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HomeMy WebLinkAbout2024/02/05 - ADMIN - Agenda Packets - City Council - RegularAGENDA FEBRUARY 5, 2024 6:20 p.m. Economic Development Authority meeting 1.Call to order a.Roll call. 2.Approve agenda. 3.Minutes a.Minutes of January 2, 2024 EDA meeting b.Minutes of January 16, 2024 EDA meeting 4. Consent items a.Hennepin County AHIF grant resolution of support for Beltline Station Development’s affordable housing building – Ward 1 b.Resolution approving letter of non-default – Beltline Station – Ward 1 5.Public hearings – none. 6.Regular business – none. 7.Communications and announcements – none. 8.Adjournment. 6:30 p.m. City council meeting 1.Call to order a.Roll call. b.Pledge of Allegiance. 2.Approve agenda. 3.Presentations a.Introduce and welcome new Community Emergency Response Team members b.Recognition of Rick Beane on his retirement c.Recognition of donations to the parks and recreation department 4.Minutes a.Minutes of January 2, 2024 city council meeting b.Minutes of January 16, 2024 city council meeting 5.Consent items a.Resolution recognizing retirement of Rick Beane, parks superintendent b.Adopt ordinance amending city code chapter 3 related to alcoholic beverages c.Resolution authorizing final payment for 2022 Pavement Management project (4021-1000) – Ward 1 Agenda EDA and city council meeting of February 5, 2024 d.Approve bid for Rotary Northside Park Water Quality Improvement project (4021-1000) – Ward 4 e.Approve resolution and order to abate hazardous building, 2519 Virginia – Ward 4 f.Authorize pre-bonding g.Approve joint powers agreement between police department and Hennepin County h.Resolution approving 2024-2025 LELS #206 labor agreement i.Resolution approving letter of non-default for Beltline Station – Ward 1 j.Resolution to renew liquor license for period March 1, 2024 - February 28, 2025 k.Resolution accepting donations to the parks and recreation department 6.Public hearings a.Public hearing to consider brewer’s off-sale malt liquor license for Ullsperger Brewing, LLC – Ward 4 b.Public hearing to consider brewer’s off-sale malt liquor license for Haggard Barrel Brewing Co., LLC – Ward 2 7.Regular business a.Resolutions establishing the 2024 Pavement Management project (4024-1000) – Ward 2 8.Communications and announcements – none. 9.Adjournment. 8. Communications and announcements – none. 9. Adjournment. Members of the public can attend St. Louis Park Economic Development Authority, city council meetings and study sessions in person or watch live by webstream at bit.ly/watchslpcouncil or at www.parktv.org, or on local cable (Comcast SD channel 14/HD channel 798). Recordings of the meetings are available to watch on the city's YouTube cha nnel at www.youtube.com/@slpcable, usually within 24 hours of the end of the council meeting or study session. The council chambers is equipped with Hearing Loop equipment and headsets are available to borrow. If you need special accommodations or have questions about the meeting, please call 952.924.2505. Meeting: Economic development authority Meeting date: February 5, 2024 Minutes: 3a Unofficial minutes EDA meeting St. Louis Park, Minnesota Jan. 2, 2024 1. Call to order. President Mohamed called the meeting to order at 7:06 p.m. a. Roll call Commissioners present: President Mohamed, Paul Baudhuin, Tim Brausen, Sue Budd, Lynette Dumalag, Yolanda Farris, Margaret Rog Commissioners absent: none. Staff present: City manager (Ms. Keller), deputy city manager (Ms. Walsh), city attorney (Mr. Mattick), Executive Director (Ms. Barton) 2. Approve agenda. It was moved by Commissioner Dumalag, seconded by Commissioner Brausen, to approve the EDA agenda as presented. The motion passed 7-0. 3. Minutes – none. 4. Consent items. a. Approve EDA disbursements It was moved by Commissioner Brausen, seconded by Commissioner Rog approve the consent items as listed. The motion passed 7-0. 5. Public hearings – none. 6. Regular business. a. Elect EDA officers (president, vice president, treasurer) It was moved by President Mohamed, seconded by Commissioner Brausen, to nominate Commissioner Dumalag as EDA President, Commissioner Budd as EDA Vice President and Commissioner Farris as EDA Treasurer. Economic development authority meeting of February 5, 2024 (Item No. 3a) Page 2 Title: Minutes of Jan. 2, 2024 EDA meeting The motion passed 7-0. Commissioners Dumalag, Budd and Farris all accepted their nominations for their respective positions for the 2024 EDA. 7. Communications and announcements - none. 8. Adjournment. The meeting adjourned at 7:08 p.m. ______________________________________ ______________________________________ Melissa Kennedy, EDA secretary Lynette Dumalag, EDA president Meeting: Economic development authority Meeting date: February 5, 2024 Minutes: 3b Unofficial minutes EDA meeting St. Louis Park, Minnesota Jan. 16, 2024 1. Call to order. President Dumalag called the meeting to order at 6:21 p.m. a. Roll call Commissioners present: President Dumalag, Paul Baudhuin, Tim Brausen, Sue Budd, Yolanda Farris, Nadia Mohamed, and Margaret Rog Commissioners absent: none. Staff present: City manager (Ms. Keller), city attorney (Ms. Schmidt) 2. Approve agenda. It was moved by Commissioner Budd, seconded by Commissioner Rog, to approve the EDA agenda as presented. The motion passed 7-0. 3. Minutes. a. EDA meeting minutes of Dec. 18, 2023 It was moved by Commissioner Rog, seconded by Commissioner Brausen, to approve the EDA meeting minutes of Dec. 18, 2023, as presented. The motion passed 7-0. 4. Consent items – none. 5. Public hearings – none. 6. Regular business – none. 7. Communications and announcements - none. 8. Adjournment. The meeting adjourned at 6:24 p.m. ______________________________________ ______________________________________ Melissa Kennedy, EDA secretary Lynette Dumalag, EDA president Meeting: Economic development authority Meeting date: February 5, 2024 Consent agenda item: 4a Executive summary Title: Hennepin County AHIF grant resolution of support for Beltline Station Development’s affordable housing building – Ward 1 Recommended action: Motion to adopt EDA Resolution supporting Sherman Associates’ application for a Hennepin County Affordable Housing Incentive Fund grant related to its Beltline Station affordable housing component . Policy consideration: Does the EDA support Sherman Associates’ grant application to Hennepin County’s Affordable Housing Incentive Fund to help facilitate its Beltline Station affordable housing component? Summary: In January, Hennepin County opened applications for its Coordinated Affordable Housing Development RFP to support the creation and preservation of affordable housing across Hennepin County. Sherman Associates is applying to this program to defray some of the public improvement costs associated with the Beltline Station Development’s affordable component, which has experienced an increase in development costs due to high interest rates, as well as construction and labor cost increases. Sherman Associates received planning approvals from the city council in April 2022, and entered into a purchase agreement and a redevelopment contract with the EDA in June 2022 to construct an 82-unit, all affordable building with 77 units affordable to households at 60% area median income and five units affordable to households at 30% area median income. Due to adverse economic conditions since 2022 which have negatively impacted the developer’s financial proforma, Sherman Associates is requesting $1.5 million from Hennepin County’s Affordable Housing Incentive Fund to assist in facilitating the construction of the affordable component of the Beltline Station Development. Financial or budget considerations: This grant program does not require any financial match from the city. Sherman Associates is the grant applicant, and should funds be awarded, it will work directly with Hennepin County to administer the grant. 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 February 5, 2024 (Item No. 4a) Page 2 Title: Hennepin County AHIF grant resolution of support for Beltline Station Development’s affordable housing building – Ward 1 EDA Resolution No. 24 - ______ Supporting an application for a Hennepin County AHIF grant submitted by Sherman Associates for the Beltline Station Development affordable component Whereas, the City of St. Louis Park acknowledges the Hennepin County Housing and Redevelopment Authority (the “HCHRA”) has authorized approximately $5 million from the Affordable Housing Incentive Fund (AHIF) be available for affordable housing projects; and Whereas, proposed housing or redevelopment projects undertaken by the HCHRA pursuant to authority established at Minnesota statutes, section 383B.77, subdivision 3 (the "statute”) require approval of the local governing body where the project(s) will be located; and Whereas, Beltline Station Limited Partnership, a Minnesota limited partnership, or another affiliate of Sherman Associates (the “developer”) submitted an application for Beltline Station redevelopment requesting grant funds from the Hennepin County AHIF through the Coordinated Affordable Housing RFP; and Whereas, the grant funds will be used for certain public improvement costs associated with the Beltline Station redevelopment project at 4601 Highway 7 in the City of St. Louis Park (the “project”); and Whereas, the HCHRA AHIF Program Guidelines and the statute require support by the governing body of the City of St. Louis Park for submission of a grant application to the HCHRA AHIF; and Now, therefore, be it resolved that the City of St. Louis Park, in accordance with Minnesota Statutes 383B.77, subd. 3., supports the submission of a AHIF grant application to the Hennepin County AHIF by the developer for the project. Reviewed for administration: Adopted by the economic development authority February 5, 2024 Karen Barton, executive director Lynette Dumalag, president Attest Melissa Kennedy, secretary Meeting: Economic development authority Meeting date: February 5, 2024 Consent agenda item: 4b Executive summary Title: Resolution approving letter of non-default - Beltline Station Development – Ward 1 Recommended action: Motion to adopt EDA resolution approving a letter of no-default related to the Beltline Station Development. Policy consideration: Does the EDA wish to approve the letter of no-default related to the Beltline Station Development relating to the property purchase date and construction commencement and completion dates for the Beltline Station Development? Summary: In October 2023, the EDA and city approved amendments to the purchase agreement and contracts related to the Beltline Station Development requiring the developer close on its financing and purchase property from the EDA no later than Jan . 31, 2023. This extension allowed for the redesign and rebidding of the public-private parking ramp related to the development, since the original ramp bid came in several million dollars over budget. After a substantial redesign, the parking ramp was rebid on November 9, with the bid opening scheduled for Dec. 14, 2024. During the pre-bid meeting, several contractors requested the bid opening be extended to accommodate the holiday season and allow them more time to put together competitive bid sets. The bid opening was delayed to accommodate this request and subsequently occurred on Jan. 23, 2024. Two bids were received, with the lowest bid at $20.2 million which was $3.5 million lower than the September 2024 bid, but still several million higher than what the developer projected in its financial pro-forma for the development. The current low bid, combined with high construction costs and the highest interest rates seen in 20 years, has not allowed the developer to fully close its financial gap. Sherman Associates has reached out to the city and Met Council requesting additional financial assistance. Staff is working with Ehlers (the EDA’s financial consultant), the EDA attorney, and the developer to determine a path forward. Staff will bring a recommendation to the EDA/council in the coming weeks for consideration. The development contracts between the EDA/City and the developer expired on Jan . 