HomeMy WebLinkAbout2023/09/18 - ADMIN - Agenda Packets - City Council - RegularAGENDA
SEPTEMBER 18, 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@stlouisparkmn.gov by noon the day of the
meeting. Comments must be related to an item on the meeting agenda. Comments will be
shared with the city council by providing copies for their review at the meeting. 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.
5:15 p.m. City council special study session
Discussion items
1. 60 min. Cannabis update
Written reports
2. Internship and career pathways approaches
3. Update on the Via Sol development – Ward 2
6:20 p.m. Economic Development Authority meeting
1.Call to order
a.Roll call
2.Approve agenda
3. Minutes
a.EDA meeting minutes of September 5, 2023
4.Consent items
a.Resolution approving amendment to LCDA loan documents for Rise on 7 – Ward 2
5.Public hearings – none.
6.Regular business
a.Resolutions to adopt 2024 HRA and EDA levies
7.Communications and announcements – none.
8. Adjournment
Agenda EDA/city council/special study session meeting of September 18, 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.Recognition of service for Lt. Andrew Willenbring
b.Proclamation for Latine Heritage Month
4.Minutes
a.Minutes of September 5, 2023 city council meeting
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.Resolution recognizing retirement of Lt. Andrew Willenbring from fire department
b.Resolution appointing election workers for Nov. 7, 2023 municipal election
c.Rescind resolution of snow emergency exempt parking streets
d.Resolution approving grant award for DWI Traffic Safety Police Officer Program
e.Resolution approving 2024 employer benefits contribution
f.Resolution approving off-site gambling for Community Charities of Minnesota
6.Public hearings
a.Consider on-sale brewer’s taproom liquor license for Ullsperger Brewing, LLC – Ward
4
7.Regular business
a.Resolutions to adopt 2024 preliminary property tax levy certification
b.Public sewer and water utilities protection program
8.Communications and announcements – none.
9.Adjournment.
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: Special study session
Meeting date: September 18, 2023
Discussion item: 1
Executive summary
Title: Cannabis update
Recommended action: No formal action requested.
Policy consideration: Does the city council want to:
1. Enact an ordinance related to adult cannabis use in public spaces?
2. Amend the city code related to sale of paraphernalia?
3. Enact a moratorium prohibiting the operation of cannabis businesses?
Summary: The state legislature recently passed a law legalizing the personal purchase,
possession and use of cannabis and related products by adults over the age of 21. The city has
the authority to decide policy for St. Louis Park in a number of areas. Research, data collection
and staff analysis has led to a current set of recommendations for council to consider.
Additional recommendations are forthcoming in future months.
Use of cannabis in public areas: The new law legalizes consumption on private property. The
law is silent on the matter of consumption in public spaces. St. Louis Park has been tracking
complaint data and does not see a need at this time to enact an ordinance regulating public
smoking or consumption. Cannabis smoking will still be covered by existing general restrictions,
such as anywhere the Indoor Clean Air Act applies, or areas designated “smoke-free.”
Recommendation: Staff recommends continuing to monitor complaints, issues and
concerns and considering an ordinance if warranted in the future.
Paraphernalia sales: Current paraphernalia requirements in city code prohibit the
sale/possession of devices intended for consumption of illegal drugs. Since state law no longer
classifies cannabis as an illegal drug, any retail business can now legally sell products for using
cannabis including pipes, papers and bongs.
Recommendation: Staff recommends revision of the city code to align with state law.
Enact a moratorium on cannabis-related businesses: Zoning and definition controls for higher
potency cannabis products and related activities will need to be considered and adopted before
the state launches their license program This moratorium includes cannabis business, including
growing, manufacture, distribution and sales. A moratorium clearly indicates to the market that
the city is considering regulations. Current city business licensing exists for hemp-derived
edibles; these establishments will not be affected by a moratorium.
Recommendation: Staff recommends enacting a moratorium.
Financial or budget considerations: None at this time.
Strategic priority consideration: None at this time.
Supporting documents: Proposed moratorium on cannabis-related businesses
Prepared by: Cindy Walsh, deputy city manager
Reviewed by: City leadership team, Soren Mattick, city attorney
Approved by: Kim Keller, city manager
Special study session meeting of September 18, 2023 (Item No. 1) Page 2
Title: Cannabis update
Discussion
Background:
Adult-use cannabis was legalized in Minnesota on August 1, 2023. Cannabis is currently a
schedule one drug under the Federal Controlled Substances Act of 1970 which means it is illegal
to use for recreational or medical purposes at a federal level. President Biden has recently
engaged in executive action to review the schedule one status of the substance along with an
expungement of federal convictions for simple possession. The State of Minnesota has allowed
for the medical use of cannabis since 2014 and, in 2022, the state legislature authorized the
retail sale of certain edibles and beverages infused with THC extracted from hemp. The
legislation provided limited regulation of these products in Minn. Stat. § 151.72 under the
Board of Pharmacy, including restrictions and requirements on packaging, labeling, amount of
THC and a prohibition on the sale of these products to those under the age of 21. These
regulations were later moved to the Minnesota Department of Health.
While state law generally preempts the authority of cities to pass regulations relating to adult
use cannabis, cities do have the authority to enact zoning, local registration and enforcement
regulations.
On May 30, 2023, Governor Walz signed a bill authorizing adult use of cannabis. The bill was
over 300 pages in length and contains many provisions for the governance of the new law. It
creates two categories of product. The hemp-derived edible products legalized in 2022 will
remain as “lower-potency hemp edibles.” All other products will be regulated as “cannabis
products.”
Officials in the Office of Cannabis Management (OCM) are working to establish an office to
oversee provisions in the law, and engaging in the rulemaking process to specify exactly how
provisions in the bill will work for licensure of production and sales. The OCM is also working to
clarify how the law will interact with other units of government including cities. The OCM has
said it will begin the formal rulemaking to establish the industry and commercial requirements
related to adult-use cannabis and lower-potency hemp edibles. Areas they state will be
addressed through rulemaking include:
• Product labeling and packaging
• Business licensing
• Plant cultivation
• Product testing
• Pesticide and fertilizer use
• Energy and water use
• Cannabis product disposal
• OCM response to municipal
complaints
They further state that they plan to use the Expedited Rulemaking Process outlined in Minn.
Stat. § 14.389 due to high demand. While this process will allow the OCM to complete the
rulemaking process more quickly, the rules may not be approved and in force until 2025.1 No
cannabis business may begin operations until these rules are finalized and OCM begins issuing
1 “Rulemaking Overview | State of Minnesota - Office of Cannabis Management.” Minnesota Office of Cannabis
Management, https://cannabis.mn.gov/rulemaking.html. Accessed 7 September 2023.
Special study session meeting of September 18, 2023 (Item No. 1) Page 3
Title: Cannabis update
licenses. In the meantime, sale of lower-potency hemp edibles will continue largely as it has
since 2022.
The OCM has also provided a list of the parts of the law that are currently in effect. A person
age 21 or older may:
• Use, possess or transport cannabis paraphernalia.
• Possess or transport up to two ounces of cannabis flower in a public place.
• Possess up to two pounds of cannabis flower in a person’s private residence.
• Possess or transport up to eight grams of adult-use cannabis concentrate or resin.
• Possess or transport edible cannabis products or lower-potency hemp edibles infused
with a combined 800 milligrams or less of THC.
• Give away cannabis flower and products to a person 21 or older in an amount legal for a
person to possess in public.2
The City of St. Louis Park’s legislative priorities state that the city recognizes the historical
inequity of enforcement of cannabis regulations and the resulting disparate impact these
policies had on residents of the community. The new law provides for the expungement of prior
convictions for cannabis use and possession, which seals criminal records so they are not
publicly available. Considerations of the equitable implementation of new rules, regulations
and procedures will focus on equity as a guiding principle. According to the OCM:
The legislation calls for automatically expunging low-level cannabis convictions and for
creating a Cannabis Expungement Board, which will review felonies for expungement or
resentencing. Expungement seals a person’s conviction record, making the record not
publicly accessible from the Bureau of Criminal Apprehension. Sealing records is
intended to remove barriers for people with cannabis-related offenses who are subject
to a background check for a job or housing.
The OCM recommends that people who are not United States citizens should seek legal advice
prior to use of any product authorized in the bill.3
In an article from Aug. 9, 2023, the Star Tribune included more detail on provisions in the law
related to equity. They state that:
The law creates a Division of Social Equity within the Office of Cannabis Management,
which is charged with providing outreach and services to communities
disproportionately affected by cannabis prohibition. It also gives higher priority to ‘social
equity applicants’ for cannabis business licenses. They are also eligible for special grants
created by the legislation.
Social equity applicants include: people who were convicted of possessing or selling
marijuana, family members of someone who was convicted of a marijuana offense,
2 “For Adult Consumers | State of Minnesota - Office of Cannabis Management.” Minnesota Office of Cannabis
Management, 1 August 2023, https://cannabis.mn.gov/consumers.html. Accessed 7 September 2023.
3 “Expungement of Criminal Records | State of Minnesota - Office of Cannabis Management.” Minnesota Office of
Cannabis Management, https://cannabis.mn.gov/expungement.html. Accessed 7 September 2023
Special study session meeting of September 18, 2023 (Item No. 1) Page 4
Title: Cannabis update
veterans or active military who lost honorable status due to a marijuana offense,
residents of neighborhoods that ‘experienced a disproportionately large amount of
cannabis enforcement,’ and farmers from underrepresented communities.4
Current policy considerations:
Use in public areas
The new law legalizes use in private residences or on private property that is not generally open
to the public. However, without city action, there is no penalty for use in other public areas.
According to the OCM the law explicitly authorizes individuals over the age of 21 to use
cannabis products:
• In a private residence, including the individual’s yard.
• On private property, not generally accessible by the public, unless the owner of the
property prohibits the use of the products.
• The state law also includes a prohibition on cannabis use and possession in certain
places. A person may not use cannabis flower, cannabis products or hemp-derived
consumer products in a manner that involves the inhalation of smoke, aerosol or vapor
at any location where smoking is prohibited under the Minnesota Clean Indoor Air Act
(MCIAA). Smoking is also prohibited anywhere where secondhand smoke may affect
children. Use and possession of cannabis is prohibited in schools, correctional facilities
and in vehicles.
The League of Minnesota Cities published an article on the topic that states that “cannabis can
be smoked in public places other than public places governed by the MCIAA”. While the law
does not specifically authorize the use of cannabis in public places, it does not create any
penalty for use in a public place other than those governed by the MCIAA. Even for the specific
areas listed above where use is prohibited, it is not clear what the penalty for a violation would
be. If a city would like to prevent the use of cannabis in public places such as in parks or on
public sidewalks, it must adopt an ordinance prohibiting such use and make it a petty
misdemeanor. Cities may adopt a comprehensive ordinance banning all cannabis use in all
public places. Alternatively, the city could adopt a more targeted ordinance, such as only
banning smoking cannabis or only banning use within city parks.
It is widely acknowledged that second-hand smoke is a threat to public health and safety.
Although the law as currently written does not permit the use of cannabis products in public
spaces, effective enforcement of the law requires a penalty.
It is also recognized that establishing a penalty for cannabis product use in public spaces is likely
to fall disproportionately on non-white and other marginalized individuals. This is due in part to
disparities in homeownership rates.
4 DeLong, Matt, et al. “What you need to know about Minnesota's marijuana legalization law.” Star Tribune, 9
August 2023, https://www.startribune.com/minnesota-marijuana-legalization-bill-law-cannabis-cultivation-
dispensaries-business-pot-weed-legal/600275325/?refresh=true. Accessed 7 September 2023.
Special study session meeting of September 18, 2023 (Item No. 1) Page 5
Title: Cannabis update
Currently, the city has received minimal comments/complaints. Most people reaching out have
had questions about the law but complaints about behavior.
Recommendation: Staff recommends continuing to monitor complaints, issues and concerns
and considering an ordinance if warranted in the future.
Enacting a moratorium
Current city business licensing is for establishments selling hemp-derived edibles; currently 11
establishments are licensed. The state will assume licensing for these at some time, along with
licensing several other categories for growing, processing and sales of cannabis. Zoning controls
for these higher-level cannabis growing/sale activities will need to be in place before the state
develops their license program/criteria.
Enacting a moratorium will allow updating of the definition of retail and zoning restriction for
clarity for those coming into the marketplace. A moratorium on cannabis businesses is limited
in duration until January 1, 2025 by the new state law. Note that no cannabis businesses may
open until state licensing begins. This is currently expected to be in spring 2025; however, that
date is not guaranteed and could potentially be sooner if OCM finishes rulemaking ahead of
schedule.
Additionally, community development staff will be discussing zoning regulations with the city
council as part of the housing and neighborhood-oriented development system discussion this
fall.
As noted throughout this report, there are many race, equity and inclusion impacts that need to
be considered to ensure that the policies being established as it relates to cannabis are carefully
researched and considered. One such consideration is established businesses from outside of
Minnesota positioning themselves to capture market share before small, local businesses are
able to develop their business plan. The moratorium will provide staff time to complete this
work thoughtfully while being transparent to the public and potential business owners that the
city is considering regulations.
Recommendation: Staff recommends adopting a moratorium for these expected uses until
zoning controls for location, size, etc. are in place and a cannabis business registration program
(vs. current license) as allowed by the state is adopted. Staff is preparing a draft moratorium for
the October 16, 2023 council meeting.
Paraphernalia sales
Current paraphernalia requirements in city ordinance prohibit the sale and possession of
devices intend for consumption of illegal drugs. It was amended several years ago to specifically
include items that could be used for smoking cannabis. The state law no longer classifies
cannabis an illegal drug, so the selling of products like pipes, papers and bongs is now allowed
by any retail business and possession of these products is no longer a criminal offense. This has
made provisions in the law unenforceable. The provisions for illegal drugs in the section may
continue to be useful for policing and will be reviewed.
Special study session meeting of September 18, 2023 (Item No. 1) Page 6
Title: Cannabis update
Recommendation: Revise the ordinance to accurately reflect state law following the 2024
legislative session, in case of continued changes to state laws.
Future policy considerations:
Local registration
The current hemp-derived edible products sales license and inspection program remains in
place until the council amends the ordinance or when informed by the state that local licensing
is no longer allowed. The state is expected to be ready in early 2025. Currently, 11 retail sales
businesses are licensed in St. Louis Park. These businesses are also required to register with the
Minnesota Department of Health by Oct. 1, 2023, as preparation until the OCM begins
licensing.
The city can develop a registration program for state licensed businesses as a method to review
applicants for compliance with zoning and other local requirements. An adopted ordinance for
a registration program would include an option to limit the number of retail outlets allowed in
the city, provided it would be at least four based on current population (1 per 12,500). A
registration fee could also be adopted for registration within the dollar limits provided by the
state. The fees would be used to offset city costs for processing the registration and local
compliance efforts. OCM is currently developing model ordinances regarding local registration.
Staff will continue to administer the current city ordinance as allowed and proceed to develop a
cannabis registration ordinance with fees to recover costs.
Zoning
Cannabis use and businesses are subject to general zoning requirements. Cities may impose
reasonable restrictions that typically include first identifying in which zoning districts the uses
will be permitted, then establishing specific standards and conditions to mitigate potential
nuisances and safety concerns that may accompany the use. Additional restrictions may include
limits on the hours of operation, separation requirements from residential uses, schools, places
of worship, day cares, parks used by children and other commercial uses including similar
cannabis-related businesses. Zoning will also need to review other sections of the ordinance to
determine if amendments are needed to zoning code definitions, land use descriptions, home
occupation regulations and appropriate conditions to protect against unintended impacts and
nuisances that may be associated with this new use.
The city will also review its administration and enforcement methods that are evident based for
the new uses. For example, cultivation may result in nuisance odors and the city’s regulations
may need to be updated. Additional equipment or staff training or consulting services may be
needed to enforce those new regulations, all of which could have budget impacts.
Racial equity and inclusion considerations will be reviewed while drafting the zoning ordinance.
While we know REI considerations cannot be included in the registration approval process, it
can be considered when analyzing where businesses can locate. For example, concentrating
businesses in one part of the city may have image and odor impacts to the surrounding
neighborhoods. Therefore, it may be more equitable to adopt ordinances that encourage
businesses to be evenly distributed throughout the city.
Special study session meeting of September 18, 2023 (Item No. 1) Page 7
Title: Cannabis update
Community development staff will be discussing zoning regulations with the city council as part
of the housing and neighborhood-oriented development system discussions this fall.
Limiting number of licenses
Cities are allowed to cap cannabis retailer registrations by ordinance to no fewer than one (1)
registration for every 12,500 residents. Cities are not allowed to put a cap on all other cannabis
operations (e.g. wholesale, manufacturing, growing). The state has yet to decide how they are
going to determine the population of a city. This will be an area of future policy discussion and
direction.
Municipal sales
Under the law, cities may pursue an option for municipal sale of cannabis. At this time, city staff
are working with partners to better understand how this change could impact the community
and the ways in which it could affect risk, liability and financial considerations. Final rules for
the establishment of municipal sales and related research is not expected to be completed until
mid-year 2024. The implementation is not expected to occur until sometime in 2025. It is
expected that the state will have more discussion during their next legislative session.
In developing any proposed recommendation relating to the area of municipal sales, city staff
are maintaining a focus on the potential for inequitable outcomes related to the municipal sales
of cannabis. City staff have begun to analyze questions relating to the potential for city
participation in the market. While staff do not have a recommendation at this time, continuing
this research will take considerable effort. Staff requests guidance from council on whether
there is interest in staff continuing to explore municipal sale-related questions.
Next steps:
Based on direction from the city council, staff will:
1. Bring to council the drafted ordinance to enact a moratorium. To provide sufficient time
to review regulations, gather data and input, and review alternatives and opportunities
staff have drafted this moratorium ordinance to prohibit the operation of cannabis-
related businesses within the city until Jan. 1, 2025. This will include scheduling a public
hearing at an upcoming city council meeting.
2. Draft amendments to Chapter 18 of the city code to remove references to products
related to cannabis consumption and bring it back to the city council for adoption after
the 2024 legislative session.
3. Prepare to update the city’s hemp-derived edible products sales license and inspection
program to continue to be in compliance once the OCM is issuing licenses.
4. Take actions as directed by the city council relating to adult use of cannabis in public.
5. Take actions to explore potential municipal sales if directed by council.
Ordinance No. _______
Interim ordinance prohibiting the operation of cannabis businesses
The City Council of the City of St. Louis Park, Minnesota does ordain:
Section 1. Findings and purpose:
A.By enacting 2023 Session Laws Chapter 63, the Minnesota Legislature enacted Minn.
Stat. Ch. 342, legalizing adult-use cannabis and permitting the operation of cannabis businesses and
the sale of cannabis flower and cannabis products for human consumption. This law creates a new
agency, the Office of Cannabis Management, to regulate the sales of cannabis products.
B.The new law does enact some requirements for production, labeling, and testing,
and sale of cannabis products at the state government level. However, the new law creates
uncertainty that will need to be resolved by the passage of further regulations by the Office of
Cannabis Management.
C.The new law establishes that cannabis businesses are subject to a new local
registration system and must comply with local zoning code. The new law provides no guidance on
how cities are to zone the new businesses, leaving it to local control.
D.Pursuant to Minn. Stat. § 342.13, the city is authorized to adopt an interim ordinance
prohibiting the operation of a cannabis business in order to protect the planning process and the
health, safety, and welfare of its citizens. Under Minn. Stat. § 342.13, such ordinance may remain in
effect until January 1, 2025.
