Loading...
HomeMy WebLinkAbout2023/06/05 - ADMIN - Agenda Packets - City Council - RegularAGENDA JUNE 5, 2023 The St. Louis Park City Council is meeting in person at St. Louis Park City Hall, 5005 Minnetonka Blvd. in the council chambers located on 3rd floor. Members of the public can attend the meeting in person, watch by web stream at bit.ly/watchslpcouncil, or watch on local cable (Comcast SD channel 17/HD channel 859). You can provide comments on agenda items for the regular EDA or city council meetings in person or by emailing your comments to info@stlouispark mn.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 provi ding copies for their review at the meeting. Public comments are generally not taken during study sessions. Recordings of city council meetings 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. 6:15 p.m. Economic Development Authority meeting 1.Call to order. a.Roll call. 2.Approve agenda. 3.Minutes. a.EDA meeting minutes of May 15, 2023. 4.Consent items. a.Resolution approving first amendment to the redevelopment contract with PPL Union Park Community Limited Partnership/Project for Pride in Living in connection with the Union Park Flats development - ward 2 5.Public hearings a.Sale of property to Sherman Associates, Inc. - CANCELLED b.Proposed business subsidy to Beltline Mixed Use LLC - CANCELLED NOTE: The public hearings listed above have been cancelled. They are identified on the agenda because they were formally noticed and to notify interested parties of the cancellation. No comment or action on these items will take place at this meeting. 6.Regular business a.Consider resolution approving second amendment to purchase agreement, second amendment to redevelopment contract and amendments to loan documents for Beltline Development LLC – ward 1 7.Communications and announcements. 8.Adjournment. Agenda EDA/city council meeting of June 5, 2023 6:30 p.m. City council meeting 1.Call to order a.Roll call. b.Pledge of Allegiance. 2.Approve agenda. 3.Presentations. a.Minnesota Recreation and Park Association Awards of Excellence b. Recognition of Recreation Supervisor Nathan Rosa’s years of service c.St. Louis Park Police department recognition of 2022 officer of the year d.St. Louis Park Police department recognition of 2022 civilian employee of the year e.Proclamation celebrating 20th anniversary of Wat Promwachirayan f.Proclamation honoring June as Pride month g.Recognition of donations 4.Minutes. a.City council study session minutes of April 24, 2023 b.City council study session minutes of May 8, 2023 5.Consent items – business that generally does not require discussion or separate action. Consent items are acted upon by one motion. If a 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. a.Ordinance amending city code chapter 36, section 268-PUD 4 to reduce the amount of required parking for AC Hotel by Marriott b.Ordinance amending city code chapter 12, article IV, section 124(c) to adjust allowable hours for construction c.Ordinance amending city code chapter 8, section 334 related to tenant protection d.Resolution approving first amendment to redevelopment contract – Union Park Flats e.Resolution approving second amendment to redevelopment contract – Beltline Development LLC f.Resolution authorizing special assessment for sewer service line repair at 6625 Minnetonka Boulevard g.Resolution authorizing special assessment for sewer service line repair at 3100 Maryland Ave. S. h.Resolution accepting donations for Westwood Hills Nature Center i.Resolution accepting donations for Ecotacular festival j.Approve replacement of street sweeper (unit 1520) k.Resolution approving the final plans and specifications and authorizing bidding documents for Dakota Park infrastructure improvements (project no. 2122-1806) l.Approve Union Park Flats plat time extension 6.Public hearings – none. 7.Regular business – none. 8.Communications and announcements. 9.Adjournment. Agenda EDA/city council meeting of June 5, 2023 Immediately following city council meeting – special study session Discussion items 1. 60 min. Enhanced TIF 101 2. 30 min. Discuss yard waste proposals 3. 10 min. Consider study session topic proposal 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. If you need special accommodations or have questions about the meeting, please call 952.924.2505. Meeting: Economic development authority Meeting date: June 5, 2023 Minutes: 3a Unofficial minutes EDA meeting St. Louis Park, Minnesota May 15, 2023 1. Call to order. President Mohamed called the meeting to order at 6:20 p.m. a. Roll call. Commissioners present: President Nadia Mohamed, Tim Brausen, Sue Budd, Lynette Dumalag, Yolanda Farris, Margaret Rog, and Jake Spano Commissioners absent: none. Staff present: City manager (Ms. Keller), city attorney (Mr. Mattick), city clerk (Ms. Kennedy), executive director (Ms. Barton) 2. Approve agenda. It was moved by Commissioner Rog, seconded by Commissioner Brausen to approve the EDA agenda as presented. The motion passed 7-0. 3. Minutes. a. EDA meeting minutes of May 1, 2023 It was moved by Commissioner Rog, seconded by Commissioner Spano, to approve the EDA meeting minutes of May 1, 2023, as presented. The motion passed 7-0. 4. Consent items. a. Approval of EDA disbursement claims for the period ending April 21, 2023. It was moved by Commissioner Brausen, seconded by Commissioner Dumalag, to approve the EDA disbursement claims for the period ending April 21, 2023. The motion passed 7-0. 5. Public hearings – none. Page 2 Economic Development Authority meeting of June 5, 2023 (Item No. 3a) Title: EDA meeting minutes of May 15, 2023 6.Regular business – none. 7.Communications and announcements – none. 8.Adjournment. The meeting adjourned at 6:25 p.m. ______________________________________ ______________________________________ Melissa Kennedy, secretary Nadia Mohamed, president Meeting: Economic development authority Meeting date: June 5, 2023 Consent agenda item: 4a Executive summary Title: First amendment to redevelopment contract - Union Park Flats - ward 2 Recommended action: Motion to adopt resolution approving the first amendment to the redevelopment contract with PPL Union Park Community Limited Partnership/Project for Pride in Living (PPL) in connection with the Union Park Flats development extending the deferred loan term. Policy consideration: Does the EDA wish to approve the first amendment to the redevelopment contract with Project for Pride in Living (PPL) to facilitate the proposed Union Park Flats development? Summary: On May 1, 2023, the EDA and city council approved a contract for private development with PPL Union Park Community Limited Partnership/Project for Pride in Living (PPL) in connection with its Union Park Flats development. Under the contract, the EDA and city council agreed to provide PPL with one deferred loan of $450,000 to help facilitate the development. PPL agreed to pay the deferred loan upon sale, refinance, or re-syndication of the project, or within 40 years, whichever is earliest. Minnesota Housing Finance Agency (MHFA) is providing permanent financing for the development, which will not be in place until 2025. PPL is requesting the term be extended to 42 years to match the repayment timeline of MHFA’s loan. Staff recommends adoption of the resolution to amend the redevelopment contract. Financial or budget considerations: All costs associated with the amendment are to be paid by PPL. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Prepared by: Jennifer Monson, redevelopment administrator Reviewed by: Greg Hunt, economic development manager Karen Barton, community development director, EDA executive director Approved by: Kim Keller, city manager Economic development authority meeting of June 5, 2023 (Item No. 4a) Page 2 Title: First amendment to redevelopment contract - Union Park Flats - ward 2 EDA Resolution No. 23-_____________ Resolution approving a revision to the contract for private development with PPL Union Park Community Limited Partnership and taking other actions in connection therewith Be it resolved by the board of commissioners (“board”) of the St. Louis Park Economic Development Authority (“authority”) as follows: Section 1. Recitals. 1.01. To facilitate the development of certain property within the City of St. Louis Park, Minnesota (“city”), the authority, the city, PPL Union Park Community Limited Partnership, a Minnesota limited partnership, or another entity affiliated with or related to Project for Pride in Living, a Minnesota nonprofit corporation (“developer”), and PPL SLP LLC, a Minnesota limited liability company and the general partner of the developer (“general partner”), approved by resolution on May 1, 2023, a contract for private development (“agreement”) which provides for the construction by the developer of 60 units of multifamily rental housing, approximately 70 underground parking stalls, and approximately 9 surface parking stalls (“minimum improvements”) on certain property legally described therein (“development property”). 1.02. Pursuant to the agreement, the authority and the city have agreed that the city shall make a deferred loan from the city’s Affordable Housing Trust Fund to the developer in the principal amount of $450,000 (“AHTF deferred loan”) to assist with the costs of the minimum improvements. 1.03. The developer has requested that the maturity date of the AHTF deferred loan be revised to be 42 years from the date of closing on their senior financing (anticipated to be no later than December 31, 2065) (“maturity date”). 1.04. The authority will agree to subordinate the AHTF deferred loan and other loans as detailed in the agreement pursuant to the terms and conditions set forth in a subordination agreement to be considered by the board on a future date. Section 2. Agreement. 2.01. The board hereby approves the agreement with the revised maturity date in substantially the form presented to the board, together with any related documents necessary in connection therewith, including without limitation a disbursing agreement and all documents, exhibits, certifications, or consents referenced in or attached to the agreement including without limitation the declaration of restrictive covenants (collectively, “development documents”). 2.02. The board hereby authorizes the president and executive director, in their discretion and at such time, if any, as they may deem appropriate, to execute the development documents on behalf of the authority, and to carry out, on behalf of the authority, the authority’s obligations thereunder when all conditions precedent thereto have been satisfied. The Economic development authority meeting of June 5, 2023 (Item No. 4a) Page 3 Title: First amendment to redevelopment contract - Union Park Flats - ward 2 development documents shall be in substantially the forms on file with the authority and the approval hereby given to the development documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the authority and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the authority. The execution of any instrument by the appropriate officers of the authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the development documents shall not be effective until the date of execution thereof as provided herein. 2.03. In the event of absence or disability of the officers, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the board by any duly designated acting official, or by such other officer or officers of the board as, in the opinion of the city attorney, may act in their behalf. Upon execution and delivery of the development documents, the officers and employees of the board are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the board to implement the development documents. Section 3. Effective date. This resolution shall be effective upon approval. Reviewed for administration: Adopted by the Economic Development Authority June 5, 2023 Karen Barton, executive director Nadia Mohamed, president Attest Melissa Kennedy, secretary Meeting: Economic development authority Meeting date: June 5, 2023 Action agenda item: 6a Executive summary Title: Contract extensions to the purchase agreement, affordable redevelopment contract, and bridge loan documents with Beltline Development LLC - ward 1 Recommended action: Motion to adopt resolution approving a second amendment to the purchase agreement, second amendment to the redevelopment contract and fifth amendment to associated bridge loan documents related to the Beltline Station development. Policy consideration: Does the EDA wish to approve the proposed contract extensions to the purchase agreement, affordable redevelopment contract, and bridge loan documents with Beltline Development LLC (an affiliate of Sherman Associates) requested by the developer? Summary: In June 2022, the EDA entered into a purchase agreement with Beltline Station LLC to sell property at the southeast corner of CSAH 25 and Beltline Boulevard and a redevelopment contract to facilitate the affordable component of the larger Beltline Boulevard Station development. In December 2022, the EDA approved an extension to the purchase agreement requiring the developer purchase the property by June 30, 2023. EDA staff, the developer, the Metropolitan Council, Ehlers (the EDA’s financial consultant), and associated legal counsels have been working diligently on all contracts related to the development and the public park and ride stalls, including a public construction contract for the ramp and related bidding document. Due to the publicly funded nature of the park and ride stalls, the construction contract for the ramp needs to receive Federal Transit Administration (FTA), Met Council, and EDA approval prior to putting the contract out to bid. The review of these documents is nearly complete, at which point the ramp can be bid. This process is anticipated to take 2-3 months to complete. To minimize financial risk, the Sherman board of directors recently informed staff that it is unwilling to complete financial closings on the development’s market rate components until final construction pricing of the ramp is known and the contract is awarded. As a result, Sherman Associates requests extensions to its various contracts with the EDA to no later than September 15, 2023. Staff, Kennedy & Graven (the EDA’s legal counsel), and Ehlers recommend approval of the various contract extensions. Financial or budget considerations: To enable the $142 million, transit-oriented development to be financially feasible and secure private financing, staff will be bringing a recommendation of approximately $18.47 million in total financial assistance (including a $3 million land price reduction) to be provided to facilitate all components of the Beltline Station development to a future EDA meeting. This assistance includes a variety of sources, some of which could be recouped by the EDA. A detailed explanation was provided via a May 15, 2023 report. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion; EDA resolution Prepared by: Jennifer Monson, redevelopment administrator Reviewed by: Greg Hunt, economic development manager Karen Barton, community development director, EDA executive director Approved by: Kim Keller, city manager Economic development authority meeting of June 5, 2023 (Item No. 6a) Page 2 Title: Contract extensions to the purchase agreement, affordable redevelopment contract, and bridge loan documents with Beltline Development LLC - ward 1 Discussion Background: In November 2014, the council approved a resolution authorizing submittal of a federal Congestion Mitigation Air Quality (CMAQ) grant for a structured parking ramp to be located immediately north of the SWLRT Beltline Blvd Station platform in lieu of a large parking lot. The EDA was subsequently awarded a $6.4 million grant through the Federal Transit Administration’s (FTA) CMAQ program that is regionally administered by the Metropolitan Council. The federal funding requires all ramp construction documents and building plans be reviewed by the EDA, Met Council, and FTA prior to the public bid process. The review of these documents is nearly complete, and once approved, bids for the ramp’s construction contract can be publicly solicited. This process is expected take 2-3 months to complete. In January 2022, Sherman Associates received a tax-exempt bond allocation of $13.7 million from Minnesota Management and Budget (MMB) to help finance the development’s all - affordable housing component. This bond allocation comes along with federal Low Income Housing Tax Credits (LIHTC) which will provide an estimated $7.98 million in equity for the project. Together, the sources are providing approximately 86% of the funding for the all - affordable building. The developer closed on the bond allocation financing in June 2022, locking in their interest rate and loan terms. The EDA intends to sell the developer property at the southeast corner of Beltline Boulevard and Highway 7 for the development and approved a purchase agreement in June 2022 and amended in December 2022 requiring the developer to purchase the property prior to June 30, 2023. This deadline corresponded with the bondholder’s deadline, requiring construction commencement within one year. Present considerations: Sherman Associates is contributing significant owner and private equity to the major development. To minimize financial risk, the Sherman board of directors recently informed staff that it is unwilling to complete financial closings on the development’s market rate components until final construction pricing of the ramp is known and the contract is awarded. As a result, Sherman Associates requests an extension to the purchase agreement to require property closing to occur no later than September 15, 2023. It also requests a second amendment to the redevelopment contract for the affordable housing component to extend construction commencement from July 13, 2023 to September 15, 2023. Likewise, it requests a fifth amendment to the bridge loan documents extending them to September 15, 2023. Sherman Associates has worked with the bond holders for the affordable component to allow for this additional extension. Next steps: EDA staff will review and finalize the construction contract and related documents for the ramp. All other documents related to the Beltline Station development are nearing their final drafts and will be brought to the EDA and city council for consideration prior to September 15, 2023. Economic development authority meeting of June 5, 2023 (Item No. 6a) Page 3 Title: Contract extensions to the purchase agreement, affordable redevelopment contract, and bridge loan documents with Beltline Development LLC - ward 1 EDA Resolution No. 23 - _______ Resolution approving second amendment to purchase agreement, second amendment to contract for private development and amendments to loan documents Be it resolved by the Board of Commissioners (the “board”) of the St. Louis Park Economic Development Authority (the “authority”) as follows: Section 1. Recitals; authorization. (a) The authority and city council of the City of St. Louis Park, Minnesota (the “city”) have heretofore approved the establishment of the Beltline Station Tax Increment Financing District No. 1 (the “TIF District No. 1”), a housing district, and Beltline Station Tax Increment Financing District No. 2 (the “TIF District No. 2” and together with TIF District No. 1, the “TIF districts”), a renewal and renovation district, within redevelopment project No. 1 (the “project”). (b) The city, the authority, and Beltline Development LLC, or an entity related thereto or affiliated therewith (the “developer”) each own portions of certain property within the project, which has been the subject of certain preliminary negotiations between the parties for purposes of constructing a mixed-use (multi-family residential and commercial) development and related parking, including a parking ramp serving in part as a park and ride facility for Metro Transit’s proposed Southwest Light Rail Transit Beltline station on certain property in the project (the “development”). (c) The city, the authority, and the developer executed a preliminary development