31, 2024. Due to the expiration of the contracts, the developer’s private lenders are requesting letters stating the EDA and city will not declare Sherman Associates in default. The developer remains committed to the project and since all parties continue to work cooperatively to bring the Beltline Station Development to fruition, EDA legal counsel and staff recommend approving the resolutions stating the EDA and city will not declare a default prior to May 31, 2024. Financial or budget considerations: All legal and financial assistant costs associated with the preparation of the no-default letter and subsequent amendments will be paid by the developer. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution and letter of no-default 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 February 5, 2024 (Item No. 4b) Page 2 Title: Resolution approving letter of non-default - Beltline Station Development – Ward 1 EDA Resolution No. 24-_____ Approving a letter regarding certain agreements 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) To facilitate the construction of a multi-phase, mixed use development and related parking (the “development”) located at 4601 Highway 7 in the city of St. Louis Park (the “city”), the authority has entered into the following agreements (the “agreements”), including: (i) a loan agreement (the “loan agreement”) with Beltline Development LLC, a Minnesota limited liability company (“Beltline Development”), evidenced by a promissory note (the “note”) and secured by a mortgage (the “mortgage”); (ii) a purchase agreement with Beltline Development (the “purchase agreement”); (iii) a contract for private development (the “mixed use contract”) with Beltline Mixed Use LLC, a Minnesota limited liability company (“Beltline Mixed Use”); and (iv) a contract for private development (the “affordable contract”) with the city and Beltline Station Limited Partnership, a Minnesota limited partnership (“Beltline Station” and together with Beltline Development, Beltline Mixed Use and other related affiliates of Sherman Development, the “developer”). The loan agreement, note and mortgage have been amended six times, the purchase agreement has been amended four times, the mixed use contract has been amended once and the affordable contract has been amended three times. (b) Due to certain delays, the developer has missed certain deadlines in the agreements and has informed the authority and the city that it will not be in compliance with certain terms set forth in the agreements. The developer, the city and the authority are currently working collaboratively on amendments to the agreements (the “amendments”) which should bring the developer into compliance, and for that reason the authority does not plan to declare events of default under the agreements at this time. (d) The developer has requested that the authority and the city execute a letter stating the facts above, a form of which is presented to the board (the “letter”). Section 2. Approval of documents. (a) The board approves the letter in substantially the form 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 t he letter (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 Economic development authority meeting of February 5, 2024 (Item No. 4b) Page 3 Title: Resolution approving letter of non-default - Beltline Station Development – Ward 1 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 February 5, 2024 Karen Barton, executive director Lynette Dumalag, president Attest Melissa Kennedy, secretary February 5, 2024 Beltline Development LLC 233 Park Avenue South, Suite 201 Minneapolis, MN 55415 Attention: Will Anderson Dear Will: To facilitate the construction of a multi-phase, mixed-use development and related parking (the “Development”) located at 4601 Highway 7 in the City of St. Louis Park, Minnesota (the “City”), the St. Louis Park Economic Development Authority (the “Authority”) has entered into the following agreements (the “Agreements”): (1) a Loan Agreement with Beltline Development LLC, a Minnesota limited liability company (“Beltline Development”), which has been amended six times (as amended, the “Loan Agreement”), and a related Promissory Note (as amended, the “Note”) and Mortgage (as amended, the “Mortgage”), both delivered by Beltline Development and as amended six times evidencing and securing Beltline Development’s obligations under the Loan Agreement; (2) a Purchase Agreement with Beltline Development (as amended, the “Purchase Agreement”), which has been amended four times; (3) a Contract for Private Development with Beltline Mixed Use LLC, a Minnesota limited liability company (“Beltline Mixed Use”), which has been amended once (as amended, the “Mixed-Use Contract”); and (4) a Contract for Private Development with the City and Beltline Station Limited Partnership, a Minnesota limited partnership (“Beltline Station” and, together with Beltline Development, Beltline Mixed Use, and other related affiliates, the “Developer”), which has been amended three times (as amended, the “Affordable Contract”). The Developer has missed certain deadlines in the Agreements and has informed the Authority and the City that it will not be in compliance with certain terms set forth in the Agreements including: •Section 2(c) of the Loan Agreement, which states, in part, that: “The entire unpaid amount of principal and accrued interest on the Loan shall be due and payable on the earlier of (i) the date that the Borrower, or an affiliate thereof or entity related thereto, acquires the City and Authority Property as defined and contemplated in the Preliminary Agreement and in accordance with the Purchase Agreement; or (ii) January 31, 2024 (the “Loan Payment Date”).” This term is also reflected in Section 2 of the Note and Paragraph 20 of the Mortgage. •Paragraph 3 of the Purchase Agreement, which states, in part, that: “Subject to the terms of this Agreement, the closing of the purchase and sale of the Property contemplated by this Agreement (the “Closing”) shall occur at the office of Guaranty Commercial Title, Inc. (the “Title Company”), or at another location mutually agreed upon by the Parties, on the date 30 days after the satisfaction or written waiver of all of the conditions set forth in Section 8 hereof but not later than January 31, 2024, unless extended by agreement of the Parties (the “Closing Date”).” •Section 4.3 of the Mixed-Use Contract, which states, in part, that: “Subject to Unavoidable Delays, the Developer shall commence site and utility work on the Market-Rate Housing Component Parcel, the Parking Ramp Component Parcel, and the Mixed-Use Component Parcel by February 15, 2024.” Economic development authority meeting of February 5, 2024 (Item No. 4b) Title: Resolution approving letter of non-default - Beltline Station Development - Ward 1 Page 4 •Section 4.3 of the Affordable Contract, which states, in part, that: “Subject to Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements by March 31, 2024.” The Authority and the City understand that the Developer has faced delays with financing the Development and the Authority, the City and the Developer are currently working collaboratively on amendments to the Agreements and anticipate delivering such amendments by May 31, 2024. Pursuant to resolutions adopted by both the Board of Commissioners of the Authority and the City Council of the City on February 5, 2024, the Authority and the City have determined not to declare an event of default under any of the Agreements prior to May 31, 2024 while the parties are negotiating amendments to the Agreements. Sincerely, St. Louis Park Economic Development Authority _________________________ __________________________ President Executive Director City of St. Louis Park, Minnesota __________________________ __________________________ Mayor City Manager Economic development authority meeting of February 5, 2024 (Item No. 4b) Title: Resolution approving letter of non-default - Beltline Station Development - Ward 1 Page 5 Meeting: City council Meeting date: February 5, 2024 Presentation: 3a Executive summary Title: Introduce and welcome new Community Emergency Response Team members Recommended action: The mayor is asked to request Fire Chief Steve Koering to come forward to introduce the leadership of the CERT Team to share some data and to introduce the new CERT members in service to the community. This will bring our new total of CERT members to 26 people. New CERT Members: • Bea Benda - Brookside • Derek Cannon - Aquila • Jason Walberg - Pennsylvania Park • Ryan Bell - Browndale • Erik Ehresmann - Bronx Park • Gabriele Perkins - Elmwood • Turner Perkins - Elmwood Policy consideration: None Summary: This year marks the 10th year since the city started the CERT program and it has continued to serve the community in a variety of ways over that time, including activities during COVID. CERT, a FEMA (Federal Emergency Management Agency) program, supports the idea and importance of community volunteers and citizen preparation. With the training this team has received, they can now provide immediate assistance to victims, organize volunteers and assist in the collection of information that will allow professional responders the ability to better prioritize resources following a disaster and in turn make the community more resilient. In addition to disaster response, they represent an excellent resource for any community event where volunteers are needed who can play multiple roles in the operation. It is the goal of the fire chief to have a team of approximately 40 active CERT members. Financial or budget considerations: Expenses associated with the CERT program are already accounted for in the city’s budget. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None Prepared by: Steve Koering, fire chief Approved by: Kim Keller, city manager Meeting: City council Meeting date: February 5, 2024 Presentation: 3b Executive summary Title: Recognition for Rick Beane on his retirement Recommended action: Read resolution and present plaque to Rick 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. Rick will be in attendance for the presentation at the beginning of the meeting. The mayor is asked to read the resolution for Rick in recognition of his years of service to the city. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Resolution attached to consent item 5b Prepared by: Barb Lamfers, HR technician Reviewed by: Rita Vorpahl, HR director Approved by: Kim Keller, city manager Meeting: City council Meeting date: February 5, 2024 Presentation: 3c Executive summary Title: Presentation accepting monetary donation from the Becky Finnigan Charitable Gift Foundation for Westwood Hills Nature Center ($12,113.71) Recommended action: The city is asked to accept the donation from the Becky Finnigan Charitable Gift Foundation to be used to enhance the Chris Tulley art sculpture wall at Westwood Hills Nature Center. The donation will be officially accepted by the city council as a consent item following the presentation. Policy consideration: Does the city council wish to accept the gift with restrictions on its use? Summary: State statute requires the city council to formally accept donations. This requirement is necessary to make sure the city council has knowledge of any restrictions placed on the use of each donation prior to it being expended. •Donation for park enhancements or program needs at Westwood Hills Nature Center. o Becky Finnigan Charitable Gift Fund, $12,113.71 Financial or budget considerations: This donation will be used for enhancing the Chris Tulley art sculpture wall at Westwood Hills Nature Center. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None Prepared by: Carrie Mandler, secretary program aide Stacy M. Voelker, administrative coordinator Reviewed by: Mark Oestreich, Westwood hills nature center manager Jason T. West, parks and recreation director Approved by: Kim Keller, city manager Meeting: City council Meeting date: February 5, 2024 Minutes: 4a Unofficial minutes City council meeting St. Louis Park, Minnesota Jan. 2, 2024 1.Call to order. Mayor Mohamed called the meeting to order at 6:30 p.m. a.Pledge of allegiance American Legion Post #282 Commander Richard Bremer led the group in the Pledge of Allegiance along with Commander Bill Davies. They presented a brief overview of the post’s duties and contributions to the community. b.Roll call Council members present: Mayor Nadia Mohamed, Paul Baudhuin, Tim Brausen, Sue Budd, Lynette Dumalag, Yolanda Farris, and Margaret Rog Council members absent: none. Staff present: City manager (Ms. Keller), city attorney (Mr. Mattick), deputy city manager (Ms. Walsh) city clerk (Ms. Kennedy) Guests: Jody Warden, Donnie Williams, Tom Miller, Hilal Ibrahim, Lt. Governor Peggy Flanagan, Representative Ilhan Omar, St. Paul Mayor Melvin Carter, State Representative Larry Kraft, Senator Bobby Joe Champion, Senator Zaynab Mohamed, Senator Omar Fateh, School Board Member Abdilhakim Ibrahim, and members of the public 2.Approve agenda. It was moved by Council Member Brausen, seconded by Council Member Farris, to approve the agenda as presented. The motion passed 7-0. 3.Presentations. a.Oath of office for newly elected officials (Council Member At Large A Yolanda Farris, Council Member At Large B Paul Baudhuin, Mayor Mohamed) Ms. Kennedy administered the oath of office to the newly elected council members. Council Member Baudhuin introduced Jody Warden to speak on his behalf. Ms. Warden described how Council Member Baudhuin lives out his commitments with his words and actions. She described how, upon moving to St. Louis Park, the Baudhuin family became City council meeting of February 5, 2024 (Item No. 4a) Page 2 Title: Minutes of January 2, 2024 city council meeting involved in the community in various ways including Park TV, STEP and the Human Rights Commission. She welcomed him to his new role as council member and looks forward to seeing how his actions and service benefit the community. Council Member Baudhuin thanked his family for their support and stated it is an honor to serve the community as their council member. Council Member Farris introduced her co-worker Donnie Williams to speak on her behalf. Ms. Williams shared how proud she is of Council Member Farris. Ms. Williams observed that Council Member Farris is the kindest person she has come across, her leadership is everything the city needs, and congratulated both Council Member Farris and Mayor Mohamed. Council Member Farris added her thanks to the constituents of St. Louis Park for all their support. She shared how campaigning allowed her to experience interactions with the residents of St. Louis Park and that the experience was an honor. Council Member Farris welcomed the community to contact her with their needs. Mayor Mohamed introduced Tom Miller to speak on her behalf. Mr. Miller had encouraged Mayor Mohamed to run for city council several years ago and shared his observations of her path to public office. He described Mayor Mohamed as incredibly emotionally intelligent and how she continues to flourish - from earning her college degree, to her role with the Department of Health, and her various other roles in the community and at home. He added it is in her DNA to help people as she advocates for kids all day long, represents residents on the city council and helps her own family. Mr. Miller shared how Mayor Mohamed’s commitment to the community includes her responsibility to the Somali community and the greater Islamic community as well. He added her family is important to her and they support the core of her integrity. Mayor Mohamed also introduced her neighbor and friend to speak on her behalf, Hilal Ibrahim. Ms. Ibrahim grew up in St. Louis Park and serves on the Park Nicollet Foundation Board of Directors. She shared that celebrating this moment with Mayor Mohamed is very special for her. Ms. Ibrahim celebrated their friendship as children, Mayor Mohamed’s grit and dedication, and stated the mayor deserves this and thanked her parents for raising a brilliant young woman and friend. She wished her the best of luck on her journey. Council Member Brausen stated this is an honor for him to sit on the dais with these people, who work for the community and do what the city needs them to do to make the community the best place possible. Council Member Rog congratulated all and stated she is looking forward to the future. Mayor Mohamed thanked her family and her friends, noting this had been a long journey. She appreciates her work colleagues and support from all those involved. City council meeting of February 5, 2024 (Item No. 4a) Page 3 Title: Minutes of January 2, 2024 city council meeting b. Proclamation for National Day of Racial Healing Mayor Mohamed read the proclamation for National Day of Racial Healing in St. Louis Park as January 16, 2024 4. Minutes – none. 5. Consent items. a. Resolution No. 24-001 declaring city council meeting dates for 2024 b. Resolution No. 24-002 appointing council members to serve as mayor pro tem c. Resolution No. 24-003 designating official city newspaper d. Resolution No. 24-004 authorizing bank signatories e. Resolution No. 24-005 designating official depositories f. Approve city disbursements It was moved by Council Member Rog, seconded by Council Member Dumalag, to approve the consent items as listed; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 6. Public hearings – none. 7. Regular business – none. 8. Communications and announcements. a. 2024 Pavement Management Project (4024-1000) update b. Cultural observances proclamations Ms. Keller noted on Monday, January 15, 2024, the city will host its National Day of Healing event, which encourages the city to come together and celebrate diversity. She added it is co - hosted by the St. Louis Park School District and the state’s Lt. Governor will participate as well as Mayor Mohamed. She added the event takes place at the Westwood Hills Nature Center from 4-7 p.m. on Jan. 15, 2024. Mayor Mohamed thanked those who attended tonight’s meeting. She thanked Lt. Governor Peggy Flanagan, Representative Ilhan Omar, St. Paul Mayor Melvin Carter, former St. Louis Park city council member and current Representative Larry Kraft, Senator Bobby Joe Champion, Senator Zaynab Mohamed, Senator Omar Fateh, and School Board Member Abdilhakim Ibrahim. 9. Adjournment. The meeting adjourned at 7:05 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Nadia Mohamed, mayor Meeting: City council Meeting date: February 5, 2024 Minutes: 4b Unofficial minutes City council meeting St. Louis Park, Minnesota Jan. 16, 2024 1.Call to order. Mayor Mohamed called the meeting to order at 6:30 p.m. a.Pledge of allegiance b.Roll call Council members present: Mayor Nadia Mohamed, Paul Baudhuin, Tim Brausen, Sue Budd, Lynette Dumalag, Yolanda Farris, and Margaret Rog Council members absent: none Staff present: City manager (Ms. Keller), city attorney (Ms. Schmidt), race, equity and inclusion director (Ms. Guess), public works director (Mr. Hall), engineering director (Ms. Heiser), project engineer (Mr. Wiesen), deputy city clerk (Ms. Scott-Lerdal), city clerk (Ms. Kennedy) Guests: members of the public 2.Approve agenda. It was moved by Council Member Dumalag, seconded by Council Member Rog, to approve the agenda as presented. The motion passed 7-0. 3.Presentations. a.Proclamation for International Holocaust Remembrance Day Mayor Mohamed read the proclamation and proclaimed Jan. 27, 2024 as International Holocaust Remembrance Day in St. Louis Park. Council Member Baudhuin thanked Ms. Guess and the race, equity and inclusion team for their work in drafting this proclamation. Council Member Baudhuin expressed his appreciation for how the proclamation calls out America’s role in the Holocaust and the Nazi regime. He noted how antisemitism is presently on the rise and can find its way into a community before it is seen. Remembrance days like this call everyone back to remember that incredibly gruesome event; how it grew slowly until it bubbled over. Council Member Baudhuin observed that with the growing distance of time and fewer World War II veterans to share their stories, communities need to be more intentional in remembering the Holocaust and the implications of embedded hatred. He concluded by saying that in the public space of the council, this City council meeting of February 5, 2024 (Item No. 4b) Page 2 Title: Minutes of Jan. 16, 2024 city council meeting proclamation helps the community remember our Jewish friends and neighbors, adding “we love you; we see you, we care about you, and we will never forget.” Council Member Dumalag agreed with Council Member Baudhuin’s comments. She pointed out a link in the proclamation’s resource page from the University of MN Center for Holocaust and Genocide. She had explored the link and shared that it offered a way to access stories and pictures of people who have survived the holocaust, and their family members. She stated so often, the Holocaust is thought of as a political event, but there are things to learn from and we need to humanize these stories of lost loved ones. Council Member Dumalag encouraged everyone to take time to learn and thanked staff for including the links in the council packet. 4. Minutes. a. Minutes of Dec. 12, 2023 city council study session b. Minutes of Dec. 18, 2023 city council meeting It was moved by Council Member Budd, seconded by Council Member Brausen, to approve the Dec. 12, 2023 city council study session minutes and the Dec. 18, 2023 city council meeting minutes as presented. The motion passed 7-0. 5. Consent items. a. Resolution No. 24-006 establishing the 2024 Alley Reconstruction project (4024-1500), and approving plans and specifications, and authorizing advertisement for bids - Wards 1 and 4 b. Resolution No. 24-007 approving 2024-2025 IAFF #993 Fire labor agreement c. Resolution No. 24-008 approving 2024-2025 LELS Local #220 Public Safety Dispatchers labor agreement d. Resolution No. 24-009 approving MN Bureau of Criminal Apprehension Violent Crime Reduction Unit participation e. Resolution No. 24-010 authorizing special assessment for sewer service line repair at 3219 Blackstone Ave S - Ward 2 f. Resolution No. 24-011 authorizing special assessment for sewer service line repair at 3221 Dakota Ave S - Ward 3 g. Resolution No. 24-012 authorizing special assessment for sewer service line repair at 3136 Maryland Ave S - Ward 3 h. Resolution No. 24-013 accepting donation from Discover St. Louis Park for Jason West to attend the Sports Events & Tourism (ETA) Association Symposium i. Resolution No. 24-014 approving renewal of liquor licenses for the license period March 1, 2024, through March 1, 2025 j. Approve bid for Lamplighter Pond maintenance project (4022-4001) - Ward 4 k. Resolution No. 24-015 approving donations to parks and recreation department City council meeting of February 5, 2024 (Item No. 4b) Page 3 Title: Minutes of Jan. 16, 2024 city council meeting Council Member Brausen thanked staff for their work on items 5b. and 5c.; he was glad to see that the labor agreements fairly compensate staff as they continue their important work for the city. Mayor Mohamed noted item 5j. to express her thanks for donations to the parks and recreation department from: Bill and Claudia Engeland, Luann Kotnik, Pat and George Foulkes, Philip and Susan Tange, Elizabeth and Robert Timm, and Jennifer Samaha. Council Member Brausen also noted item 5d. related to a resolution approving participation in the Minnesota Bureau of Criminal Apprehension (BCA) Violent Crime Reduction Unit. He stated this is a good joint force to address crime in the metro area, and a St. Louis Park police officer will be assigned to this unit. He is happy to see this worthwhile effort on behalf of the state and the city. Ms. Keller clarified that the BCA will be funding an additional officer as well as necessary equipment. It was moved by Council Member Brausen, seconded by Council Member Farris, to approve the consent items as listed; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 6. Public hearings. a. Public hearing on 2024 Pavement Management Project (4024-1000) - Ward 2 Mr. Wiesen presented the staff report. Council Member Dumalag asked for context on the living streets policy and the rationale for changes involving narrowing streets from 30 to 28 feet. Ms. Heiser explained the living streets policy adopted in 2018, noting it gives staff direction on what to consider when designing transportation projects, including biking and walking, storm water, preservation of street trees and traffic management. Narrowing streets is one of the tools used to reduce speed on streets, reduce storm water runoff volume and create space for street trees. Council Member Dumalag added she has heard from residents living near the school and asked if there has been any feedback from the school district as it relates to bus traffic and turn lanes. Mr. Wiesen replied that staff did reach out to the bus company regarding the pilot project and asked them to drive buses through that area and let staff know of any concerns. This took place and the bus company had no concerns, provided cars are not parked too close to the intersection and curb extensions. Council Member Dumalag noted liabilities also and asked if staff will talk about this. Mr. Wiesen stated the adjoining property owner is only liable if they do something that creates a hazard on the sidewalk, adding the snow or ice accumulation that naturally occurs is not considered a liability. City council meeting of February 5, 2024 (Item No. 4b) Page 4 Title: Minutes of Jan. 16, 2024 city council meeting Council Member Dumalag added trees were lost, but there is de -paving also. She asked how the city will make up for the tree loss. Mr. Wiesen responded that as per the city code, trees will be replaced with other trees adding up to the same size. Council Member Dumalag said she heard from one resident who said their sprinkler system will need to be relocated due to this project and asked for details. Mr. Wiesen explained that private infrastructure in the city right of way, such as irrigation or fences, will be the responsibility of the homeowner to move. He stated staff will work with property owners to discuss potential impacts. Council Member Rog asked about tree impacts and noted that 37 of the 77 trees in the report are proposed to be removed. Mr. Wiesen stated that is correct. Council Member Rog asked if 40 trees will be preserved through sidewalk manipulation or other engineering decision s. Mr. Wiesen clarified that impacted trees are evaluated for health first, and if they are healthy, staff will look at every way to save that tree, including moving sidewalks. Council Member Rog asked how many of the 37 trees impacted are mature trees. Mr. Wiesen stated the majority are healthy trees although more information can be brought back to the council. Council Member Rog stated she is always looking to preserve as many trees as po ssible, and she knows staff do an excellent job of this from her own experience. She asked if there is an opportunity to preserve more trees through continued negotiations with residents in providing right-of-way access. She asked if staff would look into this opportunity. Mr. Wiesen confirmed staff work with property owners to place sidewalk easements on private property to save trees. Council Member Rog asked how residents are made aware of this opportunity. Mr. Wiesen replied that residents may contact city staff and they will work with residents on their questions. Mayor Mohamed opened the public hearing. Bill Engeland, 3940 Inglewood Ave. S., stated if there are SUVs parked on either side of the street, which is often the case, it is difficult for another SUV or an emergency vehicle to get through. If two feet are removed on either side of the street, he is concerned about safety. Mr. Engeland said he would like this concern addressed with this proposal. Brenda Pricco, 3652 Huntington Ave., stated her support for the project, but the narrowing of streets is a concern. She stated at the 3600 block of Huntington, drivers turn off Excelsior Boulevard into a curve, and with parking on both sides, her concerns are with safety. With cars parked nearby and the presence of a stop sign, people do have to pull over for another car to pass. Her concern is safety for biking, parking and narrowing of the street, particularly when snow collects. She has a single-car driveway and there are often cars parked on both sides, so it is difficult to use her driveway and narrower streets will make it more difficult. John Angier, 4014 Raleigh Ave., asked if the pavement will be replaced only or will sidewalks be added. He stated it has been a dead-end street for many years and there is no sidewalk needed. City council meeting of February 5, 2024 (Item No. 4b) Page 5 Title: Minutes of Jan. 16, 2024 city council meeting Raleigh Avenue looked different on the map during the presentation and asked to see the map again. Justin Joplin, 3737 Inglewood Ave. S., stated he is in favor of the project and noted he chose this neighborhood to live in because of its calm demeanor, and its proximity to biking and to Minikahda Vista Park. He supported the location of the project because numerous families with kids are active in the area, as well as individuals with strollers, walkers and with limited mobility. Patricia Kane, 4054 Quentin Ave., thanked the council for this project. She has lived in the city for 27 years and it is amazing to be involved in the process, adding many other neighbors feel the same way. Mayor Mohamed closed the public hearing. Council Member Rog noted for residents looking for answers to questions, they can look at the online city council packet and find that on the Friday prior to the Feb. 5 , 2024, meeting. There was no action taken by the city council for tonight’s public hearing, and action will be taken at the February 5, 2024, meeting. 7. Regular business. a. First reading of ordinance amending City Code Chapter 3 related to alcoholic beverages. Ms. Scott-Lerdal presented the staff report. Council Member Rog asked for a definition of a restaurant to help provide clarification to customers and owners. Ms. Scott-Lerdal stated that broadly, a restaurant is defined as a business that prepares and serves food onsite, has tables and menus. Council Member Rog asked whether, in some cases, this can be as simple as providing pizza from an oven. Ms. Scott - Lerdal concurred that in some cases, that has been approved as a restaurant and the level of food service is primarily up to the licensing authority to regulate. Council Member Brausen thanked staff for bringing this matter forward. He noted some restaurant owners have had concerns in the past and were challenged to maintain the 50% requirement of sales attributable to food. He stated this ordinance decreases the requirement to 40%. He added he is happy that a compromise was reached on this topic and that taprooms and cocktail rooms will now be allowed to sell food on the premises if they choose to do so. He stated he will support this and invited other restaurants to make an application to the city under the new requirements. Council Member Budd added her support of the amendment and that she has also heard of some challenges from the businesses in her ward maintaining the 50-50% requirement, especially with the increased cost of craft beers and cocktails. She stated moving this to a 40% requirement is a good responsive move for the community. City council meeting of February 5, 2024 (Item No. 4b) Page 6 Title: Minutes of Jan. 16, 2024 city council meeting It was moved by Council Member Brausen, seconded by Council Member Farris, to approve first reading of an ordinance amending City Code Chapter 3 related to alcoholic beverages. The motion passed 7-0. 8. Communications and announcements. Ms. Keller stated there is a new snowplow in St. Louis Park and there is a contest to have it named. Residents can send name submissions online to city staff and they are accepted until Jan. 28, 2024. The top 10 names will be chosen, and the final decision will be made by the public. Ms. Keller noted on Jan. 27., 2024 the Bundle Up Winter Fun Day will be held at Oak Hill Park from 12 – 3:30 p.m. with bonfires, cross country skiing, sledding snowshoeing, hayrides, cocoa, some mores, a raffle and music. The event is free, and all are invited. Council Member Rog noted for those interested in road reconstruction projects, there are two upcoming open houses hosted by Hennepin County in partnership with St. Louis Park around the Minnetonka Boulevard project to discuss traffic impacts and changes. There is a virtual open house on Mon., Jan. 29, 2024 from 2-3 p.m. and the link can be found online on the Minnetonka Boulevard project site. She added the second open house is in person on Tues., Jan. 30, 2024 from 5-6 p.m. at city hall. Council Member Baudhuin thanked the race, equity and inclusion team for a great event on Jan. 15, 2024, which was the 2nd Annual National Day of Healing event at Westwood Nature Center, noting it was very well attended. He added it is a wonderful event and it is always held on MLK Day. He thanked the school district for their participation as well. Mayor Mohamed added her thanks to those who put together the event , as well as Minnesota Lt. Governor Peggy Flanagan for her words, her hopes for the future, and the great things St. Louis Park has done in her life. Mayor Mohamed is always happy to see students from St. Louis Park High School and Benilde St. Margaret’s High School; it is wonderful to see future leaders leading these conversations. She thanked those who collaborated to make this event happen including city staff, STEP and the school district. 9. Adjournment. The meeting adjourned at 7:28 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Nadia Mohamed, mayor Meeting: City council Meeting date: February 5, 2024 Consent agenda item: 5a Executive summary Title: Resolution recognizing retirement of Rick Beane, parks superintendent Recommended action: Read resolution and present plaque to Rick for his years of service to the City of St. Louis Park. Policy consideration: None. 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. Rick will be in attendance for the presentation at the beginning of the meeting. The mayor is asked to read the resolution for Rick in recognition of his years of service to the city. Financial or budget considerations: None applicable. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Barb Lamfers, HR Technician Stacy M. Voelker, administrative coordinator Reviewed by: Rita Vorpahl, HR director Jason T. West, director of parks and recreation Approved by: Kim Keller, city manager City council meeting of February 5, 2024 (Item No. 5a) Page 2 Title: Resolution recognizing retirement of Rick Beane, parks superintendent Resolution No. 24 - ___ Recognizing the contributions and expressing appreciation to Rick Beane, Parks Superintendent Whereas, Rick Beane began his employment with the City of St. Louis Park on April 24, 2002 and served over 21 years as the parks superintendent; and Whereas, Rick’s dedicated service and work ethic to all aspects of parks maintenance has allowed the completion of over 42 play structures and he collaborated with Kids Around the World to reuse old structures in underdeveloped countries; and Whereas, Rick provided maintenance, history and design suggestions to the countless miles of trails throughout the city. His knowledge and understanding of maintenance needs across departmental lines was integral in designing a system that is user and maintenance friendly; and Whereas, Rick designed and built new park buildings at Aquila Park, Browndale Park, Fern Hill Park, Louisiana Oaks Park, Nelson Park, Birchwood Park and Oak Hill Park; and Whereas, Rick designed and built tennis, basketball, pickleball courts, soccer, softball and baseball fields at the various 52 parks; and Whereas, Rick has made a lasting impact on thousands of residents through the memorial bench dedication program; and Whereas, Rick designed and built the Oak Hill Splash pad; the dog parks at Dakota Park and Cedar Knoll Park; and the Veterans’ Memorial Amphitheater; and Whereas, Rick was instrumental in the relocation of the historical beehive to Lilac Park and has collaborated extensively with Torah Academy, Historical Society, athletic associations and St. Louis Park school district; and Whereas, Rick supervised park maintenance, natural resources and fleet maintenance; and Whereas, Rick is looking forward to retirement so he can spend more time to train his new puppy, go on hunting and fishing excursions, and go on an upcoming big family cruise; 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 Parks Superintendent Rick Beane for his great contributions and his over 21 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. City council meeting of February 5, 2024 (Item No. 5a) Page 3 Title: Resolution recognizing retirement of Rick Beane, parks superintendent Reviewed for administration: Adopted by the city council February 5, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 5, 2024 Consent agenda item: 5b Executive summary Title: Adopt ordinance amending city code chapter 3 related to alcoholic beverages Recommended action: Motion to adopt ordinance amending city code chapter 3 related to alcoholic beverages. Policy considerations: •Does the city council want to amend the city code to allow restaurants at taprooms and cocktail rooms? •Does the city council want to amend the city code to require that at least 40% of the gross receipts of an establishment holding an on-sale intoxicating liquor license be attributable to the sale of food? Summary: Chapter 3 of the city code governs the sale and service of alcohol in the city, including licensing requirements. At the Dec. 12, 2023 study session, the city council discussed potential amendments to licensing requirements related to the sale of alcoholic beverages. Following their discussion, staff prepared an amendment to city code chapter 3 to implement the following changes: •Allow restaurants to be located at breweries with a taproom license and micro distilleries with a cocktail room license. •Reduce the percentage of gross receipts that must be attributable to the sale of food from 50% to 40% for on-sale intoxicating liquor license holders. The first reading of the ordinance was approved by the city council on Jan.16, 2024. No changes to the ordinance were proposed. Next steps: If adopted the ordinance will take effect March 1, 2024, coinciding with the next liquor licensing period for the City of St. Louis Park. Additionally, affected liquor license holders will be notified of the changes to the city code. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Draft ordinance; January 16, 2024 staff report (p. 93) Prepared by: Amanda Scott-Lerdal, deputy city clerk Reviewed by: Melissa Kennedy, city clerk Approved by: Kim Keller, city manager City council meeting of February 5, 2024 (Item No. 5b) Page 2 Title: Adopt ordinance amending city code chapter 3 related to alcoholic beverages Ordinance No. _____ -24 Amending St. Louis Park City Code chapter 3, sections 57(m) and (o) and section 70(g) related to alcoholic beverages The city council of the City of St. Louis Park, Minnesota does ordain: Section 1. St. Louis Park City Code chapter 3 is amended as follows by deleting strikethrough language and adding underlined language: St. Louis Park City Code section 3-57. Types of licenses. m. Brewer taproom license. Brewer taproom licenses may be issued to the holder of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j) as it may amended from time to time and subject to the conditions of this chapter. A brewer’s taproom license authorizes the sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A brewer may have only one taproom license and may not have an ownership interest in a brewer licensed under Minn. Stat. § 340A.3 01, subd. 6(d) as it may be amended from time to time. A brewer taproom license may not be issued to a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Within ten days of issuing a brewer taproom license the city clerk will inform the Commissioner of Public Safety of the licensee’s name, address, trade name and the effective date and expiration date of the license. The city clerk will inform the Commissioner of Public Safety of a license transfer, cancellation, suspension, or revocation during the license period. (i) A restaurant is not allowed at a brewery with a taproom license. (ii) (i) On-sale of liquor shall be limited to the legal hours for on sale pursuant to Section 3-105. o. Micro distillery cocktail room license. A micro distillery cocktail room license may be issued to the holder of a micro distillery license issued under Minn. Stat. § 340A.22. A micro distillery cocktail room license authorizes the on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller subject to the following requirements: (i) The city shall, within ten days of the issuance of a micro distillery cocktail room license inform the Commissioner of Public Safety of the licensee’s name and address and trade name, and the effective date and expiration date of the license. The city shall also inform the commissioner of a license transfer, cancellation, suspension, or revocation during the license period. (ii) No single entity may hold both a micro distillery cocktail room and taproom license, and a cocktail room and taproom may not be co-located. (iii) A restaurant is not allowed at a micro distillery with a cocktail room license. (iv) (iii) On-sale of liquor shall be limited to the legal hours for on-sale pursuant to Section 3-105. St. Louis Park City Code Section 3-70. Ineligibility. g. No on-sale intoxicating liquor license, except a club license for a congressionally chartered veterans’ organization, shall be issued unless at least 50 40 percent of the gross receipts of the City council meeting of February 5, 2024 (Item No. 5b) Page 3 Title: Adopt ordinance amending city code chapter 3 related to alcoholic beverages establishment will be attributable to the sale of food. This requirement shall be regulated as follows: (i) Each on-sale intoxicating liquor license, except a club license for a congressionally chartered veterans’ organization, shall have the continuing obligation to have at least 50 40 percent of gross receipts from the establishment during the preceding busine ss year attributable to the sale of food. (ii) In the case of a new restaurant, the applicant must make a bona fide estimation that at least 50 40 percent of the gross receipts from the sale of food and beverages of the establishment during its first year of business will be attributable to the sale of food. (iii) For the purpose of this section, the term "establishment" shall include the food and beverage portion of a multiservice establishment. Financial records for the food and beverage portion must be maintained separately from the records of the remainder of the establishment. (iii) For the purpose of this section, the term "sale of food" shall include gross receipts attributable to the sale of food items, soft drinks, and nonalcoholic beverages. It shall not include any portion of gross receipts attributable to the nonalcoholic components of plain or mixed alcoholic beverages, such as ice, soft drink mixes or other mixes. (iv) The city may require the production of such documents or information, including, but not limited to, books, records, audited financial statements or pro forma financial statements as it deems necessary or convenient to enforce the provisions of this section. The city may also obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records. (v) In addition to other remedies that it may have available, the city may place the license of any on-sale intoxicating liquor license holder on probationary status for up to one year, when the sale of food is reported, or found to be, less than 50 40 percent of gross receipts for any business year. During the probationary period, the licensee shall prepare any plans and reports, participate in any required meetings, and take other actions that the city may require to increase the sale of food. Section 2. This ordinance shall take effect fifteen days after its passage and publication. First Reading January 16, 2024 Second Reading February 5, 2024 Publication date February 14, 2024 Effective date March 1, 2024 Reviewed for administration: Adopted by the city council February 5, 2024 By: __________________________________ By: __________________________________ Kim Keller, city manager Nadia Mohamed, mayor Attest: Approved as to form and execution: ____________________________________ _____________________________________ Melissa Kennedy, city clerk Soren M. Mattick, city attorney City council meeting of February 5, 2024 (Item No. 5b) Page 4 Title: Adopt ordinance amending city code chapter 3 related to alcoholic beverages SUMMARY FOR PUBLICATION Ordinance No. ____-24 Amending St. Louis Park City Code chapter 3, sections 57(m) and (o) and section 70(g) related to alcoholic beverages This ordinance amends city code chapter 3 to allow restaurants to be located at breweries with a taproom license and micro distilleries with a cocktail room license. Additionally, the ordinance reduces the percentage of gross receipts that must be attributable to the sale of food from 50% to 40% for on-sale intoxicating liquor license holders. This ordinance shall take effect March 1, 2024. Adopted by the city council February 5, 2024 Nadia Mohamed /s/ Mayor A copy of the full text of this ordinance is available for inspection with the city clerk. Publish in St. Louis Park Sun Sailor: February 14, 2024 Meeting: City council Meeting date: February 5, 2024 Consent agenda item: 5c Executive summary Title: Resolution authorizing final payment for 2022 Pavement Management project (4021- 1000) – Ward 1 Recommended action: Motion to adopt Resolution accepting work and authorizing final payment in the amount of $33,074.25 for the 2022 Pavement Management project with Bituminous Roadways, Inc. – city contract no. 45-22. Policy consideration: Not applicable Summary: On April 4, 2022, the city council awarded a contract in the amount of $6,833,385.89 to Bituminous Roadways, Inc. for the 2022 Pavement Management project (4021-1000). The project included roadway, utility, and sidewalk construction on the west side of the Fern Hill neighborhood. The final contract amount, $6,614,849.29, is $218,536.60 (3.2%) less than the contract amount awarded. Financial or budget considerations: The final cost of the work performed by the contractor under Contract No. 45-22 has been calculated as follows: Original contract (based on estimated quantities) $ 6,833,385.89 Change orders/ extra work +$ 45,743.00 Quantity underruns -$ 264,279.60 Final contract cost $ 6,614,849.29 Previous payments -$ 6,581,775.04 Balance due $ 33,074.25 This project was included in the Capital Improvement Plan (CIP). Funding was provided by the following sources: franchise fees, utility funds and general fund balance. 