E.Pursuant to its general police powers, including but not limited to, Minn. Stat.
§412.221, subd. 32, the city may enact regulations regarding to promote the health, safety, order,
convenience, and the general welfare of the city. This power permits the city to implement a
moratorium to study the selling, testing, manufacturing, and distributing of cannabis products to
determine if regulations are necessary for the sake of good order of the city.
F.The City Council finds that it is necessary to study the application of 2023 Session
Laws Chapter 63, and the products, uses, and businesses related thereto, in order to assess the
necessity for and efficacy of regulations and restrictions relating to the selling, testing,
manufacturing, and distributing of cannabis flower and cannabis products including through zoning
ordinances, in order to protect the public health, safety, and welfare of its residents.
Section 2. Definitions:
The following terms when used in this ordinance shall mean:
Special study session meeting of September 18, 2023 (Item No. 1)
Title: Cannabis update Page 8
Official controls. “Official controls” or “controls” means ordinances and regulations which
control the physical development of the city or any part thereof or any detail thereof and
implement the general objectives of the comprehensive plan. Official controls include
ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes,
building codes, and official maps.
Cannabis Business. “Cannabis Business” has the meaning given in Minn. Stat. § 342.01,
subd. 14, as amended.
Cannabis Flower. “Cannabis Flower” has the meaning given in Minn. Stat. § 342.01,
subd. 16, as amended.
Cannabis Product. has the meaning given in Minn. Stat. § 342.01, subd. 20, as amended.
Section 3. Intent and authorization:
A.It is the intent of this ordinance to allow the City of St. Louis Park time to complete a
study concerning adoption of revisions of the City’s official controls for the manufacturing, testing,
distributing, and selling of Cannabis Flower and Cannabis Products, and the operation of Cannabis
Businesses.
B.City staff is directed and authorized to conduct a study of the City’s official controls
that may need to be adopted or amended to protect the public health, safety, and welfare as they
relate to the manufacturing, testing, distributing, and selling of Cannabis Flower and Cannabis
Products, and the operation of Cannabis Businesses.
Section 4. Moratorium:
A.Pending the completion of the above referenced study and the adoption of
appropriate official controls, the following is prohibited within the city:
The commercial manufacturing, distributing, and selling of Cannabis Flower and Cannabis
Products, and the operation of any Cannabis Business.
B.The city shall not issue any license, permission, or permit related to the
manufacture, distribution, and sale of Cannabis Flower, Cannabis Product, or the Operation of any
Cannabis Business.
C.This moratorium does not apply to the selling, testing, manufacturing, or
distributing of Cannabis Products or Cannabis Flower or the operation of Cannabis Businesses
related to the Medical Cannabis Program as administered by the Minnesota Department of Health,
provided that such activity is done in accordance with the regulations and laws of Minnesota
regarding Medical Cannabis.
Special study session meeting of September 18, 2023 (Item No. 1)
Title: Cannabis update Page 9
Section 5. Enforcement:
The city may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil
remedy in any court of competent jurisdiction. The City Council hereby authorizes the City
Manager, in consultation with the City Attorney, to initiate any legal action deemed necessary to
secure compliance with this Ordinance. A violation of this Ordinance is also subject to the city’s
general penalty in City Code § 1-13.
Section 6. Effective date and term:
This ordinance shall take effect immediately upon its passage and publication by law and shall
remain in effect until January 1, 2025, or until the adoption of the official controls being studied,
whichever occurs first.
Reviewed for administration: Adopted by the city council: _____________
By: __________________________________ By: __________________________________
Kim Keller, city manager Jake Spano, mayor
Attest: Approved as to form and execution:
____________________________________ _____________________________________
Melissa Kennedy, city clerk Soren M. Mattick, city attorney
First reading October 16, 2023
Second reading November 6, 2023
Date of publication November 16, 2023
Date ordinance takes effect December 1, 2023
Special study session meeting of September 18, 2023 (Item No. 1)
Title: Cannabis update Page 10
Meeting: Special study session
Meeting date: September 18, 2023
Written report: 2
Executive summary
Title: Internship and career pathways approaches
Recommended action: No action at this time. The purpose of this report is to inform the City
Council of internships and pathway programs that currently exist.
Policy consideration: None at this time.
Summary: As the US faces workforce shortages, it becomes increasingly important to create
workforce pipelines to maintain the continuity of our services, especially public service. A way
to do that is through providing internships and pathways to government work.
The human resources division is working closely with city departments to strategically
coordinate internship and pathways programs so that that the programs are aligned to
prioritize historically underserved youth, diversify outreach methods and create a workforce
that reflects the demographics of the community.
This report outlines current internship and pathways programs and strategies that have been
identified and implemented to align the recruitment, outreach and programming of the city’s
internship and pathways programs.
Financial or budget considerations: None at this time.
Strategic priority consideration: St. Louis Park is committed to being a leader in racial equity
and inclusion in order to create a more just and inclusive community for all.
Supporting documents: Discussion
Prepared by: Cana Yang, HR coordinator
Reviewed by: Rita Vorpahl, HR director
Cheyenne Brodeen, administrative services director
Approved by: Kim Keller, city manager
Special study session meeting of September 18, 2023 (Item No. 2) Page 2
Title: Internship and career pathways approaches
Discussion
Background:
As the USA faces workforce shortages, it becomes increasingly important to create workforce
pipelines to ensure the continuity of our services. A way to create workforce pipelines is
through providing internships and pathways to government work. By tapping into this strategy,
local governments can commit to serving their local community. Creating a workforce that
reflects the community requires strategically communicating career opportunities to residents
and neighboring communities, and providing opportunities that make a positive impact on
youth.
Although the body of work that is outlined in this report is operational in nature, the impact
this work has on St. Louis Park as an organization as well as the broader community is
important. Staff is excited to apprise the public and city council of the efforts being taken to
align this work with our strategic priority of being a leader in race, equity and inclusion and the
steps being taken to ensure that St. Louis Park is hiring and retaining top talent.
The human resources division is working closely with city departments to strategically
coordinate internship and pathways programs so that that the programs are aligned to
prioritize historically underserved youth, diversify outreach methods and create a workforce
that reflects the demographics of the community.
Present considerations:
Current internship and pathways programs
Internships: On an annual basis, the city offers internships throughout the city. Historically,
internships have been offered in every city department. Some internships are only available
in the summer while others are yearlong opportunities that target current or recent
graduates. These internship positions are posted on the city’s jobs page through NEOGOV
and follow a standard hiring process. They have historically received the same outreach and
recruitment as our regular full-time positions. Since 2018, the city has hired 43 interns.
Jobs in the park: The Jobs in the Park program has been a collaboration between human
resources, the police department, the parks and recreation department and the St. Louis
Park School District to promote summer employment opportunities to 20 high potential,
disenfranchised youth ages 14-18. Participants are identified by respective school resource
officers who then attend a learning session to see if the opportunity is a fit for them. (Now,
this referral will come from the Juvenile Response Officers.) The students are from St. Louis
Park middle school, St. Louis Park high school, Benilde-St. Margaret and Groves Academy
and are placed in aquatic park jobs.
The program provides opportunities for future career success through application support,
interview skills and communication with hiring managers as well as on-the-job skills. For
many, the program serves as their first employment experience. The 2024 budget provides
for an additional $10,000 to increase the opportunity and access for youth to participate in
the program.
Special study session meeting of September 18, 2023 (Item No. 2) Page 3
Title: Internship and career pathways approaches
Pathways to Policing: The St. Louis Park Pathways to Policing program was created in 2016.
It has existed in various forms over the years and provides an opportunity for hundreds of
interested college graduates to explore transitioning into the law enforcement career field
throughout Minnesota. Once hired as trainees, successful candidates are paid full-time
while they attend classes and skills-based training, with their tuition and other expenses
covered as well. This allows the candidates to focus fully on their career change and
education while remaining attentive to their families, their roles as emerging community
leaders and other important responsibilities. In the last couple of years, this program has
been a cooperative effort with many cities promoting the program and interviewing
candidates together. Historically, the city has about a 75% success rate of candidates
passing the program and becoming police officers. Traditionally, the St. Louis Park Police
Department works with one or two Pathways to Policing trainees per year. Given the high
success rate of the program and challenges in hiring more traditional candidates, staff asked
in early 2023 for support from council to hire above sworn levels if qualified Pathways
candidates are available. Council expressed general support and asked for additional
information about anticipated costs exceeding the adopted budget. To date, and due to
staff attrition, police leadership has been able to increase Pathways hires while staying
within the adopted budget. Staff continues to track the need should that change.
Fire cadet programs: The city of Minneapolis offers an Emergency Medical Services (EMS)
Pathways Academy which recruits participants from diverse backgrounds and communities
and provides training to become an Emergency Medical Technician (EMT). This program has
allowed fire departments in other cities and counties to recruit program graduates into a
cadet program to prepare them for a career in firefighting. Recognizing that this program
provides access and opportunity an underserved portion of the community, St. Louis Park
Fire Department (SLPFD) wanted to use the program a model for training fire fighters.
As approved in the 2023 budget, SLPFD partnered with human resources to put together an
in-house cadet program. Due to the relationships built with interested candidates through
Minneapolis’ program, SLPFD plans to fill out the program with 3 recruits.
This two-year internship-style program will provide the necessary certification, training and
skills to be eligible for a full-time position as a firefighter/EMT. It will also provide
participants with a livable wage and benefit package during the program. While the
program does not guarantee a full-time position within SLPFD, program participants will
have the necessary experience and certification to find full-time employment.
Realignment and new approaches
In 2023, the human resources division established a new position with a focus on outreach,
engagement and recruitment. A primary focus has been the coordination and alignment of the
city’s internships and pathways programs. The following strategies have been identified and, in
some cases, implementation has begun to align the recruitment, outreach and programming of
our internship and pathways programs.
Outreach and recruitment: One of the most crucial ways to increase an applicant pool and
expand reach is to identify outreach and recruitment strategies. This year, the ways in
Special study session meeting of September 18, 2023 (Item No. 2) Page 4
Title: Internship and career pathways approaches
which internship opportunities have been advertised through job sites have been expanded
and new career fairs have been attended. This has led to an increase in our applicant pool
and increased our scope of reach to potential candidates. The city also attended several job
fairs at universities as well as the well-attended People of Color Career Fair to increase
exposure and recruitment efforts. Since implementing these efforts there has been a 150%
increase in the number of applications that have been received comparing 2022 to
September 2023.
Embedding Race, Equity and Inclusion (REI) in hiring process: In 2023, updates to the hiring
and interview processes were made to ensure REI was embedded. This was done by
updating all job descriptions with standard REI language that was co-created with the REI
director, developing a list of interview panelists who have taken REI-based interview
training, supporting hiring managers through interview panels that include a range of
experience and expertise and ensuring that REI questions are a part of the interview
process.
Development of cohesive internship programming: To achieve our hiring goals, it is
important that the interns who choose to work for St. Louis Park have a meaningful
experience. One the ways that has been identified to do this is to develop a cohesive
internship program that engages interns outside of their day-to-day intern assignments by
providing additional networking opportunities with each other and staff from across the city
and additional training and leadership development opportunities. Initial programming was
implemented this summer, such as a lunch-and-learn with human resources and the city
manager. Interns were also encouraged to attend training opportunities offered to all staff,
including the REI Year of Learning and True Colors personality training, along with
participation in employee resource groups. There are more opportunities to expand this
work in 2024 and beyond.
Realignment of the Jobs in the Park program: As described above, the Jobs in the Park
program has been a collaboration between the parks and recreation and police
departments and the human resources division. However, the oversight of the program has
moved between parks and recreation and human resources. In order to better align the
work with existing programming, a collaborative decision was made to shift the oversight of
the program to human resources. This will allow for outreach and recruitment efforts to be
expanded and the alignment of the overall intern experience with the other internship
programming that is being developed.
Partnerships with local internship and pathways programs: Staff are currently exploring
opportunities to partner with other agencies and organizations that have developed
successful internship programs and have proven results. Partnering with these programs
provides an opportunity to expand our existing programming in ways that advances hiring
goals.
Next steps: Overall, 2023 has served as a transition and level-setting year for our internships
and pathways programming. In the coming year, staff plans to monitor, expand and adjust the
strategies listed in this report as necessary, develop measures and track progress and continue
to learn about best practices and stay up to date on trends.
Meeting: Special study session
Meeting date: September 18, 2023
Written report: 3
Executive summary
Title: Update on the Via Sol development – Ward 2
Recommended action: None recommended at this time. This report provides an update on the
Via Sol development and provides background information related to anticipated requested
amendments to the planned unit development and contract for private development.
Policy consideration: For the future: Is the EDA/council willing to consider potential contract
and PUD amendments to enable the Via Sol development to secure its final certificate of
occupancy and certificate of completion (such as allowing for the removal of certain required
sustainable components) to enable it to be sold?
Summary: PLACE E-Generation LLC’s (the “developer”) Via Sol development, located at 5855
State Highway 7, received a temporary certificate of occupancy (TCO) in July 2022. As a result of
the developer’s default under the documents relating to the bonds issued for a portion of the
project, at the request of bondholders, Hennepin County District Court appointed Maxwell Bay
Advisors LLC (the “receiver”) as receiver in November 2023 to oversee the building’s finances,
final completion and lease-up on behalf of the bond holders. A receiver is a person appointed
as custodian of an entity’s property, finances, or general assets.
The receiver has provided an update related to the construction status and lease-up of the Via
Sol building, which is attached to this report. Given the remaining challenges, the receiver is
requesting relief from certain contractual requirements in order for the development to receive
its final certificate of occupancy from the city and certificate of completion from the EDA.
Receipt of these certificates is currently contingent on installation of wind turbine and solar
panels on the apartment building, a solar canopy over the surface parking lot, and construction
of an E-generation facility next door as well as demonstrate that it used commercially
reasonable efforts to meet LEED certification for the development.
In mid-August 2023, the receiver listed Via Sol for sale. Staff met with the receiver on
September 8 to discuss the outstanding items required under city and EDA contracts that need
to be resolved before the certificate of occupancy and certificate of completion can be issued
and the potential delivery of the TIF note to the developer.
Financial or budget considerations: Financial considerations related to the potential issuance
of the developer’s TIF note and the remaining balance owed on the subordinate loan provided
by the EDA to fund the developer’s property purchase from the EDA are yet to be determined.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Discussion
Memo from receiver
Prepared by: Jennifer Monson, redevelopment administrator
Reviewed by: Greg Hunt, economic development manager
Karen Baron, community development director; EDA executive director
Approved by: Kim Keller, city manager
Special study session meeting of September 18, 2023 (Item No. 3) Page 2
Title: Update on the Via Sol development – Ward 2
Discussion
Background:
The EDA and PLACE E-Generation One, LLC entered into a purchase and redevelopment
contract on May 1, 2017, (as amended seven times, the “redevelopment contract”) for the
redevelopment of the property to the north and south of the proposed Wooddale Avenue LRT
station. At the same time, the city council approved a planned unit development to create the
zoning for the development.
In 2019, the purchase and redevelopment contract and planned unit development zoning
district were amended to only include redevelopment north of the Wooddale Avenue LRT
station. Per the contract and the zoning requirements, the developer was required to construct
the following:
• A five-story, mixed-use, mixed-income building with 217 dwelling units including eight
live/work units, and approximately 5,000 square feet of commercial space.
o 22 units affordable at 50% area median income
o 130 units affordable at 80% area median income
o 65 market rate units
o Rooftop solar generation and a rooftop helical wind turbine
• E-generation/greenhouse facility including an anaerobic digester and vertical
greenhouse for urban agriculture.
• A one-acre urban forest located parallel to the Cedar Lake LRT Regional Trail
• 220 parking spaces, including 99 underground, 56 surface, and 65 on-street parking
spaces including five car-share spaces.
The EDA agreed to subordinate certain provisions of the redevelopment contract to the
developer’s financing.
Construction of the Via Sol development began in January 2020 and, after some delays, the city
issued a temporary certificate of occupancy (TCO) in July 2022. All components of the mixed-
use building (building, parking, and urban forest) are complete, except for the installation of
rooftop solar panels, a solar canopy over the surface parking and the helical wind turbine.
These items are required under the planned unit development official exhibits to receive a final
certificate of completion for Via Sol. These are also required under the construction plans
submitted for the minimum improvements. Compliance with the construction plans submitted
by the developer to the EDA is required in order for the developer to receive a certificate of
completion under the redevelopment contract.
Construction has not commenced on the E-generation and greenhouse facility. PLACE E-
Generation LLC had intended to fund all energy generation facilities, including Via Sol’s solar
panels, solar canopy, and wind turbine with a separate funding source. The developer was
unable to secure additional financial resources to complete all components of the project, and
the building’s bond holders are unwilling to assume additional debt for the project. Despite the
outstanding sustainable components noted above, the building largely complies with the city’s
Green Building Policy. Yet to be completed is the commissioning process which assures that all
the building’s systems are operating as originally designed.
Special study session meeting of September 18, 2023 (Item No. 3) Page 3
Title: Update on the Via Sol development – Ward 2
In addition, the developer has paid $422,470 on the loan that the EDA provided to the
developer for the sale of the land. The remaining principal balance of the loan is $552,530. This
loan is subordinate to the developer’s other sources of funding.
Compared to other housing developments in St. Louis Park, initial lease-up of Via Sol has been
very slow. This has caused significant cash flow difficulties for the project. As a result, Hennepin
County District Court appointed a receiver in November 2022 to oversee the building’s finances,
final completion and lease-up on behalf of the building’s financial lenders.
Via Sol is being managed by Roers Companies and, to date, the building is 64% leased and
occupied. Of those, 19 out of 22 (86%) of the units affordable at 50% AMI are leased, 80 out of
130 (61%) of the units affordable at 80% AMI are leased, and 39 out of 65 (69%) of the market
rate units are leased. The building exceeds the requirements of the city’s Inclusionary Housing
Policy and has submitted all required documentation to demonstrate compliance with the
policy. The units affordable at 80% AMI are required as part of the approved redevelopment
contract but exceed the requirements of the Inclusionary Housing Policy. These 80% AMI units
are tied to the 501(c)3 non-profit conduit revenue bonds that were issued for the project and
are required by other project funders.
Attached to this report is an update from Via Sol’s receiver recounting the development’s
construction status and leasing challenges including size and price of units, difficulties renting
80% AMI units, lack of in-unit washers and dryers, as well as lack of off-street parking (surface
or underground).
Present considerations:
Given the remaining challenges, staff anticipates that the receiver and lenders will request
relief from certain contractual requirements in order for the Via Sol development to receive its
final certificate of occupancy from the city and certificate of completion from the EDA. Receival
of these certificates is currently contingent on installation of a wind turbine and solar panels on
the apartment building, a solar canopy over surface parking, construction of an E-generation
facility next door as well as a demonstration that it used commercially reasonable efforts to
meet LEED certification for the development.
To allow for the issuance of the final certificate of occupancy from the city, an amendment to
the planned unit development would need to be approved by the city council to allow the
removal of the rooftop solar panels and rooftop helical wind turbine. In addition, the receiver
and lenders will likely request an amendment to the E-generation and greenhouse site to
remove those uses as a primary use on the lot and extend the surface parking lot west to
provide additional off-street parking for the Via Sol building and ask for relief from construction
of the solar canopy over the parking lot.