agreement, dated February 5, 2018, a first amendment to the agreement, dated June 17, 2019 a second amendment to agreement, dated June 15, 2020, and a third amendment to agreement, dated June 21, 2021 as amended by providing for the performance of certain activities on the part of the parties in preparation for the negotiation of a definitive contract relating to development (together, the “preliminary agreement”). (d) Pursuant to the preliminary agreement, the developer acquired a portion of the property for the development (the “Vision Bank parcel”) from a third party, and the authority financed a portion of the acquisition cost of the Vision Bank parcel pursuant to a loan agreement between the authority and developer dated as of April 1, 2019 (the “loan agreement”), pursuant to which the authority loaned $3,100,000 (the “EDA loan”) to the developer to finance such acquisition as evidenced by a promissory note (the “note”) and secured by a mortgage on the Vision Bank parcel (the “mortgage”). (e) The authority and the developer have been working towards negotiating final development documents for the development as contemplated by the preliminary agreement. Economic development authority meeting of June 5, 2023 (Item No. 6a) Page 4 Title: Contract extensions to the purchase agreement, affordable redevelopment contract, and bridge loan documents with Beltline Development LLC - ward 1 (f) The authority and developer have amended the loan agreement relating to the EDA Loan four times to extend the repayment date in the form of a first amendment to loan agreement, second loan amendment to loan agreement, third loan amendment to loan agreement and fourth amendment to loan agreement. In addition, developer executed the first amended mortgage, the second amended mortgage, the third amended mortgage, a fourth amended mortgage, a first amended promissory note, a second amended promissory note, a third amended promissory note, and a fourth amended promissory note. (g) The authority owns certain parcels located in the city and legally described in exhibit A attached hereto (the “development property”) and is prepared to convey all or a portion of the authority parcels to the developer for the development. (i) To facilitate the development, the authority and beltline development entered into a purchase agreement, dated July 7, 2022, as amended by a first amendment to purchase agreement, dated December 5, 2022 (as heretofore amended, the “original purchase agreement”), which provides for the conveyance of all or portion of the development property to the Beltline Development Entities, provided that following closing on the conveyance and replatting of the development property certain rights of way will be owned by the city. (j) On July 7, 2022, the authority and Beltline Station Limited Partnership, a Minnesota limited partnership, and an entity affiliated with or related to the developer, have entered into a contract for private development, as amended by the first amendment to contract for private development, dated March 31, 2023 (collectively, the “affordable contract for private development”) relating to a portion of the development consisting of a portion of construction of approximately 82 units of affordable multifamily rental housing together with approximately 59 underground parking spaces a portion of the city and authority parcels (the “affordable minimum improvements”). The authority, the Metropolitan Council, and the developer continue to work towards the delivery of a final contract for private development and other documents relating to the construction of the remainder of the development and the parking ramp that will serve the development and as a park and ride facility for Metro Transit’s proposed Southwest Light Rail Transit Beltline station. (k) The authority and the developer have been working towards negotiating final development documents for the development and due to changing market conditions, the developer has requested that the authority agree to extend certain deadlines in the documents to provide the developer, the Metropolitan Council and the authority more time to negotiate final documents relating to the development. (l) To that end, the authority, the city, and the developer have negotiated a second amendment to contract for private development (the “second amendment to affordable contract for private development”), a form of which is on file with the board, which amends the affordable contract for private development to extend the dates of commencement of construction of the affordable minimum improvements. Economic development authority meeting of June 5, 2023 (Item No. 6a) Page 5 Title: Contract extensions to the purchase agreement, affordable redevelopment contract, and bridge loan documents with Beltline Development LLC - ward 1 (m) Additionally, the authority and developer have negotiated and now propose to execute a second amendment to purchase agreement (together, the “second amendment to purchase agreement”) to extend certain deadlines set forth in the purchase agreement. (n) Additionally, the authority and developer have negotiated and now propose to execute a fifth amendment to the loan agreement, a fifth amended promissory note, and a fifth amended mortgage (together, the “loan amendment documents”) to further extend the deadline for the repayment of the EDA Loan. (o) The board has reviewed the loan amendment documents, the second amendment to purchase agreement, and the second amendment to affordable contract for private development, including an amended and restated assessment agreement and finds that the execution thereof and performance of the authority’s obligations thereunder are in the best interest of the city and its residents. Section 2. Approval of second amendment purchase agreement, second amendment to affordable contract for private development, and loan amendment documents. (a) The board approves the second amendment to purchase agreement, second amendment to affordable contract for private development and the loan document amendments in substantially the forms presented to the board, together with any related documents necessary in connection therewith, including without limitation all documents, exhibits, certifications, or consents referenced in or attached to the second amendment to purchase agreement, second amendment to affordable contract for private development, and the EDA loan documents including without limitation the quit claim deeds and any documents required by the title company relating to the conveyance of development property (the “documents”). (b) The board hereby authorizes the president and executive director, in their discretion and at such time, if any, as they may deem appropriate, to execute the documents on behalf of the authority, and to carry out, on behalf of the authority, the authority’s obligations thereunder when all conditions precedent thereto have been satisfied. The documents shall be in substantially the form on file with the authority and the approval hereby given to the documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the authority and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the authority. The execution of any instrument by the appropriate officers of the authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the documents shall not be effective until the date of execution thereof as provided herein. (c) In the event of absence or disability of the officers, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the board by any duly designated acting official, or by such other officer or officers of the board as, in the opinion of the city attorney, may act in their behalf. Upon Economic development authority meeting of June 5, 2023 (Item No. 6a) Page 6 Title: Contract extensions to the purchase agreement, affordable redevelopment contract, and bridge loan documents with Beltline Development LLC - ward 1 execution and delivery of the documents, the officers and employees of the board are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the board to implement the documents. Section 3. Effective date. This resolution shall be effective upon approval. Reviewed for administration: Adopted by the Economic Development Authority June 5, 2023 Karen Barton, executive director Nadia Mohamed, president Attest Melissa Kennedy, secretary Economic development authority meeting of June 5, 2023 (Item No. 6a) Page 7 Title: Contract extensions to the purchase agreement, affordable redevelopment contract, and bridge loan documents with Beltline Development LLC - ward 1 Exhibit A Legal description The property located within the City of St. Louis Park, Hennepin County, Minnesota legally described as follows: Lot 17, Block 1, Lewiston Park, Hennepin Co. Minn. And Lot 1, 2, 3, 4, 13, 14, 15 and 16, Block 1, Lewiston Park, Hennepin Co. Minn., except that part of said Lots described as follows: Commencing at the Southeast corner of said Lot 4; thence Westerly along the South line of said Lot 4, a distance of 6.00 feet to the point of beginning of the tract of l and to be described; thence North 00 degrees 19 minutes 53 seconds East, assumed bearing, parallel with the East line of Lots 5 and 6, said Block 1, a distance of 114.27 feet; thence Northwesterly along a tangential curve to the left having a radius of 15.00 feet and a central angle of 61 degrees 46 minutes 23 seconds, a distance of 16.17 feet; thence North 61 degrees 26 minutes 30 seconds West, tangent to said curve, a distance of 40.60 feet; thence Westerly along a tangential curve to the left, having a radius of 24.00 feet and a central angle of 76 degrees 35 minutes 00 seconds, a distance of 32.08 feet; thence Southwesterly along a reverse curve to the right, having a radius of 361.58 feet and a central angle of 26 degrees 53 minutes 32 seconds, a distance 169.71 feet; thence South 43 degrees 00 minutes 19 seconds, West, not tangent to said curve, a distance of 71.07 feet to the intersection with a line distant 46.00 feet Easterly of as measured at a right angle to and parallel with hereinafter described “Line A”; thence Southerly along said parallel line, a distance of 26.00 feet to the South line of said Lot 13; thence Easterly along said South line and the easterly extension thereof, a distance of 128.10 feet to the centerline of alley; thence Northerly along the centerline of said Alley, a distance of 32.65 feet to the intersection with the westerly extension of the South line of said Lot 4; thence Easterly along said Westerly extension and along the South line of said Lot 4, a distance of 130.61 feet to the point of beginning. Said “Line A” is described as follows: Commencing at the most Southerly corner of Lot 1, Block 1 Belt Line Industrial Park 2nd Addition, thence South 59 degrees 15 minutes 24 seconds East of an assumed bearing along the Southeasterly extension of the Southwesterly line of said Lot 1 a distance of 40.00 feet to the point of beginning of said line; thence North 30 degrees 44 minutes 36 seconds East 112.38 feet; thence Northerly 768.57 feet along a tangential curve concave to the West having a radius of 785.30 feet and a central angle of 56 degrees 04 minutes 30 seconds; thence North 25 degrees 19 minutes 54 seconds West, tangent to last described curve 180.04 feet; thence Northerly 589.17 feet along a tangential curve concave to the East having a radius of 1268.10 feet a central angle of 26 degrees 37 minutes 12 seconds, said line there terminating. Economic development authority meeting of June 5, 2023 (Item No. 6a) Page 8 Title: Contract extensions to the purchase agreement, affordable redevelopment contract, and bridge loan documents with Beltline Development LLC - ward 1 Torrens Property - Certificate Title No. 697371 AND Lots 9 and 19, Block 2; Those parts of Lots 10, 11, 17, 18, Block 2, lying north of the southerly right-of-way line of State Trunk Highway No. 7; That part of Natchez Avenue vacated, lying east of the West line of the Northwest Quarter of the Northeast Quarter of Section 6, Township 28, Range 24, north of the southerly right-of-way line of State Trunk Highway No. 7, and southerly of a line hereinafter referred to as Line 1; That part of the vacated alley in Block 2 lying north of the southerly right-of-way line of State Trunk Highway No. 7, and southerly of the aforementioned Line 1. All in “Oakenwald Addition St. Louis Park,” Hennepin County, Minnesota; Line 1 is described as commencing at the north quarter corner of Section 6, Township 28, Range 24, said county; thence South 00 degrees 26 minutes 06 seconds West, assumed bearing along the north – south quarter line of said Section 6, a distance of 1092.89 feet to the point of beginning; thence North 73 degrees 14 minutes 47 seconds East 51.97 feet; thence northeasterly 174.11 feet along a non- tangential curve concave to the northwest, having a radius of 5790.08 feet, a central angle of 01 degrees 43 minutes 22 seconds, and a chord bearing of North 67 degrees 56 minutes 18 seconds East, and said line there terminating. AND That part of West 32nd Street, vacated, lying sout herly of the centerline thereof, westerly of the northerly extension of the east line of Lot 1, Block 1, said plat of Lewiston Park, and easterly of a line hereinafter referred to as Line 2; That part of Natchez Avenue, vacated, lying southerly of the cen terline of West 32nd Street, northerly of the north line of Lot 4, Block 1, Dalquist Industrial Park, Hennepin County, and west of the West line of the Southwest Quarter of the Northeast Quarter of Section 6, Township 28, Range 24; That part of the vacated alley adjoining Block 1, said plat of Lewiston Park, lying southerly of West 32nd Street and northerly of Lot 1, Block 1, Brooks McCracken Industrial Park, Hennepin County. Line 2 is described as commencing at the north quarter corner of Section 6, Township 28, Range 24, said county; thence South 00 degrees 26 minutes 06 seconds West, assumed bearing along the north – south quarter line of said Section 6, a distance of 1092.89 feet; thence South 73 degrees 14 minutes 47 seconds West 10.28 feet; thence southwesterly 220.70 feet along a non-tangential curve concave to the northwest, having a radius of 5802.14 feet, a central angle of 02 degrees 10 minutes 46 seconds, and a chord bearing of South 70 degrees 30 minutes 32 seconds West; thence South 67 degrees 02 minutes 58 seconds West, not tangent to said curve, Economic development authority meeting of June 5, 2023 (Item No. 6a) Page 9 Title: Contract extensions to the purchase agreement, affordable redevelopment contract, and bridge loan documents with Beltline Development LLC - ward 1 65.29 feet to the point of beginning of the line to be described; thence South 00 degrees 20 minutes 22 seconds East 298.91 feet, and said line there terminating. AND Lots 12, 13, 14, 15 and 16, Block 2, Mazey & Langan’s Addition To St. Louis Park, according to the recorded plat thereof, Hennepin County, Minnesota. AND The east 37 feet of Lot 4, Block 1, Dalquist Industrial Park, according to the recorded plat thereof, Hennepin County, Minnesota. AND That part of West 32nd Street, vacated, lying northerly of the centerline thereof, westerly of the southerly extension of the east line of Lot 14, Block 2, said plat of Mazey & Langan ’s Addition To St. Louis Park, and easterly of the aforementioned Line 2; That part of Natchez Avenue, vacated, lying northerly of the centerline of West 32nd Street, southerly of a line hereinafter referred to as Line 3, and west of the West line of the Northwest Quarter of the Northeast Quarter of Section 6, Towns hip 28, Range 24; That part of the alley adjoining Block 2, said plat of Mazey & Langan’s Addition To St. Louis Park lying northerly of West 32nd Street and southerly of the aforementioned Line 3; Line 3 is described as commencing at the north quarter corner of Section 6, Township 28, Range 24, said county; thence South 00 degrees 26 minutes 06 seconds West, assumed bearing along the north – south quarter line of said Section 6, a distance of 1092.89 feet; thence South 73 degrees 14 minutes 47 seconds Wes t 10.28 feet; thence southwesterly 220.70 feet along a non-tangential curve concave to the northwest, having a radius of 5802.14 feet, a central angle of 02 degrees 10 minutes 46 seconds, and a chord bearing of South 70 degrees 30 minutes 32 seconds West, and said line there terminating. Authority Parcels Lots 12, 13, 14, 15, and 16, Block 2; That part of Lots 10, 11, 17 and 18, Block 2, lying South of the Southerly right -of-way line of State Trunk Highway No. 7; All of the vacated alley in Block 2 lying South of the Southerly right -of-way line of State Trunk Highway No. 7; That part of Natchez Avenue vacated, lying east of the West line of the Northwest Quarter of the Northeast Quarter of Section 6, Township 28, Range 24, North of the South line of said Northwest Quarter of the Northeast Quarter, and South of the Southerly right-of-way line of State Trunk Highway No. 7; That part of West 32nd Street, vacated, lying between the extensions across it of the East line of Lot 14 and the West line of Lot 15, Block 2; Economic development authority meeting of June 5, 2023 (Item No. 6a) Page 10 Title: Contract extensions to the purchase agreement, affordable redevelopment contract, and bridge loan documents with Beltline Development LLC - ward 1 All in “Oakenwald Addition St. Louis Park,” Hennepin County, Minnesota; That part of vacated Monterey Avenue (formerly Oakenwald Avenue as shown on the plat of “OAKENWALD ADDITION ST. LOUIS PARK,” lying North of the South line of the Northwest Quarter of the Northeast Quarter, Section 6, Township 28, Range 24 and south of the Easterly extension of the North line of Lot 10, Block 2, “OAKENWALD ADDITION ST. LOUIS PARK”. AND That part of the Southwest Quarter of the Northeast Quarter, Section 6, Township 28, Range 24, Hennepin County, Minnesota described as beginning at the Northwest corne r of said Southwest Quarter of the Northeast Quarter; thence South along the West line thereof 288.7 feet; thence East to a point on the Northerly right -of-way line of the Minneapolis and St. Louis Railway Company, distant 46 feet from the intersection of said right-of-way line with the West line of said Southwest Quarter of the Northeast Quarter as measured along said right-of-way line; thence Northeasterly along said Northerly right-of-way line to its intersection with the extension South of the East line of Monterey Avenue; thence North along the extension of the East line of Monterey Avenue to the North line of said Southwest Quarter of the Northeast Quarter; thence West along said North line to the point of beginning. Meeting: City council Meeting date: June 5, 2023 Presentation: 3a Executive summary Title: Minnesota Recreation and Park Association Awards of Excellence Recommended action: The Minnesota Recreation and Park Association board representative, Alyssa Fram, will be in attendance to present the City of St. Louis Park with four awards. Policy consideration: Not applicable. Summary: Every year, the Minnesota Recreation and Park Association (MRPA) recognizes agencies or organizations in Minnesota that set a standard of excellence in the field of recreation, parks and leisure services. This past year there were 60 submissions for the awards of excellence. The City of St. Louis Park was selected to receive the Award of Excellence for the Juneteenth Celebration held in the Recreation Outdoor Center, ShamROC Ice Bowling event held in the Recreation Outdoor Center, Social Media Styled shoot held at Westwood Hills Nature Center, and a GRIT Freedom All-Terrain Wheelchair at Westwood Hills Nature Center. Awards received: Award of Excellence, programming and events: Juneteenth Celebration at the Recreation Outdoor Center (ROC) Award of Excellence, programming and events: ShamROC Ice Bowling at the Recreation Outdoor Center (ROC) Award of Excellence, parks and facility: Westwood Hills Nature Center Social Media Styled Shoot Award of Excellence, programming and events: GRIT Freedom All-terrain Wheelchair at Westwood Hills Nature Center Financial or budget considerations: None. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engag ement. Supporting documents: None. Prepared by: Stacy M. Voelker, senior office assistant Reviewed by: Jason T. West, director of parks and recreation Approved by: Kim Keller, city manager Meeting: City council Meeting date: June 5, 2023 Presentation: 3b Executive summary Title: Recognition of Recreation Supervisor Nathan Rosa’s years of service Recommended action: Read certificate and recognize Nate Rosa for 16 years of service to the City of St. Louis Park. Policy consideration: None at this time. Summary: City policy states that employees who retire or resign in good standing with over 10 years of service will be presented with a framed certificate from the mayor, city manager and city council. Recreation Supervisor Nate Rosa is resigning after 16 years of service to the city. Nate will be in attendance at this meeting. The mayor is asked to read the certificate and present it to Nate in recognition of his years of service. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Not applicable. Prepared by: Rita Vorpahl, HR director Approved by: Kim Keller, city manager Meeting: City council Meeting date: June 5, 2023 Presentation: 3c Executive summary Title: Recognition of 2022 police officer of the year Recommended action: Police Chief Bryan Kruelle will recognize Mitchell Swanson as the 2022 Robert Linnell police officer of the year. Policy consideration: None Summary: Since 1989, the St. Louis Park Police Department has presented the Robert Linnell Officer of the Year award to the officer who has demonstrated consistent principles of integrity, fairness and a commitment to service within our community. The Officer of the Year is an example of what a police officer should be or strive to be by demonstrating their commitment to the mission and values of the St. Louis Park Police Department and the City of St. Louis Park. The award is held in high regard because officers are nominated by their peers. At the police department annual meeting, officers select the Officer of the Year by voting on the nominations. On March 21, 2023 department members selected Officer Mitchell Swanson as the 2022 Officer of the Year recipient. Background: In 2022, Officer Swanson worked as an investigations officer. The following are excerpts from the nominations received for Officer Swanson: • “Mitch hit the ground running and has continued to excel. Prior to earning his position as an investigator, Mitch was a patrol officer where he built his foundational skills guiding him toward a successful start to investigations.” • “Mitch has gone above and beyond what is expected from him as an officer in building partnerships within the community he serves, other agencies, and his partners. Mitch can maintain this high level of service and performance all while also helping and training his partners. On several occasions, Mitch goes out of his way to help newer investigators with their tasks and to help train them in the position.” • “Mitch has done an extraordinary job being creative, proactive, and problem solving with the goal of better serving the community he serves. Mitch helped create a partnership within the community of St. Louis Park retail stores and other agencies to proactively patrol the area of Knollwood Mall in saturation details due to the area being victim to a significant amount of retail theft and other related crimes.” Financial or budget considerations: None at this time. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None Prepared by: Bryan Kruelle, police chief Approved by: Kim Keller, city manager Meeting: City council Meeting date: June 5, 2023 Presentation: 3d Executive summary Title: Recognition of 2022 civilian employee of the year Recommended action: Police Chief Bryan Kruelle will recognize Hailey Rose as the 2022 police civilian employee of the year. Policy consideration: None Summary: In 2023, the St. Louis Park Police Department developed a recognition award for a civilian employee who has demonstrated great support to the link between officers and community members, ensuring they can respond to emergencies and everyday calls for service with the necessary information and knowledge to be effective. Civilians serve in many different roles including dispatch, public safety information, Community Service Officer-Cadets, records, analytics and social work. The success of the police department on behalf of the city in all areas is the direct result of civilian workers’ dedicated service and commitment. At the police department annual meeting, staff and officers select the Civilian of the Year by voting on the nominations. On March 21, 2023 department members selected Analyst Hailey Rose as the 2022 Civilian of the Year recipient. Background: In 2022, Analyst Rose worked as a public safety information specialist. The following are excerpts from the nominations received for Analyst Rose: • “Hailey’s dedication, work ethic, professionalism, and competency show commitment to our mission and create an obvious positive impact on our work every day.” • “Hailey is required to create and present dozens of reports a year for stakeholders all over the city’s organization. Her ability to collect data and make meaningful reports has become valuable and her information is used to shape policy and understand resource allocation.” • “Hailey is relied upon by investigators to communicate complex data in complex cases. Hailey’s capacity to take call record data, social media information, location data, jail calls, police reports, photos, video and countless other sources of data and media is impressive-- she is among the best in her field at turning this information into summaries of case work that are easily understood by prosecutors, investigators and eventually juries. These summaries have contributed to high level prosecutions of numerous violent felony offenders.” Financial or budget considerations: None at this time. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None Prepared by: Bryan Kruelle, police chief Approved by: Kim Keller, city manager Meeting: City council Meeting date: June 5, 2023 Presentation: 3e Executive summary Title: Proclamation declaring Wat Promwachirayan Day Recommended action: The mayor is asked to read and present the proclamation. Policy consideration: Does the council want to recognize the 20th anniversary of Wat Promwachirayan? Summary: On June 24-25, 2023, Wat Promwachirayan (Wat Thai of MN) will be celebrating their 20th anniversary. To celebrate the anniversary and recognize the contributions and value of Wat Prom and Asian American and Pacific Islanders to the St. Louis Park community, the city council is asked to declare Saturday, June 24, 2023, as Wat Promwachirayan Day. Financial or budget considerations: None. 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 June 5, 2023 (Item No. 3e) Page 2 Title: Proclamation declaring Wat Promwachirayan Day Proclamation Wat Promwachirayan Day – June 24, 2023 Whereas Wat Promwachirayan will be celebrating their 20th anniversary; and Whereas in its six years in St. Louis Park, Wat Promwachirayan has become a valued and important part of the fabric of the community; and Whereas the commitment of Wat Promwachirayan to the community has been exhibited through its many events that invite the public to visit the temple and learn about Thai arts, culture and heritage; and about Theravada Buddhism; and Whereas Wat Promwachirayan partners with the city and other community organizations and religious congregations on various initiatives and events ; and Whereas Wat Promwachirayan embodies the values of St. Louis Park in its dedication to engaging and supporting people of all backgrounds in the Twin Cities through meditation, arts, cultural activities and community events ; and Whereas the city wishes to recognize and celebrate the contributions of Asian American and Pacific Islanders to the community. Now, therefore be it resolved that the mayor and city council of the City of St. Louis Park, do hereby proclaim June 24, 2023, Wat Promwachirayan Day in the City of St. Louis Park. Wherefore, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 5th day of June 2023. _________________________________ Jake Spano, Meeting: City council Meeting date: June 5, 2023 Presentation: 3f Executive summary Title: Proclamation honoring June as Pride month Recommended action: Mayor to read proclamation honoring June as Pride month. Policy consideration: None Summary: In Pride month, the City of St. Louis Park invites you to: • Learn about the history of LGBTQ+ communities in our state. o LGBTQ History in Minneapolis | Meet Minneapolis o Over the Rainbow: Queer and Trans History in Minnesota | MNopedia o Glossary of Terms - Human Rights Campaign (hrc.org) • Consider supporting or attending an event or exhibit that highlights Pride and LGBTQ+ communities. o Golden Valley Pride Festival o Upcoming Events – Twin Cities Pride • Connect with LGBTQ+ organizations in Minnesota. o OutFront Minnesota o Twin Cities Pride (tcpride.org) Financial or budget considerations: None Strategic priority consideration: St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. Supporting documents: Proclamation Prepared by: Jocelyn Hernandez Swanson, race, equity, and inclusion specialist Reviewed by: Radious Guess, race, equity and inclusion director LGBTQ+ employee resource group Approved by: Kim Keller, city manager City council meeting of June 5, 2023 (Item No. 3f) Page 2 Title: Proclamation honoring June as Pride month Proclamation honoring June 2023 as Pride month Whereas LGBTQ+ communities are an integral part of the diversity that makes St. Louis Park a great place to experience life; and Whereas the City of St. Louis Park has an active LGBTQ+ employee resource group that works towards creating a safe space for LGBTQ+ employees ; and Whereas this month celebrates the stories and resilience of Americans with varying sexual orientations and gender identities such as, Lesbian, Gay, Bisexual, Transgender, and Queer; and Whereas the LGBTQ+ identity is diverse and expansive, continuing to progress and change with time; and Whereas LGBTQ+ community members from all walks of life - small business owners, community leaders, and advocates have helped create a more just and inclusive community for all; and Whereas this community is made up of many intersecting identities, including our neighbors from different backgrounds, experiences, and careers; and Whereas Pride month is an opportunity to acknowledge how the LGBTQ+ community continues to face persecution and discrimination and challenge sexism and homophobia and other negative stereotypes; and Whereas Pride month is an opportunity to understand the LGBTQ+ experience and celebrate the contributions of this community in human rights, advocacy, and culture; and Now therefore, let it be known that the mayor and city council of the City of St. Louis Park, Minnesota, hereby honor June 2023 as Pride month in our community. Wherefore, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 5th day of June 2023. Wherefore, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 5th day of June 2023. _________________________________ Jake Spano, Mayor Meeting: City council Meeting date: June 5, 2023 Presentation: 3g Executive summary Title: Recognition of donations Recommended action: Mayor to announce and express appreciation for the following donation and grant being accepted at the meeting and listed on the consent agenda. From Donation For Kathy Mattson Goods Two (2) hand-carved and painted waterfowl replicas for display at Westwood Hills Nature Center Liz Genovese Goods Fishing equipment to be used for fishing at Westwood Hills Nature Center Rev. Michelene and Jim Verlautz $100 Park enhancements or program needs at Westwood Hills Nature Center honoring Elizabeth Rounds Estate of Margaret Rounds Verlautz $100 Park enhancements or program needs at Westwood Hills Nature Center honoring Elizabeth Rounds Michael Mitchell $300 Park enhancements or program needs at Westwood Hills Nature Center honoring Elizabeth Rounds Patricia and Ann Barham $50 Park enhancements or program needs at Westwood Hills Nature Center honoring Elizabeth Rounds Dale Schwarz $100 Park enhancements or program needs at Westwood Hills Nature Center honoring Elizabeth Rounds Michael Martin $20 Park enhancements or program needs at Westwood Hills Nature Center Steven and Sara Hoge $75 Park enhancements or program needs at Westwood Hills Nature Center honoring Marilynn Skantz Jonny Rock Bikes Service valued at $89.99 One (1) bike tune up to be used as a prize to support participation in the annual St. Louis Park Ecotacular festival on June 17, 2023. Park Tavern Services valued at $880 Two (2) bowling party passes valued at $440.00 ea. to be used as a prize to support participation in the annual St. Louis Park Ecotacular festival on June 17, 2023. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None. Prepared by: Melissa Kennedy, city clerk Approved by: Kim Keller, city manager Meeting: City council Meeting date: June 5, 2023 Minutes: 4a Unofficial minutes City council study session St. Louis Park, Minnesota April 24, 2023 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Lynette Dumalag, Yolanda Farris, Nadia Mohamed Councilmembers absent: Margaret Rog Staff present: City manager (Ms. Keller), deputy city manager (Ms. Walsh), engineering director (Ms. Heiser), building and energy director (Mr. Hoffman), community development director (Ms. Barton), housing specialist (Ms. Olson), racial equity and inclusion director (Ms. Guess) communications and technology director (Ms. Smith). Guests: Jim Alexander, project director, Metropolitan Council 1. Metro Green Line extension light rail construction overview and update Mr. Alexander presented the report providing construction updates and stated there are no new financial or budget considerations. The staff report noted the city has already contributed a total of $5.61 million to the project. Mayor Spano asked if the trail at Louisiana Avenue could be opened sooner. Mr. Alexander stated it’s best to open the whole segment, noting there is more grading and paving to be done and the hope is that work can be completed this summer. Once the work is complete, this segment could be opened. Mr. Alexander added he will continue to work with the contractor to improve on these dates where possible. Councilmember Dumalag asked if the change order is due to the civil engineering changes that triggered the systems changes. Mr. Alexander stated yes, that is correct. Councilmember Brausen asked if there will be any lane closures anticipated near Highway 100 in 2023. Mr. Alexander stated there will be some and noted this will be added to the map after i t is clarified. Councilmember Dumalag stated a resident had reached out related to some disruption in their home, possibly due to pile driving. Mr. Alexander noted the tracks should be completed by November 2023 and the stations by December 2023. He added the trail will be completed in St. Louis Park in 2024 and noted pile driving is completed at this point in St. Louis Park, with less disruption now than earlier. Councilmember Budd asked about the Luce Line connection completion in 2025. Mr. Alexander stated that is correct, noting the station work is a bit behind, and they are working to see if it can be completed a bit earlier. City council meeting of June 5, 2023 (Item No. 4a) Page 2 Title: City council study session minutes of April 24, 2023 Mr. Alexander introduced Diane Anastos as the city’s contact person, and noted additional information on Metro Green Line Extension can be found at www.greenlineext.org. He added anyone can sign up to receive weekly construction updates on this site and the 24 -hour hotline number for construction-related issues is 612.373.3933. He noted a virtual town hall meeting will be held on Wed., April 26, from 6-7 p.m., and the link is located on the “meetings and events” page of the website, as well as a walking tour May 18 at 12:30 p.m. at the Louisiana Station. Mayor Spano asked about complaints from residents, noting he has not he ard many and residents seem to have adapted to the project. He asked Mr. Sullivan for an update. Mr. Sullivan stated there has been a reduction in emails and calls, explaining early on most of the calls were related to pile driving. There were some comments about construction start times, which have since been addressed. He noted staff also fields more questions when new detours are established, and typically people are directed to the website for more information. Mayor Spano noted the inclusion of people of color and women in the construction of the project has been a priority, and he appreciates the attention to this by the Metropolitan Council. 2. Tenant protection ordinance Ms. Olson presented the staff report. She asked if the council continues to support this ordinance and, if they do, do they want to remove the July 1, 2023, expiration date and adopt a formula to calculate relocation benefit amounts. Councilmember Brausen stated he is supportive of the ordinance, and believes it is meeting the intended purpose. Councilmember Mohamed agreed, stating she is also supportive. She asked if after the 90 days expire, will the benefits continue to be paid. Ms. Olson stated if the rent increases, and if residents stay in the property beyond the 3 months, there is no relocation benefit. She explained to date there have been no relocation benefits paid out as the buyer has not made any changes within the 90-day period. Councilmember Dumalag added she is also supporti ve and asked why it expires July 1, 2023. Ms. Olson stated St. Louis Park was the first to adopt an ordinance of this type, so the council wanted to be sure this approach would work for residents. Councilmember Budd asked who wrote the NOAH definition. Ms . Olson stated at the time that the inclusionary housing policy required 18% of units at 60% AMI . The inclusionary housing policy now has a higher percentage, but a change is not recommended. She explained if the percentage increased to 20% affordable there would be more affordable units required to meet the NOAH definition, so no change keeps the threshold lower. Councilmember Budd stated she is also supportive of the proposed amendments. City council meeting of June 5, 2023 (Item No. 4a) Page 3 Title: City council study session minutes of April 24, 2023 Mayor Spano stated he too is supportive of the proposal. He ask ed if any complaints have been received from owners or renters on the policy. Ms. Olson stated there have been no complaints, but sometimes tenants receive a letter and are confused because they don’t understand what it means. She noted if they have a relationship with the city, folks call in with questions and staff can help provide clarification. Mayor Spano stated he is glad to hear folks are calling the city for clarification and understanding. He noted this is to be as smooth as possible of a transiti on. Councilmember Farris stated she will support this. Councilmember Budd asked if legislation passes related to housing in the state, will the city have to adjust its policy. Ms. Olson stated not for this policy, but changes would be required to the regulations related to eviction notices. If the state passes the 14 -day policy, then the city would need to adjust. Councilmember Budd asked where she can direct residents that have issues at their building residence. Ms. Olson noted staff in the building and energy department will inspect properties if tenants ask for assistance. Communications/meeting check-in (verbal) Councilmember Dumalag thanked staff for their update on hiring targets, noting it is great information. She asked for an update on PLACE and e-generation completion. Ms. Barton stated the PLACE E-Gen facility and greenhouse will not be completed by the deadline and the receiver is focused on getting the building leased, stating it’s at 15% leased right now, so they are working on this. She stated staff meets with PLACE representatives regularly, adding they may come to council with a request for formal amendments in the future. Councilmember Dumalag asked if the delays are related to business terms, occupancy, or construction. Ms. Barton stated the building