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 Resolution Prepared by: Aaron Wiesen, project engineer Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of February 5, 2024 (Item No. 5c) Page 2 Title: Resolution authorizing final payment for 2022 Pavement Management project (4021-1000) Discussion Background: Annually, the city rehabilitates several miles of local residential streets as part of the pavement management program. The 2022 project was located on the west side of the Fern Hill neighborhood. The work included street rehabilitation, which consisted of removing and replacing the existing bituminous pavement and replacing portions of concrete curb and gutter where needed. Other work included sidewalk repairs, sewer repairs and select watermain replacement within the neighborhood. In addition to the street rehabilitation activities, the construction of new sidewalk segments was integrated into the project for cost savings, reduction in customer inconvenience, and contractor coordination. On April 4, 2022, the city council awarded a contract in the amount of $6,833,385.89 to Bituminous Roadways, Inc. for the 2022 Pavement Management Project. The final contract amount ($6,614,849.29) was 3.2% less than the contract amount. There were change orders approved on the project, but it was quantity underruns during construction that led to the decreased cost. During construction, some unexpected items came up that added to the cost of the project. The additional work added to the contract increased the cost of the project by $45,743. The contract changes were attributed to additional concrete steps and railing work required for the new sidewalk and retaining wall installation. This additional work was necessary to ensu re quality street, sidewalk, and utility infrastructure for years to come. In addition, the project included quantity underruns , resulting in a cost decrease of $264,279.60. The quantity underruns can be attributed to not encountering any contaminated soil during construction that would require excavation, hauling and disposal. Financial or budget considerations: The final cost of the work performed by the contractor under contract no. 45-20 has been calculated as follows: Original contract (based on estimated quantities) $ 6,833,385.89 Change orders/ extra work +$ 45,743.00 Quantity underruns -$ 264,279.60 Final contract cost $ 6,614,849.29 Previous payments -$ 6,581,775.04 Balance due $ 33,074.25 This project was included in the Capital Improvement Plan (CIP). Funding was provided by the following sources: franchise fees, utility funds and general fund balance. Due to the nature of our construction projects, unforeseen circumstances, and resident feedback, it is not unusual to have additional work added to our projects. To address this, when the bid is awarded, we assume a 10% contingency for all aspects of the project. However, since the actual quantities were less than the estimated quantities, t he project costs detailed above represent a 3.2% decrease for this project, resulting in a project that was less than the anticipated funding. City council meeting of February 5, 2024 (Item No. 5c) Page 3 Title: Resolution authorizing final payment for 2022 Pavement Management project (4021-1000) Resolution No. 24-____ Authorizing final payment and accepting work for the 2022 Pavement Management Project City Project No. 4021-1000 Contract No. 45-22 Be it resolved by the city council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the city dated April 4, 2022, Bituminous Roadways, Inc. has satisfactorily completed the 2022 Pavement Management Project, as per Contract No. 45-22. 2. The engineering director has filed her recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The final contract cost is $6,614,849.29. 4. The city manager is directed to make final payment in the amount of $33,074.25 on this contract, taking the contractor's receipt in full. Reviewed for administration: Adopted by the city council February 5, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 5, 2024 Consent agenda item: 5d Executive summary Title: Approve bid for Rotary Northside Park Water Quality Improvement project (4022-4001) - Ward 4 Recommended action: Motion to designate New Look Contracting, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $373,155.00 for the Rotary Northside Park Water Quality Improvement project (4022 -4001). Policy consideration: None Summary: Bids were received on Jan. 11, 2024, for the Rotary Northside Park Water Quality Improvement Project, which includes the installation of a manufactured stormwater treatment filtration device (MTD) to provide water quality improvements within the Twin Lakes watershed. The purpose of this project is to provide for stormwater treatment mitigation from a redevelopment project that occurred in 2018 at the Lifetime Fitness facility located at 5525 Cedar Lake Road. Contractor Bid amount New Look Contracting, Inc. $373,155.00 Meyer Contracting, Inc. $394,679.00 Minger Construction Company Inc. $399,732.50 JL Theis, Inc. $411,428.00 Geislinger & Sons, Inc. $417,225.00 Shoreline Landscaping & Contracting $477,954.00 Bituminous Roadways, Inc. $484,345.00 G Urban Companies, Inc. $730,920.00 Engineer's estimate $ 394,490.00 A review of the bids indicates New Look Contracting, Inc. submitted the lowest bid. New Look Contracting, Inc. is a reputable contractor that has completed projects for the city within the last five years. Staff recommends that a contract be awarded to the firm in the amount of $373,155.00. Financial or budget considerations: This project will be paid for by using escrow funds, in a total amount of $490,000, which were provided by Lifetime Fitness and allocated to the Minnehaha Creek Watershed District (MCWD) and the city for a mitigation project for the redevelopment of the Lifetime Fitness facility in 2018. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Discussion Project location map Prepared by: Erick Francis, water resources manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of February 5, 2024 (Item No. 5d) Page 2 Title: Approve bid for Rotary Northside Park Water Quality Improvement project (4022-4001) Discussion Background: Bids were received on Jan. 11, 2024, for the Rotary Northside Park Water Quality Improvement project. In 2018, Lifetime Fitness applied to the Minnehaha Creek Watershed District (MCWD) for a stormwater management permit for the expansion of its St. Louis Park facility, located at 5525 Cedar Lake Road. As a result of Lifetime Fitness site limitations, a variance was issued by the MCWD, allowing Lifetime Fitness to provide an escrow in the amount of $490,000 in lieu of constructing stormwater management facilities on their site. The escrow affords the MCWD the right to use the funds to provide stormwater treatment within the Twin Lake subwatershed to meet the water quality treatment needed for the Lifetime Fitness site redevelopment. The stormwater treatment requirements for the 10.4-acre Lifetime Fitness are the removal of 7.2 lbs. of total phosphorus on an average annual basis. An advertisement for bids was published in the St. Louis Park Sun Sailor on Dec. 21, 2023, and Dec. 28, 2023. An advertisement for bids was also published in Finance and Commerce on Dec. 21, 2023, through Dec. 27, 2023. In addition, plans and specifications were available for viewing at City Hall and electronically via the Internet on the city's OneOffice website. Information regarding this bidding opportunity was shared with three minority associations and 35 Disadvantaged Business Enterprises (DBE) contractors. Twenty-six contractors/vendors downloaded plan sets, of which four were DBE companies. Project description: Since approving the variance in 2018, MCWD and city staff have been working to identify locations for stormwater treatment within the Twin Lake subwatershed. Several potential treatment sites and Best Management Practices (BMPs) on public and private property were evaluated. After extensive review, it was determined that there were limited locations within the Twin Lake subwatershed that had the available space, runoff volumes, existing storm sewer infrastructure, and suitable soils to provide the treatment that met the water quality treatment requirements. This is mainly due to its fully developed status and limited open spaces. MCWD and city staff concluded that the preferred BMP would be a manufactured stormwater treatment filtration device (MTD) to be installed on the southwest corner of the Rotary Northside Park. The MTD is a concrete vault that is 8 feet wide, 14 feet long, and 6 feet tall and uses filtration media cartridges to remove pollutants from stormwater runoff. This project is a collaborative effort between Lifetime Fitness, the MCWD, and the city to mitigate stormwater runoff from the Lifetime Fitness facility located at 5525 Cedar Lake Road. On Nov. 21, 2022, the city entered into a cooperative agreement with M CWD to move forward with this project. To provide streamlined project coordination, MCWD’s consultant, Stantec Consulting Services, Inc., completed the final project design. Engineering staff will manage bidding, and construction oversight, with the concurrence of MCWD. The city will invoice MCWD for design and construction costs incurred, and MCWD will disburse escrow funds in reimbursement to the city. Once the project is complete, any remaining escrow funds will be transferred to the city to cover the maintenance activities for the MTD. Financial or budget considerations: Staff has reviewed the bids and determined that New Look Contracting, Inc. is the lowest responsible bidder. The bid is $21,335.00, or 5% under the City council meeting of February 5, 2024 (Item No. 5d) Page 3 Title: Approve bid for Rotary Northside Park Water Quality Improvement project (4022-4001) engineer's estimate amount. Based on the low bid received, cost and funding details are as follows: Engineer’s estimate Low bid Construction cost $394,490.00 $373,155.00 Engineering and administration $93,288.75 $93,288.75 Base bid total $487,778.50 $466,443.75 Due to the nature of our construction projects, unexpected costs do come up. To address this, past practice has been to show a contingency for all aspects of the project. What follows is a table that shows this 5% contingency and how this would affect the project costs. Low Bid Contingency (5%) Engineering/ administration Total Stormwater $373,155.00 $18,657.75 $93,288.75 $485,102.00 Total $373,155.00 $18,657.75 $93,288.75 $485,102.00 Next steps: Work is anticipated to be substantially completed by March 31, 2024, with any vegetation restoration activities to be completed by June 28, 2024. NorthsidePark OREGON CTOREGON CTNEVADA AVE SNEVADA AVE SLOUISIANA AVE SLOUISIANA AVE S22ND ST W22ND ST W22ND ST W22ND ST W CEDAR LAKE RDCEDAR LAKE RD 0 250 500125 Feet Rotary Northside Park Water Quality Project Northside Park water quality filtration system City council meeting of February 5, 2024 (Item No. 5d) Title: Approve bid for Rotary Northside Park Water Quality Improvement project (4022-4001)Page 4 Meeting: City council Meeting date: February 5, 2024 Consent agenda item: 5e Executive summary Title: Approve resolution and order to abate hazardous building at 2519 Virginia – Ward 4 Recommended action: Motion to adopt resolution ordering repair or removal of hazardous conditions at 2519 Virginia Ave S. St. Louis Park, MN 55426. Policy consideration: Does council wish to abate hazardous conditions at 2519 Virginia Ave S. that include health, safety and fire hazards that exist because of inadequate maintenance, dilapidation, physical damage, unsanitary condition and abandonment? Summary: The property contains a single-family home. The owner of the property was found deceased during a wellness check last year. No next of kin or heirs have been located, and the subject property has been vacant since the owner passed away. The exterior yard of the property was cleaned up through the city’s abatement process in December 2023. On Nov. 17, 2023 the City of St. Louis Park entered the abandoned property at 2519 Virginia Ave S. under a court warrant to inspect the property, shut off water service, remove water- meter, shut off gas to standing pilot lights, shut windows and secure doors. The subject property is dilapidated and in disrepair. The interior contains animal feces and evidence of rodent infestation. It is littered with trash and debris, making movement within the house hazardous. The electrical and plumbing systems have fallen into disrepair. The house has exposed electrical wires that arc when powered and open plumbing drains allow sewer gas to infiltrate the house. The overview of hazardous building declaration process is outlined in the attached memorandum from the city attorney. Contractors would be hired to abate the hazardous conditions and secure the house for an expected three years of remaining vacant and unattended. Financial or budget considerations: The city has funds available in the permanent improvement revolving fund to finance the estimated cost of $10,000 - $15,000. The city will request the court for direction to assess all contractor and legal costs incurred. Assessments should be recovered at time property is sold or Hennepin County tax forfeiture approximately mid-2027 per Hennepin County staff. Strategic priority consideration: Not applicable. Supporting