To allow for the issuance of the certificate of completion from the EDA, an amendment to the
purchase and redevelopment contract would need to be approved to remove the E-generation
facility component from the definition of “minimum improvements”. In addition, the EDA will
need to receive the following items prior to issuance of the certificate of completion:
• Final certificate of occupancy from the city; and
Special study session meeting of September 18, 2023 (Item No. 3) Page 4
Title: Update on the Via Sol development – Ward 2
•Demonstrated compliance with city’s Green Building Policy which requires completion
of building commissioning and submittal of a list of all sustainable components included
in the “minimum improvements”.
•Staff anticipates that the receiver will also request that the EDA deliver the TIF note
which requires the delivery of a certificate of completion. Discussions will also consider
repayment of the EDA’s subordinate loan to the developer that was used to finance the
developer’s acquisition of the land for the project.
Next steps:
If the receiver makes certain requests for amendments, and if the EDA and city council are
willing to consider such requests, staff will bring the requested amendments forward for the
EDA and city council’s consideration.
M EMO
To: St. Louis Park Economic Development Authority and City of St. Louis Park, MN
From: Ray Wallander, Maxwell Bay Advisors (the “Receiver”)
Date: September 6, 2023
Re: Update on Place Via Sol
Background
On December 28, 2018, the City of St. Louis Park, Minnesota (the “City”) issued its Housing
Revenue Bonds (Place Via Sol Project) Series 2018 (Green Bonds) in the principal amount of
$43,650,000 (the “Bonds”), at the request of Place E-Generation One, LLC (the “Borrower”), to
finance the acquisition, construction and furnishing of mixed-use, mixed-income, multifamily housing
apartment building in St. Louis Park called “Place Via Sol” (the “Project”). The City loaned the
proceeds of the Bonds to the Borrower pursuant to the terms of a Loan Agreement dated as of
December 1, 2018. The proceeds of the Bonds also funded capitalized interest on the Bonds,
certain reserves and costs of issuance.
The Project
The original plan for the Project, as set forth in the Official Statement for the Bonds, included
an approximately 258,683 sq ft building with 217 mixed affordable, work force and market rate units
with above and below ground parking located at 5725, 5815 and 5925 Highway 7 and 3520
Yosemite Avenue South, St. Louis Park, Minnesota. The original owner of the Project also funded
costs of an approximately 5,397 ft retail space adjacent to the building.
The Official Statement provided the following further details on the Project:
•57 market rate apartments and 8 market rate live-work apartments,
•22 units reserved for residents with incomes at or below 50% AMI,
•132 units reserved for residents with incomes at or below 80% AMI,
•2018 total parking spots consisting of 97 underground parking, 56 above ground parking and
65 permitted street parking.
According to the Official Statement, the Project was to commence construction on or around
December 1, 2018 and complete construction on or around January 1, 2020. The Borrower
intended to apply for LEED certification upon completion of the Project.
Related Project
The Official Statement also noted that the Project was part of a larger mixed-use
development, which would include an e-generation facility with commercial scale greenhouses,
artisan work space, reforested acre, selected service hotel, a maker’s space, a bike shop and public
Special study session meeting of September 18, 2023 (Item
No. 3) Title: Update on the Via Sol development - Ward 2 Page 5
benefit community spaces. This larger development was not financed with the proceeds of the
Bonds and was, according to the Official Statement, contingent on subsequent financing that had not
been obtained.
Building Construction Status
Although all the facts are not currently known to Receiver, to the Receiver’s knowledge,
construction of the Project was significantly and materially delayed due to design issues. After an
almost year delay, construction commenced in January 2020. In early 2021, the Borrower informed
the trustee and holders of the Bonds that there were cost overruns on the Project in the amount of
$7.1 million and that the Borrower required additional funding. Additionally, it informed the holders
and trustee that the general contractor had “walked off” the job as a result of the lack of funding and
therefore there was work stoppage.
At the request of the holders of the Bonds, the trustee engaged a third party construction
monitor to review the costs for completion. As a result of such diligence, it was determined that the
cost of completion was $20 million. In January 2022, the Borrower borrowed an additional $20
million through completion bonds.
The building was deemed substantially complete around July 28, 2022 and received its
temporary certificate of occupancy. However, during the process of receiving the temporary
certificate of occupancy, the holders of the bonds learned that the completion of certain additional
green infrastructure (solar on the roof of the Project, a solar canopy and a wind turbine) that was part
of the larger development, and not funded in the project budgets for the original Bonds or the
Completion Bonds, was necessary in order to obtain the final certificate of occupancy.
All contractors relating to the construction of the Project have been paid in full with the
exception of certain contractors to whom retainage may be due but who have been unresponsive to
attempts to obtain invoices and remit payments. The Receiver suspects that some of these
contractors may no longer be in business, based upon the lack of response after attempts to make
payment. The total amount owed to such non-responsive contractors in retainage is less than
$80,000.
The Borrower had originally planned to obtain LEED certification. However, funds necessary
for the process were used by the Borrower to fund ongoing construction shortfalls. The Receiver
has contacted the Project’s architect and the engineering firm that had previously been engaged for
commissioning and LEED certification work. The architect believes that some aspects of the Project
may already meet LEED certification and simply need the engineers to verify this. The engineering
firm believes that the cost of the engineers completing commissioning work is approximately
$15,000 and the cost of LEED certification work is approximately $25,000. Please note that these
numbers are estimates and relate only to the engineering work, and that there may be additional
costs associated with completion of this work, to the extent that either of commissioning or LEED
certification requires additional work by other contractors. While the Receiver has a degree of
confidence that the work associated with completion of commissioning work is likely not material, the
Receiver is very concerned that LEED certification for some features of the Project may carry
significant additional costs and involve material work by other contractors. To that end the Receiver
is not prepared to give an estimate for full LEED certification, given the inability to ascertain such
numbers prior to the engineers conducting their work. The Receiver believes that it is in the best
interests of the project to complete the commissioning work, but stops short of any commitment to
full LEED certification without knowledge of the cost or the long term economic benefit to the Project.
It may well be that full LEED certification of the building is beyond what the Project can afford.
Management
Special study session meeting of September 18, 2023 (Item No. 3)
Title: Update on the Via Sol development - Ward 2
September 6, 2023
Page 2
Page 6
There were a number of challenges to the operations even prior to substantial completion. In
February 2022, as the building was nearing completion, MetroPlains Management, LLC – the
original property manager – terminated its contract due to conflicts with the principals of the
Borrower. The Borrower began a process of finding a new manager to operate and manage the
building and develop an operating budget for the Project. During this process, it became apparent
that the rent prices set forth in the Official Statement and the Borrower’s budget were overly
optimistic, significantly above market comparisons and not reflective of the quality and size of the
units. After an extensive search, Roers Companies was engaged to management the property and
provided feedback regarding the need to reduce rents in order to achieve lease up.
Receivership
By the fall of 2022, the trustee and the holders had lost confidence in the ability of the
Borrower and its principals to operate and manage the Project. Rather than any one event, it was a
culmination of numerous examples of mismanagement and events of default under the bond
documents. On September 29, 2023, the trustee filed an action to appoint a receiver, Ray
Wallander of Maxwell Bay Advisors, LLC, whose appointment become effective November 3, 2023.
Leasing Challenges
At or around the time of receipt of the temporary certificate of occupancy, the Borrower
provided a lease up schedule that suggested that Place Via Sol would be 95% leased by December,
2023. When the Receivership complaint was filed, the Project only had applications with respect to
7% of the units.
After the Receiver took possession, it became apparent that the rents were being held at
above market rates. At the advice of the property manager, and after lengthy consultation with the
Receiver, several reductions to the rental rates and numerous concessions were offered to increase
the pace of lease up. Ultimately, rents were reduced 10% to 42% depending on unit type –
resulting in a 36% reduction in operating revenues. For example, market rate studio units were
lowered from $1,464 set forth in Official Statement to $1,250 (a 15% reduction) and some of 80%
studios were lowered from $1,375 to $900 (nearly 42% reduction).
The mix of units and affordability has been a challenge. Approximately 38% of the units are
studios and 33% of units are 1 bedrooms. Of all the units, 21% are 80% studios and 20% are 80%
one bedrooms. Those two units types remain the most difficult to market – the size of most of the
80% studio is 422 square feet and the 80% one bedrooms are 577 square feet. These units are
very small, do not have in unit washer dryers and are not suited to the demographic that has been
expressing interest in the Project and have presented the greatest leasing challenge.
Despite the challenges of the Project, it has experienced good leasing momentum in the
summer of 2023, after all the rent reductions and concessions. As of September 6, 2023, the
Project is approximately 60% occupied (the Project was approximately 70% occupied in August
before the leases on 26 short term corporate housing units expired). However, the leasing success
has been blunted by the difficulty leasing the 80% AMI studios and one bedroom units. As of the
Property Manager’s 9/5/23 rent roll, residents occupy only 18 of 58 (approximately 31%) of 80%
studios and only 26 of 51 (approximately 50%) of the 80% one bedroom apartments. The
challenges are a result of the fact that many residents that qualify would like larger units, with in unit
washer/dryers and many residents that are interested are over the 80% AMI threshold and do not
qualify due to the 80% AMI restriction. With rent reductions and concessions, the Project has found
leasing momentum in most other unit types, but this has not been without a material hit to the gross
potential rent, which has fallen by approximately 30% after giving effect to rent reductions and
concessions. As noted below, while there is good reason to believe the Project will continue to
Special study session meeting of September 18, 2023 (Item No. 3)
Title: Update on the Via Sol development - Ward 2
September 6, 2023
Page 3
Page 7
The Project will also soon run into a parking issue. Although the Official Statement stated
that there would be 217 parking spots, there are only 153 parking stalls. With the delay of the light
rail, most residents require parking. The inability to offer parking will hamper additional lease up
after about 70% occupancy.
Since obtaining the temporary certificate of occupancy, the Project has had a significant
operating loss. The holders of the Bonds have used funds securing their Bonds to fund operational
losses at the Project. To date, they have funded approximately $2 million to cover losses.
Additionally, there were insufficient funds to pay property taxes that became due on May 1, 2023 –
without the TIF in place, it will be difficult for the property to break even in the short term.
Sales Process
As a result of the numerous challenges this property faces and the ongoing operating losses,
the Receiver engaged Marcus and Millichap to conduct a sale of the Project. Initially marketing
materials were distributed in early August. Through August and early September, the Receiver and
broker have been conducting tours to prospective buyers. 84 companies signed NDAs and 11
companies have toured the property. Calls for initial offers are due September 12, 2023 and it is
likely that the broker will conduct a best and final round after that. Some of the issues that the
buyers have inquired about are (1) the parking, (2) TIF, (3) the 80% income limitation and (4) the
ability to add washers/dryers to the 80% units.
Special study session meeting of September 18, 2023 (Item No. 3)
Title: Update on the Via Sol development - Ward 2
September 6, 2023
Page 4
have measured success in leasing up the building, the absence of sufficient parking will limit
occupancy in excess of approximately 70%.
Page 8
Meeting: Economic development authority
Meeting date: September 18, 2023
Minutes: 3a
Unofficial minutes
EDA meeting
St. Louis Park, Minnesota
Sept 5, 2023
1. Call to order.
President Mohamed called the meeting to order at 6:24 p.m.
a. Roll call.
Commissioners present: President Nadia Mohamed, Tim Brausen, Sue Budd, Lynette Dumalag,
Yolanda Farris, Margaret Rog
Commissioners absent: Jake Spano
Staff present: City manager (Ms. Keller), deputy city manager (Ms. Walsh), economic
development manager (Mr. Hunt), finance director (Ms. Cruver), executive director/community
development director (Ms. Barton), housing supervisor (Ms. Olson), city attorney (Mr. Mattick),
planning manager (Mr. Walther), communications and technology director (Ms. Smith)
2. Approve agenda.
It was moved by Commissioner Brausen, seconded by Commissioner Rog, to approve the EDA
agenda as presented.
The motion passed 6-0 (Commissioner Spano absent).
3. Minutes.
a. EDA meeting minutes of Aug 21, 2023
It was moved by Commissioner Rog, seconded by Commissioner Brausen, to approve the EDA
meeting minutes of Aug. 21, 2023, as presented.
The motion passed 6-0 (Commissioner Spano absent).
4. Consent items.
a. Resolution no. 23-19 approving third amendment to affordable housing redevelopment
contract and related documents with Beltline Station LLC – Ward 1
b. Approve EDA disbursements for period ending August 25, 2023
Economic development authority meeting of September 18, 2023 (Item No. 3a) Page 2
Title: Economic development authority meeting minutes of September 5, 2023
Commissioner Brausen noted the first resolution was required related to technical adjustments
by the lender related to the Beltline Station project. He added the $90,000 EDA disbursements
looks like money well spent.
Commissioner Rog thanked Commissioner Brausen for his comments and added there are no
significant changes to the Beltline project with approval of this resolution.
It was moved by Commissioner Budd, seconded by Commissioner Farris, to approve the consent
items as presented.
The motion passed 6-0 (Commissioner Spano absent).
5. Public hearings – none.
6. Regular business – none.
7. Communications and announcements – none.
8. Adjournment.
The meeting adjourned at 6:28 p.m.
______________________________________ ______________________________________
Melissa Kennedy, EDA secretary Nadia Mohamed, EDA president
Meeting: Economic development authority
Meeting date: September 18, 2023
Consent agenda item: 4a
Executive summary
Title: Resolution approving amendment to sub-grantee agreement between the EDA and
CommonBond related to Rise on 7 – Ward 2
Recommended action: Motion to adopt EDA resolution approving an amendment to the sub-
grantee agreement between the EDA and CommonBond related to its Rise on 7 development.
Policy consideration: Does the EDA support the proposed amendment to the sub-grantee
agreement with CommonBond Communities extending the grant term and updating the
affordability levels for the Rise on 7 development to match the final numbers?
Summary: In November 2020, the EDA was awarded a Livable Communities Demonstration
Account (LCDA) grant from the Met Council on behalf of CommonBond Communities for its Rise
on 7 development. On January 3, 2022, the EDA entered into a sub-grantee agreement with
CommonBond Communities formalizing the terms for the distribution of the Met Council grant
funds. Per that agreement, the $1,430,000 grant award was to be used for property acquisition,
stormwater, rain garden and a public sidewalk. The grant period terminates December 31,
2023.
The Rise on 7 development is currently under construction and is anticipated to be complete in
the fall of 2023. Since the installation of the rain garden and public sidewalk will be some of the
final items completed the Met Council has agreed to extend the term of the Rise on 7 LCDA
grant to allow for reimbursable expenses through December 31, 2024. The Met Council also
agreed to amend the original housing affordability levels in the development to match the
project’s final levels of affordability which are: 19 units at 30% AMI, 22 units at 40% AMI, 21
units at 50% AMI and 58 units at 60% AMI.
The EDA’s legal counsel recommends an amendment to the sub-grantee agreement to reflect
the amended grant agreement with the Met Council. The EDA’s legal counsel drafted the
proposed amendment and recommends its approval.
Financial or budget considerations: The LCDA grant award is $1,430,000. There is no match
requirement for LCDA development grants. The EDA simply serves as the conduit for the grant
funds.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: 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 September 18, 2023 (Item No. 4a) Page 2
Title: Resolution approving amendment to sub-grantee agreement between the EDA and CommonBond related to
Rise on 7 – Ward 2
EDA Resolution No. 23-_____________
Resolution approving a first amendments to grant agreement and
loan agreement
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 the Metropolitan Council (the “grantor”) entered into a Livable
Communities Demonstration Account development grant agreement, grant number SG-14542, on
December 3, 2020 (the “grant agreement”), pursuant to which the authority was awarded
$1,430,000 (the “grant funds”) to fund stormwater management, holding costs, and site
acquisition (“grant-eligible activities”) for a mixed-use development on certain property within
the City of St. Louis Park (the “development”) to be developed by CB SLP Housing Limited
Partnership, a Minnesota limited partnership (the “developer”) on behalf of CommonBond
Communities.
(b) On January 3, 2022, the authority and the nonprofit entered into a sub-grantee
agreement which detailed the parties respective responsibilities in regard to the grant funds,
which was superseded by a certain loan agreement, dated July 1, 2022, between the authority and
the developer (the “loan agreement”), pursuant to which the authority agreed to loan the grant
funds to the developer to finance the grant-eligible activities (the “loan”). The loan was secured by
a promissory note (the “note”) and a mortgage (the “mortgage”), both from the developer to the
authority and dated July 1, 2022.
(c) On July 1, 2022, the authority and the developer entered into certain
subordination agreement with JLL Real Estate Capital, LLC, a Delaware limited liability company
(the “senior lender”), pursuant to which the authority agreed to subordinate its rights under
the loan agreement, the note and the mortgage to the senior lender.
(d) On behalf of the developer, the authority has requested, and the grantor has
approved, an amendment to the grant agreement to revise the project summary and to extend
the term of the grant agreement to allow for completion of the development, all as reflected in
that first amendment of Metropolitan Livable Communities Act Livable Communities Account
development grant agreement (the “amended grant agreement”).
(e) The authority and the developer now desire to revise the loan agreement to reflect
the changes to the amended grant agreement, as such, the authority has caused to be prepared a
first amendment to loan agreement (the “amended loan agreement”).
(f) The board has reviewed the amended grant agreement and the amended loan
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.
Economic development authority meeting of September 18, 2023 (Item No. 4a) Page 3
Title: Resolution approving amendment to sub-grantee agreement between the EDA and CommonBond related to
Rise on 7 – Ward 2
Section 2. Approval of documents.
(a) The board approves the amended grant agreement and the amended loan
agreement 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 amended grant agreement
and the amended loan agreement (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
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 September 18, 2023
Karen Barton, executive director Nadia Mohamed, president
Attest
Melissa Kennedy, secretary
Meeting: Economic development authority
Meeting date: September 18, 2023
Action agenda item: 6a
Executive summary
Title: Resolutions to adopt 2024 HRA and EDA levies
Recommended action: Motion to adopt resolutions approving 2024 HRA and EDA levies
Policy consideration: Does the EDA support the proposed overall preliminary levy increase of
7.7% that includes the following components:
1. Housing Redevelopment Authority (HRA) levy equal to $1,744,133
2. Economic Development Authority (EDA) levy equal to $877,000
Summary: This report summarizes the overall levy; however, the EDA only has approval
authority over the HRA and EDA levies. Included in this report is information pertaining to the
2024 preliminary property tax levy. Council held its preliminary budget discussions on Aug. 7
and 28, 2023 and, at that time, instructed staff to move forward with preparing a preliminary
general levy increase of 7.7%. As the 2024 budget process continues staff will continue to have
discussions and provide more information prior to the Dec. 4, 2023 public hearing and final
adoption on Dec. 18, 2023. Once the preliminary levy is set, it can be decreased but not
increased. The city manager will continue to work with directors to finalize recommendations
and provide additional information to council and the EDA.
Financial or budget considerations: The proposed levies will help support necessary city
services to be provided during 2024.
Strategic priority consideration: None at this time.
Supporting documents: Discussion
Resolution (HRA levy)
Resolution (EDA levy)
Prepared by: Amelia Cruver, finance director
Reviewed by: Cheyenne Brodeen, administrative services director
Approved by: Kim Keller, city manager
Economic development authority meeting of September 18, 2023 (Item No. 6a) Page 2
Title: Resolutions to adopt 2024 HRA and EDA levies
Discussion
Background:
On Aug. 7 and 28, 2023 staff met with the city council to discuss recommended spending and
associated revenue levels to support the Capital Improvement Plan, long-range financial plan
and new budget proposals. Recommendations in the proposed 2024 budget are based on
maintaining high-quality services and advancing city priorities while also making best use of
public dollars.