is fully completed, but they have had issues with the size of units compared to the rent charged, and now have reduced the rent to help get more units leased. They are also offering 2-months of free rent and assistance with utilities and parking to get units rented. She stated the 50% AMI units are fully leased. She noted the qualifications for the 80% AMI units are very narrow, and the receiver is looking at ways to adjust the 80% AMI requirements. Ms. Keller announced a press release will be coming out on the city being a SMART 911 city, and residents can now provide important information upfront to e mergency services about their homes and situations to aid in response services. Councilmember Budd stated this is very proactive and great information, especially for those who may call 911 more frequently. The meeting adjourned at 7:24 p.m. Written Reports 3. Quarterly development update – 2nd quarter 2023 4. Quarterly investment report – 1st quarter 2023 ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: June 5, 2023 Minutes: 4b Unofficial minutes City council study session St. Louis Park, Minnesota May 8, 2023 The meeting convened at 6:35 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Sue Budd, Yolanda Farris, Lynette Dumalag, and Nadia Mohamed Councilmembers absent: Margaret Rog Staff present: City manager (Ms. Keller), engineering director (Ms. Heiser), engineering project manager (Mr. Sullivan) Guests: none. 1. Dakota Park infrastructure improvements Mr. Sullivan presented the staff report. He stated the policy question is does the council want to proceed with the infrastructure improvements proposed. Councilmember Brausen asked what the Parks and Recreation Commission had to say about improvements. Mr. Sullivan stated their feedback was looking at the costs options and weighing cost against the two proposed options. He added they are in favor of the trail re-route and using funds for other projects around the city. Councilmember Dumalag asked if there is a maintenance cost difference between the trail and the bridge proposal. Mr. Sullivan stated yes, there would be a higher cost with bridge structure maintenance. Ms. Heiser stated the bridge will need to be replaced eventually in 75 years, so that makes it more expensive also, whereas a trail will be less expensive to maintain . Councilmember Budd noted the park is mainly used for walking, and she appreciated the discussion. She asked if the staff recommendation is to go with the new bridge. Ms. Heiser stated the primary reason staff is recommending the bridge is because that was the feedback received from the public. She added that the majority of the people said if the bridge was removed, it would not affect their use of the park. She added staff wanted to bring this back to council for discussion before asking for a decision. Mayor Spano stated he and Councilmember Rog had thought the cost was high for the bridge, but noted he appreciates staff coming back for this discussion . He noted he walks on the boardwalk near his home, near Methodist Hospital, but added there are some boards that need replacing. He added it’s a great asset in that area, but stated this would not be the best solution for Dakota Park. Mayor Spano noted that the majority of folks want this bridge back, but either way this will not change the way the park is used. He added when he thinks of the steel truss bridge, he has a hard City council meeting of June 5, 2023 (Item No. 4b) Page 2 Title: City council study session minutes of May 8, 2023 time justifying the $350,000 additional cost, especially when thinking of all the other needs the community has. He noted the water main issue, adding he would like to see more funds go to supporting the city’s infrastructure, especially when he thinks of all the wonderful things that already have gone into Dakota Park. He stated that he would like the bridge but is not sure it’s worth the cost. Councilmember Mohamed questioned if residents said they would still use the park with or without the bridge. Ms. Heiser stated 58% said no, 20% were unsure, and 22% said yes . Councilmember Budd stated she appreciates the comments from residents related to the park, but it’s not compelling evidence, and doesn’t really present a perfect answer . She stated she leans toward keeping the bridge there, but fiscally she is unsure if it’s appropriate, and she is undecided. Councilmember Dumalag stated without the bridge, it may not have the same access or experience for users of the park. Councilmember Mohamed stated if there was a clearer indication that the community really wanted the bridge, it might be easier to justify that dollar amount. She noted she doesn’t see that in the survey responses and has not received any emails on this topic, so spending $350,000 more is not justified at this point. Councilmember Farris stated if that money could be used elsewhere, to help make St. Louis Park a better place, she would prefer doing that versus the bridge. Councilmember Brausen stated Councilmember Rog may be interested in pursuing the bridge as it’s in her ward and it’s a nice amenity in the park . Councilmember Brausen stated he does not feel the same way, and shares the mayor’s reasoning about the bridge, which is a nice amenity, but not at the cost proposed. He stated the Parks and Recreation Commission has also recommended the money not be spent there, and be spent on other projects, so he is also in favor of the trail. Councilmember Dumalag stated she is still in favor of the steel truss bridge . Mayor Spano stated the consensus seems to be that the council would want the trail, but not the bridge. Councilmember Brausen added this bridge could also be built in the future when the cost and budget warrant it. Ms. Keller stated this item will come back for council action at a future meeting. 2. New sidewalk planning framework Ms. Heiser presented the staff report. She stated this is a continuation of the discussion on sidewalk planning from last August. City council meeting of June 5, 2023 (Item No. 4b) Page 3 Title: City council study session minutes of May 8, 2023 Mayor Spano asked why certain neighborhoods have sidewalks and others do not. Ms. Heiser stated prior to 2016, the costs for sidewalk construction were borne by the adjacent property owner. In 2016 the council directed that the city would fund sidewalks because walking and providing mobility solutions was a strategic priority. Mayor Spano asked about more simplicity and transparency in relation to this project. Ms. Heiser stated there were three pavement management projects with resident-requested sidewalks, in Elmwood and Fernhill neighborhoods. She stated during those projects staff engaged the community, and residents felt because there were no sidewalks shown on the map or proposed, that meant they didn’t participate in the conversation. Ms. Heiser stated with additional transparency and simplicity, a project can start at one point, and then be pulled back. Ms. Keller added people were losing trust in the process, so starting broader and then moving to more specific has helped with simplicity. Mayor Spano stated there is a process, and while he understands the proposal, starting big pictures and then pulling things out might not be the best way to go about achieving the desired outcome. He has concerns for staff who will have to manage intense lobbying from residents, and while he is not sure there is a perfect process, the council is listening to residents. He stated he is reluctant to continue this as it presents a 1-2% increase annually on the tax levy if everything were kept in place and he has concerns about sustainability from a cost perspective. Councilmember Brausen stated he is supportive of the sidewalk project and the council needs to make this commitment knowing the costs won’t get any cheaper in the future . He stated building the costs into the CIP will help and then if it needs to be reduce d later, it can be. He added no one has ever said to stop Connect the Park, except when there is a project in the works, and some will say they don’t want a sidewalk. However, later, residents comment favorably about them. He stated unless there is overwhelming community feedback to stop the program, he is supportive of the approach proposed to get sidewalks added and expanded. Councilmember Brausen asked if there will be a survey done with the community on this as there has been push back over the years. Ms. Keller stated she will look into this. He noted it would be helpful to see where the broader community is on this subject, but for now he is in favor. Councilmember Mohamed agreed, adding the community always says the connections for walking around the city are so important. She added any investment in this is worth it; however, she does also have budget concerns. Councilmember Dumalag added she is supportive of the framework proposed. She stated she is not concerned about the approach of starting bigger and then taking items out as it is similar to the budget process and prioritizing , adding she will support this. Mayor Spano asked if this approach would apply to both pavement management and Connect the Park projects. Ms. Heiser stated she used the term transportation projects in the framework. She added Connect the Park is a master plan initiative and the sidewalks being discussed today are not part of Connect the Park. She continued the framework would be applied to all commercial, industrial and all pavement management of local streets, all MSA projects and any City council meeting of June 5, 2023 (Item No. 4b) Page 4 Title: City council study session minutes of May 8, 2023 transportation projects. She stated this framework would be applied in any place where infrastructure is being updated. The sidewalk portion of Connect the Park would then be folded into this new framework and built in conjunction with a road project . Mayor Spano stated this seems a bit confusing . Ms. Heiser reviewed the Connect the Park map with recommendations for clarity. Mayor Spano stated the community survey is important . He added he has been a strong supporter of this program, and there has not been strong opposition to it, but there has been lots of change and different frameworks over the years . He pointed out that while the community has generally been supportive of bike trails and sidewalks, they have not always been supportive when it is in front of their home. Mayor Spano stated if this change makes the process easier for staff for planning purposes, he can support that . He is not sure this will solve issues with folks wanting or not wanting sidewalks and is concerned about budget and clarity in process. Councilmember Budd stated this does , however, codify the process and the sidewalk planning framework. She noted this does make it valuable in that way and confirmed the leg end on the map simplifies this for residents. She stated she will support this approach. Councilmember Farris stated she also supports sidewalk projects and the framework, noting that many people walk in St. Louis Park and in the winter, it is difficult when there are no sidewalks, and not everyone drives. Mayor Spano stated it will need to be clarified to residents what Connect the Park refers to now, and that sidewalks will be removed from this framework. Written Reports 3. A systems approach to public streetlights 4. CP rail regional trail – Golden Valley and St. Louis Park 5. Speed limit update – Utica Ave. south of Westside Dr. 6. Zoning code update – residential districts Councilmember Budd stated she is excited to see CP Rail Regional Trail plans, and high interest for the community. Ms. Heiser stated this will be discussed with Three Rivers Park on May 17, and should be an exciting process. Councilmember Mohmed added she is excited to see the systems approach to streetlights, noting the conversations about where lights should be located. Mayor Spano added he is also happy to see the bike trails moving forward, adding it is a great amenity both within St. Louis Park, and the metro area. The meeting was adjourned at 7:56 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor Meeting: City council Meeting date: June 5, 2023 Consent agenda item: 5a Executive summary Title: Adopt ordinance amending city code chapter 36, section 268-PUD 4 related to AC Hotel by Marriott – ward 4 Recommended action: Motion to adopt ordinance amending city code chapter 36, section 268- PUD 4 and approve the summary ordinance for publication. Policy consideration: Does city council support the proposed ordinance amending PUD 4 to reduce the required parking from 1.5 spaces per hotel room to 1.02 spaces per room, from 189 spaces to 129 spaces. Summary: Christopher Flagg, on behalf of TPI Hospitality, requests an amendment to the planned unit development (PUD) at the AC Marriott Hotel, located at 5075 Wayzata Blvd. The amendment would allow a reduction to the required parking from 1.5 spaces per hotel room to 1.02 spaces per hotel room, or from 189 stalls to 129 stalls. Since the hotel opened in 2018, parking demand rarely exceeded the 79 stalls located either under the hotel or in its surrounding surface parking lot. The 50 reserved stalls at 10 West End have accommodated overflow parking, and the hotel has never utilized any of the 60 non-exclusive stalls also at 10 West End. The requested PUD amendment would remove the 60 non-exclusive stalls from the hotel’s required parking. The hotel submitted a parking study conducted on all on-site and off-site parking from February 16 to March 16 of this year. In that time, the hotel occupancy rate fluctuated from 17% to 95%. In that time neither the 50 reserved stalls nor the 60 unreserved stalls were used by the hotel. Staff believe the parking study and the history of the site are sufficient reason to now allow a reduction in the required parking. Previous/future actions Governing body Date Public hearing conducted, and no comments were received. Recommended approval. planning commission 5/3/2023 First reading of ordinance city council 5/15/2023 Second reading of ordinance city council 6/5/2023 Financial or budget considerations: None Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: ordinance, summary ordinance Prepared by: Jacquelyn Kramer, associate planner Reviewed by: Sean Walther, planning manager/deputy community development director Karen Barton, community development director Approved by: Kim Keller, city manager City council meeting of June 5, 2023 (Item No. 5a) Page 2 Title: Adopt ordinance amending city code chapter 36, section 268-PUD 4 related to AC Hotel by Marriott – ward 4 Ordinance No. ___-23 Ordinance amending city code chapter 36, section 268-PUD 4 The City of St. Louis Park does ordain: Whereas the planning commission conducted a public hearing on May 3, 2023 regarding the ordinance, and Whereas the city council has considered the advice and recommendation of the planning commission (case no. 23-03-PUD), and Whereas the ordinance approves a reduction in the required amount of parking from 189 spaces to 129 spaces by reducing the amount of off-site parking from 110 to 50. Now, therefore be it further resolved that the St. Louis Park City Code, chapter 36, section 268-PUD 4, is hereby amended by adding underscored text and deleting strikethrough text. Section breaks are represented by ***. (a) Development plan. *** (2) Parking will be provided both on-site and off-site. The on-site parking will contain twenty-seven five(275) underground spaces and fifty-two four(524) surface spaces. Off- site parking will include one-hundred ten (110) fifty (50) parking spaces in an above ground ramp located on Lot 2, Block 1, Central Park West PUD No. 121 Second Addition Outlot A at 1603 Utica Avenue South. Parking will total one-hundred-eighty-nine (189) one hundred twenty-nine (129) parking spaces. Section 1. This ordinance shall take effect fifteen days after its publication. Reviewed for administration: Adopted by the city council June 5, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First reading May 15, 2023 Second reading June 5, 2023 Date of publication June 15, 2023 Date ordinance takes effect June 30, 2023 City council meeting of June 5, 2023 (Item No. 5a) Page 3 Title: Adopt ordinance amending city code chapter 36, section 268-PUD 4 related to AC Hotel by Marriott – ward 4 SUMMARY FOR PUBLICATION Ordinance No. ____-23 Ordinance amending city code chapter 36, section 268-PUD 4 This ordinance states that the section 36-268 PUD 4 of the zoning code will be amended to reduce the amount of required parking from 189 parking spaces to 129 parking spaces. This ordinance shall take effect 15 days after publication. Adopted by the city council June 5, 2023 Jake Spano /s/ Mayor A copy of the full text of this ordinance is available for inspection with the city clerk. Published in St. Louis Park Sailor: June 15, 2023 Meeting: City council Meeting date: June 5, 2023 Action agenda item: 5b Executive summary Title: Adopt ordinance amending allowable hours for construction Recommended action: Motion to adopt ordinance amending city code section 12-124(c) to limit construction hours. Policy consideration: Does the council want to change the allowable end time of construction from 10 p.m. to 8 p.m. on weekdays, weekends and holidays to reduce noise? Summary: On May 15, 2023 the council approved the first reading of an ordinance adjusting the allowable hours for construction. The council requested clarification around the definitions of construction activities and holidays. The city code currently allows noise-generating construction activities from 7 a.m. to 10 p.m. on weekdays and 9 a.m. to 10 p.m. on weekends and holidays. The source of construction noise may be a contractor working on a business or a resident working on their home, activities that typically include power equipment and tools. Construction activities include the use of manual or power tools, moving equipment, or other activities involved with construction that can generate noise. The term “holiday” is defined in ordinance as any day fixed by the United States or by state law for suspension of business, in whole or in part. Reducing the allowable time for construction hours from 10 p.m. to 8 p.m. will help to minimize the time of disturbance to the community by two hours while balancing the needs of people working on home projects. Next steps: If approved, the ordinance would take effect June 30, 2023. Financial or budget considerations: None. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Ordinance Prepared by: Michael Pivec, property maintenance & licensing manager Reviewed by: Brian Hoffman, building and energy director Approved by: Kim Keller, city manager City council meeting of June 5, 2023 (Item No. 5b) Page 2 Title: Adopt ordinance amending allowable hours for construction Ordinance No. _____ -23 Ordinance amending St. Louis Park City Code Chapter 12, Article IV Section 12-124 (c) related to construction noise The city council of the City of St. Louis Park, Minnesota does ordain: Section 1. Sec. 12-124 of the St. Louis Park City Code is hereby amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 12-124. Hourly restrictions on certain operations. (c) Power equipment used in construction activities. No person shall engage in, permit, or allow construction activities involving the use of power equipment, manual tools, movement of equipment, or other activities except between the hours of 7:00 a.m. and 10:00 8:00 p.m. on weekdays and between the hours of 9:00 a.m. and 10:00 8:00 p.m. on weekends and holidays. Section 2. This ordinance shall take effect fifteen days after its publication. ADOPTED this 5th day of June, 2023 by the city council of the City of St. Louis Park. Reviewed for administration: Adopted by the city council: Kim Keller, City Manager Jake Spano, Mayor Attest: Approved as to form and execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney First Reading May 15, 2023 Second Reading June 5, 2023 Date of Publication June 15, 2023 Date Ordinance takes effect June 30, 2023 Meeting: City council Meeting date: June 5, 2023 Consent agenda item: 5c Executive summary Title: Tenant protection ordinance amendments Recommended action: Motion to adopt ordinance amending city code section 8-334 related to affordable housing and approve summary for publication. Policy consideration: Does the council continue to support having a tenant protection ordinance? Summary: The city council adopted a tenant protection ordinance in 2018. The tenant protection ordinance requires a three-month period following the ownership transfer of a NOAH multifamily residential property during which the new owner would be required to pay relocation benefits to tenants in affordable housing units under the following circumstances: 1. if the rent is increased or existing residents are rescreened and the tenant chooses to move as a result, or 2. non-renewals are implemented without cause. Under the current ordinance, NOAH properties are defined as buildings where at least 18% of the units have rents affordable to households with incomes at or below 60% Area Medium Income (AMI). The ordinance does not prohibit a new owner from taking the management actions listed above; however, the owner would be required to provide resident relocation benefits if they do take any of those actions during the tenant protection period. The current ordinance took effect July 1, 2018 and is set to expire July 1, 2023. Eighteen NOAH properties have been required to comply with the tenant protection ordinance between 2018 and 2022. City council members expressed support for the proposed amendments to the ordinance at the April 24, 2023, study session given the demonstrated effectiveness of the existing ordinance. The council adopted the first reading of the ordinance for May 15, 2023, setting the second reading of the ordinance for June 5, 2023. Financial or budget considerations: Staff time required to implement the ordinance, monitor, and enforce compliance. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion, draft updated ordinance, ordinance summary Prepared by: Marney Olson, housing supervisor Reviewed by: Karen Barton, community development director Approved by: Kim Keller, city manager City council meeting of June 5, 2023 (Item No. 5c) Page 2 Title: Tenant protection ordinance amendments Discussion Background The city council adopted a tenant protection ordinance in 2018. The tenant protection ordinance requires a three -month period following the ownership transfer of a NOAH multifamily residential property during which the new owner would be required to pay relocation benefits to tenants in affordable housing units under the following circumstances: 1. if the rent is increased or existing residents are rescreened and the tenant chooses to move as a result, or 2. non-renewals are implemented without cause. NOAH properties are defined as buildings where at least 18% of the units have rents affordable to households with incomes at or below 60% Area Medium Income (AMI) to match the inclusionary housing policy affordability requirements at the time the policy was adopt ed. The ordinance does not prohibit a new owner from taking the management actions listed above; however, the owner would be required to provide resident relocation benefits if they do take any of those actions during the tenant protection period. The three-month protection period provides a period for residents to work with housing support resources and seek alternative housing if they are facing unaffordable rent increases, new screening criteria requirements that would be problematic for them, or a 30-day non- renewal notice to vacate without cause. The ordinance requires the new owner of a NOAH building to provide notice of the ordinance protections to tenants of affordable housing units within 30 days of the sale of the building. The three-month tenant protection period begins once the notice has been given to the tenants. The current ordinance took effect July 1, 2018, and is set to expire July 1, 2023. Present considerations Staff created a tenant protection information packet that is given to multifamily property owners when they apply for a point-of-sale inspection. The tenant protection packet helps owners and property managers understand the ordinance and includes: the ordinance, frequently asked questions, draft tenant notices, resources for tenants, and the current affordable rent table updated annually. Housing staff contact multifamily property owners and managers that apply for the point-of-sale inspection permit to determine if the sale is required to comply with the ordinance. If the property is required to comply, housing staff work with the buyers to ensure compliance. Eighteen NOAH properties have been required to comply with the tenant protection ordinance between 2018 and 2022: • Nine in 2018 • Three in 2019 • Two in 2020 • Two in 2021 • Two in 2022 City council meeting of June 5, 2023 (Item No. 5c) Page 3 Title: Tenant protection ordinance amendments Relocation benefits To date all properties required to comply with the tenant protection ordinance have done so. . Relocation benefits are calculated using the Federal Highway Administration uniform relocation assistance rates and two months’ rent at 60% AMI. The ordinance adopted in 2018 included the dollar amount of relocation benefits based on this calculation. Staff recommend updating the ordinance to include the formula instead of a dollar amount, so the relocation costs reflect the current rent and uniform relocation assistance rates adjusted annually. The uniform relocation assistance rates provided by the Federal Highway Administration have not changed since 2018; however, the 60% AMI rents change annually. The chart below shows the current relocation benefit amount in the ordinance vs. the relocation benefit amount using the formula and the current rents at 60% AMI. Typically, the rents increase annually which would result in an increase in the relocation amount annually. Studio One bedroom Two bedrooms Three bedrooms Current relocation benefit in ordinance $2,600 $3,000 $3,600 $4,100 Current relocation benefits using formula $3,200 $3,600 $4,300 $5,000 By utilizing this formula in place of specified relocation benefit amounts, the ordinance will not have to be amended annually. Next steps: The amended ordinance will be published June 15, 20 23 and take effect July 1, 2023, the date the existing ordinance is set to expire. City council meeting of June 5, 2023 (Item No. 5c) Page 4 Title: Tenant protection ordinance amendments Ordinance No. ______-23 Ordinance amending St. Louis Park city code section 8-334 related to affordable housing The City of St. Louis Park does ordain: SECTION 1. St. Louis Park city code section 8-334 is hereby amended by as follows by adding underlined language and deleting stricken language: Sec. 8-334. Sale of affordable housing building (a) Definitions. The following definitions apply in this section of this code. References to “section” are unless otherwise specified, references to this section of this code. Defined terms remain defined terms, whether capitalized or not. (1) Affordable housing building means a multifamily rental housing building having three or more housing units, where at least 18% of the units rent for an amount that is affordable to households at or below 60 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, Minnesota- Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. (2) Affordable housing unit means a rental unit in an affordable housing building that rents for an amount that is affordable to households at or below 60 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Minneapolis -St. Paul- Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. (3) Cause means the tenant, or a member of the tenant’s household materially violated a term of the lease. or violated a provision of the City’s Rental Housing Ordinance, City Code Section 8-331 Crime Free/Drug Free and Disorderly Use Lease Requirements . (4) Tenant protection period means the period that commences on the date when a real estate closing transfers ownership of an affordable housing building and runs through the end of the 3 calendar months following the month in which written notice of the transfer is sent to each affordable housing unit tenant pursuant to subpart (c) of this section. (5) Relocation assistance payment means a payment calculated by the city as follows: The Federal Highway Administration uniform relocation assistance rate and two months’ rent at 60% area median income. The relocation assistance payment amount will be reviewed and updated annually by the city. City council meeting of June 5, 2023 (Item No. 5c) Page 5 Title: Tenant protection ordinance amendments (b) Relocation Assistance (1) If during the tenant protection period the new owner of an affordable housing building terminates or refuses to renew any affordable housing unit tenant’s rental agreement without cause, then upon terminating or refusing to renew the tenant’s lease, the ne w owner shall pay to the tenant, as relocation assistance, no later than the day upon which the tenant vacates the unit, a relocation assistance payment calculated by the city per this ordinance. in the amount as follows: $2,600 for a studio or single room occupancy dwelling unit, $3,000 for a one-bedroom dwelling unit, $3,600 for a two- bedroom dwelling unit, and $4,100 for a three-bedroom or larger dwelling unit. (2) During the tenant protection period if a rent increase goes into effect on any affordable housing unit, or the new owner of an affordable housing building raises any affordable housing unit tenant’s rent, or rescreens an existing affordable housing unit tenant, and the tenant gives written notice to the new owner to terminate the rental agreemen t, the new owner, shall within 30 days of receiving tenant’s written notice of termination of the rental agreement, pay to the tenant as relocation assistance, a relocation assistance payment in the amount calculated by the city per this ordinance. as follows: $2,600 for a studio or single room occupancy dwelling unit, $3,000 for a one -bedroom dwelling unit, $3,600 for a two-bedroom dwelling unit, and $4,100 for a three-bedroom or larger dwelling unit. (c) Notice. Whenever ownership of an affordable housing building shall transfer, the new owner shall, within thirty (30) days of the date on which a real estate closing transfers ownership of the affordable housing building, give written notice to each affordable housing unit tenant of the building that the property is under new ownership stating: (1) The name, mailing address, and telephone number of the new owner. (2) St. Louis Park City Code Section 8-334 provides for a tenant protection period for affordable housing unit tenants. Under Section 8-334, affordable housing unit tenants may be entitled to a relocation assistance payment from the new owner if the new owner terminates or does not renew the tenant’s rental agreement without cause within the tenant protection period. Affordable housing unit tenants may also be entitled to relocation assistance payment from the new owner if the owner raises the rent or initiates a tenant rescreening process within the tenant protection period and the tenant terminates their rental agreement. (3) Whether there will be any rent increase within the tenant protection period with the amount of the rent increase and the date the rent increase will take effect. (4) Whether the new owner will require existing affordable housing unit tenants to be re - screened to determine compliance with existing or modified residency screening criteria during the tenant protection period and if so, a copy of the screening criteria. (5) Whether the new owner will terminate or not renew rental agreements without cause during the tenant protection period and if so, notice to the affected affordable housing unit tenants whose rental agreements will terminate and the date the rental agreements will terminate. City council meeting of June 5, 2023 (Item No. 5c) Page 6 Title: Tenant protection ordinance amendments (6) Whether the new owner intends to increase rent, require existing affordable housing unit tenants to be rescreened to determine compliance with existing or modified residency screening criteria, or terminate or not renew affordable housing unit rental agreements without cause on the day immediately following the tenant protection period. The new owner shall provide a copy of the notice required by this part to the city at the same time notice is provided to the tenants. The new owner of an affordable housing building shall not terminate or not renew a tenant’s rental agreement without cause, raise rent, or rescreen existing tenants during the tenant protection period without giving the notice required by this part. (d) Penalty. (1) A violation of subpart (b) of this section is an administrative offense that may be subject to an administrative citation and civil penalties as provided in City Code Section 1-14. Notwithstanding any provision of City Code Section 1-14, the penalty for a violation of subpart (b) of this section shall be the sum of the applicable amount of relocation assistance plus $500. (2) A violation of subpart (c) of this section is an administrative offense that may be subject to an administrative citation and civil penalties as provided in City Code Section 1-14. (3) A violation of this ordinance as to each dwelling unit shall constitute a separate offense. (e) Within thirty (30) days after a person pays the penalty provided for in subpart (d) (1) of this section to the city, the city shall pay to the displaced tenant of the affordable housing unit for which the violation occurre d an amount equal to the relocation assistance provided for in subpart (b) of this section. SECTION 2. This ordinance shall take effect July 1, 2023. First Reading May 15, 2023 Second Reading June 5, 2023 Date of Publication June 15, 2023 Date Ordinance takes effect July 1, 2023 Reviewed for administration: Adopted by the city council June 5, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney City council meeting of June 5, 2023 (Item No. 5c) Page 7 Title: Tenant protection ordinance amendments SUMMARY FOR PUBLICATION ORDINANCE NO.________- 23 Ordinance amending St. Louis Park city code section 8-334 related to affordable housing The ordinance would amend the tenant protection period following the sale of an affordable housing building. The ordinance shall take effect July 1, 2023. Adopted by the city council June 5, 2023 Jake Spano /s/ Mayor A copy of the full text of this ordinance is available for inspection with the city clerk. Published in St. Louis Park Sailor: June 15, 2023 Meeting: City council Meeting date: June 5, 2023 Consent agenda item: 5d Executive summary Title: First amendment to redevelopment contract - Union Park Flats - ward 2 Recommended action: Motion to adopt resolution approving a first amendment agreement to the redevelopment contract with PPL Union Park Community Limited Partnership/Project for Pride in Living (PPL) in connection with the Union Park Flats development extending the deferred loan term. Policy consideration: Does the city council wish to approve the first amendment to the redevelopment contract with Project for Pride in Living (PPL) to facilitate the proposed Union Park Flats development? Summary: On May 1, 2023 the EDA and city council approved a contract for private development with PPL Union Park Community Limited Partnership/Project for Pride in Living (PPL) in connection with the Union Park Flats development. Under the contract, the EDA and city council agreed to provide PPL with one deferred loan of $450,000 to help facilitate the development. PPL agreed to pay the deferred loan upon sale, refinance or re-syndication of the project, or at 40 years, whichever is earlier. Minnesota Housing Finance Agency (MHFA) is providing permanent financing for the development, which will not be in place until 2025. PPL is requesting the term be extended to 42 years to match the repayment timeline of MHFA’s loan. Staff recommends adoption of the resolution to amend the redevelopment contract. Financial or budget considerations: All costs associated with the amendment preparation are to be paid by PPL. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Prepared by: Jennifer Monson, redevelopment administrator Reviewed by: Greg Hunt, economic development manager Karen Barton, community development director, EDA executive director Approved by: Kim Keller, city manager City council meeting of June 5, 2023 (Item No. 5d) Page 2 Title: First amendment to redevelopment contract - Union Park Flats - ward 2 Resolution No. 23-______ Resolution approving a revision to the contract for private development and a deferred loan from the Affordable Housing Trust Fund for PPL Union Park Community Limited Partnership Be it resolved by the city council (“city council”) of the City of St. Louis Park, Minnesota (“City”) as follows: Section 1. Recitals. 1.01. The city has heretofore created an Affordable Housing Trust Fund, which is funded in part with pooled tax increment derived from property within certain tax increment financing districts within the city as provided in laws of Minnesota 2022, First Special Session, Chapter 14, Article 9, Section 5. The city is authorized to make loans from its Affordable Housing Trust Fund to provide funding for affordable housing developments in the city. 1.02. To facilitate the development of certain property within the city, the St. Louis Park Economic Development Authority (“authority”), the city, PPL Union Park Community Limited Partnership, a Minnesota limited partnership, or another entity affiliated with or related to Project for Pride in Living, a Minnesota nonprofit corporation (“developer”), and PPL SLP LLC, a Minnesota limited liability company and the general partner of the developer, have negotiated a contract for private development (“agreement”) which provides for the construction by the developer of 60 units of multifamily rental housing, approximately 70 underground parking stalls, and approximately 9 surface parking stalls (“minimum improvements”) on certain property legally described therein (“development property”) and provides a deferred loan from the city in the principal amount of $450,000 (“deferred loan”) to the developer from the city’s Affordable Housing Trust Fund. 1.03. The developer has requested that the maturity date of the AHTF deferred loan be revised to be 42 years from the date of closing on their senior financing (anticipated to be no later than December 31, 2065) (“maturity date”). 1.04. The city will agree to subordinate the AHTF deferred loan and other loans as detailed in the agreement pursuant to the terms and conditions set forth in a subordination agreement to be considered by the city council on a future date. Section 2. Agreement. 2.01. The city council hereby approves the agreement with the revised maturity date in substantially the form presented to the city council, together with any related documents necessary in connection therewith, including without limitation, a disbursing agreement providing for the disbursement of the loan in accordance with the agreement and all documents, exhibits, certifications, or consents referenced in or attached to the agreement (together, “development documents”). City council meeting of June 5, 2023 (Item No. 5d) Page 3 Title: First amendment to redevelopment contract - Union Park Flats - ward 2 2.02. The city council hereby authorizes the mayor and city manager, in their discretion and at such time, if any, as they may deem appropriate, to execute the development documents on behalf of the city, and to carry out, on behalf of the city, the city’s obligations thereunder when all conditions precedent thereto have been satisfied. The development documents shall be in substantially the form on file with the city and the approval hereby given to the development documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the city and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the city. The execution of any instrument by the appropriate officers of the city herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the development documents shall not be effective until the date of execution thereof as provided herein. 