documents: Hazardous property memo, Hazardous property order, Resolution, Exhibits A-D Prepared by: Michael Pivec, property maintenance and licensing manager Reviewed by: Brian Hoffman, director of building and energy Approved by: Kim Keller, city manager City council meeting of February 5, 2024 (Item No. 5e) Page 2 Title: Approve resolution and order to abate hazardous building at 2519 Virginia – Ward 4 M E M O R A N D U M TO: ST. LOUIS PARK CITY COUNCIL FROM: CAMPBELL KNUTSON DATE: JANUARY 8, 2024 RE: HAZARDOUS BUILDING LOCATED AT 2519 VIRGINIA AVE. S. This matter is now before the City Council to determine whether to declare that the Subject Property contains hazardous conditions. Summary of Code Violations at 2519 Virginia Ave. S. The property contains a single-family home. The owner of the property was found deceased during a wellness check last year. No next of kin or heirs have been located, and the subject property has been vacant since the owner passed away. The subject property is dilapidated and in disrepair. It contains animal feces and evidence of rodent infestation. It is littered with trash and debris, making movement within the house hazardous. The electrical and plumbing systems have fallen into disrepair. The house has exposed electrical wires that arc when powered. The plumbing is improperly sealed and allows sewer gas to infiltrate the house. Overview of Hazardous Building Declaration Process Minnesota law permits the City Council to order the repair and abatement of hazardous conditions that exist within its city limits. Hazardous conditions include health, safe ty, and fire hazards that exist because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment. Minn. Stat. § 463.15, subd. 3. A condition is a hazard if it affects public safety or health. If the City Council determines that the Subject Property contains hazardous conditions, it may pass the Resolution and direct the City Attorney to sign and serve the attached Order. Subsequently, the Order for Repair and Removal of Hazardous Conditions will be served upon the owners and any lienholders of the property. Since the owner is deceased, this will be done through posting the order on the subject property, and publishing it in the city’s legal newspaper for four consecutive weeks. The owner/occupant will then have thirty (30) days to remedy the hazardous conditions. If they fail to comply within that time period, we will seek permission from District Court to allow the City to abate the hazardous conditions. The City can seek Court approval to assess the costs of the abatement against the property, payable in a single installment. If an owner appears, the owner may dispute the order by filing an answer. In this case, the matter will be set for trial. This is an expedited process. However, this may still be somewhat length y and would likely take at least six months to resolve. We do not anticipate opposition as the owner of the property is deceased. City council meeting of February 5, 2024 (Item No. 5e) Page 3 Title: Approve resolution and order to abate hazardous building at 2519 Virginia – Ward 4 CITY OF ST. LOUIS PARK Order of the City Council of St. Louis Park, Hennepin County, Minnesota concerning Hazardous building on the property Located at: 2519 Virginia Ave. S., St. Louis Park, MN 55426 Legally described as: Lot 18, Block 1, South Westwood Hills Second Addition, Hennepin County, Minnesota. Parcel Identification Number (PID): 07-117-21-41-0045 TO: Bruce Leslie Jordan, Owners in Fee Simple of the Subject Property; State of Minnesota, attn. Minnesota Department of Revenue, 445 Minnesota Street, St. Paul, MN 55101. Pursuant to Minnesota Statutes § 463.15, et seq., the City Council of the City of St. Louis Park, having duly considered the matter, found the above -described property to be hazardous through the passage of Resolution 2024-__. St. Louis Park City staff have observed the conditions present at 2519 Virginia Ave. S., St. Louis Park, MN 55426 [hereinafter: Subject Property]. Their observations revealed that the Subject Property constitutes a hazardous property within the meaning of Minnesota Chapter 463. Specifically, the Subject Property has been inadequately maintained, is dilapidated, and littered with junk and debris in violation of City Code and the 2012 International Property Maintenance Code (IPMC) in such a way as to constitute a hazard to public safety or health within the meaning of Minn. Stat. § 463.15, subd. 3. Specifically, the City Council finds that the following hazardous conditions exist at the Subject Property: City council meeting of February 5, 2024 (Item No. 5e) Page 4 Title: Approve resolution and order to abate hazardous building at 2519 Virginia – Ward 4 1. IPMC § 305.1 requires that the interior of all structures “shall be maintained in good repair, structurally sound and in a sanitary condition.” IPMC § 309.1 requires that all structures be kept free from insect and rodent infestation. City Code § 12-34(21) declares dilapidated structures to be public nuisances. City Code § 12-34(24) declares animal feces, solid waste, or junk accumulation so as to be dangerous or injurious to be a public nuisance. The entire interior of the Subject Property is in extremely poor repair. The Subject Property is littered with trash and animal feces throughout. The Subject Property is cluttered with debris, furniture, and other items throughout. The Subject Property shows signs of ongoing rodent infestation. 2. IPMC § 504.1 requires that all “plumbing fixtures shall be maintained in a safe, sanitary and functional condition.” The kitchen and bathroom fixtures in the Subject Property are disassembled and blocked. IPMC § 504.3 prohibits hazards from inadequate venting, backsiphonage, deterioration or damage. The open waste/vent in the main bath allows sewer gas to enter the home, creating a hazard. The plumbing clean-outs are further missing covers, also allowing sewer gas to enter the home and creating a hazard. 3. IPMC § 604.3 requires the repair of improper fusing, receptacles, wiring, or installation. The Subject Property contains electrical fixtures and switches throughout the home that have been improperly disconnected or are missing cover plates. The Subject Property contains exposed electrical wiring. The exposed wiring has been shown to be arcing when powered on. 4. IPMC § 702.1 requires a “safe, continuous and unobstructed path of travel” to exit the building from any point within the structure. The Subject Property is littered with junk and debris to the extent that it impacted the ability to move within the Subject Property, leaving no clear path of egress. Pursuant to the foregoing, in accordance with Minn. Stat. § 463.17, unless the hazardous conditions listed above are removed within thirty (30) days of the date of this Order, the City shall cause the hazardous conditions on the Subject Property to be remo ved. The removal of the above-reference hazardous conditions requires the demolition of the Addition, the removal of added foundation, deck, and footings, and backfilling to prevent any dangerous exposed excavation. Removal of the hazardous conditions must include at minimum: 1. Removal of interior trash, clutter, and debris and cleaning fouled surfaces 2. Sealing open sewer lines and draining water lines and fixtures 3. Correcting electrical hazards 4. Sealing and locking or blocking windows shut City council meeting of February 5, 2024 (Item No. 5e) Page 5 Title: Approve resolution and order to abate hazardous building at 2519 Virginia – Ward 4 5. Securing garage and service doors to the Subject Property 6. Requesting gas and electric services to the Subject Property be turned off outside the house If you fail to remedy the hazardous conditions, the City will seek permission from the District Court for the City to do so. The City will move the District Court for summary enforcement of this Order pursuant to Minn. Stat. § 463.19 unless you remedy the situation within said thirty (30) day period or unless an answer is filed within twenty (20) days of service of this Order up on you pursuant to Minn. Stat. § 463.18. Any answer filed must specifically deny sufficient facts presented in this Order to raise a material question as to the presence or absence of hazardous conditions. Upon enforcement of the Order by the City, all costs expended by the City will be assessed against the real property and collected as other taxes as provided in Minn. Stat. § 463.21. If you fail to remedy the hazardous conditions, you must remove all personal property or fixtures within thirty (30) days of service of this Order upon you pursuant to Minn. Stat. § 463.24. If the personal property or fixtures are not removed within that by time, then the City may sell the personal property or fixtures at public auction as provided in Minn. Stat. § 463.21 or the City may destroy the same. Moreover, you are advised that if the City of St. Louis Park is compelled to take any action to abate these hazardous conditions, all necessary costs expended by the City will be assessed against the real estate and collected as other taxes as provided in Minn. Stat. § 463.21. CAMPBELL KNUTSON Professional Association City council meeting of February 5, 2024 (Item No. 5e) Page 6 Title: Approve resolution and order to abate hazardous building at 2519 Virginia – Ward 4 Dated: _______________ By _____________________________ John S. Brooksbank (#0402593) Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-234-6218 jbrooksbank@ck-law.com Attorney for City of St. Louis Park City council meeting of February 5, 2024 (Item No. 5e) Page 7 Title: Approve resolution and order to abate hazardous building at 2519 Virginia – Ward 4 Resolution No. 24 - ___ Ordering repair or removal of hazardous conditions Whereas the city staff of the City of St. Louis Park have attempted without success to remedy the hazardous and unsafe conditions of the property at 2519 Virginia Ave. S., St. Louis Park, Minnesota, 55426, with a legal description of: Lot 18, Block 1, South Westwood Hills Second Addition, Hennepin County, Minnesota, and a Parcel Identification Number (PID) of: 07-117-21-41-0045 (“Subject Property”); and Whereas the city council has determined that the building on the property constitutes a hazardous property due to inadequate maintenance that constitutes a fire and safety hazard to public safety or health within the meaning of Minn. Stat. § 463.15, subd. 3; and Whereas the city council has fully considered all evidence relating to the code violations at the Subject Property. Said evidence is attached hereto as exhibits. The exhibits include the following documents: a. Exhibit A: Ownership and Encumbrance report for Subject Property showing the sole owner as Mr. Bruce Leslie Jordan b. Exhibit B: Obituary for Mr. Bruce Leslie Jordan disclosing no next of kin c. Exhibit C: Photographs of the Subject Property taken during an inspection on November 17, 2023 d. Exhibit D: Inspection report from the Subject Property Now therefore be it resolved by the city council of the City of St. Louis Park that the city council makes the following: Findings 1. The above recitals are incorporated as if fully set forth herein. 2. The sole owner of record of the property is Bruce Leslie Jordan. The Minnesota Department of Revenue holds a tax lien on the Subject Property for unpaid personal income taxes, recorded as Document No. 11223858. There are currently no other lienholders of record of the Subject Property. 3. The city is in possession of an obituary from Klecatsky & Sons Funeral Homes for Bruce Leslie Jordan. The obituary does not disclose any next of kin for Mr. Jordan. The funeral director indicated that the funeral had been pa id for by Hennepin County, and that the County had been unable to locate any heirs. The city has been unable to locate any heirs or next of kin. The city believes there is no current living owner of the Subject Property. 4. The Subject Property contains a single-family home. The city believes the home to City council meeting of February 5, 2024 (Item No. 5e) Page 8 Title: Approve resolution and order to abate hazardous building at 2519 Virginia – Ward 4 be vacant and unoccupied. 