Present considerations:
Since then, staff have identified two adjustments that need to be made to portions of the total
levy. Staff are recommending offsetting adjustments to maintain a 7.7% preliminary levy
increase and will continue to work over the coming months at lowering the final levy increase
which will be voted on Dec. 18, 2023.
HRA levy adjustment
The HRA levy is set at the maximum amount allowed under statute, 0.0185 percent of
estimated market value of the city. In the Aug. 28, 2023 presentation to council, a preliminary
estimate of that maximum was used. That estimate was $1,858,489. Since then, the county has
refined their numbers and released official maximums for all cities in its jurisdiction resulting in
a maximum HRA levy for St. Louis Park of $1,744,133, which is a decrease of $114,356 from the
projected amount. This adjustment has been made in the preliminary levy table below.
In order to hold the housing budget harmless, staff recommends increasing the general fund
levy by the same amount. This allows for the same amount of revenue available to housing
projects and programs as was presented in the Aug. 28, 2023 presentation and adheres to all
statutory restrictions on the HRA levy.
Debt service levy adjustment
The debt service levy must be set at the amount needed to pay debt service obligations due in
2024. After an analysis of funds available in the debt service funds it was determined that a levy
of $6,292,503 was needed, $70,310 less than what was presented on Aug. 23, 2023. This
adjustment has been made in the preliminary levy table below.
Staff recommends adding $70,000 to the maximum general fund levy. This will add to the
resources available to address any emerging operational needs that may come up in the coming
months before the levy is adopted in December. Between now and final levy adoption, staff will
continue to respond to council directions, hold system discussions and receive presentations on
TIF districts and administrative and utility fees. Preserving this extra room to address any
operational needs that come up between now and approval in December is recommended. If
no additional operating needs materialize, this amount can be reduced from the final levy,
resulting in an all-inclusive increase of 7.5%.
Economic development authority meeting of September 18, 2023 (Item No. 6a) Page 3
Title: Resolutions to adopt 2024 HRA and EDA levies
Recommended Adjusted Preliminary Levy 2024
Fund 2023 Adopted 2024 Proposed
General Fund 32,041,296 34,332,010
Capital Replacement Fund (building and IT
infrastructure) 1,646,142 2,177,793
Park Improvement Fund 860,000 860,000
Employee Benefits Fund 150,000 200,000
Subtotal General Levies 34,697,438 37,569,803
Debt Service Levy 6,362,813 6,292,503
General and Debt Service Levies 41,060,251 43,862,305
Housing Redevelopment Authority Levy 1,582,696 1,744,133
Economic Development Authority Levy 500,000 877,000
Total Property Tax Levy 43,142,947 46,483,438
The Housing Redevelopment Authority (HRA) and Economic Development Authority (EDA)
levies must be adopted by both the EDA and city council and will travel as separate resolutions
to achieve that goal. General and debt service levies must be adopted by city council and they
will be in a standalone resolution.
Property tax increase impact by property type
The city’s portion of property tax paid by individual property owners is determined by the levy
as approved by council and the market value of all properties within the city. Looking ahead to
taxes payable in 2024, the market values of industrial and commercial properties are growing
faster than residential. This will result in an increase in property tax bills for residential
properties that is less than the overall property tax increase.
The median home value is $373,300, a 0.4% increase from the previous year. A 7.7% levy would
result in an increase of 4.3% for a single-family homeowner at the median value with a
homestead exemption. This will result in an estimated $67.26 annual property tax increase for
the median priced home of $373,300, or $5.61 per month, in 2024.
Estimated percent changes in annual property tax under a 7.7 % levy for different types of
residential properties are listed below. All but two are growing well below the 7.7% growth in
the levy. Condominiums have experienced larger growth in value from 2023 into 2024 which is
resulting in an increase of 13.8%. The 10% increase to class C apartments is due to the
increased sale prices in this class as well as renovations to units.
Economic development authority meeting of September 18, 2023 (Item No. 6a) Page 4
Title: Resolutions to adopt 2024 HRA and EDA levies
Median Value
for Pay 2024
Pay 24
Estimated
Property Tax
(City)
Percent
Change Pay
23 vs Pay
24
Single Family Residential, 1st Quantile 288,900 $1,235.34 3.6%
Single Family Residential, Median 373,300 $1,644.64 4.3%
Condominiums 208,800 $846.90 13.8%
Townhomes 260,700 $1,098.59 -1.5%
Apartments - Class C 124,000 $689.61 10.0%
Apartments - Class B 192,200 $1,068.90 3.9%
Apartments - Class A 280,500 $1,559.97 3.6%
Next steps:
2024 budget development calendar
August 7 General fund budget and American Rescue Plan Act (ARPA): projections at
current service level, staff priorities for general fund changes, update on
potential one-time capital grant program
August 28 Proposed 2024 budget: revised general fund, long range financial plan,
capital improvement plan, EDA and HRA levies
September 18 Preliminary levy adoption
October* Fee adoption and hearing
October –
November*
Tax Increment Financing management report
November 27 Review final budget and levies prior to Truth in Taxation hearing
December 4 Truth in Taxation hearing
December 18 2024 budget adoption
*Specific dates are TBD
In October the council will review the TIF management report which will present options for
district decertification over the next few years. Work can be done to plan levy increases over
the long term with decertification years to minimize property tax bill increases to property
owners.
Economic development authority meeting of September 18, 2023 (Item No. 6a) Page 5
Title: Resolutions to adopt 2024 HRA and EDA levies
EDA Resolution No. ___
Authorizing the preliminary HRA levy for 2024
Whereas, pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the “EDA Act”),
the city council of the City of St. Louis Park created the St. Louis Park Economic Development
Authority (the "Authority"); and
Whereas, pursuant to the EDA Act, the city council granted to the Authority all the powers
and duties of a housing and redevelopment authority under the provisions of the Minnesota
Statutes, sections 469.001 to 469.047 (the "HRA Act"); and
Whereas, Section 469.033, subdivision 6 of the Act authorizes the Authority to levy a tax
upon all taxable property within the city to be expended for the purposes authorized by the HRA
Act; and
Whereas, such levy may be in an amount not to exceed 0.0185 percent of estimated
market value of the city; and
Whereas, the Authority has filed its budget for the special benefit levy in accordance with
the budget procedures of the city in the amount of $1,744,133; and
Whereas, based upon such budgets the Authority will levy all or such portion of the
authorized levy as it deems necessary and proper; and
Now therefore be it resolved that approval is hereby given for the St. Louis Park Economic
Development Authority to levy, for taxes payable in 2024, such tax upon the taxable property of
the city as the Authority may determine, subject to the limitations contained in the HRA Act.
Reviewed for administration: Adopted by the St. Louis Park Economic
Development Authority September 18, 2023
Karen Barton, executive director Nadia Mohamed, president
Attest:
Melissa Kennedy, secretary
Economic development authority meeting of September 18, 2023 (Item No. 6a) Page 6
Title: Resolutions to adopt 2024 HRA and EDA levies
EDA Resolution No. _____
Approving a present intent to levy a tax for Economic
Development Authority purposes pursuant to
Minnesota Statutes, Section 469.107
Whereas, pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as
amended (the “Act”), the city established the St. Louis Park Economic Development Authority
(the “EDA”); and
Whereas, Section 469.107, subdivision 1 of the Act authorizes the city, at the request of
the EDA, to levy and collect a tax of up to 0.01813% of the estimated market value of taxable
property within the city, levied upon all taxable real property within the city, for economic
development purposes; and
Now therefore be it resolved that the St. Louis Park Economic Development Authority
hereby recommends that the city approve the preliminary levy of a tax for economic
development purposes pursuant to Section 469.107, subdivision 1 of the Act in the amount
equal to $877,000 with respect to taxes payable in calendar year 2024.
Reviewed for administration: Adopted by the St. Louis Park Economic
Development Authority September 18, 2023
Karen Barton, executive director Nadia Mohamed, president
Attest:
Melissa Kennedy, secretary
Meeting: City council
Meeting date: September 18, 2023
Presentation: 3a
Executive summary
Title: Recognition of service for Andrew Willenbring
Recommended action: Read resolution and present plaque to Andrew for his 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 20
years of service will be presented with a resolution from the mayor, city manager and city
council.
Andrew will be in attendance for the presentation at the beginning of the meeting. The mayor
is asked to read the resolution for Andrew in recognition of his years of service to the city.
Financial or budget considerations: Not applicable.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
Prepared by: Barb Lamfers, HR technician
Reviewed by: Cheyenne Brodeen, administrative services director
Approved by: Kim Keller, city manager
Meeting: City council
Meeting date: September 18, 2023
Presentation: 3b
Executive summary
Title: Proclamation declaring September 15, 2023 through October 15, 2023 as Latine Heritage
Month
Recommended action: The mayor is asked to read and present the proclamation.
Policy consideration: Does the council want to declare September 15, 2023 through October
15, 2023 as Latine heritage month in the city?
Summary: To celebrate Latine Heritage Month, the City of St. Louis Park invites residents to
learn about the history of Latine communities in our state and country, consider supporting
Latine owned businesses and attending an event or exhibit that highlights Latine art, culture,
and history, and to connect with Latine organizations in Minnesota.
Staff recognizes that a proclamation for Latine Heritage Month doesn’t appear on the original
list of proclamations adopted in January 2023. According to the U. S. Census Bureau, between
2010 and 2020, the Hispanic or Latine population is one of the fastest-growing ethnic groups in
the nation. For this reason, we ask for inclusion of the proclamation and will include the
observance in future years.
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: Resource page
Proclamation
Prepared by: Jocelyn Hernandez, race, equity and inclusion specialist
Reviewed by: Radious Guess, race, equity and inclusion director
Approved by: Kim Keller, city manager
City council meeting of September 18, 2023 (Item No. 3b) Page 2
Title: Proclamation declaring September 15, 2023 through October 15, 2023 as Latine Heritage Month
Resource page
To celebrate and bolster engagement with the Latine community, the race, equity and inclusion
staff have provided the following links:
• Learn about the history of Latine communities in our state and country
o Minnesotanos: Latino Journeys in Minnesota | MNopedia
o A Mosaic, Not a Monolith: A Profile of the U.S. Latino Population, 2000-
2020 | Latino Policy & Politics Institute (ucla.edu)
• Consider supporting Latine owned businesses and attending an event or exhibit
that highlights Latine art, culture, and history
o Minnesota Latinos - Discover everything Latino and Hispanic in MN
(mnlatinos.com)
o Ways to Support Latinx (Hispanic) Heritage Month | Meet Minneapolis |
Meet Minneapolis
• Connect with Latine organizations in Minnesota
o Minnesota Council on Latino Affairs (MCLA) / Minnesota Council on
Latino Affairs (mn.gov)
o ABOUT US | LatinoLEAD (latinoleadmn.org)
City council meeting of September 18, 2023 (Item No. 3b) Page 3
Title: Proclamation declaring September 15, 2023 through October 15, 2023 as Latine Heritage Month
Proclamation declaring September 15, 2023 through October 15, 2023
as Latine Heritage Month
Whereas Latine communities are an integral part of the diversity that makes St. Louis
Park a great place to experience life; and
Whereas this month includes the independence day celebrations of several Latin
American countries like Costa Rica, Chile, Belize, El Salvador, Guatemala, Honduras, Mexico and
Nicaragua; and
Whereas the diverse cultures and perspectives of Latine communities have enriched the
social fabric of our city and state; and
Whereas Latine entrepreneurs, educators, and community leaders have helped create a
more just and inclusive community for all; and
Whereas this month recognizes and celebrates the accomplishments and struggles of
Latines in the face of continued inequity, racism, and xenophobia; and
Whereas this month is an opportunity for our city to continue our commitment to
equity and inclusion.
Now, therefore let it be resolved that the mayor and city council, do hereby proclaim
September 15, 2023 through October 15, 2023 Latine Heritage Month 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 18th day of September 2023.
Jake Spano, mayor
Meeting: City council
Meeting date: September 18, 2023
Minutes: 4a
Unofficial minutes
City council meeting
St. Louis Park, Minnesota
Sept. 5, 2023
1. Call to order.
Mayor Pro Tem Brausen called the meeting to order at 6:30 p.m.
a. Pledge of allegiance
b. Roll call
Councilmembers present: Mayor Pro Tem Tim Brausen, Sue Budd, Lynette Dumalag, Yolanda
Farris, Nadia Mohamed, and Margaret Rog
Councilmembers absent: Mayor Jake Spano
Staff present: City manager (Ms. Keller), city attorney (Mr. Mattick), finance director (Ms.
Cruver), deputy city manager (Ms. Walsh), associate planner (Ms. Kramer), community
development director (Ms. Barton), communications and technology director (Ms. Smith)
2. Approve agenda.
It was moved by Councilmember Dumalag, seconded by Councilmember Rog, to approve the
agenda as presented.
The motion passed 6-0 (Mayor Spano absent).
3. Presentations.
a. Recognition of service for fire department Lt. Shawn Glapa
Mayor Pro Tem Brausen read the proclamation and recognized Lt. Glapa for his 27 years of
service.
Lt. Glapa thanked the city council and said he has enjoyed every minute of the 27 years he
served the city. He added he always felt safe and comfortable with the fire department and
noted the department is in good hands.
Fire Chief Koering noted that the fire department is evolving as an organization. He called
attention to the tradition of sharing experiences and stories as an example of Lt. Glapa’s
leadership for fellow firefighters and the community. Chief Koering stated Lt. Glapa’s
contributions were numerous and that he had served and performed admirably. Chief Koering
thanked the council for taking the time for this recognition and thanked Lt. Glapa and his wife
for making this a better fire department and a better community.
City council meeting of September 18, 2023 (Item No. 4a) Page 2
Title: City council meeting minutes of September 5, 2023
Mayor Pro Tem Brausen noted that one of the greatest contributions to our public service
providers is the support of their family members. He thanked Lt. Glapa’s family for their service
and dedication to the city and wished them the best in their endeavors.
4. Minutes.
a. City council meeting minutes of Aug. 7, 2023
b. City council special study session minutes of Aug. 7, 2023
c. City council study session minutes of Aug. 14, 2023
d. City council meeting minutes of Aug. 21, 2023
It was moved by Councilmember Rog, seconded by Councilmember Mohamed, to approve all
meeting minutes as presented.
The motion passed 6-0 (Mayor Spano absent).
5. Consent items.
a. Resolution No. 23-095 recognizing Fire Lieutenant Shawn Glapa for more than 27 years
of service
b. Resolution No. 23-096 approving third amendment to affordable housing
redevelopment contract, and related documents with Beltline Station LLC
c. Approval of temporary liquor license for MATTER
d. Resolution No. 23-097 and Resolution No. 23-098 imposing civil penalties for liquor
license violations
e. Adopt Ordinance 2667-23 amending Sec. 8-474(a)(7) to allow liquor stores to sell hemp-
derived THC products
f. Approve premises amendment to liquor license for Rojo Mexican Grill
g. Approve city disbursements for period ending Aug. 25, 2023
h. Resolution No. 23-099 authorizing final payment and accepting work for 2022 concrete
replacement project (city project no. 4022-0003)
i. Resolution No. 23-100 authorizing final payment and accepting work for 2023 concrete
replacement project (city project no. 4023-0003)
j. Resolution No. 23-101 accepting grant from the Hennepin County Youth Activities Grant
to assist with funding for lifeguards and authorizing the city to be the fiscal agent for the
cities of Minnetonka, New Hope and Crystal
Mayor Pro Tem Brausen asked to make a comment regarding consent items 5h, 5i and 5j. He
noted on items 5h and 5i, one project concluded at just above the estimated budget amount
and the other project concluded just lower, adding staff continues to do a good job of
estimating prices the best they can, given the changing environment for construction. On item
5j, he thanked staff for finding these types of opportunities to assist taxpayers.
It was moved by Councilmember Rog, seconded by Councilmember Farris, to approve the
consent items as listed; and to waive reading of all resolutions and ordinances.
City council meeting of September 18, 2023 (Item No. 4a) Page 3
Title: City council meeting minutes of September 5, 2023
The motion passed 6-0 (Mayor Spano absent).
6. Public hearings – none.
7. Regular business.
a. Resolution approving conditional use permit for school district data center at 6400
Walker Street
Ms. Kramer presented the staff report.
Councilmember Budd thanked staff for the modification made for the sidewalk because the
businesses in the Walker Lake area depend on the parking spaces. Everything that can be done
to have the data center park area in the parking lot is advantageous.
Councilmember Rog asked if the playground is a public playground. Ms. Kramer stated the
playground serves the daycare at the Central School building to the east and is operated by the
school district, adding it will be fully fenced off and contained.
Councilmember Rog asked Ms. Kramer for information on the tree removal. Ms. Kramer noted
there are two small boulevard trees near the existing driveway, and to come into compliance
with ADA requirements, those two trees must be removed. She added the school district will
plant two replacement trees and noted public property requires a one for one tree
replacement.
Councilmember Rog asked the height of these trees. Ms. Kramer stated they are both young
trees and therefore not very tall, as they were installed within the last two years.
Councilmember Rog asked what species of tree they are. Ms. Kramer stated she did not have
that information available.
Councilmember Rog asked if there was opportunity to interact with the Walker Lake Business
Council on parking. Ms. Kramer stated all the meeting notices had gone out to businesses and
neighbors within 350 feet of the project. She stated she is not sure if the Walker Lake Business
Council did look over the plans, but added this information was posted on the city website and
there were signs at the building site to let folks know about it.
It was moved by Councilmember Budd, seconded by Councilmember Rog, to adopt Resolution
No. 23-1, approving conditional use permit for school district data center at 6400 Walker Street,
and allowing for an alternative method of financing through MN escrow fund.
The motion passed 6-0 (Mayor Spano absent).
8. Communications and announcements.
a. Minutes of July 5, 2023, planning commission meeting
City council meeting of September 18, 2023 (Item No. 4a) Page 4
Title: City council meeting minutes of September 5, 2023
Ms. Keller noted in two weeks is the fire department open house and community health
resource fair on Sept. 19 from 5 – 7:30 p.m., which includes food and drinks at Fire Station #1.
She added the event is for all ages and will address community health to ensure residents know
about all resources available. She added buses will be available to transport residents to the
event.
Councilmember Rog also noted:
• There is a Green Line status meeting at Steel Toe Brewery Thursday, Sept. 7 at 6 p.m.
and city staff and Met Council staff will be available for questions.
• The Birchwood neighborhood will host a 5K event on Saturday, Sept. 9, at Birchwood
Park, and all are invited to join.
• St. Louis Park Art Fair is Saturday, Sept. 9, from 10 – 5 p.m. at The ROC. It will be bigger
than years past and features a Youth Artist section this year.
9. Adjournment.
The meeting adjourned at 6:55 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: September 18, 2023
Consent agenda item: 5a
Executive summary
Title: Resolution recognizing Fire Lieutenant Andrew Willenbring
Recommended action: Motion to adopt resolution to recognize Andrew Willenbring for more
than 23 years of service.
Policy consideration: None at this time
Summary: City policy states that employees who retire or resign in good standing with over 20
years of service will be presented with a resolution from the mayor, city manager and the city
council. Andrew will be in attendance for a presentation of this resolution.
This consent item will officially adopt the resolution that honors Andrew for his years of service.