2.03. In the event of absence or disability of the officers, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the city council by any duly designated acting official, or by such other officer or officers of the city council as, in the opinion of the city attorney, may act in their behalf. Upon execution and delivery of the development documents, the officers and employees of the city council are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the city council to implement the development documents. Section 3. Effective date. This resolution shall be effective upon approval. Reviewed for administration: Adopted by the city council June 5 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: June 5, 2023 Consent agenda item: 5e Executive summary Title: Contract extensions to the affordable redevelopment contract with Beltline Development LLC - ward 1 Recommended action: Motion to adopt resolution approving a second amendment to the redevelopment contract related to the Beltline Station Development. Policy consideration: Does the city council wish to approve the proposed contract extensions to the affordable redevelopment contract with Beltline Development LLC (an affiliate of Sherman Associates) requested by the developer? Summary: In June 2022, the EDA entered into a purchase agreement with Beltline Station LLC to sell property at the southeast corner of CSAH 25 and Beltline Boulevard and the city council entered a redevelopment contract to facilitate the affordable component of the larger Beltline Boulevard Station development. In December 2022, the EDA and city approved an extension to the contracts requiring the developer purchase the property by June 30, 2023. Staff, the developer, the Metropolitan Council, Ehlers (the EDA’s financial consultant), and associated legal counsels have been working diligently on all contracts related to the development and the public park and ride stalls, including a public construction contract for the ramp and related bidding document. Due to the publicly funded nature of the park and ride stalls, the construction contract for the ramp needs to receive Federal Transit Administration (FTA), Met Council, and EDA approval prior to putting the contract out to bid. The review of these documents is nearly complete, at which point the ramp can be bid. This process is estimated to take 2-3 months to complete. To minimize financial risk, the Sherman board of directors recently informed staff that it is unwilling to complete financial closings on the development’s market rate components until final construction pricing of the ramp is known and the contract is awarded. As a result, Sherman Associates requests a second amendment to the redevelopment contract for the affordable housing component to extend construction commencement from July 13, 2023 to September 15, 2023. Staff, Kennedy & Graven (the EDA’s legal counsel), and Ehlers recommend approval of the contract extension. Financial or budget considerations: To enable the $142 million transit-oriented development to be financially feasible and secure private financing, staff will be bringing a recommendation of approximately $18.47 million in total financial assistance (including a $3 million land price reduction) to be provided to facilitate all components of the Beltline Station development to a future council meeting. This assistance includes a variety of sources, some of which could be recouped by the EDA. A detailed explanation was provided via a May 15, 2023 report. 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: Jennifer Monson, redevelopment administrator Reviewed by: Greg Hunt, economic development manager Karen Barton, community development director, EDA executive director Approved by: Kim Keller, city manager City council meeting of June 5, 2023 (Item No. 5e) Page 2 Title: Contract extensions to the affordable redevelopment contract with Beltline Development LLC - ward 1 Discussion Background: In November 2014, the council approved a resolution authorizing submittal of a federal Congestion Mitigation Air Quality (CMAQ) grant for a structured parking ramp to be located immediately north of the SWLRT Beltline Blvd Station platform in lieu of a large parking lot. The EDA was subsequently awarded a $6.4 million grant through the Federal Transit Administration’s (FTA) CMAQ program that is regionally administered by the Metropolitan Council. The federal funding requires all ramp construction documents and building plans be reviewed by the EDA, Met Council, and FTA prior to the public bid process. The review of these documents is nearly complete, and once approved, bids for the ramp’s construction contract can be publicly solicited. This process is expected take 2-3 months to complete. In January 2022, Sherman Associates received a tax-exempt bond allocation of $13.7 million from Minnesota Management and Budget (MMB) to help finance the development’s all - affordable housing component. This bond allocation comes along with federal Low Income Housing Tax Credits (LIHTC) which will provide an estimated $7.98 million in equity for the project. Together, the sources are providing approximately 86% of the funding for the all - affordable building. The developer closed on the bond allocation financing in June 2022, locking in their interest rate and loan terms. The EDA intends to sell the developer property at the southeast corner of Beltline Boulevard and Highway 7 for the development and approved a purchase agreement in June 2022 and amended in December 2022 requiring the developer to purchase the property prior to June 30, 2023. This deadline corresponded with the bondholder’s deadline, requiring construction commencement within one year. Present considerations: Sherman Associates is contributing significant owner and private equity to the major development. To minimize financial risk, the Sherman board of directors recently informed staff that it is unwilling to complete financial closings on the development’s market rate components until final construction pricing of the ramp is known and the contract is awarded. As a result, Sherman Associates requests an extension to the purchase agreement to require property closing to occur no later than September 15, 2023. It also requests a second amendment to the redevelopment contract for the affordable housing component to extend construction commencement from July 13, 2023 to September 15, 2023. Likewise, it requests a fifth amendment to the bridge loan documents extending them to September 15, 2023. Sherman Associates has worked with the bond holders for the affordable component to allow for this additional extension. Next steps: EDA staff will review and finalize the construction contract and related documents for the ramp. All other documents related to the Beltline Station development are nearing their final drafts and will be brought to the EDA and city council for consideration prior to September 15, 2023. City council meeting of June 5, 2023 (Item No. 5e) Page 3 Title: Contract extensions to the affordable redevelopment contract with Beltline Development LLC - ward 1 Resolution No. 23-_____________ Resolution approving a second amendment to contract for private development with the St. Louis Park Economic Development Authority and Beltline Station Limited Partnership Be it resolved by the city council (the “city council”) of the City of St. Louis Park, Minnesota (the “city”) as follows: Section 1. Recitals; authorization. (a) The St. Louis Park Economic Development Authority (the “authority”), the city, and Beltline Station Limited Partnership, a Minnesota limited partnership (the “developer”), entered into a contract for private development, dated July 7, 2022, as amended by a first amendment to contract for private development (collectively, the “original agreement”), pursuant to which the developer agreed to acquire certain property located in the city and construct thereon approximately 82 units of multifamily rental housing together with approximately 59 underground parking spaces (the “minimum improvements”). (b) The authority, the city, and the developer have negotiated a second amendment to contract for private development (the “second amendment to agreement”), a form of which is on file with the city council, which amends the original agreement to extend the dates of commencement and completion of construction of the minimum improvements. (c) The city council has reviewed the second amendment to agreement and finds that the execution thereof and performance of the city’s obligations thereunder are in the best interest of the city and its residents. Section 2. Approval of second amendment to agreement. (a) The city council approves the second amendment to agreement in substantially the form presented to the city council, together with any related documents necessary in connection therewith, including without limitation all documents, exhibits, certifications, or consents referenced in or attached to the second amendment to agreement (the “documents”). (b) The city council hereby authorizes the mayor and city manager, in their discretion and at such time, if any, as they may deem appropriate, to execute the documents on behalf of the city, and to carry out, on behalf of the city, the city’s obligations thereunder when all conditions precedent thereto have been satisfied. The documents shall be in substantially the form on file with the city and the approval hereby given to the documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the city and by the officers auth orized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the city. The execution of any instrument by the appropriate officers of the City council meeting of June 5, 2023 (Item No. 5e) Page 4 Title: Contract extensions to the affordable redevelopment contract with Beltline Development LLC - ward 1 city herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the documents shall not be effective until the date of execution thereof as provided herein. (c) In the event of absence or disability of the officers, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the city council by any duly designated acting official, or by such other officer or officers of the city council as, in the opinion of the city attorney, may act in their behalf. Upon execution and delivery of the documents, the officers and employees of the city council are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the city council to implement the documents. Section 3. Effective date. This resolution shall be effective upon approval. Reviewed for administration: Adopted by the city council June 5, 2023. Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: June 5, 2023 Consent agenda item: 5f Executive summary Title: Special assessment – sewer service line repair at 6625 Minnetonka Boulevard. Recommended action: Motion to adopt a resolution authorizing the special assessment for the repair of the sewer service line at 6625 Minnetonka Boulevard, St. Louis Park, MN. P.I.D. 17-117-21-11-0058. Policy consideration: The proposed action is consistent with policy previously established by the city council. Summary: Susan Carlson, owner of the single-family residence at 6625 Minnetonka Boulevard, has requested the city authorize the repair of the sewer service line for her home and assess the cost against the property in accordance with the city’s special assessment policy. The city requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water and/or sewer service lines for existing homes was adopted by the city council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this is unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by city staff. The property owner hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the city’s special assessment program. The property owner has petitioned the city to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $6,000.00. Financial or budget considerations: The city has funds in place to finance the cost of this special assessment. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Beth Holida, office assistant Reviewed by: Emily Carr, assessing technician Austin Holm, utilities superintendent Jay Hall, public works director Approved by: Kim Keller, city manager City council meeting of June 5, 2023 (Item No. 5f) Page 2 Title: Special assessment – sewer service line repair at 6625 Minnetonka Boulevard. Resolution No. 23-____ Resolution authorizing the special assessment for the repair of the sewer service line at 6625 Minnetonka Boulevard, St. Louis Park, MN P.I.D. 17-117-21-11-0058 Whereas the property owner at 6625 Minnetonka Boulevard, has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single-family residence located at 6625 Minnetonka Boulevard; and Whereas the property owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and Whereas the city council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. Now therefore be it resolved by the city council of the City of St. Louis Park, Minnesota, that: 1. The petition from the property owner requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $6,000.00. 4. The property owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment, whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, city charter, the constitution, or common law. 5. The property owner has agreed to pay the city for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 4.93%. 6. The property owner has executed an agreement with the city and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for administration: Adopted by the city council June 5, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: June 5, 2023 Consent agenda item: 5g Executive summary Title: Special assessment – sewer service line repair at 3100 Maryland Avenue South Recommended action: Motion to adopt a resolution authorizing the special assessment for the repair of the sewer service line at 3100 Maryland Avenue South, St. Louis Park, MN. P.I.D. 17-117-21-21-0130. Policy consideration: The proposed action is consistent with policy previously established by the city council. Summary: Keith Schmitz and Amber Karcher-Ramos, owners of the single-family residence at 3100 Maryland Avenue South, have requested the city authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the city’s special assessment policy. The city requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water and/or sewer service lines for existing homes was adopted by the city council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this is unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by city staff. The property owners hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the city’s special assessment program. The property owners have petitioned the city to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $9,117.31. Financial or budget considerations: The city has funds in place to finance the cost of this special assessment. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Beth Holida, office assistant Reviewed by: Emily Carr, assessing technician Austin Holm, utilities superintendent Jay Hall, public works director Approved by: Kim Keller, city manager City council meeting of June 5, 2023 (Item No. 5g) Page 2 Title: Special assessment – sewer service line repair at 3100 Maryland Avenue South Resolution No. 23-____ Resolution authorizing the special assessment for the repair of the sewer service line at 3100 Maryland Avenue South, St. Louis Park, MN P.I.D. 17-117-21-21-0130 Whereas the property owners at 3100 Maryland Avenue South, have petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single-family residence located at 3100 Maryland Avenue South; and Whereas the property owners have agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and Whereas the city council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. Now therefore be it resolved by the city council of the City of St. Louis Park, Minnesota, that: 1. The petition from the property owners requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $9,117.31. 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, o r by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The property owners have agreed to pay the city for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 4.93%. 6. The property owners have executed an agreement with the city and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for administration: Adopted by the city council June 5, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: June 5, 2023 Consent agenda item: 5h Executive summary Title: Accept donations to Westwood Hills Nature Center Recommended action: Motion to adopt resolution accepting donations for Westwood Hills Nature Center. Policy consideration: Does the city council wish to accept these donations with restrictions on their use? Summary: State statute requires the city council to formally accept donations. This requirement is necessary to make sure the city council has knowledge of any restrictions placed on the use of each donation prior to it being expended. • Donations for park enhancements or program needs at Westwood Hills Nature Center honoring Elizabeth Rounds. o Rev. Michelene and Jim Verlautz, $100 o The Estate of Margaret Rounds Verlautz, $100 o Michael Mitchell, $300 o Patricia and Ann Barham, $50 o Dale Schwarz, $100 • Donation for park enhancements or program needs at Westwood Hills Nature Center. o Michael Martin, $20 • Donation for park enhancements or program needs at Westwood Hills Nature Center honoring Marilynn Skantz. o Steven and Sara Hoge, $75 • Donation of goods to be displayed at Westwood Hills Nature Center o Kathy Mattsson, two (2) hand-carved and painted waterfowl replicas • Donation of goods to be used for fishing at Westwood Hills Nature Center o Liz Genovese, fishing equipment Financial or budget considerations: These donations will be used for display, fishing and park enhancements or program needs at Westwood Hills Nature Center. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Carrie Mandler, secretary program aide Reviewed by: Mark Oestreich, westwood hills nature center manager Jason T. West, parks and recreation director Approved by: Kim Keller, city manager Study session meeting of June 5, 2023 (Item No. 5h) Page 2 Title: Accept donations to Westwood Hills Nature Center Resolution No. 23 - ___ Resolution accepting donations for Westwood Hills Nature Center Whereas the City of St. Louis Park is required by state statute to authorize acceptance of any donations; and Whereas the city council must also approve any restrictions placed on the donation by the donor; and Whereas, Kathy Mattsson donated two (2) hand-carved and painted waterfowl for display at Westwood Hills Nature Center, Liz Genovese donated fishing equipment for use at Westwood Hills Nature Center, and Rev. Michelene and Jim Verlautz donated $100, the estate of Margaret Rounds Verlautz donated $100, Michael Mitchell donated $300, Patricia and Ann Barham donated $50, Dale Schwarz donated $100, Steven and Sara Hoge donated $75 and Michael Martin donated $20, all for park enhancements or program needs at Westwood Hills Nature Center. Now therefore be it resolved by the city council of the City of St. Louis Park that these donations are hereby accepted with thanks to Kathy Mattsson with the understanding that the donation must be used for display at Westwood Hills Nature Center, Liz Genovese with the understanding that the donation must be used for fishing at Westwood Hills Nature Center, and to Michelene and Jim Verlautz, the estate of Margaret Rounds Verlautz, Michael Mitchell, Patricia and Ann Barham, Dale Schwarz, Steven and Sara Hoge, and Michael Martin, with the understanding that their donations must be used for park enhancements or program needs at Westwood Hills Nature Center. Reviewed for administration: Adopted by the city council June 5, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: June 5, 2023 Consent agenda item: 5i Executive summary Title: Accept donations to Ecotacular festival Recommended action: Motion to adopt resolution accepting donations to St. Louis Park Ecotacular Festival (an event within Parktacular). Policy consideration: Does the city council wish to accept these gifts with restrictions on their use? Summary: State statute requires the city council to formally accept donations. This requirement is necessary to make sure the city council has knowledge of any restrictions placed on the use of each donation prior to it being expended. • Donations to St. Louis Park Ecotacular festival o Jonny Rock Bikes, one (1) bike tune up valued at $89.99 o Park Tavern, two (2) bowling party passes valued at $440.00 each These donations are given with the restriction that they be used as prizes to support participation in the annual St. Louis Park Ecotacular festival, part of Parktacular, on June 17, 2023. Financial or budget considerations: None. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Resolution Prepared by: Annie Pottorff, sustainability specialist Reviewed by: Emily Ziring, sustainability manager Melissa Kennedy, city clerk Approved by: Kim Keller, city manager City council meeting of June 5, 2023 (Item No. 5i) Page 2 Title: Accept donations to Ecotacular festival Resolution No. 23 - ____ Resolution accepting donations for St. Louis Park Ecotacular festival Whereas the City of St. Louis Park is required by state statute to authorize acceptance of any donations; and Whereas the city council must also approve any restrictions placed on the donations by the donor; and Whereas Jonny Rock Bikes donated one bike tune up valued at $89.99, and Park Tavern donated two (2) bowling party passes valued at $440.00 each ($880.00 total). Now therefore be it resolved by the city council of the City of St. Louis Park that this gift is hereby accepted with thanks to Jonny Rock Bikes and Park Tavern and that the donations will be used for the St. Louis Park Ecotacular festival. Reviewed for administration: Adopted by the city council June 5, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: June 5, 2023 Consent agenda item: 5j Executive summary Title: Approve replacement of street sweeper (unit 1520) Recommended action: Motion to approve replacement of Unit 1520-2015 Elgin Pelican street sweeper. Policy consideration: Does the city council approve replacing the street sweeper (unit 1520)? Summary: Our 2015 Elgin Pelican is a 9-year-old street sweeper and is scheduled to be replaced in the 2023 capital improvement plan. This type of vehicle performs maintenance duties including street, alley and lot cleaning. This work is important to provide safe and clean streets while preventing unwanted materials from flowing into storm drains. Staff evaluated the equipment based on age, condition and salvage value. It is recommended to be replaced as planned. The replacement will be similar in type and use. A quote for a hybrid sweeper was received. The quote was for an additional $215,000 and the equipment is not available in the waterless configuration due to the additional battery bank. This would require the use of a tanker truck (diesel driven) and an additional operator to perform the same duties. Therefore, the replacement will instead be purchased via the State of Minnesota cooperative purchasing venture with MacQueen Equipment. Council approval is required because the purchase is over the statutory limit of $175,000. Financial or budget considerations: The replaced unit will be traded in or auctioned, and proceeds will go to the capital replacement fund. The budgeted cost of the new sweeper was $318,000 and the estimated replacement cost is $353,885.00. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: None. Prepared by: Tom O’Donnell, fleet manager Reviewed by: Jason T. West, parks and recreation director Amelia Cruver, finance director Approved by: Kim Keller, city manager Meeting: City council Meeting date: June 5, 2023 Consent agenda item: 5k Executive summary Title: Dakota Park infrastructure improvements - approve plans and specifications and authorize ad for bids (2122-1806) – ward 1 Recommended action: Motion to adopt resolution accepting the project report and rerouting the trail, establishing the Dakota Park Infrastructure Improvements project (2122 -1806), approving plans and specifications, and authorizing advertisement for bids . Policy consideration: Does the city council wish to proceed with the infrastructure improvements described in this report? Summary: The trail bridge in Dakota Park has been programmed for replacement since 2018 after a formal bridge inspection recommended replacement due to the poor condition of the bridge and footings. The replacement of approximately 350 feet of sanitary sewer near the trail bridge is also recommended to be completed to prevent sewer backups. Due to the proximity of these two projects, staff combined them to increase efficiency and reduce community impact. An update of the project was presented to council on Jan. 23, 2023, to share three design options; two included bridge replacement, while the final option opted for bridge removal and trail rerouting. These options were chosen to address cost increases while still prov iding the trail connection in the park. At that time, council requested that staff do community engagement around the options. The community feedback was shared at the May 8, 2023 study session, along with a project recommendation. At that meeting, council directed staff to proceed with the sanitary sewer replacement and to remove the existing bridge and reroute the trail around the stormwater retention basin. Staff acknowledges that, once the bridge is removed, a non-city designated path may develop through the stormwater retention basin as a shortcut between the existing asphalt trails. To discourage this, the final reroute design has been slightly altered to better follow a user’s line of sight. More information is available in the discussion section of the report. Financial or budget considerations: This project is included in the city’s capital improvement plan (CIP). The total cost to reroute the trail and reconstruct the sanitary sewer is estimated to be $608,554.03. The project is slated to be paid for using park improvement, American Rescue Plan Act (ARPA) and utility funds. Detailed information on cost estimates can be found in the discussion section of the 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 Exhibit A – location map Exhibit B – bridge removal and modified trail reroute Prepared by: Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of June 5, 2023 (Item No. 5k) Page 2 Title: Dakota Park infrastructure improvements - approve plans and specifications and authorize ad for bids (2122- 1806) – ward 1 Discussion Background The Dakota Park Infrastructure Improvements project preliminary scope included: • Replacement of approximately 350 feet of sanitary sewer pipe that runs under the south softball field just north of the trail bridge. • Removal of the bridge that spans over a stormwater retention basin and creating a new trail connection between the playground and the dog park using one of three options: o Trail reroute: remove the existing bridge and construct a trail around the stormwater retention basin. o Timber boardwalk: replace the existing bridge with a timber boardwalk structure. o Prefabricated steel truss: replace the existing boardwalk with a prefabricated steel truss bridge. These two improvements are combined into one project due to their proximity to each other and to limit the impact on the park and ballfields. See Exhibit A attached to this report for more information on the location of the work within Dakota Park. Staff presented an update on the project to council on Jan. 23, 2023, to share three design options; two included bridge replacement, while the final option opted for bridge removal and trail rerouting. These options were chosen to address cost increases while still providing the trail connection in the park. Council directed staff to gather community feedback on all three design options to help inform their decision. Staff held a public information meeting on March 2, presented the design options to the Parks and Recreation Advisory Commission (PRAC) on March 15 and developed an online survey to better understand how the park and bridge are used by the community. In addition, 15 emails were received from the community in support of replacing the bridge. At the May 8, 2023 study session, staff shared with the council the community feedback that was received. Most feedback was in support of replacing the bridge, although most also said bridge removal wouldn’t change their use of the park. Based on this, staff’s recommendation was to replace the bridge with a prefabricated steel truss bridge. However, since there was feedback in favor of the trail reroute as well, staff also shared with the council support for rerouting the trail and preserving funds for other projects. The council had a thoughtful discussion regarding the information pre sented, and the majority of the council supported the trail reroute option. Creating a more direct trail connection The concern has been shared with staff that people will not walk on the rerouted trail and instead will take the most direct route, walking through the basin where the bridge used to be, creating a desire path. A “desire path” develops as a convenient shortcut where the more deliberately constructed path takes a longer or more circuitous route. Due to this, staff explored the possibility of creating a more direct ADA connection either through the basin or by modifying the reroute alignment. Staff does not recommend a direct connection through the basin; instead, staff recommends modifying the rerouted trail alignment to make the connection shorter, moving it away from where the bridge crossed the basin. City council meeting of June 5, 2023 (Item No. 5k) Page 3 Title: Dakota Park infrastructure improvements - approve plans and specifications and authorize ad for bids (2122- 1806) – ward 1 This recommendation is based on the following: Flooding This stormwater retention basin was constructed in 2007 to reduce flooding to properties along the alley that is south of 27th Street between Brunswick and Dakota avenues. This was a significant flood management project that included the reconstruction of 27th Street, between Dakota and Brunswick avenues, the excavation of the storage area with a connecting swale, and the installation of culverts underneath the CP Railroad, just to the north of 27th Street, between the ballfield and sliding hill. The basin has underdrains to allow it to maintain capacity, reduce the length of time the basin holds water and to be easily maintained. The stormwater retention basin floods with regularity. When the basin is flooded, this connection will not be usable. The modeling shows that the basin will begin to see standing water, around 2 inches, in a rain event as small as 1 inch and up to 4.5 feet of standing water in a storm event with 7.5 inches of rainfall. There is a 1-inch rain event once a month on average during the summer months. The duration of the flooding is dependent on several factors, including the intensity of the storm and the downstream capacity. Watershed permitting Due to the role it plays in flood mitigation, the basin is regulated by both the city’s floodplain ordinance and the Minnehaha Creek Watershed District (MCWD). Staff has been in communication with watershed staff, and they have indicated that since there is an alternative route, they would not support the construction of a paved trail connection through the basin. This project requires MCWD review and approval. Maintenance Placing a trail through the stormwater basin will result in an increase in maintenance and replacement needs when compared to a trail that is not subject to flooding. The flooding of the trail will create a soft subsurface that will shorten the life span of the pavement, requiring replacement more frequently. Also, during rain events, the flow of water through the basin could deposit debris and cause the trail to wash out. With the trail at the bottom of the basin, water will drain to the trail during rain events. During the freeze-thaw cycles of winter, the water would be trapped at the low point, creating a trail that is frequently covered in ice. ADA compliance While a path with slopes that are compliant with Americans with Disabilities Act can be constructed through the retention basin, at times, this path will be flooded, ice-covered, or debris-covered, creating challenges for walking, rolling or other assisted mobility users. Project scope and modifications Based on the discussion during the May 8 study session, the staff recommendation for the Dakota Park Infrastructure Improvements project include s the following: • Replacement of approximately 350 feet of sanitary sewer pipe that runs under the south softball field just north of the trail bridge. • Removal of the bridge bridge that spans over a stormwater retention basin and constructing a new trail connection between the playground and the dog park around the stormwater retention basin. This alignment has been modified since the study City council meeting of June 5, 2023 (Item No. 5k) Page 4 Title: Dakota Park infrastructure improvements - approve plans and specifications and authorize ad for bids (2122- 1806) – ward 1 session to better follow a user’s line of sight, making it more direct, a more pleasant experience and less likely to be diverted from. Financial considerations The total cost to reroute the trail and reconstruct the sanitary sewer is estimated to be $608,554.03. The following tables break out the estimated costs and funding sources for this project. Project estimate CIP Sanitary sewer estimate Trail reroute estimate Project total Construction cost $602,337 $333,185.98 $153,657.24 $486,843.22 Engineering and administration $367,280 $83,296.50 $38,414.31 $121,710.81 Total $969,617 $416,482.48 $192,071.55 $608,554.03 Funding Sources Park improvement funds $158,226 $0 $158,226.00 $158,226.00 Sanitary sewer funds $425,500 $416,482.48 $0 $416,482.48 Stormwater utility funds $275,891 $0 $0 $0 American Rescue Plan Act (ARPA) $110,000 $0 $33,845.55 $33,845.55 Total $969,617 $416,482.48 $192,071.55 608,554.03 Next steps Due to the impacts to the west softball field, coordination is required to minimize sanitary sewer construction impacts. The sanitary sewer component of the project will be completed this fall to allow for the restoration of the softball fields so they will be re ady for play in 2024. The proposed schedule is as follows: Council project approval June 5, 2023 Council awards construction bids August 2023 Construction August- November 2023 Project completion Spring 2024 City council meeting of June 5, 2023 (Item No. 5k) Page 5 Title: Dakota Park infrastructure improvements - approve plans and specifications and authorize ad for bids (2122- 1806) – ward 1 Resolution No. 23-___ Approving the final plans and specifications and authorizing bidding documents for Dakota Park Infrastructure Improvements project number 2122-1806 Whereas the city council of the City of St. Louis Park has received a report from the project manager related to the Dakota Park Infrastructure improvements project no. 2122-1806 on June 5, 2023; and Whereas the project includes the replacement of the sanitary sewer main, the removal of the existing bridge and the construction of a new trail connection between the playground and the dog park around the stormwater retention basin; and Whereas at the same meeting, the preliminary layout was approved, and final plans were ordered to be developed. Now therefore be it resolved by the city council of the City of St. Louis Park, Minnesota, that: 1. The final plans and specifications to construct these improvements, as prepared under the direction of the project manager, or designee, are approved. 2. The city clerk shall prepare and cause to be inserted at least two weeks in the official city newspaper and in relevant industry publications an advertisement for bids for the making of said improvements under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received 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. 3. 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 June 5, 2023 Kim Keller, city manager Jake Spano, mayor Attest: Melissa Kennedy, city clerk Exhibit A - Dakota Park Bridge Improvements GEORGIA AVE S26TH ST W 27TH ST WFLORIDA AVE SBRUNSWICK AVE SDAKOTA AVESCOLORADO AVE SEDGEWOOD AVE S0 500 1,000250 Feet 1/18/2023 Peter Hobart Elementary School Nelson Park Sanitary sewer work Dakota Park Bridge Nelson Park Dog Park East Field Keller Field West Field City council meeting of June 5, 2023 (Item 5k) Title: Dakota Park infrastructure improvements - approve plans and specifications and authorize ad for bids Page 6 SGSSUSSSWEIRGH:\Projects\15000\15253\Design\Graphics\15253-ALT-4R-BridgeRemvNewTrailRoute.dwg : ALT8-01Job #152535/31/2023 - 11:49AMALT 4R - BRIDGE REMOVAL + MODIFIED TRAIL REROUTE15253St. Louis Park ,MNTRAIL RECONSTRUCTIONLEGEND:NEW TRAIL (BITUMINOUS)TRAIL IMPROVEMENT(CONCRETE)REMOVALSTRAIL IMPROVEMENT(BITUMINOUS)Figure 3B-R1City council meeting of June 5, 2023 (Item 5k) Title: Dakota Park infrastructure improvements - approve plans and specifications and authorize ad for bidsPage 7 Meeting: City council Meeting date: June 5, 2023 Consent agenda item: 5l Executive summary Title: Union Park Flats final plat time extension – ward 2 Recommended action: Motion to approve an extension until June 5, 2024, for Project for Pride in Living (PPL) to record the final plat of Unity Village Apartments. Policy consideration: Does the council support allowing PPL up to an additional year to record the final plat of Unity Village Apartments? Summary: Per the city code, applicants must record a final plat within two years of receiving city council approval. The council approved the Unity Village Apartments plat on June 15, 2020. The code allows the applicant, PPL to request an extension. Council approved an extension on June 15, 2022, that extended the deadline to file the plat to June 15, 2023. The city has now received a written request from PPL for an extension until June 5, 2024, to record the final plat. City council approved applications from PPL to subdivide the properties at 3700 Alabama Avenue South and 6027 37th Street. Both properties are currently owned and operated by Union Congregational Church. The plat subdivides the property into two lots. The church will sell the northern lot to an affiliate of PPL; PPL will build, own, and manage a new three story, 60-unit affordable apartment building. The church will use the proceeds from the land sale to renovate the existing church sanctuary and narthex to preserve the 1940s building while making it more welcoming and accommodating. This extension request is not unusual, particularly with affordable housing developments which generally take longer to assemble financing. Since approval of the final plat, PPL has diligently pursued the development, and are working to close on the property in June 2023 but may not be able to close prior to the June 15, 2023 deadline to file the final plat. The other approvals granted for the development do not expire. City staff have not identified any changes in circumstances related to the approved plat and recommend approval of the extension. Financial or budget considerations: Not applicable. There are no financial or budget impacts to extending the time for PPL to file the final plat. