-site transportation which would require a cost increase. Ms. Abernathy advised Music Together, STEM, and dance camps were well attended. She will need to hire a new dance instructor for the next season. Safety Camp was very well received as well. This camp is only offered every other summer to alleviate Police and Fire staffing needs. The next safety camp is in 2024. In response to a question from Commissioner Jaffee, Ms. Abernathy advised there is coordination between summer recreation camps and Westwood Hills Nature Center camps. A summer naturalist is hired by the Parks and Recreation Department and supported by Westwood Hills Nature Center. She advised the Westwood Hills Nature Center playground site was highly used in the past; however, participant numbers were low this past summer, so the program did not run at that site. 6. Business a. Finalize 2023 commission workplan (Commissioners) Mr. West touched on each of the Commission’s initiatives in the 2023 workplan. • 1st quarter, idling policy and implementation. Mr. West advised Emily Ziring, Sustainability Manager, will be at the January meeting to give an update. • 2nd quarter, Association Presidential Summit. Commissioners agreed that the Association Presidential Summit will continue to be a priority and work with Community Education to conduct a joint summit. City council meeting of February 21, 2023 (Item No. 8f) Page 6 Title: Park and recreation advisory commission minutes of Dec. 7, 2022 • 2nd quarter, Minnehaha Creek Clean-up. After a short discussion, Commissioners agreed to move the Commission sponsored Minnehaha Creek clean-up to the fall (third quarter) in hopes that the water levels will be lower and there will be an increased ability to tap into school and other group resources for a clean-up. Commissioner Jaffee commented that there will most likely be trash accumulating throughout the summer making fall a good choice for the clean-up. Commissioners added there may be individual groups interested in participating in the spring clean-up, which would create opportunities to cover both seasons, especially with Earth Day occurring in the spring. • 3rd quarter, review and provide input on Webster Park master plan process. Mr. West advised after several attempts, he has a meeting with the Minnesota Department of Transportation scheduled for December 19. There is $490,000 budgeted in the CIP for Webster Park. Before committing the funding, St. Louis Park will need a 12 – 15 year commitment from MnDOT as opposed to the typical 5-year commitment given by MnDOT. Commissioners agreed to continue with these discussions. • 3rd quarter, host annual staff appreciation event. Commissioners will continue the staff appreciation event. • Monthly, invite youth associations and other community groups to discuss opportunities and successes monthly. Commissioners agreed to continue inviting youth associations, other community groups and City of St. Louis Park staff to present at Commission meetings. • As needed, encourage commissioners to volunteer at special events or and other opportunities that arise. Commissioners agreed. It was moved by Commissioner Jaffee, seconded by Commissioner Rippe to accept the 2023 Commission Work Plan and Initiatives as amended. The motion passed 4 – 0. In response to a request from Commissioner Jaffee, Mr. West advised the Commission that Mr. Bahe, Natural Resources manager, is on the agenda for spring and fall meetings in 2023. b. Election of Officials (Commissioners) Mr. West advised that Commissioner Foulkes will be leaving in May. Commissioner Hagemann and Commissioner Foulkes are school district appointments. He would also like to find a student representative as well. Any possible names should be directed to Mr. West. Mr. Cantor has the name of a person who might be interested in filling one of the open spots. After a short discussion Commissioner Rippe offered to chair and Commissioner Jaffee offered to vice-chair the Parks and Recreation Advisory Commission in 2023. City council meeting of February 21, 2023 (Item No. 8f) Page 7 Title: Park and recreation advisory commission minutes of Dec. 7, 2022 7. Staff communication Mr. West advised he received an e-mail from Mr. Bahe requesting Commissioners to attend the U of M capstone project on Monday, December 12. Commissioner Rippe and Commissioner Cantor confirmed they will attend. Commissioner Jaffee and Commissioner Proulx advised they will try, however, cannot confirm they can make it to the presentation. Mr. West noted other upcoming events: • Tuesday, December 13 the Holiday Train is stopping near the high school in St. Louis Park at 6 p.m. The purpose of the train is to raise money for food shelves. • Parks and Recreation is partnering with Community Education for a National Day of Racial Healing program which will be held on Martin Luther King Day, Monday, January 16 from 4 – 7 p.m. at Westwood Hills Nature Center. The program will include small break-out discussions. • The popular gnome hunt is back again in January. • Black History month is February. • The winter brochure was mailed in November and registration began November 16. • Be the Light Winter Solstice Walk is December 21. • Future Commission meetings are listed on the agenda. 8. Member communication Commissioner Jaffe advised he is unable to attend the February meeting. 9. Adjournment It was moved by Commissioner Cantor, seconded by Commissioner Rippe, to adjourn the meeting at 8:10 p.m. The motion passed 4 – 0. Respectfully Submitted, Carrie Mandler Recording Secretary