Financial or budget considerations: Not applicable.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
Prepared by: Barb Lamfers, HR technician
Reviewed by: Cheyenne Brodeen, administrative services director
Approved by: Kim Keller, city manager
City council meeting of September 18, 2023 (Item No. 5a) Page 2
Title: Andrew Willenbring Retirement Recognition
Resolution No. 23-____
Resolution recognizing the contributions and expressing appreciation to
Fire Lieutenant Andrew Willenbring
Whereas Andrew began his employment with the City of St. Louis Park Fire Department 23
years ago on March 9, 2000; and
Whereas Andrew was a dispatcher from 2000 - 2005 and dispatch supervisor from 2005 -
2010; and
Whereas Andrew has had a lifelong passion for public service including seventeen years with
the city of Maple Grove Fire Department; and
Whereas Andrew was a hired as a St. Louis Park firefighter on August 10, 2010; and was
promoted to fire lieutenant on February 12, 2022; and
Whereas Andrew envisioned, developed and managed the EMS Bike Patrol program; and
Whereas Andrew is an active member of Local 993; and
Whereas throughout Andrew’s career he received a Unit Citation Medal in 2013, Excellence
in Customer Service Award in 2015, a Lifesaving Award in 2017, a Chief’s Commendation and
Unit Citation Medal in 2018, a COVID Service Award in 2021, a Medal of Valor and Unit Citation
in 2022; and
Whereas Andrew showed tremendous skill, dedication, commitment and leadership in
performing his duties and spent countless hours as a trainer and mentor to new firefighters in
St. Louis Park, as well as with the Southwest Joint Operations Fire Academy. In addition, he
spent nearly 20 years as a member of the Maple Grove Fire Department, where he held the
ranks of firefighter, apparatus operator, training officer, lieutenant, and captain; and
Now therefore be it resolved that the City Council of the City of St. Louis Park, Minnesota,
by this resolution and public record, would like to thank Andrew Willenbring for his great
contributions and 23 years of dedicated s service to the City of St. Louis Park and wish him the
best in his retirement.
Reviewed for administration: Adopted by the city council September 18,
2023
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: September 18, 2023
Consent agenda item: 5b
Executive summary
Title: Resolution appointing election workers for the 2023 municipal and school district general
election
Recommended action: Motion to adopt resolution appointing election workers for the
November 7, 2023, municipal and school district general election.
Policy consideration: None – the city council is required to formally appoint election workers
under Minnesota election law and the St. Louis Park Home Rule Charter.
Summary: MN Statute 204B.21, Subd. 2 and St. Louis Park Home Rule Charter section 4.03
provide that election workers for precincts shall be appointed by the governing body of the
municipality at least 25 days before the election at which the workers will serve. Election
workers are assigned to precincts based on availability, statutory party balance requirements,
and the number required for each location to adequately serve voters. Some election workers
are assigned to full day shifts while others opt to work half-day shifts. Election workers are
required to declare a party affiliation with one of Minnesota’s three major political parties or
declare that they will serve without affiliation. Those who serve without affiliation to a major
political party are exempt from performing certain tasks at the polling place that are required
by law to be performed by workers of differing major political parties. The resolution identifies
individuals assigned to work at a polling place on November 7, 2023, as well as individuals who
serve on the city’s absentee ballot board. All workers are required to complete at least two
hours of training under state law. In St. Louis Park, many election workers attend multiple
training sessions (total 4-6 hours of training) because they serve in a leadership or other
specialized role on Election Day, or they assist with other elections activities such as early
(absentee) voting or health care facility voting.
We are fortunate to have a very dedicated group of people who are ready to work and
committed to providing this vital service to the community.
Financial or budget considerations: The 2023 budget includes the funds required to hire and
train election workers.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Resolution
Exhibit A
Prepared by: Melissa Kennedy, city clerk
Approved by: Kim Keller, city manager
City council meeting of September 18, 2023 (Item No. 5b) Page 2
Title: Resolution appointing election workers for the 2023 municipal and school district general election
Resolution No. 23-___
Resolution appointing election workers for the 2023 municipal and school
district general election
Whereas the municipal and school district general election will be held on November 7,
2023, at the following precinct locations:
• Ward 1 Precinct 1 - Beth El Synagogue, 5225 Barry St. W.
• Ward 1 Precinct 2 - Wat Thai of Minnesota, 2544 Hwy. 100 S.
• Ward 1 Precinct 3 - St. Louis Park City Hall, 5005 Minnetonka Blvd.
• Ward 2 Precinct 4 - St. Louis Park Recreation Center, 3700 Monterey Dr.
• Ward 2 Precinct 5 - Vista Lutheran Church, 4003 Wooddale Ave. S.
• Ward 2 Precinct 6 - St. Louis Park Municipal Service Center, 7305 Oxford St.
• Ward 3 Precinct 7 - St. Louis Park Senior High School, 6425 33rd St. W.
• Ward 3 Precinct 8 - Aquila Elementary School, 8500 31st St. W.
• Ward 3 Precinct 9 - Lenox Community Center, 6715 Minnetonka Blvd.
• Ward 4 Precinct 10 - St. Louis Park Middle School, 2025 Texas Ave. S.
• Ward 4 Precinct 11 - Park Harbor Church, 1615 Texas Ave. S.
• Ward 4 Precinct 12 - Westwood Lutheran Church, 9001 Cedar Lake Road
Whereas as authorized by Minnesota Statute 204B.21, Subd. 2 and St. Louis Park Home
Rule Charter section 4.03, election workers for precincts shall be appointed by the governing
body of the municipality no later than 25 days before each election; and
Now therefore be it resolved by the St. Louis Park City Council that the individuals named
in Exhibit A and on file in the office of the city clerk are hereby appointed to serve as election
workers, absentee ballot board members, or alternate workers for the 2023 municipal general
election; and
It is further resolved that as authorized under Minnesota Statute 204B.21, Subd. 2, the St.
Louis Park City Council also appoints all members appointed to the Hennepin County absentee
ballot board, under the direction of the Hennepin County Elections Director, to serve as
members of the St. Louis Park absentee ballot board; and
Be it further resolved that the city clerk is authorized to make any substitutions or
additions as deemed necessary.
Reviewed for administration: Adopted by the city council September 18,
2023
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Last Name First Middle Precinct Polling Place
Abigial Keller R.St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Anderson Patricia St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Ashare Daniel St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Ashare Shaina St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Austin Rachel St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Benson Janet St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Bergman Juli St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Bergman Juli Absentee ballot board Absentee ballot board
Bergquist Rogene St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Berkovitz Gary St Louis Park W‐4 P‐12 P‐12 ‐ Westwood Lutheran Church
Botner Loren St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Brimeyer Jim St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Brunia‐Engels Melissa St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Butterbaugh Laura St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Campbell Patricia St Louis Park W‐4 P‐12 P‐12 ‐ Westwood Lutheran Church
Chmura Delaney St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Clarke Chris St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Colacci Elena St Louis Park W‐4 P‐12 P‐12 ‐ Westwood Lutheran Church
Conery Mary Kaye St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Connell Thomas St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Conway Mary Kay St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Cook Brent St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Crouse Karyn St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Curran‐Moore Kim St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Dahlstrom McCashin Kelly St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Davis Julia St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Desnick Sheila St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Drache Kay St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Dummer Bob St Louis Park W‐4 P‐12 P‐12 ‐ Westwood Lutheran Church
Duncan Ben St Louis Park W‐1 P‐03 P‐03 ‐ St Louis Park City Hall
Engelking Jim St Louis Park W‐3 P‐08 P‐08 ‐ Aquila Elementary School
Engelking Paula St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Ericksen Susan St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Erickson Richard St Louis Park W‐1 P‐03 P‐03 ‐ St Louis Park City Hall
Erickson Steven St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Erlien Cathy St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Estes Robert St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Fischels Angela St Louis Park W‐4 P‐12 P‐12 ‐ Westwood Lutheran Church
Forneris Gina St Louis Park W‐2 P‐06 P‐06 ‐ St Louis Park Municipal Service Center
Fuller Sharon St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Geretz Alla St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Gipp Stephan St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Grad Eitan St Louis Park W‐1 P‐03 P‐03 ‐ St Louis Park City Hall
Gremillion Kathy St Louis Park W‐2 P‐06 P‐06 ‐ St Louis Park Municipal Service Center
Grose Kathy St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Grose Lawrence St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Gunderson Gerald St Louis Park W‐1 P‐03 P‐03 ‐ St Louis Park City Hall
Hakala Kyle St Louis Park W‐1 P‐03 P‐03 ‐ St Louis Park City Hall
Hanson Ellen St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Hanson Stuart St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Hanson Wesley St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Hart Rebecca St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Hendrix Mary Absentee ballot board Absentee ballot board
Hines Linda Absentee ballot board Absentee ballot board
Hjelmland Joan Absentee ballot board Absentee ballot board
Hogg Heidi St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Hollensteiner Lisa St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
City council meeting of September 18, 2023 (Item No. 5b)
Title: Resolution appointing election workers for the 2023 municipal and school district general election Page 3
Hollingsworth Leah St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Howard Gena St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Hu Michele St Louis Park W‐2 P‐06 P‐06 ‐ St Louis Park Municipal Service Center
Huebner Jeff St Louis Park W‐1 P‐03 P‐03 ‐ St Louis Park City Hall
Isenberg Chaiya St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Jackson Aimee St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Jaffee Jay St Louis Park W‐1 P‐03 P‐03 ‐ St Louis Park City Hall
Johnson Christine St Louis Park W‐2 P‐06 P‐06 ‐ St Louis Park Municipal Service Center
Johnston‐Madison Claudia St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Kaczmarek Amy St Louis Park W‐2 P‐06 P‐06 ‐ St Louis Park Municipal Service Center
Kertes Anne St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Knighton Jessica St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Kohli Ishpreet St Louis Park W‐3 P‐08 P‐08 ‐ Aquila Elementary School
Koster Erin St Louis Park W‐3 P‐08 P‐08 ‐ Aquila Elementary School
Kraft Lauri St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Krause Marin St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Kuhfeld Mary St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Ladd Allison St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
LaFond Michael St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Larson David St Louis Park W‐2 P‐06 P‐06 ‐ St Louis Park Municipal Service Center
Laucher Linda St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Lee Martin St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Levin Trina St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Lewin Ellen St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Lieser Malisa St Louis Park W‐1 P‐03 P‐03 ‐ St Louis Park City Hall
Luckow Anna St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Mainella Heather St Louis Park W‐2 P‐06 P‐06 ‐ St Louis Park Municipal Service Center
Manuel Julie St Louis Park W‐3 P‐08 P‐08 ‐ Aquila Elementary School
Marek Margaret St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Mattison Susanne St Louis Park W‐3 P‐08 P‐08 ‐ Aquila Elementary School
Merfeld Amelia St Louis Park W‐3 P‐08 P‐08 ‐ Aquila Elementary School
Metzker Kathy St Louis Park W‐4 P‐12 P‐12 ‐ Westwood Lutheran Church
Miklos Brian St Louis Park W‐4 P‐12 P‐12 ‐ Westwood Lutheran Church
Moalim Sumaya St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Mohr Marvin St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Munoz Hernandez Kelly St Louis Park W‐1 P‐03 P‐03 ‐ St Louis Park City Hall
Murman Gloria St Louis Park W‐1 P‐03 P‐03 ‐ St Louis Park City Hall
Murray Melissa St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Nachtwey Steve St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Nelson‐Zilka Karne St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Oelschlaeger Karen St Louis Park W‐3 P‐08 P‐08 ‐ Aquila Elementary School
Olson Karl St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Orton Lynn St Louis Park W‐4 P‐12 P‐12 ‐ Westwood Lutheran Church
Osfar Barb St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Palmer Nancy St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Pannell Lisa St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Peck Marisa To Be Determined To Be Determined
Peltier Kay St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Penna Ross St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Perot Emily St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Person Barbara St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Priadka Kelly St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Ranallo Lonni St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Rand Dorothy St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Rasmussen Juli St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Resnick Barbara St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Richards David St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Rotert David St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
City council meeting of September 18, 2023 (Item No. 5b)
Title: Resolution appointing election workers for the 2023 municipal and school district general election Page 4
Ruane Terry St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Ruhl Barbara St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Ruhl Barbara Absentee ballot board Absentee ballot board
Ruth Roger St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Ruttger Theresa St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Sallet‐Cobb Saleta St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Sanville Martha St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Scheig William St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Schreiner Irwin St Louis Park W‐4 P‐12 P‐12 ‐ Westwood Lutheran Church
Schwartz Mark St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Schwieters Nicole St Louis Park W‐3 P‐08 P‐08 ‐ Aquila Elementary School
Showalter Joy St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Sias Therese St Louis Park W‐3 P‐07 P‐07 ‐ St Louis Park High School
Simmons Judy St Louis Park W‐2 P‐06 P‐06 ‐ St Louis Park Municipal Service Center
Skalman Ruth St Louis Park W‐3 P‐08 P‐08 ‐ Aquila Elementary School
Solmer Henry St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Soucheray Mary (Gina)St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Spain Jeff St Louis Park W‐1 P‐02 P‐02 ‐ Wat Thai of Minnesota
Steuer Meg St Louis Park W‐4 P‐11 P‐11 ‐ Park Harbor Church
Stevens Jeanne St Louis Park W‐3 P‐09 P‐09 ‐ Lenox Community Center
Svidal Katie St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Tepley Karen St Louis Park W‐3 P‐08 P‐08 ‐ Aquila Elementary School
Thompson Linda St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Thompson Rolf St Louis Park W‐2 P‐06 P‐06 ‐ St Louis Park Municipal Service Center
Thorne Rich St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Turk Carolyne St Louis Park W‐1 P‐03 P‐03 ‐ St Louis Park City Hall
Tursich Ernest St Louis Park W‐2 P‐06 P‐06 ‐ St Louis Park Municipal Service Center
Twiford RJ St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
Uhrig‐Fox Dana St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Vos Rapoport Anne Monique St Louis Park W‐4 P‐12 P‐12 ‐ Westwood Lutheran Church
Walker Alene St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Weber William St Louis Park W‐4 P‐10 P‐10 ‐ St Louis Park Middle School
Wedge Cleo St Louis Park W‐2 P‐04 P‐04 ‐ St Louis Park Recreation Center
Welcher Theresa St Louis Park W‐4 P‐12 P‐12 ‐ Westwood Lutheran Church
Wickersham Mary Absentee ballot board Absentee ballot board
Wilensky Barbara St Louis Park W‐1 P‐01 P‐01 ‐ Beth El Synagogue
Wilson Sylvia St Louis Park W‐2 P‐05 P‐05 ‐ Vista Lutheran Church
City council meeting of September 18, 2023 (Item No. 5b)
Title: Resolution appointing election workers for the 2023 municipal and school district general election Page 5
Meeting: City council
Meeting date: September 18, 2023
Consent agenda item: 5c
Executive summary
Title: Rescind resolution of snow emergency exempt parking streets
Recommended action: Motion to rescind resolution 22-175. Moving forward, the list of snow
removal exempt parking streets will be administered by the public works director.
Policy consideration: None.
Summary: The city, using a combination of available forecasts, will declare a snow emergency
when warranted. On-street parking is restricted during a snow emergency until the city has
declared that the snow emergency has ended.
City code Sec. 30-158. Snow removal parking restrictions (2) b allows for exemptions to the
snow emergency parking ban; it reads:
The City Manager or designee is authorized to establish and maintain a listing of the
public streets which are not subject to the snow emergency parking ban. The exempted
streets will generally be high density residential streets without or very limited off-street
parking.
On March 20, 2023, staff provided the city council with a report with background on this topic,
summarizing previous council discussions, and informed the council on how staff will move
forward with managing snow removal exempt parking streets. The council was supportive of
staff's recommendation to update this process to be consistent with the city code. Since that
time, staff has completed the following steps:
•The snow emergency exempt list has been reviewed and updated based on additional
parking analysis.
•A letter was sent to the residents and property owners on the street segments being
removed from the list, informing them of the changes.
Letters were sent to approximately 700 property owners and residents, providing them an
opportunity for questions and comments. Staff received only one response from a resident that
was in favor of the proposed changes in their neighborhood.
Financial or budget considerations: The cost of modifying the parking restrictions will be
minimal and will be paid for using the public works general operating budget.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
March 20, 2023 Study session report
Resolution 22-175- to be rescinded
Snow removal exempt areas to be removed – map
Snow removal exempt parking streets - map
Prepared by: Mike Okey, operations superintendent
Reviewed by: Debra Heiser, engineering director
Jay Hall, public works director
Approved by: Kim Keller, city manager
Page 2 City council meeting of September 18, 2023 (Item No. 5c)
Title: Rescind resolution of snow emergency exempt parking streets
Discussion
Background:
St. Louis Park's snow removal ordinance restricts on-street parking after a declared snow
emergency. The city, using a combination of available forecasts, will declare a snow emergency
when it is deemed warranted. On-street parking is restricted during a snow emergency until the
city has declared that the snow emergency has ended. The city institutes a parking ban during
snow emergencies in order to facilitate a more thorough plow across the city.
City code Sec. 30-158. Snow removal parking restrictions (2) b allows for exemptions to the
snow emergency parking ban; it reads:
The City Manager or designee is authorized to establish and maintain a listing of the
public streets which are not subject to the snow emergency parking ban. The exempted
streets will generally be high density residential streets without or very limited off-street
parking.
In these areas, parking is allowed during the entire snow event. In the weeks after the snow
event, to clear snow in these areas, staff temporarily posts one side of the street as "No
Parking," allowing for parking on the other side while the posted side is being cleared to the
curb. The same procedure occurs the next day for the other side. This allows parking on the
street in high-density residential areas where residents have limited or no option for parking
other than on the street. Vehicles that aren't moved during the follow-up snow removal
operations are subject to ticketing and towing.
The exemption does not override any posted, on-street parking restrictions. To clear up any
confusion, staff annually reviews the list and updates it to reflect new on-street parking
restrictions that have been approved by council and are in conflict.
Last fall, during the annual review of the code and map, it became clear that
1)the practice of bringing this to council is out of alignment with the authority provided to
staff, and
2)many of the snow removal exempt streets are not adjacent to high-density residential.
Instead, they are located on streets with commercial land uses.
On March 20, 2023, staff provided the city council with a report with background on this topic,
summarizing previous council discussions, and informed the council on how staff will move
forward with managing snow removal exempt parking streets. The council was supportive of
staff's recommendation to update this process to be consistent with the city code.
Present considerations:
Staff has reviewed the street segments, and the streets highlighted on the attached Snow
removal exempt areas to be removed map will no longer be designated as snow removal
exempt parking streets.
The attached map titled Snow removal exempt parking streets shows the street segments that
will be designated. The following are street segments that will remain as exempt parking that
differ from the map shared with council on March 30:
•Cedar Lake Road from Quentin Avenue to the Jewish Community Center
•Idaho and Hampshire avenues north of Cedar Lake Road
•East side of Louisiana Avenue from 27th Street to 28th Street
Page 3 City council meeting of September 18, 2023 (Item No. 5c)
Title: Rescind resolution of snow emergency exempt parking streets
•Gorham Avenue from 2nd Street to the end of the apartments
•Highway 7 South service drive east of Wooddale Avenue
•Excelsior and Grand
These areas were selected to remain exempt after a review of the available off-street parking
for the adjacent properties. It was determined that the off-street parking is limited when
compared to the parking needs for the adjacent properties.