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: extension request letter Prepared by: Jacquelyn Kramer, associate planner Reviewed by: Sean Walther, planning manager/deputy community development director Karen Barton, community development director Approved by: Kim Keller, city manager •PROJECT FOR PRIDE IN LIVING 1035 East Franklin Avenue Minneapolis, MN 55404 P (612) 455-5100 F (612) 455-5101 www.ppl-inc.org May 17, 2022 City of Saint Louis Park 5005 Minnetonka Boulevard Saint Louis Park, MN 55416 Attn: Jacquelyn Kramer, Associate Planner Re: Final Plat Extension Request for Union Park Flats Dear Ms. Kramer and City staff: One behalf of Project for Pride in Living, inc., we are submitting this letter to request an extension period of one year for filing the Final Plat for Union Park Flats development as we need a little more time to get a clear title and the project financing closed. The project was fully funded in September 2022 and the team has been working on closing on financing. When we submitted the final plat for recording at Hennepin County earlier this month, it was found that the name of the current owner (the Union Congregational Church) was listed incorrectly. We are working on an affidavit, but it will push back the recording. We are on schedule to close and start construction this summer. We have applied to the City for a permit and are in the process of responding to review comments. Thank you for your time and effort in consideration of this extension request. Please reach out to m e or project manager Mandy Pant at 612-455-5217 or mandy.pant@ppl-inc .org for any questions. Sincerely, Senior Vice President, Housing Stability 612-455-5100 Mike.lafave@ppl-inc.org City council meeting of June 5, 2023 (Item 5l) Title: Union Park Flats final plat time extension Page 1 Meeting: Special study session Meeting date: June 5, 2023 Discussion item: 1 Executive summary Title: Housing, redevelopment and tax increment financing (TIF) overview Recommended action: None at this time. Policy consideration: None at this time. The discussion is for information purposes. Summary: At the study session, senior municipal advisor Stacie Kvilvang with Ehlers, the city’s financial consultant, and staff will present a housing, redevelopment and tax increment financing (TIF) overview. The presentation will cover various financial tools the city has at its disposal to guide redevelopment and will review the city’s role in development/redevelopment, use of TIF, case studies, and tax increment pooling. Financial or budget considerations: Tax increment financing (TIF) is a valuable financing tool that enables the EDA to advance the city’s strategic priorities. Strategic priority consideration: • St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. • St. Louis Park is committed to continue to lead in environmental stewardship. • St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. • St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. • St. Louis Park is committed to creating opportuni ties to build social capital through community engagement. Supporting document: Additional material is available on the city’s website: TIF policy; TIF districts map; 2022 TIF district management review summary; and TIF dashboard Prepared by: Stacie Kvilvang, senior municipal advisor with Ehlers Jennifer Monson, redevelopment administrator Reviewed by: Greg Hunt, economic development manager Karen Barton, community development director, EDA executive director Amelia Cruver, finance director Approved by: Kim Keller, city manager Meeting: Special study session Meeting date: June 5, 2023 Discussion item: 2 Executive summary Title: Yard waste collection proposals, 2023 - 2028 Recommended action: No formal action at this time. Policy considerations: • Does the council support staff’s recommendation to enter into a contract with the hauler included in Option 1A? • Does the council support staff’s recommendation of choosing weekly yard waste collection? Summary: Staff began discussions regarding yard waste collection with council in November 2022. Original proposals for yard waste did not meet the city’s needs and were rejected by council. Staff then contacted 12 haulers with an updated request for proposals (RFP) for yard waste and two submitted proposals. The major difference in proposals is cost. Staff have identified the most cost-effective hauler options for council consideration (Attachment A), for yard waste collection services. Additionally, staff conducted a survey of service users. Key findings include: • 83% of respondents set out yard waste for collection; of those, 55% also mulch leaves/grass and 15% practice backyard composting. • 24% of respondents were in favor of moving to every-other-week (EOW) yard waste collection during summer months; 31% were not in favor and the remaining 45% were neutral. • If offered an “opt out” option, only 9% of respondents would select it; 52% of respondents would sign up and 25% were unsure or shared concerns about increased price, equity, and unintended consequences. Staff recommends continuing weekly yard waste collection to ensure all residents have equitable access to collection. Providing collection ensures those without the ability to manage onsite, self-haul or pay premium for lawn care or opt-in service can still properly manage material. It will also help to avoid open burning dangers, sediment and phosphorus loading concerns caused by illegal dumping, improper mulching or pushing leaves in streets. Financial or budget considerations: All costs for contracting for residential garbage, recycling, organics recycling and yard waste collection are associated with the solid waste enterprise fund. The final contract amounts are higher than in previous years. Staff will bring rate increase options to council for consideration once contracts have been executed. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Discussion; Attachment A – Non-Public Data – Hauler proposal options Prepared by: Kala Fisher, public services superintendent/deputy public works director Reviewed by: Jay Hall, public works director Approved by: Kim Keller, city manager Special study session meeting of June 5, 2023 (Item No. 2) Page 2 Title: Yard waste collection proposals, 2023 - 2028 Discussion Council direction requested The discussion section of this report provides information on the yard waste collection proposals received and staff’s evaluation of the proposals. To move forward, staff is requesting direction on the following items: 1. Yard waste proposals – Does council support staff’s recommendation of entering into a contract with the hauler included in Option 1A? a. Option 1A: Least expensive total cost for weekly collection 2. Yard Waste - Does council support the staff recommendation of continuing to provide weekly collection during yard waste season? Background The city’s yard waste program began in 1987. Since that time, state law has prohibited yard waste disposal in landfills and incinerators. Instead, collection programs provide pickup service, delivering material to commercial compost facilities . Commercial compost facilities follow industry practices to ensure composted material breaks down and pathogens and weed seeds are killed through high temperatures generated during the composting process, known as the process to further reduce pathogens. Finished compost is used by the city in roadway projects, community gardens, and provided to residents for personal use. Data shows that an average of 600 lbs. of yard waste, per household, has been generated and collected in St. Louis Park since 1987. Table 1 below shows tonnage collected each month during yard waste season from April to November over the last five years. Depending on the timing of leaves falling and first significant snow of the year, a sweep of the city is also done during the first week of December, which is why tonnages are reflected in the month of December in the data below.    Table 1  Historical Monthly Yard Waste Tonnages  Year  April  May  June  July  Aug Sept  Oct Nov Dec Total 2018  0  667  452  255  270  231  621  1200  70  3,767.61  2019  222  524  289  314  245  269  436  1259  320  3,877.25  2020  715  639  682  332  353  373  1093  1633  36  5,857.16  2021  473  272  564  200  134  349*  505  1648  368  4,511.73  2022 185 539 469* 344* 126* 460 715 1549 0 4,389.03 *Collection switched to every-other-week, on the same week as resident’s recycling collection. History At the November 14, 2022 study session staff provided a written report on solid waste program updates and discussion of the solid waste collection RFP at the Nov ember 28, 2022 study session. In consideration of rising labor and equipment costs, no significant changes were made to the RFP to avoid respondents needing additional resources (e.g., staffing or equipment) to provide collection. Instead, the focus was placed on ensuring consistent services for the city’s well - Special study session meeting of June 5, 2023 (Item No. 2) Page 3 Title: Yard waste collection proposals, 2023 - 2028 established organized collection program, with an emphasis of splitting work up between multiple haulers based on material collected. A total of one (1) proposal and one (1) alternate proposal was provided by Waste Management for yard waste collection by the January 23, 2023 proposal deadline. Due to the lack of additional proposals to consider and the proposed rate increase required, council gave staff direction at the February 27, 2023 study session to reject the proposals and allow staff to negotiate an extension of the current yard waste col lection contract through December 1, 2023, which is the end of the 2023 yard waste season. Staff attempted to negotiate a two-month extension with the city’s current contractor, Waste Management. The cost provided was $20.50 per household, or an estimat ed $504,300 total for October and November yard waste services. This is a $450,426 increase over the current contract rate for a two-month period. The contract extension was not a viable option at 836% increase. The council supported staff’s recommendation to reject the original proposal and issue a new RFP at the March 20, 2023 council meeting. Staff issued the new RFP and two proposals were received by the April 28, 2023 deadline. Haulers considered Staff contacted the following twelve hauling companies that operate in the Twin cities metro to gauge their interest in receiving a request for proposals: Aspen Waste, Better Futures of MN, Curbside Waste, Dick’s Sanitation, Haul Star, Lakeshore Recycling Systems, Republic Services, Tennis Sanitation, Walter’s Recycling & Refuse, Vierkant Disposal, Waste Container Systems and Waste Management . Timeline RFPs were sent to all interested parties on March 31, 2023 and were received by April 28, 2023. The contract term is from October 1, 2023 to December 3, 2028. Proposals received Proposals were received from two haulers: Curbside Waste and Waste Container Systems. All other haulers withdrew during the RFP process. Resident engagement and considerations of environment and equity Staff conducted an online survey in May 2023 to gain resident feedback on yard waste service. Over 850 responses were received from residents with city solid waste service. Responses were received from residents on every collecti on day and in each neighborhood, except those with predominantly multifamily buildings not serviced through the city’s program. Due to the survey targeting only those residents with city solid waste service (1-4 unit residential buildings), demographic data was not compared with city census tracts. Key findings include: • While a majority of residents report using collection service (83% of respondents set out yard waste for collection), they also engage in onsite management of material. Of those Special study session meeting of June 5, 2023 (Item No. 2) Page 4 Title: Yard waste collection proposals, 2023 - 2028 83% that set out yard waste, 55% also mulch leaves/grass and 15% practice backyard composting. • Respondents report setting out material weekly (47%), monthly (14%), or mostly for spring and fall cleanup (30%). • Support for summer every-other-week (EOW) yard waste collection is not significant as 31% are not in favor, 45% are neutral, and 24% are in favor. • If provided with an opt-out option, only 9% of respondents indicated they would select it; the remaining said they would sign up (52%), were unsure (25%) or provided an “other” response that included concerns about increased price, equity, and unintended consequences. Staff in various departments are involved with education, enforcement and cleanup when yard waste is not managed properly. This includes cleanup or enforcement of illegal dumping in parks, ditches or wooded areas and open burning. Staff also have concerns over leaves and grass that are not properly managed onsite through mulching or backyard composting, as it can lead to loss of vegetation or spread of broadleaf weeds that can’t provide the root structure necessary to control run-off and prevent sediment and phosphorus loading in the stormwater systems of the city. Providing access to yard waste collection ensures those without the physical ability to mana ge onsite, self-haul or pay premium for lawn care or opt-in service can still properly manage material. It will also help to further avoid the unintended environmental consequences noted above. Based on the resident survey and environmental and equity concerns, staff recommend continuing with the practice of city-wide participation in the service (as opposed to opt-in) and weekly collection. Evaluation of proposals / Development of hauler options Staff evaluated all proposals by a number of factors, including, but not limited to: services offered, past experience, detailed contractor questionnaires, references, and proposal costs. Staff has reviewed proposals from both haulers and believe they are capable of providing services requested in our RFP. The most notable change in all proposals is the increase in cost compared to current contract rates, similar to the increases for the garbage, recycling and organics contracts approved for the same contract term (2023-2028). It is important to note that current contract rates were set in 2017/2018, prior to the pandemic, labor and material shortages and inflation. Also, the collection methods required for a city with the geography and mix of curb and alley collection are more labor intensive. Staff has identified the most cost-effective option that will help maintain equitable access to yard waste collection service. Of the proposals submitted by two haulers , staff recommends Hauler Option 1A, weekly collection, because it is the lowest cost option to maintain weekly collection services historically Special study session meeting of June 5, 2023 (Item No. 2) Page 5 Title: Yard waste collection proposals, 2023 - 2028 provided to and requested by residents. Details of the cost for all options are included in Attachment A. Non-public data The city attorney has advised staff that all specific data related to hauler proposals is considered private (non-public) until the city has awarded contracts for these services. This information (Attachment A) is being provided to council but is not being made available to the public at this time. The city attorney has said it is acceptable to discuss private information at the meeting as long as hauler names are not used and service delivery is referred to as Options 1 or 2 (as denoted in Attachment A). Note: the information contained in Attachment A is considered PRIVATE (non-public), as per M.S. 13.591, Subd. 3, until the city has awarded contracts for these services. Next steps Listed below is a draft schedule showing the major steps to develop and award the new yard waste collection contract. Future actions Governing body Date Staff negotiates collection contract with vendor Staff June 2023 Council approves new yard waste collection contract Council July 2023 Staff conducts public education outreach with residents Staff June-Sept. 2023 Staff discuss solid waste rates (finance/solid waste staff) Staff/Council Summer 2023 New garbage, recycling, organics and yard waste collection contracts begin Staff Oct. 1, 2023 New solid waste rates effective Staff Jan. 1, 2024 Meeting: Special study session Meeting date: June 5, 2023 Discussion item: 3 Executive summary Title: Proposed study session agenda topic Recommended action: City council and city manager review the proposed study session agenda topic and decide next steps. Policy consideration: Does the city council want to move forward with the proposed study session topic? Summary: A proposed study session agenda topic related to unbanked people in St. Louis Park was submitted for consideration. City staff provided a high-level analysis, including information related to additional research, present considerations and a recommended disposition. The next step in the process is for the council to decide, as a group, if they would like to add the proposed topic to a future study session agenda. If the council would like staff to continue to explore this topic, the item would come back this fall during the next phase of the racial equity and inclusion system discussion. Topic Proposed by Councilmember(s) Unbanked people in St. Louis Park Margaret Rog Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Topic proposal and staff analysis Prepared by: Melissa Kennedy, city clerk Approved by: Kim Keller, city manager City Council Study Session Topic Proposal Date: Prepared by: Proposed agenda topic: Brief Description of topic (no more than 200 words): How does this topic align with the council strategic priorities? If not, why should the council consider the topic: ** Please email completed forms to Kim Keller and Melissa Kennedy. Special study session of June 5, 2023 (Item No. 3) Title: Consider proposed study session agenda topic Page 2 City Council Study Session Topic Proposal Staff Analysis Date: May 8, 2023 Prepared by: Radious Guess Proposed agenda topic: Underbanked people – addressing discrimination in the City of St. Louis Park Staff analysis of request: High level staff analysis identifies potential legal considerations for council to understand. Further analysis by the city attorney would be warranted if the council wanted to explore an ordinance requiring businesses to accept cash. There are also health, race, equity and inclusion, staffing, and economic vitality considerations. A summary of each of these is below. Legal Considerations: While cash and coins are legal tender for all debts, there is no federal law that requires businesses to accept them in exchange for goods and services. Additional research is needed into any legal considerations or constraints. Health Considerations: In response to the pandemic, the Centers for Disease Control and Prevention released guidance encouraging retailers to use touchless payment options. Race, Equity, and Inclusion Considerations: Among the inequities many Black and Latinx consumers in the US face, one of the most concerning is the lack of access to necessary financial products and services. Making up just 32% of the US population, Black and Latinx households represent 64% of the country’s unbanked and 47% of its underbanked households. Unbanked and underbanked individuals don’t have access to affordable banking products and must rely on check cashing and payday loans. Staffing Considerations: The city might explore introducing an ordinance that would prohibit most retail locations from refusing to take cash or charging cash- paying customers a higher price. Staff time would be required for policy development, implementation, and enforcement. Special study session of June 5, 2023 (Item No. 3) Title: Consider proposed study session agenda topic Page 3 Economic vitality considerations: Achieving full financial inclusion and economic opportunity for bodies of culture is not just a moral or altruistic goal—greater participation of these communities in banking will create greater economic value for financial institutions as well as for consumers. This will likely be difficult to quantify for St. Louis Park. Resources required: •Staff time to develop and implement an engagement plan to include: o Business community Banking Industry | Chamber of Commerce o Residents o Students o Human Rights Commission o Others •City attorney time •Staff time for ordinance development •Potential for ongoing staff needs, depending on final policy Projected timeline to further explore: If the council would like staff to explore this topic, staff recommend a study session as part of the fall 2023 Race, Equity, and Inclusion study session series. From there, staff direction could be given to create an ordinance or other policy intervention. Support Materials: •Racial Equity in Banking Starts with Busting Myths •Federal Reserve Bank of Minnesota •Cashless Restaurants Reinforce Racism •Fact Check Recommended disposition: (select one) X Study session discussion Special study session of June 5, 2023 (Item No. 3) Title: Consider proposed study session agenda topic Page 4