Residents and property owners on the street segments being removed from the exempt list
were informed by direct mailing. Staff received minimal feedback from the approximately 700
letters sent informing them of the recommendation. One resident called to say they were in
favor of the proposed changes.
Next steps:
Staff recommends that council rescind the resolution establishing the list of snow emergency
exempt parking streets. Moving forward, this list will be managed by the public works director.
Annual reviews will still be conducted to ensure that the list reflects new on-street parking
restrictions and land use changes that have been approved by council and are in conflict.
Page 4 City council meeting of September 18, 2023 (Item No. 5c)
Title: Rescind resolution of snow emergency exempt parking streets
Resolution No. 23-___
Resolution rescinding resolution No. 22-175
exempting streets from the snowfall parking restrictions
Whereas, on Nov. 21, 2022 the City of St. Louis Park, Minnesota, established a list of
streets exempt from the snowfall parking ban through section 30-158 of the city code; and
Whereas, to keep the snowfall parking exemption list updated, edits must be made to
account for new or removed streets, street names, parking restriction changes, or other
circumstances; and,
Whereas, a review of the city code revealed that the practice of bringing this list to
council for approval is out of alignment with the authority provided to staff in city code; and,
Whereas, having the city manager or designee manage this list and authorize these
changes moving forward is consistent with city code; and
Now therefore be it resolved by the City Council of St. Louis Park, Minnesota that
Resolution No. 22-175 be rescinded.
Reviewed for administration: Adopted by the city council September 18, 2023
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
9/12/2023
City council meeting of September 18, 2023 (Item No. 5c)
Title: Rescind resolution of snow emergency exempt parking streets Page 5
9/12/2023
City council meeting of September 18, 2023 (Item No. 5c)
Title: Rescind resolution of snow emergency exempt parking streets Page 6
Meeting: City council
Meeting date: September 18, 2023
Consent agenda item: 5d
Executive summary
Title: Resolution approving grant award for DWI/Traffic Safety Police Officer Program
Recommended action: Motion to adopt a resolution approving a fiscal year 2024 grant
awarded to the St. Louis Park police department to fund a full-time DWI/Traffic Safety police
officer.
Policy consideration: Does council wish to authorize the acceptance of the grant awarded to
the St. Louis Park police department to fund a full-time DWI/Traffic Safety police officer?
Summary: On September 12, 2022, the council reviewed the executive summary associated
with the DWI/Traffic Safety Police Officer Grant Program. The program primarily seeks to detect
and interdict impaired driving with a significant focus on dangerous driving behaviors including
speeding, distracted driving and occupant protection; priorities that are addressed through
both enforcement and education strategies. The program funds up to $150,000 per grantee
during the award period; covering salary, overtime and fringe benefits. Only activities directly
associated with the DWI/Traffic safety grant program are eligible for reimbursement, with no
equipment costs covered. The grant operational period coincides with the federal fiscal year of
October 1, 2023, to September 30, 2024. Questions from council members on September 12,
2022 were focused on understanding the future availability of funding dollars associated with
the program. As the federally funded program is anticipated to be in place well into the future,
council members affirmed their support of the grant program on September 19, 2022.
Financial or budget considerations: None.
Strategic priority consideration: None at this time.
Supporting documents: Proposed 2024 DWI/Traffic Safety officer grant contract agreement
Prepared by: Bryan Kruelle, police chief
Mike Garland, police lieutenant
Approved by: Kim Keller, city manager
City council meeting of September 18, 2023 (Item No. 5d) Page 2
Title: Resolution approving grant award for DWI/Traffic Safety Police Officer Program
Resolution No. 23-____
Resolution approving state of Minnesota, Department of Public Safety, grant
award and agreement with the City of St. Louis Park associated with a full time
DWI/Traffic Safety Officer
Whereas, the city of St. Louis Park on behalf of its police department desires to enter into
an agreement with the State of Minnesota, Department of Public Safety, to fund a full time
DWI/Traffic Safety Officer. The grant award agreement stipulates the DWI/Traffic Safety Officer
will work primarily to detect and interdict impaired drivers as well as focusing on dangerous
driving behaviors to include speeding, distracted driving, and occupant protection while the
grant award period is in effect.
Now therefore be it resolved by the City Council of St. Louis Park, Minnesota as follows:
1. That the city of St. Louis Park on behalf of its police department enter into a grant
agreement with the Minnesota Department of Public Safety, for the DWI Officer grant during
the period from October 1, 2023, through September 30, 2024.
2. Mayor Jake Spano and City Manager Kim Keller, or successors, are hereby authorized to
execute such agreements and amendments as are necessary to implement the project on
behalf of the city of St. Louis Park and to be the fiscal agent and administer the grant.
Reviewed for administration: Adopted by the city council September 18, 2023
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Grant Contract Agreement Page 1 of 2
DPS Grant Contract Agreement Non-State (rev. September 2022)
Minnesota Department of Public Safety (“State”)
Office of Traffic Safety
445 Minnesota Street, Suite 1620
Saint Paul, MN 55101
Grant Program: 2024 NHTSA: DWI / Traffic Safety
Officer
Grant Contract Agreement No.:
A-OFFICR24-2024-STLOUIPD-002
Grantee:
St. Louis Park Police Department
3015 Raleigh Avenue South
St. Louis Park, MN 55416-5705
Grant Contract Agreement Term:
Effective Date: 10/01/2023
Expiration Date: 09/30/2024
Grantee’s Authorized Representative:
Sergeant Dennis Hagen
3015 Raleigh Avenue South
St. Louis Park, MN 55416-5705
(952)928-1426
dhagen@stlouisparkmn.gov
Grant Contract Agreement Amount:
Original Agreement $ 150,000.00
Matching Requirement $ 0.00
State’s Authorized Representative:
Duane Siedschlag, Impaired Driving Program
Coordinator
445 Minnesota Street, Suite 1620
Saint Paul, MN 55101
(651)221-7078
Duane.siedschlag@state.mn.us
Federal Funding: CFDA/ALN: 20.600 & 20.608
FAIN: 69A37523300004020MNO &
69A37523300001640MNA
State Funding: N/A
Special Conditions: None
Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement.
Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subdivision
5. Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. §
16B.98, Subdivision 7, whichever is later. Once this grant contract agreement is fully executed, the Grantee may
claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement.
Reimbursements will only be made for those expenditures made according to the terms of this grant contract
agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
The Grantee, who is not a state employee, will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved 2024
NHTSA: DWI / Traffic Safety Officer Application [“Application”] which is incorporated by reference into this
grant contract agreement and on file with the State at 445 Minnesota Street, Suite 620, Saint Paul, MN 55101.
The Grantee shall also comply with all requirements referenced in the 2024 NHTSA: DWI / Traffic Safety Officer
Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines
(https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant contract agreement.
Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached
and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program
Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation
and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by
the Grantee.
Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the
matching requirement will be met by the Grantee.
City council meeting of September 18, 2023 (Item No. 5d)
Title: Resolution approving grant award for DWI/Traffic Safety Police Officer Program Page 3
Grant Contract Agreement Page 2 of 2
DPS Grant Contract Agreement Non-State (rev. September 2022)
Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will
not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
required by Minn. Stat. § 16A.15. Signed: _____________________________________________
(with delegated authority)
Signed: _____________________________________________ Title: ______________________________________________
Date: _______________________________________________ Date: ______________________________________________
Grant Contract Agreement No./ P.O. No. A-OFFICR24-2024-STLOUIPD-002 / 3000089505
Project No.24-03-03
2.GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract agreement on behalf of the Grantee
as required by applicable articles, bylaws, resolutions, or ordinances.
Signed: _____________________________________________
Print Name: __________________________________________
Title: _______________________________________________
Date: _______________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Title: ________________________________________________
Date: ________________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Distribution: DPS/FAS
Title: ________________________________________________ Grantee State’s Authorized Representative
Date: ________________________________________________
City council meeting of September 18, 2023 (Item No. 5d)
Title: Resolution approving grant award for DWI/Traffic Safety Police Officer Program Page 4
2024 DWI / Traffic Safety Officer R evised - EXHIBIT A
Organization: St Louis Park Police Department
A-OFFICR24-2024-STLOUIPD-002
Budget Summary
Budget
Budget Category State Reimbursement Local Match
Salary
Officer Salary $150,000.00 $0.00
Total $150,000.00 $0.00
Operating Expenses
Mileage $0.00 $0.00
Total $0.00 $0.00
Total $150,000.00 $0.00
Page 1 of 108/10/2023
City council meeting of September 18, 2023 (Item No. 5d)
Title: Resolution approving grant award for DWI/Traffic Safety Police Officer Program
Page 5
Meeting: City council
Meeting date: September 18, 2023
Consent agenda item: 5e
Executive summary
Title: Resolution approving 2024 employer benefits contribution
Recommended action: Motion to adopt a resolution establishing the employer contribution for
benefits in 2024.
Policy consideration: Does council approve the recommended amount of employer benefits
contribution for 2024?
Summary: This report details the city’s employee benefits planned for 2024, and staff’s
recommendation for setting the employer contribution for 2024. The recommendation follows
the funding philosophy adopted by the city in 2014 after several meetings and feedback from
an employee task force. The employer contribution funding philosophy is based on the
employer contribution for all plan options on the most utilized plan ($2500 deductible health
plan). It covers 100% of the premium for employee-only coverage (plus additional funds for
voluntary elections for dental and deferred compensation). In 2023 staff worked with our
benefits consultant and recommend moving towards industry standard and increasing the
employer contribution from 70% to 75% of the premium for other employee-plus-dependent
coverage options.
In 2023 staff received updated benefit proposals. Per state statute this is required to be done
at least every five (5) years for health and welfare benefit plans. For 2024, Health Partners will
remain as our current medical insurance vendor, Delta will remain as our dental vendor and
The Standard will remain our life insurance and Long-Term Disability (LTD) vendor. There will be
a new vendor, Sand Creek EAP, who will serve as the employe assistance program vendor.
There will be a two (2) year rate cap with our medical insurance provider of 11% and 12% for
2025 and 2026 respectively. Dental insurance proposed a decrease in rates and an addition of
Smile Buddies. Life insurance and LTD insurance providers proposed a 16.2% decrease for
2024, with a three (3) year rate guarantee.
Financial or budget considerations: The amount recommended has been included in the 2024
budget.
Strategic priority consideration: Not applicable.
Supporting documents: Discussion
Resolution
Prepared by: Rita Vorpahl, HR director
Reviewed by: Cheyenne Brodeen, administrative services director
Approved by: Kim Keller, city manager
City council meeting of September 18, 2023 (Item No. 5e) Page 2
Title: Resolution approving 2024 employer benefits contribution
Discussion
Background:
The city has an employee benefits committee that consists of employees represented by all
departments and all union groups. The purpose of the committee is to educate employees on
benefits and get feedback on what they are interested in seeing in our benefits design. The
benefits committee, along with our benefits consultant, assists with gathering information and
making recommendations on potential benefit designs or options. The committee does not
provide input on specific funding amounts for employer contribution. Annually, staff conducts
open enrollment for employees to make updates to the benefits they choose. Below is a
summary of the city’s benefit details.
Medical insurance (overall 2.19% premium increase)
The city has been insured through HealthPartners since 2012. Staff went out for a formal bid for
2024 which is required every five (5) years in accordance with state statute. Although staff
expected and planned for a 12% increase, HealthPartners provided a renewal for 2024 of 2.19%
increase. Staff and our benefit consultant are pleased with these rates and will continue to
monitor plans and provide recommendations where appropriate to mitigate future costs.
Voluntary employees’ beneficiary association (VEBA) refresher
The city continues to offer a health reimbursement arrangement (HRA) with a VEBA funding
mechanism in coordination with the deductible health plans. The VEBA is funded with employer
contributions. Employer VEBA contributions are placed in a trust in an individual’s name and
funds are available for reimbursement of eligible medical expenses. VEBA funds not spent will
stay with the individual and roll over each year for future expenses. VEBA funds are set aside
tax-free, earn tax-free interest and qualified medical expenses are reimbursed tax-free. The
VEBA account stays with the individual after they leave employment and can be used for
reimbursement of qualified medical expenses, including premiums.
Dental insurance (7.42% decrease in premiums)
They city has been insured with Delta Dental for many years and our consultant works closely
with them to secure the most favorable rates each year. Staff was fortunate to get a renewal
with 7.42% premium decrease and a positive change to the plan for children with the Smile
Buddies program. Smile Buddies reinforces good oral health, as the earlier a child sees the
dentist, the better their oral health will be in the future. The Smile Buddies program using
Delta PPO/Premier providers, offers a wide range of services at 100% coverage for a child up to
14 years old.
Life insurance (7% decrease in premiums for basic life, no change for voluntary life)
A basic life insurance benefit is provided to all benefit-earning employees at 1.5 times their
salary, paid by the city. The cost of the basic life was reduced by 7%, with three (3) year rate
guarantee. Employees also have the option to purchase additional supplemental insurance (up
to $500,000), and spouse and dependent life insurance as well. There is no change to the
supplemental insurance rates or plan design.
Long term disability (LTD) (25% reduction in premiums)
Staff are pleased to continue to offer LTD to all staff at no cost to the employee. This benefit
provides income continuation at 60% of pre-disability earnings for anyone who becomes ill or
City council meeting of September 18, 2023 (Item No. 5e) Page 3
Title: Resolution approving 2024 employer benefits contribution
injured and unable to resume work after a six-month waiting period. The cost of the LTD was
reduced by 25%, with three (3) year rate guarantee.
Deferred compensation (continue with current program; no change recommended)
The city offers several deferred compensation programs (457 plans). Deferred compensation is
a program that allows employees to invest today for retirement. This is a voluntary program for
employees, with an employer match of $10 per pay period to non-union staff with a minimum
employee contribution of $50 per pay period (Resolution 12-044). This benefit has also been
negotiated into union contracts.
2024 employer contribution recommendation
An extensive employee task force was convened in the summer of 2014 to review employee
input on employee benefit programs. The result of those meetings was a recommendation to
provide tiered employer contribution funding which provided more funding to those who elect
to insure dependents. All funding amounts are based on the city’s most utilized plan ($2500
deductible plan). In the funding philosophy, employees electing employee only coverage are
provided with a city contribution equal to 100% of the premium with leftover funds available so
employees could purchase voluntary benefits such as dental insurance and a $50/pay period
deferred compensation contribution. The monthly contribution for 2024 is $970 per month for
employees who choose employee only health insurance coverage. The city also contributes
$2500/year ($208.34/month) to employee only VEBA accounts, which is 100% of the
deductible.
For employees who elect to cover a spouse and/or children, the city will increase the
contribution from 70% to 75% of the premium and from 70% to 75% of the family deductible
($3750/year or $312.50/month).
The chart on the following page shows total employee and employer costs per month for each
plan option offered. The “employee cost” noted on the right is the difference between the
“employer contribution” and the “premium”. The VEBA contribution cannot be used to offset
premium costs.
Meeting: City council
Meeting date: September 18, 2023
Consent agenda item: 5e
*Numbers in (red) indicate the amount employees have available to purchase additional benefits.
Employer VEBA
Contribution
Total
Employer
Contribution
2024
PLAN OPTIONS
Premium
Employer
Contribution Employee Cost
$2,500 Employee $ 815.50 $ 970.00 $208.34 $ 1,178.34 $ (154.50)
Deductible Emp+Child(ren) $ 1,712.50 $ 1,285.00 $312.50 $ 1,597.50 $ 427.50
Open access Emp+Spouse $ 1,795.50 $ 1,345.00 $312.50 $ 1,657.50 $ 450.50 Family $ 2,283.50 $ 1,715.00 $312.50 $ 2,027.50 $ 568.50
$4,500 Employee $ 682.50 $ 970.00 $208.34 $ 1,178.34 $ (287.50)
Deductible Emp+Child(ren) $ 1,433.50 $ 1,285.00 $312.50 $ 1,597.50 $ 148.50
Open access Emp+Spouse $ 1,503.00 $ 1,345.00 $312.50 $ 1,657.50 $ 158.00
Family $ 1,911.50 $ 1,715.00 $312.50 $ 2,027.50 $ 196.50
$4,500 Employee $ 580.00 $ 970.00 $208.34 $ 1,178.34 $ (390.00)
Deductible Emp+Child(ren) $ 1,218.50 $ 1,285.00 $312.50 $ 1,597.50 $ (66.50)
Select Emp+Spouse $ 1,277.50 $ 1,345.00 $312.50 $ 1,657.50 $ (67.50)
Family $ 1,624.50 $ 1,715.00 $312.50 $ 2,027.50 $ (90.50)
$30 Employee $ $944.00 $ 970.00 -- $ 970.00 $ (26.00)
Co-Pay Emp+Child(ren) $ 1,982.50 $ 1,285.00 -- $ 1,285.00 $ 697.50
Open access Emp+Spouse $ 2,078.00 $ 1,345.00 -- $ 1,345.00 $ 733.00
Family $ 2,643.00 $ 1,715.00 -- $ 1,715.00 $ 928.00
Waive $ 155.00 -- $ 155.00 $ (155.00)
Meeting: City council
Meeting date: September 18, 2023
Consent agenda item: 5e
Benefit-earning part-time employees regularly scheduled to work 20-29 hours per week will be
eligible to receive a pro-rated (50%) employer contribution, and full 100% employer VEBA
contribution. Employees who choose to waive coverage will be eligible for a reduced employer
contribution that may be used to purchase other supplemental benefits in the amount of $155
(pro-rated for part-time employees).
Budget considerations:
In initial budget projections, city staff had estimated a 13% increase in premiums for 2023. The
renewal provided a 2.19% increase for medical insurance. This amount has been included in the
budget projections. These numbers were included in the budget report that was provided to
council on August 28, 2023.
Next steps:
Staff is pleased with the benefit programs that have been developed and offered. Staff feel that
the plans as outlined above will provide satisfactory and affordable options for coverage based
on individual needs. Approval is recommended.
City council meeting of September 18, 2023 (Item No. 5e) Page 6
Title: Resolution approving 2024 employer benefits contribution
Resolution No. 23-_____
Resolution establishing
2024 employer benefits contribution
Whereas, the city council has established a benefit plan that provides an effective means
for providing employee group benefits; and
Whereas, the city council establishes rates and plans for each calendar year; and
Whereas, the administration of such plans will be in accordance with plan documents as
approved by the city manager, who will also set policy and procedures for benefit level
classification and administration of plans; and
Now therefore be it resolved by the city council of the City of St. Louis Park:
1.Effective January 1, 2024, the monthly contribution of benefit dollars from the city for non-
union regular employees, including the city manager, who work at least 30 hours per week,
and who choose EMPLOYEE ONLY coverage be set at $970 per month, pro-rated for regular
part-time employees who work 20-29 hours per week.
2.Effective January 1, 2024, the monthly contribution of benefit dollars from the city for non-
union regular employees, including the city manager, who work at least 30 hours per week,
and who choose EMPLOYEE + CHILD(REN) coverage be set at $1,285 per month, pro-rated
for regular part-time employees who work 20-29 hours per week.
3.Effective January 1, 2024, the monthly contribution of benefit dollars from the city for non-
union regular employees, including the city manager, who work at least 30 hours per week,
and who choose EMPLOYEE + SPOUSE coverage be set at $1,345 per month, pro-rated for
regular part-time employees who work 20-29 hours per week.
4.Effective January 1, 2024, the monthly contribution of benefit dollars from the city for non-
union regular employees, including the city manager, who work at least 30 hours per week,
and who choose FAMILY coverage be set at $1,715 per month, pro-rated for regular part-
time employees who work 20-29 hours per week.
5.Effective January 1, 2024, employees who choose EMPLOYEE ONLY coverage on the
DEDUCTIBLE PLANS will be eligible for an employer VEBA contribution of $208.34 per month
($2500/year).
6.Effective January 1, 2024, employees who choose EMPLOYEE+CHILD(REN),
EMPLOYEE+SPOUSE, or FAMILY coverage on the DEDUCTIBLE PLANS will be eligible for an
employer VEBA contribution of $312.50 per month ($3750/year).
7.Effective January 1, 2024, the monthly contribution of benefit dollars from the city for non-
union regular employees, including the city manager, who work at least 30 hours per week,
and who WAIVE COVERAGE will be set at $155 per month, pro-rated for regular part-time
employees who work 20-29 hours per week.
8.The city will continue to administer other benefit programs.
City council meeting of September 18, 2023 (Item No. 5e) Page 7
Title: Resolution approving 2024 employer benefits contribution
9.The appropriate city officials are hereby authorized and directed to deduct the balance of
any sum premium from the compensation of an employee or officer and remit the
employee’s or officer’s share of any such premium to the insurer under an approved
contract.
Reviewed for Administration: Adopted by the city council September 18,
2023
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: September 18, 2023
Consent agenda item: 5f
Executive summary
Title: Resolution approving off-site gambling for Community Charities of Minnesota
Recommended action: Motion to adopt resolution authorizing Community Charities of
Minnesota to conduct off-site gambling on September 23, 2023, at the St. Louis Park ROC, 3700
Monterey Drive.
Policy consideration: Does Community Charities of Minnesota meet the requirements to
conduct off-site gambling?
Summary: Community Charities of Minnesota applied to conduct off-site gambling in
connection with the ROCtoberfest event taking place at the St. Louis Park Recreation Outdoor
Center (ROC) on September 23, 2023. Community Charities of Minnesota currently holds a
premises permit to conduct lawful gambling at Park Tavern and will provide pull-tabs for this
event.
State law provides that a licensed organization can conduct lawful gambling on a premises
other than the organization’s permitted premises. However, the city is required to approve the
off-site request for the organization to obtain the required permit from the State Gambling
Control Board.
Community Charities of Minnesota adheres to the laws associated with gambling and all
requirements have been met for issuance. Should the city council approve, the application and
resolution will be forwarded to the State Gambling Control Board who is responsible for issuing
the permit.
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: Resolution
Prepared by: Amanda Scott-Lerdal, deputy city clerk
Reviewed by: Melissa Kennedy, city clerk
Approved by: Kim Keller, city manager
City council meeting of September 18, 2023 (Item No. 5f) Page 2
Title: Resolution approving off-site gambling for Community Charities of Minnesota
Resolution No. 23-___
Resolution approving application for Community Charities of Minnesota to
conduct lawful gambling off premises at the ROC, 3700 Monterey Drive
September 23, 2023
Whereas all organizations applying for a lawful gambling permit must meet the criteria set
forth in St. Louis Park City Code, Chapter 15 relating to the location of lawful gambling
activities; and
Whereas a licensed organization may not conduct lawful gambling on a premises other
than the organization’s permitted premises unless it has first obtained approval as required
under state law and obtained approval from the State Gambling Control Board; and
Whereas the board may not issue an off-site permit for a licensed organization to conduct
lawful gambling for more than 12 events in a calendar year, not to exceed three (3) days per
event; and
Now therefore be it resolved, the above application has met the criteria necessary to
receive an off-site permit and the St. Louis Park City Council hereby approve the application.
Reviewed for administration: Adopted by the city council September 18,
2023
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: September 18, 2023
Public hearing: 6a
Executive summary
Title: Consider on-sale brewer’s taproom liquor license for Ullsperger Brewing, LLC – Ward 4
Recommended action:
• Mayor to open public hearing, take public testimony, and close public hearing.
• Motion to approve application from Ullsperger Brewing, LLC dba Ullsperger Brewing for
a brewer’s taproom license to be located at 2314 Louisiana Avenue South.
Policy consideration: Does the applicant meet the requirements for issuance of an on-sale
brewer’s taproom license?
Summary: The city received an application from Ullsperger Brewing, LLC dba Ullsperger
Brewing for a brewer taproom liquor license operating at 2314 Louisiana Avenue South. The
premises will consist of approximately 1,470 square feet with an indoor-only seating capacity of
20. Fewer than 3,500 barrels of malt liquor will be produced per year. Dan Ullsperger is the sole
owner of the company and will also serve as on-site manager. The application also meets the
requirements of the zoning and building divisions.
The police department has run a full background investigation and nothing was discovered that
would warrant denial of the license. The application and police report are on file in the city
clerks’ office. The required notice of the public hearing was published September 7, 2023. If
approved, the license will not be issued until all requirements have been met with the city,
Hennepin County, and the State Alcohol and Gambling Enforcement Division.
Financial or budget considerations: Fees for this applicant include $500 for the police
background investigation and $600 for the brewer taproom license fee.
Strategic priority consideration: Not applicable.
Supporting documents: None.
Prepared by: Amanda Scott-Lerdal, deputy city clerk
Reviewed by: Melissa Kennedy, city clerk
Approved by: Kim Keller, city manager
Meeting: City council
Meeting date: September 18, 2023
Action agenda item: 7a
Executive summary
Title: Resolutions to adopt 2024 preliminary property tax levy certification
Recommended action: Motion to adopt resolutions approving 2024 preliminary property tax
levy
Policy consideration: Does the city council support the proposed preliminary levy increase of
7.7% that includes the following components:
1. General levies (general fund (GF), park improvement, capital replacement and employee
benefits) equal to $37,569,803
2. Debt Service levy equal to $6,292,503
3. Housing Redevelopment Authority (HRA) levy equal to $1,744,133
4. Economic Development Authority (EDA) levy equal to $877,000
Summary: Included in this report is information pertaining to the 2024 preliminary property tax
levy. Council held its preliminary budget discussions on Aug. 7 and 28, 2023 and, at that time,
instructed staff to move forward with preparing a preliminary general levy increase of 7.7%. As
the 2024 budget process continues staff will have discussions and provide more information to
council prior to the Dec. 4, 2023 public hearing and final adoption on Dec. 18, 2023. Once the
preliminary levy is set, it can be decreased but not increased. The city manager will continue to
work with directors to finalize recommendations and provide additional information to council.
Financial or budget considerations: The proposed tax levy will help support necessary city
services to be provided during 2024.
Strategic priority consideration: None at this time.
Supporting documents: Discussion
Resolution (General levy)
Resolution (HRA levy)
Resolution (EDA levy)
Prepared by: Amelia Cruver, finance director
Reviewed by: Cheyenne Brodeen, administrative services director
Approved by: Kim Keller, city manager
City council meeting of September 18, 2023 (Item No. 7a) Page 2
Title: Resolutions to adopt 2024 preliminary property tax levy certification
Discussion
Background:
On Aug. 7 and 28, 2023 staff met with the city council to discuss recommended spending and
associated revenue levels to support the Capital Improvement Plan, long-range financial plan
and new budget proposals. Recommendations in the proposed 2024 budget are based on
maintaining high-quality services and advancing city priorities while also making best use of
public dollars.
Present considerations:
Since then, staff have identified two adjustments that need to be made to portions of the total
levy. Staff are recommending offsetting adjustments to maintain a 7.7% preliminary levy
increase and will continue to work over the coming months at lowering the final levy increase
which will be voted on Dec. 18, 2023.
HRA levy adjustment
The HRA levy is set at the maximum amount allowed under statute, 0.0185 percent of
estimated market value of the city. In the Aug. 28, 2023 presentation to council, a preliminary
estimate of that maximum was used. That estimate was $1,858,489. Since then, the county has
refined their numbers and released official maximums for all cities in its jurisdiction resulting in
a maximum HRA levy for St. Louis Park of $1,744,133, which is a decrease of $114,356 from the
projected amount. This adjustment has been made in the preliminary levy table below.
In order to hold the housing budget harmless, staff recommends increasing the general fund
levy by the same amount. This allows for the same amount of revenue available to housing
projects and programs as was presented in the Aug. 28, 2023 presentation and adheres to all
statutory restrictions on the HRA levy.
Debt service levy adjustment
The debt service levy must be set at the amount needed to pay debt service obligations due in
2024. After an analysis of funds available in the debt service funds it was determined that a levy
of $6,292,503 was needed, $70,310 less than what was presented on Aug. 23, 2023. This
adjustment has been made in the preliminary levy table below.
Staff recommends adding $70,000 to the maximum general fund levy. This will add to the
resources available to address any emerging operational needs that may come up in the coming
months before the levy is adopted in December. Between now and final levy adoption, staff will
continue to respond to council directions, hold system discussions and receive presentations on
TIF districts and administrative and utility fees. Preserving this extra room to address any
operational needs that come up between now and approval in December is recommended. If
no additional operating needs materialize, this amount can be reduced from the final levy,
resulting in an all-inclusive increase of 7.5%.
City council meeting of September 18, 2023 (Item No. 7a) Page 3
Title: Resolutions to adopt 2024 preliminary property tax levy certification
Recommended Adjusted Preliminary Levy 2024
Fund 2023 Adopted 2024 Proposed
General Fund 32,041,296 34,332,010
Capital Replacement Fund (building and IT
infrastructure) 1,646,142 2,177,793
Park Improvement Fund 860,000 860,000
Employee Benefits Fund 150,000 200,000
Subtotal General Levies 34,697,438 37,569,803
Debt Service Levy 6,362,813 6,292,503
General and Debt Service Levies 41,060,251 43,862,305
Housing Redevelopment Authority Levy 1,582,696 1,744,133
Economic Development Authority Levy 500,000 877,000
Total Property Tax Levy 43,142,947 46,483,438
The Housing Redevelopment Authority and Economic Development Authority levies must be
adopted by both the EDA and city council and will travel as separate resolutions to achieve that
goal. General and debt service levies must be adopted by city council and will be in a
standalone resolution.
Property Tax Increase Impact by property type
The city’s portion of property tax paid by individual property owners is determined by the levy
as approved by council and the market value of all properties within the city. Looking ahead to
taxes payable in 2024, the market values of industrial and commercial properties are growing
faster than residential. This will result in an increase in property tax bills for residential
properties that is less than the overall property tax increase.
The median home value is $373,300, a 0.4% increase from the previous year. A 7.7% levy would
result in an increase of 4.3% for a single-family homeowner at the median value with a
homestead exemption. This will result in an estimated $67.26 annual property tax increase for
the median priced home of $373,300, or $5.61 per month, in 2024.
Estimated percent changes in annual property tax under a 7.7 % levy for different types of
residential properties are listed below. All but two are growing well below the 7.7% growth in
the levy. Condominiums have experienced larger growth in value from 2023 into 2024 which is
resulting in an increase of 13.8%. The 10% increase to class C apartments is due to the
increased sale prices in this class as well as renovations to units.
City council meeting of September 18, 2023 (Item No. 7a) Page 4
Title: Resolutions to adopt 2024 preliminary property tax levy certification
Median Value
for Pay 2024
Pay 24
Estimated
Property Tax
(City)
Percent
Change Pay
23 vs Pay
24
Single Family Residential, 1st Quantile 288,900 $1,235.34 3.6%
Single Family Residential, Median 373,300 $1,644.64 4.3%
Condominiums 208,800 $846.90 13.8%
Townhomes 260,700 $1,098.59 -1.5%
Apartments - Class C 124,000 $689.61 10.0%
Apartments - Class B 192,200 $1,068.90 3.9%
Apartments - Class A 280,500 $1,559.97 3.6%
Next steps:
2024 budget development calendar
August 7 General fund budget and American Rescue Plan Act (ARPA): projections at
current service level, staff priorities for general fund changes, update on
potential one-time capital grant program
August 28 Proposed 2024 budget: revised general fund, long range financial plan,
capital improvement plan, EDA and HRA levies
September 18 Preliminary levy adoption
October* Fee adoption and hearing
October –
November*
Tax Increment Financing management report
November 27 Review final budget and levies prior to Truth in Taxation hearing
December 4 Truth in Taxation hearing
December 18 2024 budget adoption
*Specific dates are TBD
In October the council will review the TIF management report which will present options for
district decertification over the next few years. Work can be done to plan levy increases over
the long term with decertification years to minimize property tax bill increases to property
owners.
Additionally, finance staff will work to complete a rate study for utility services to incorporate
new contracts and revised capital spending proposals. Other fees for service will be revised and
adjusted as needed in October. That work will be presented to council later in the fall and
provide a full picture of the changes in costs to residents and businesses in St. Louis Park in
2024.
City council meeting of September 18, 2023 (Item No. 7a) Page 5
Title: Resolutions to adopt 2024 preliminary property tax levy certification
Resolution No. 23-___
Resolution approving 2024 preliminary property tax levy, and setting public
hearing date for the 2024 budget and final property tax levy
Whereas The City of St. Louis Park is required by Charter and state law to approve a
resolution setting forth an annual tax levy to the Hennepin County Auditor;
Whereas Minnesota Statutes require approval of a preliminary property tax levy on or
before September 30th of each year;
Whereas the city council has received the proposed budget information;
Whereas there are sufficient funds on hand, the 2024 debt levy is reduced from
$6,418,707.78 to $6,292,503; and
Whereas after the approval of the proposed EDA and HRA levies by the EDA and City
Council in addition to the general and debt service levies below, the overall preliminary levy
increase will be 7.7 percent.
Now therefore be it resolved that the truth in taxation public hearing will be held on
December 4, 2023; and
It is further resolved that the city council of the City of St. Louis Park, Hennepin County,
Minnesota, that the following sums of money be levied for collection in 2024 upon the taxable
property in said City of St. Louis Park for the following purposes:
2024
proposed
Tax capacity-based tax
levy levy
General $37,569,803
Debt service 6,29,503
Total $43,862,305
Be it further resolved that the chief financial officer is hereby authorized and directed
to transmit this information to the County Auditor of Hennepin County, Minnesota and the
Minnesota Department of Revenue, if applicable, in the format requested as required by law.
Reviewed for administration: Adopted by the city council September 18, 2023
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
City council meeting of September 18, 2023 (Item No. 7a) Page 6
Title: Resolutions to adopt 2024 preliminary property tax levy certification
Resolution No. 23-___
Authorizing the preliminary HRA levy for 2024
Whereas, pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the “EDA Act”),
the City Council of the City of St. Louis Park created the St. Louis Park Economic Development
Authority (the "Authority"); and
Whereas, pursuant to the EDA Act, the city council granted to the Authority all of the
powers and duties of a housing and redevelopment authority under the provisions of the
Minnesota Statutes, sections 469.001 to 469.047 (the "HRA Act"); and
Whereas, Section 469.033, subdivision 6 of the Act authorizes the Authority to levy a tax
upon all taxable property within the city to be expended for the purposes authorized by the HRA
Act; and
Whereas, such levy may be in an amount not to exceed 0.0185 percent of estimated
market value of the city; and
Whereas, the Authority has filed its budget for the special benefit levy in accordance with
the budget procedures of the city in the amount of $1,744,133; and
Whereas, based upon such budgets the Authority will levy all or such portion of the
authorized levy as it deems necessary and proper;
Now therefore be it resolved by the St. Louis Park City Council that approval is hereby
given for the Authority to levy, for taxes payable in 2024, such tax upon the taxable property of
the city as the Authority may determine, subject to the limitations contained in the HRA Act.
Reviewed for administration: Adopted by the City Council September 18, 2023
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
City council meeting of September 18, 2023 (Item No. 7a) Page 7
Title: Resolutions to adopt 2024 preliminary property tax levy certification
Resolution No. 23-_____
Approving a present intent to levy a tax for Economic
Development Authority purposes pursuant to
Minnesota Statutes, Section 469.107
Whereas, pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as
amended (the “Act”), the city established the St. Louis Park Economic Development Authority
(the “EDA”); and
Whereas, Section 469.107, subdivision 1 of the Act authorizes the city, at the request of
the EDA, to levy and collect a tax of up to 0.01813% of the estimated market value of taxable
property within the city, levied upon all taxable real property within the city, for economic
development purposes; and
Whereas, the EDA has requested that the city approve such a levy in the amount of
$877,000 and the city finds that such a levy is in the best interest of the city and EDA because it
will facilitate economic development; and
Now therefore be it resolved that the City Council of St. Louis Park hereby approves the
levy of a tax for economic development purposes pursuant to Section 469.107, subdivision 1 of
the Act in the amount equal to $877,000 with respect to taxes payable in calendar year 2024.
Reviewed for administration: Adopted by the city council September 18, 2023
Kim Keller, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: September 18, 2023
Action agenda item: 7b
Executive summary
Title: Public sewer and water utilities protection program
Recommended action: Motion to approve first reading of an ordinance amending Chapter 6,
establishing Article X. Backflow Prevention and Chapter 8, Division 3, Subdivision IV.
Establishing a Grease Producer License to the St. Louis Park City Code, and to set the second
reading for October 2, 2023.
Policy consideration: Does city council wish to establish a program to ensure regular testing of
backflow prevention assemblies and an annual business license and inspection program for
establishments discharging fats, oils and greases into the city sanitary sewer system?
Summary: The purpose of backflow assemblies is to protect the public water supply system
from possible backflow contamination of chemical or hazardous substances. Primarily in
commercial and industrial buildings and also some homes, these assemblies are required by the
state plumbing code to be tested annually for ensuring proper operation. The proposed
registration program developed for chapter 6 will track, document and follow up with the
property owners to verify that testing has occurred, and results are submitted to the city.
Discharging fats, oils and greases (FOG) into sewers will solidify in the mains and require city
crews to more frequently clean the lines to prevent sewage backups. The most significant
discharger of FOG are businesses that are in the food producing or service industry. To help
ensure that these owners are properly cleaning and maintaining their FOG interceptors and
following best practices, an annual FOG producer license with inspections is proposed within
chapter 8. A provision license is included to provide regular city preventive cleaning for
businesses that do not have a grease interceptor installed.
In June of 2023, owners of both backflow prevention devices and FOG producers were
informed by mail. Presentations to learn more about the programs were offered during
morning and evening hours on July 11, 2023 at City Hall. A total of two building owners
attended and both supported the proposed programs to help protect our city water and sewer
systems.
Financial or budget considerations: Effectively administering these programs will require an
added permit technician position as requested in the proposed 2024 building and energy
operating budget. As fee-for-service programs, fees of $40 per backflow device, $400 per FOG
license and $1,100 for a provisional FOG license are proposed to fully recover expenditures.
Strategic priority consideration: St. Louis Park is committed to continue to lead in
environmental stewardship.
Supporting documents: Discussion
Proposed ordinance
Prepared by: Jay Hall, public works director
Reviewed by: Brian Hoffman, building and energy director
Approved by: Kim Keller, city manager
City council meeting of September 18, 2023 (Item No. 7b) Page 2
Title: Public sewer and water utilities protection program
Discussion
Background:
The council began discussions over concerns with FOG accumulation in city sewer mains and
water system backflow prevention during 2019. Staff created program outlines and proceeded
with public informational meetings at that time. When the pandemic occurred in 2020,
ordinance development and publishing for the first reading was paused.
Fats, oils and grease (FOG)
FOG generation and disposal primarily occurs through commercial food preparation and dish
washing. A properly sized and functioning grease interceptor, located either within or outside
the building, should collect and hold much of the grease. Grease interceptors have been
required by the state plumbing code since 2009 and many of our older buildings also had them
installed during construction or remodeling.
If a grease interceptor is not functioning properly, FOG will be discharged from the building
drain and flow into city sewer mains. FOG will then cool in the main pipe and solidify, causing
blockages which will result in sewer back-ups into buildings or through the manhole onto the
street. Once sewage is on the street, it may flow into the storm water system and drain into
streams and lakes. The source of FOG blockages in city main sewer are not always easy to
identify if there are many buildings discharging in the area.
City sewer mains connected to businesses discharging FOG have a history of needing more
frequent cleaning. Utility division staff maintain all sanitary sewer mains by cleaning on a
regular basis of every four to five years. Several main lines and lift stations experiencing FOG
problems need to be cleaned every six months. Total annual cost of staff hours for cleaning all
the city sewers is about $250,000. Approximately $30,000 of this staff time cost is due to the
more frequent cleaning of areas with FOG accumulation.
Hennepin County Environmental Health is delegated by the Minnesota Department of Health
to administer the state food code in St. Louis Park for food service. This includes the licensing
and inspection of approximately 150 food service establishments of various types in the city.
These establishments pay an annual license fee ranging from $230 to $1,470 based on risk
class and size. The Minnesota Department of Agriculture (MDA) licenses and inspects the
remaining establishments involved with food manufacturing and retail food sales (retail sale of
packaged food does not create FOG discharge). The state health code does not require grease
trap installation or that they be kept clean and operational; therefore, neither the county or
state inspectors include grease trap installation, operation or maintenance as part of regular
inspections.
There is currently no regulation or program in place that allows city staff to inspect grease traps
and interceptors, or to respond when resulting issues are discovered. The current state
plumbing code requires installation only during new buildings with grease production potential.
Staff is estimating that there are about 110 establishments that would require a license for FOG
generation if this program were implemented.
Many communities across the country have been utilizing inspection programs to manage
City council meeting of September 18, 2023 (Item No. 7b) Page 3
Title: Public sewer and water utilities protection program
FOG for years. Communities with local wastewater treatment have significant concerns
with main-line accumulation and end-point treatment. Locally, Golden Valley has begun a
FOG management program that includes excellent educational materials.
Water backflow protection assemblies
Minnesota state statutes place responsibility for compliance with the Safe Drinking Water Act
on the water purveyor through the Department of Health and the Department of Labor and
Industry. The Safe Drinking Water Act and its regulations cover all potable water systems and
states that “minimum" protection should include programs that result in the prevention of
health hazards, such as cross connections.
Protection of potable water from contaminates originating within all buildings is regulated by
the MN state plumbing code. A present code requirement states backflow assemblies must be
installed when any equipment or connection could allow transfer of chemicals into the water
supply. High water flow from a fire hydrant in use or a water main break can result in a
temporary negative pressure suction in the system, drawing contaminants from building
equipment into city water pipes.
Most of the estimated 1,500 backflow prevention assemblies currently in service are located in
commercial buildings and protect the city water supply from soaps, fertilizers, chemicals and
acids. Some residential buildings utilize these devices when potable water is connected directly
to boilers or irrigation systems. The degree of hazard determines the type of backflow
prevention device required to protect the water supply. Although there are several types, the
current State plumbing code requires only following specific types of backflow assemblies be
tested due to their complexity and lack of signal if they fail:
• Double check valve backflow prevention assembly (DC)
• Pressure vacuum breaker backflow prevention assembly (PVB)
• Spill resistant pressure vacuum breaker (SVB)
• Reduced pressure backflow prevention assembly (RP)
• Double check detector fire protection backflow prevention assembly
• Reduced pressure detector fire protection backflow prevention assembly
State code previously required only RP type valves to be tested. The city has maintained an
inventory of these and mails annual courtesy reminder letters to property owners. Without
an ordinance specifying requirements or consequences, verification is not completed and
many valves go untested.
The latest MN plumbing code adoption during 2016 created changes in types of backflow
devices and required testing. Many cities have begun evaluating how to comply and some have
already fully implemented them. Staff has reviewed the Minneapolis, Eagan, Owatonna, and
Rochester city programs during the process of developing an effective and efficient proposal.
Proposed programs: The proposed ordinance creates both a new annual business license
category for FOG producers and an annual registration process for verifying testing of backflow
prevention devices.
City council meeting of September 18, 2023 (Item No. 7b) Page 4
Title: Public sewer and water utilities protection program
FOG producer license
As it affects operations and the public, utilities and building and energy inspectors have
discussed the severity of this problem in sanitary sewers for several years. Grease collectors
need to be maintained through good disposal practices and regular cleaning. Proper disposal
of collected FOG is also part of ensuring it does not enter the sanitary system.
Amending city code chapter 8 for business licensing provides a sound regulatory frame for
adding a program to help reduce FOG and would utilize the current licensing system. Permit
technicians, inspectors, and administrative staff within building and energy currently
administer the other general business license types. The proposed business license type is for
commercial and industrial businesses producing FOG with discharge to the sanitary sewer
system.
Program steps for licensed food establishments follow best practices for maintenance of grease
traps and interceptors. Similar to our other business license programs, the proposed steps
include:
1. City sends an annual license application to each FOG-generating business during
November after the fee schedule is established.
2. Business owner/manager completes application and submits with license fee by
December 31.
3. City issues annual license with educational material.
4. Staff contact businesses during the year to schedule inspection. Frequency depends on
size and type of grease interceptor, amount of use, and type of cooking.
5. An inspector verifies compliance or develops a plan for improvement.
Inspection to verify cleaning is recommended to occur annually at minimum and quarterly if
needed. The program also sets the expectation for businesses to establish a cleaning log with
verification. While some interceptors may require weekly or monthly cleaning, inspection at
this frequency is not needed or possible. About 100 or more of the county licensed food
establishments are grease producing and expected to be city licensed. An additional ten
establishments under MDA licensing may also be included. The program proposes a main
focus on education to encourage owners/operators to maintain proper grease interceptor
operation.
There may be a few businesses, due to age or changed use, that do not have a grease trap or
interceptor installed. In these businesses, the city is unable to require a retrofit installation of
grease collection device if the building remains in compliance with the code at the time of
construction. These establishments may need assistance to install the appropriate device at a
cost of $5,000 to $15,000 depending on size and location. A city loan program or property
assessment program to assist with retrofit installations is recommended for consideration.
Staff has inquired with Metropolitan Council Environmental Services about developing a grant
program for installation.
For establishments without grease interception, the incidence of FOG accumulation within the
city sewer main is higher. To cover the city cost of performing added preventive sewer main
cleaning at these business locations, proactive cleaning of the city sewer main is recommended.
City council meeting of September 18, 2023 (Item No. 7b) Page 5
Title: Public sewer and water utilities protection program
The added costs of public works staff cleaning a typical sewer main (that has a food
establishment service entering it) is several hundred dollars. To recover the additional cleaning
costs, a provisional FOG license with a higher $1100 annual fee will be issued to establishments
without a functioning and maintained grease interceptor. The provisional license can be
converted to a regular license when a grease interceptor is installed.
Backflow prevention assembly registration
The city is responsible for administering the state plumbing code and keeping the potable water
system safe. One responsibility is to ensure that all testable backflow prevention devices
connected to the water system, on public and on private property, are tested yearly by a
certified tester to determine they are functioning properly.
The ordinance will create a registration program for tracking the testing of all the backflow
prevention assemblies. The database of approximately 1500 assemblies will identify the property
owners, assembly locations, and last verified test date. Courtesy letters will be sent in advance,
reminding owners to arrange the test by the 12-month anniversary.
Property owners will be responsible for hiring a certified assembly tester of their choice. The
cost for testing will vary and is set by the individual tester, reportedly beginning around $150
and rising depending on the type and size. There may be a lower cost for businesses with
multiple valves being tested simultaneously. Only a Minnesota licensed plumber is authorized
to perform repairs or replacement of the device if necessary.
The certified contractor will provide testing information on the city provided form and submit
to the city with the registration fee.
If the testing is not completed, reminder notices will be sent and owner outreach to encourage
participation. Continued disregard of the annual testing would result in a monthly service
charge being placed on the utility billing until compliance is achieved.
Financial considerations: Proposed license and registration programs are designed as fee-for-
service, consistent with other inspection programs.
The responsibilities for creating educational materials, mailings, license processing, customer
interaction, inspections and follow-up would be accomplished primarily by building and energy
staff with public works assistance. The combined duties for both programs amount to adding a
full-time permit technician position in the building and energy department working with
inspectors to perform the on-site FOG inspections. Total program expenditures will be
$100,000 per year.
Staff’s recommendation for annual license and registration fees will be based on maintaining
fee-for-service programs not reliant on adding to the general levy. Initial analysis indicates
that an annual FOG license of $400, provisional FOG license of $1,100, and a backflow valve
registration fee of $40 each are needed to recover expenditures for these added programs.
The staffing costs and fee adjustments will be incorporated into the 2024 budget process if
proceeding with these programs.
City council meeting of September 18, 2023 (Item No. 7b) Page 6
Title: Public sewer and water utilities protection program
Next steps: If the first reading is approved, second reading will be scheduled for October 2,
2023 with an effective date of January 1, 2024. The fees will be included with the adoption of
Appendix A scheduled for first reading on October 2, 2023.
City council meeting of September 18, 2023 (Item No. 7b) Page 7
Title: Public sewer and water utilities protection program
Ordinance No. ______-__
Ordinance amending chapters 6 and 8 of the city code to establish a backflow
prevention program and a grease producer license.
The City Council of the City of St. Louis Park, Minnesota does ordain:
Section 1. City staff determined that annual registration of backflow preventers would
satisfy the city’s responsibility of the state plumbing code for all backflow assembly devices
being tested annually for proper operation to protect the city water system. City staff also
determined that annual licensing for FOG would allow staff to inspect grease traps for proper
sizing, installation, and maintenance that would help prevent grease from entering the city
sanitary sewer system and help prevent sewer backups of the city sewer system.
Section 2. Chapter 6 of the St. Louis Park City Code is hereby amended to create Article X,
to read as follows:
Article X. Backflow Prevention
Sec. 6-312. Purpose; program.
A program is hereby established to monitor the installation, removal, replacement,
relocation, and maintenance of regulated backflow prevention assemblies. The intent of the
program is to protect the public health and sanitation from potential contamination of the public
water supply system.
Sec. 6-313. Registration required.
All new and existing properties using a regulated backflow prevention assembly
connected to the municipal water supply must obtain a registration for each assembly with the
city. Regulated backflow prevention assemblies subject to this program shall be those identified
in the Minn. State Plumbing Code, Minn. Rule 4714 which are of a design intended to be tested
for operation. Regulated backflow prevention assemblies may not be removed from any location
where they are required except for during repair or replacement.
Sec. 6-314. Fees.
The city's registration fee for a regulated backflow prevention assembly shall be
established by the city council in Appendix A.
Sec. 6-315. Maintenance and testing.
The owner of a regulated backflow prevention assembly shall ensure the assembly is
maintained in proper working order and shall cause the assembly to be inspected and tested
periodically to ensure the assembly is functioning as intended. Testing intervals shall not exceed
one (1) year. Testing shall also occur each time a regulated backflow assembly is installed or re-
City council meeting of September 18, 2023 (Item No. 7b) Page 8
Title: Public sewer and water utilities protection program
built. If unusual circumstances exist for any regulated backflow assembly, the city may require
more frequent testing. All testing and work on regulated backflow assemblies must be
performed by individuals with the appropriate state license or certification to conduct backflow
assembly testing or maintenance.
Sec. 6-316. Submit testing report and fee.
All information requested on the city provided test report shall be completed by the tester
and a copy shall be submitted to the city, along with the registration fee, within thirty (30) days
of the test date.
Sec. 6-317. Enforcement and penalties.
Failure to comply with maintenance and testing requirements outlined in Sec. 6-315 and
6-316 will result in noncompliant status with the city’s backflow prevention program. The city will
notify in writing each property owner that is delinquent in submitting annual backflow
prevention assembly tests. The first written notice shall give the property owner a maximum of
30 calendar days to have the backflow prevention assembly tested and submitted. Each property
owner that fails to comply after receiving the first written notice shall be issued a second notice
along with a noncompliance service fee that will be added to the monthly utility bill for the meter
service associated with the regulated backflow prevention device. The service fee for the city to
obtain compliance with the backflow prevention program shall be established by the city council
in Appendix A and shall be charged for each month that the device remains noncompliant.
Charges made for service rendered shall be as nearly as possible proportionate to the cost of
furnishing the service. Unpaid service charges may be certified to the county auditor in
accordance with Minn. Stat. § 444.075, subd. 3e. Untested or nonfunctioning backflow
prevention devices may result in disconnecting the water service for conditions threatening the
public water supply.
Section 3. Chapter 8, Division 3, Subdivision IV of the City Code is hereby amended to
read as follows:
Subdivision IV. Grease producer license
Sec. 8-238. License required.
Any commercial or manufacturing businesses generating animal or vegetable fats, oils and
greases (“FOG”), through food preparation, service, manufacturing or other products are not
permitted to discharge such substances into the city sanitary sewer system without first
obtaining a Grease Producer License or Provisional Grease Producer License from the city.
Sec. 8-239. Licensing process.
(a) Application. Applicants for a Grease Producer License or Provisional Grease
Producer License shall submit a completed application to the City's Licensing Department on a
form provided by the city for such purpose. The application shall include relevant business
information, contact details, and any other required documentation as determined by the city.
City council meeting of September 18, 2023 (Item No. 7b) Page 9
Title: Public sewer and water utilities protection program
(b) Review. The city will review the submitted applications to determine compliance
with the licensing requirements. Applications for a Grease Producer License shall be evaluated
based on the installation and maintenance of grease interceptors or approved FOG control
devices. The city may request additional information or conduct site inspections, if necessary,
to assess compliance.
(c) Issuance. Upon successful review and evaluation, the city's licensing department
shall approve the application and issue the appropriate license:
1. A Grease Producer License shall be granted to FSE and commercial/industrial
businesses that have installed and maintained compliant grease interceptors
or FOG control devices.
2. A Provisional Grease Producer License shall be granted to buildings that are
required to be licensed but do not currently have a proper grease
interceptor. The holder of a provisional license shall be subject to an
incremental fee increase for each year that the licensee fails to install a
complaint interceptor.
(d) Fees. Licensees shall pay the appropriate fees as established by the city council in
Appendix A. The fee for a Provisional Grease Producer License shall be subject to annual
incremental increases and shall be established to recover the licensing and added city cost for
cleaning the public sewer main receiving the discharge twice annually.
(e) Term and Renewal. All licenses issued under this Subdivision are issued for the
calendar year and are effective from the date of issuance through December 31 of the year in
which the license is issued. For license applications received within the last 30 days of a
calendar year, the license issued will be effective from the date of issuance until December 31
of the following year. Licensees may submit renewal applications accompanied by updated
information. A Grease Producer License renewal application should also be submitted with
evidence of ongoing compliance with the FOG control requirements.
Sec. 8-240. Regulations.
(a) Interceptor Required. All businesses generating FOG which may be discharged
into the city sanitary sewer system must have a functioning grease interceptor unless such
business holds a Provisional Grease Producer License.
(b) Building Code Compliance. All grease interceptors must be sized and installed in
accordance with the Minnesota Plumbing Code. They shall be located before fats, oils and
greases enter into the building sewer, or may be located outside before discharging into the
sanitary sewer service.
(c) Operation and Cleaning. All businesses with a Grease Producer License generating
FOG must comply with the following requirements for operation and cleaning of its grease
interceptor:
City council meeting of September 18, 2023 (Item No. 7b) Page 10
Title: Public sewer and water utilities protection program
1. Regular cleaning of the grease interceptor is required. Depending on the interceptor
size and the amount of FOG being treated, removal of trapped sludge from the
interceptor may need to be done as frequently as weekly or annually. At minimum, all
exterior interceptor tanks must be emptied annually.
2. The license holder or their designee must perform regular inspection of the interceptor
to determine when cleaning of trapped sludge and scum is necessary.
3. Cleaning can be completed by the owner, an employee, or hired service company.
4. Cleaning must be done before the interceptor becomes full and ceases to trap FOG.
5. All removed FOG must be disposed of properly. Proper disposal shall require placing
FOG in a tight-fitting container for a sanitary landfill or recycling.
6. Commercial pumpers cleaning exterior underground tanks must transport the pumped
liquid and FOG to a Metropolitan Waste Control Commission approved disposal station.
7. Each time that the interceptor is cleaned or maintained, an interceptor maintenance
log sheet must be completed with date, type of service performed, and who did the
work.
8. Maintenance logs and receipts from hired cleaners must be retained by the licensee for
at least a year. Log sheets shall be available when requested during the inspection and
submitted with the next year annual license application.
(d) For businesses that hold a Provisional Grease Producer License, the city will
regularly clean the sewer main in front of the property and downstream pipe to remove
accommodated FOG being discharged from the building sewer and entering the city mains.
Sec. 8-241. Inspections and compliance.
(a) The city shall conduct periodic inspections of grease interceptors at least annually
to ensure compliance with the licensing requirements and FOG control measures. More frequent,
monthly inspections may be required by the city based on the interceptor capacity and quantity
being discharged through the interceptor.
(b) Licensees shall cooperate with inspectors, provide access to premises, and provide
necessary documentation relating to grease interceptor maintenance and FOG control. Log
sheets must be available for review by the city inspector during interceptor inspection.
(c) Licensees operating with a Grease Producer License that fail to adequately control
FOG discharge or properly maintain grease interceptor equipment shall be issued a Provisional
Grease Producer License, upon notice, and shall be required to submit the corresponding fee.
The Provisional license will remain in effect for a minimum of one year and until the next annual
license cycle.
(d) Failure to comply with the licensing requirements or demonstrate adequate FOG
control may also result in penalties, fines, or suspension of the license until compliance is
achieved.
City council meeting of September 18, 2023 (Item No. 7b) Page 11
Title: Public sewer and water utilities protection program
Sec. 8-242. Enforcement.
(a) Any commercial or manufacturing businesses generating FOG into the city
sanitary sewer system that has failed to pay the fee for a Provisional Grease Producer License
shall be billed a sewer cleaning fee, as established in Appendix A, to recover the added city cost
for cleaning the public sewer main receiving the discharge without a Provisional Grease Producer
License being in place. Such fee shall be added to the monthly utility bill for the service associated
with the property.
(b) The owner of the real property from which FOG is being discharged into the city
sanitary sewer system will be notified when thirty (30) days have elapsed since a grease producer
located on their property has failed to pay any applicable fees required under this Subdivision.
(c) Any remaining unpaid service charges under this Subdivision may be certified to
the county auditor in accordance with Minn. Stat. § 444.075, subd. 3e.
(d) The city may enforce the provisions of this Subdivision through misdemeanor
prosecution, administrative penalties, a civil enforcement action, a license suspension or
revocation, or any combination thereof. Any suspension or revocation will be conducted in
accordance with Sec. 8-36.
Sec. 8-243—Sec. 8-275. Reserved.
Now, therefore be it resolved that the following ordinances will be added to St. Louis
Park City Code.
Section 4. This ordinance shall take effect fifteen days after its publication.
Reviewed for administration: Adopted by the city council __________, 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 September 18, 2023
Second reading October 2, 2023
Date of publication October 12, 2023
Date ordinance takes effect January 1, 2024