5. On November 8, 2023, the city applied for an Administrative Search Warrant to conduct an inspection of the Subject Property. Hennepin County District Court issued the warrant on November 9, 2023, and the city conducted an inspection on November 17, 2023. The inspection included shutting off water service, removing the water meter, shutting off the gas to pilot lights, and securing windows and doors. During the inspection, city staff observed the Subject Property to be dilapidated, in poor repair, in violation of city code and building and maintenance codes, and a threat to public safety. 6. On December 11th and 12th the city returned to the property to clean up exterior junk, trash, and debris. The interior and structure of the Subject Property remains a threat to the public health, safety, and welfare. 7. The Subject Property contains violations of City Code and the 2012 International Property Maintenance Code (IPMC). See also St. Louis Park City Code § 6-142 (adopting the 2012 IPMC by reference). 8. IPMC § 305.1 requires that the interior of all structures “shall be maintained in good repair, structurally sound and in a sanitary condition.” IPMC § 309.1 requires that all structures be kept free from insect and rodent infestation. City Code § 12-34(21) declares dilapidated structures to be public nuisances. City Code § 12-34(24) declares animal feces, solid waste, or junk accumulation so as to be dangerous or injurious to be a public nuisance. The entire interior of the Subject Property is in extremely poor repair. The Subject Property is littered with trash and animal feces throughout. The Subject Property is cluttered with debris, furniture, and other items throughout. The Subject Property shows signs of ongoing rodent infestation. 9. IPMC § 504.1 requires that all “plumbing fixtures shall be maintained in a safe, sanitary and functional condition.” The kitchen and bathroom fixtures in the Subject Property are disassembled and blocked. IPMC § 504.3 prohibits hazards from inadequate venting, backsiphonage, deterioration or damage. The open waste/vent in the main bath allows sewer gas to enter the home, creating a hazard. The plumbing clean-outs are further missing covers, also allowing sewer gas to enter the home and creating a hazard. 10. IPMC § 604.3 requires the repair of improper fusing, receptacles, wiring, or installation. The Subject Property contains electrical fixtures and switches throughout the home that have been improperly disconnected or are missing cover plates. The Subject Property contains exposed electrical wiring. The exposed wiring has been shown to be arcing when powered on. 11. IPMC § 702.1 requires a “safe, continuous and unobstructed path of travel” to exit the building from any point within the structure. The Subject Property is littered with junk and debris to the extent that it impacted the ability to move within the Subject Property, leaving no clear path of egress. City council meeting of February 5, 2024 (Item No. 5e) Page 9 Title: Approve resolution and order to abate hazardous building at 2519 Virginia – Ward 4 Decision Now therefore be it resolved by the city council of the City of St. Louis Park, Minnesota, based upon the information received and the above Findings, the following: 1. The Subject Property contains violations of City Code and the IPMC. 2. The Subject Property, which is located in St. Louis Park, Hennepin County, constitutes a health and safety hazard within the meaning of Minnesota Chapter 463. Specifically, the Subject Property contains conditions and improper construction that constitute a fire hazard and a hazard to public safety or health. Minn. Stat. § 463.15, subd. 3. 3. Pursuant to Minnesota Statutes § 463.16 et seq., the City hereby adopts and approves the Order for Repair and Removal of Hazardous Conditions attached hereto as Exhibit E. 4. The city’s legal counsel, Campbell Knutson, P.A., 860 Blue Gentian Road, Suite 290, Eagan, Minnesota 55121, is directed to serve the Order for Repair and Removal of Hazardous Conditions and to proceed with enforcement in accordance with Minn. Stat. § 463.15 et seq. Reviewed for administration: Adopted by the city council February 5, 2024 Kim Keller, city manager Nadia Mohamed , mayor Attest: Melissa Kennedy, city clerk Page 1 of 2 LT File Number: 689337 Report prepared on: January 4, 2024 Prepared for: Campbell Knutson 860 Blue Gentian Road Suite 290 Eagan, MN 55121 Attn: Mei Kee Loo Client File No.: PROPERTY REPORT Applicant:Bruce Leslie Jordan Property Address:N/A, Saint Louis Park, MN 00000 County:Hennepin State:Minnesota Property Type:Abstract Property LEGAL DESCRIPTION: Lot 18, Block 1, South Westwood Hills Second Addition, Hennepin County, Minnesota. APPARENT RECORD OWNER: Bruce Leslie Jordan WARRANTY DEED: Jonathan Paul Weiss and Elaine Ruth Weiss, husband and wife to Bruce Leslie Jordan ; DOCUMENT NO.: 4212030; DATED: May 26, 1976; FILED: June 9, 1976. OPEN MORTGAGES AND LIENS: Instrument Name Document No.Dated Recorded Date Amount There are no open mortgages and liens. City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 10 Page 2 of 2 TAX INFORMATION: Tax I.D. No.: 07-117-21-41-0045 Taxes for the year 2023: $5,875.58, Total, are 1st 1/2 Due, 2nd 1/2 Due, plus penalty on unpaid amounts Delinquent Tax: None Base Tax: $4,595.27 (Non-Homestead) Estimated Market Value: $343,800.00 Assessed in the name of: Bruce Leslie Jordan NAME SEARCHES: There are no unsatisfied judgments and notices of Federal or State Tax Liens docketed in Hennepin County District Court, and the Hennepin County Recorder’s office appearing against the following names (through the date interest was conveyed out): Bruce Leslie Jordan Except as follows: STATE TAX LIEN: MN Dept. of Revenue vs. Bruce L. Jordan, dated August 17, 2023, filed August 17, 2023 in the Hennepin County Recorder's Office as Document No. 11223858 (State Lien No. 684828) in the amount of $8,160.08. This Property Report is not a title examination, title opinion, title insurance commitment or title insurance policy. This report is furnished for the use and benefit of the requesting party. The liability of the reporting company caused by inaccuracies contained herein is limited to the amount paid for in said report. Land Title, Inc.  2200 West County Road C, Suite 2205, Roseville, MN 55113  phone (651) 638-1900  fax (651) 697-6185  landtitleinc.com POSTED EFFECTIVE DATE: 26th day of December, 2023 By: An Authorized Signature City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 11 Page 12 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 13 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 14 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 15 1/3/24, 3:13 PM Obituary information for Bruce Leslie Jordan https://www.klecatskys.com/obituaries/Bruce-Leslie-Jordan?obId=28074757 1/2 Bruce Jordan Obituary Preceded in death by his father, Leslie B. Jordan; and mother, Joan L. Voss. Interment 11 AM Monday, June 26, 2023 at Fort Snelling National Cemetery - Assembly Area #6. To send flowers to the family of Bruce, please visit our floral store. (http://southern-chapel.tributestore.com? oId=28074757&tag=&source=tco_descriptionundefined&mtph=1) Events JUN 26 Graveside Service Monday, June 26, 2023 11:00AM - 11:15AM Fort Snelling National Cemetery 7601 South 34th Avenue Minneapolis, MN 55450 Get Directions Obituary & Events Tribute Wall Privacy - Terms Share Obituary: Bruce Leslie Jordan December 14, 1944 - April 13, 2023   (sms:? &body=https://www.klecatskys.com/obituaries/Bruce- Leslie- Jordan? obId=28074757)   Sign In Share a memory Send Flowers (http://southern-chapel.tributestore.com?oId=2Share a memory Send Flowers (http://southern-chapel.tributestore.com?oId=28 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 16 1/3/24, 3:13 PM Obituary information for Bruce Leslie Jordan https://www.klecatskys.com/obituaries/Bruce-Leslie-Jordan?obId=28074757 2/2 Final Resting Place Fort Snelling National Cemetery 7601 South 34th Avenue Minneapolis, MN 55450 Get Directions  (https://www.facebook.com/Klecatsky-Sons-Funeral-Homes-188290457910334/) © Klecatsky & Sons Funeral Homes Supported by SRS Computing (http://www.srscomputing.com/) and TA (https://www.tributearchive.com/) Privacy Policy & Terms of Use | Accessibility View Map (Https://Maps.Google.Com/Maps? Saddr=&Daddr=44.8961092000000000,-93.2226047000000000) Text Email View Map (Https://Maps.Google.Com/Maps?Saddr=&Daddr=44.8961092000000000,-93.2226047000000000)Text Email West Chapel Phone: (651) 457-6200 (tel:6514576200) 1051 South Robert Street, West St. Paul, MN 55118 Southern Chapel Phone: (651) 451-1551 (tel:6514511551) 414 Marie Avenue, South St. Paul, MN 55075 Eagan Chapel Phone: (651) 454-9488 (tel:6514549488) 1580 Century Point, Eagan, MN 55121 Rosemount Chapel Phone: (651) 332-2399 (tel:6513322399) 2930 146th Street West, Suite 114 Rosemount, MN 55068 Share a memory Send Flowers (http://southern-chapel.tributestore.com?oId=2Share a memory Send Flowers (http://southern-chapel.tributestore.com?oId=28 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 17 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 18 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 19 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 20 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 21 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 22 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 23 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 24 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 25 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 26 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 27 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 28 City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 29 229419v1 Inspection Report 11/30/2023 RE: 2519 Virginia Ave S St. Louis Park, MN 55426 On November 17, 2023 the City of St. Louis Park entered the abandoned property at 2519 Virginia Ave S. under a court warrant to inspect the property, shut off water-service, remove water-meter, shut-off gas to standing pilot lights, and secure windows and doors. Earlier this year, the owner of the home was found deceased during a welfare check by the St. Louis Park Police department, leaving the home abandoned with no next of kin. The condition of the home was observed to be uninhabitable and a public health and safety concern based on the following: Main floor bathroom has all plumbing fixtures disassembled. IPMC 504.1 Open waste/vent in main bath allowing sewer gas into home. IPMC 504.3 Entire home littered with trash and animal feces throughout. IPMC 305.1 Electrical fixtures/switches disconnected or missing cover plates throughout home. IPMC 604.3 Exposed electrical wiring is shown to be arcing when powered on. IPMC 604.3 Rodent infestation inside the home. IPMC 309.1 Plumbing clean-outs missing covers, allowing sewer gas to enter the home. IPMC 504.3 Kitchen and lower-level bathroom unsanitary with fixtures not in service. IPMC 504.1 The home did not have clear paths of egress. IPMC 702.1 Cluttered/disrepair furniture and other misc. items throughout interior. IPMC 305.1 Exterior finish of home with visible deterioration of siding/trim. IPMC 304.1 Accumulated trash, debris, storage, junked vehicles throughout front and rear yard. Garage filled with junk items and overhead door unable to close. On December 11th and 12th the exterior of the property was cleaned up by the City to abate the exterior nuisance. The interior of the property remains a health/safety concern based on items listed above. Michael Pivec Property Maintenance & Licensing Manager City council meeting of February 5, 2024 (Item No. 5e) Title: Approve resolution and order to abate hazardous building at 2519 Virginia - Ward 4 Page 30 Meeting: City council Meeting date: February 5, 2024 Consent agenda item: 5f Executive summary Title: Authorize pre-bonding Recommended action: Motion to adopt resolution declaring the official intent of the City of St. Louis Park to reimburse certain expenditures from the proceeds of bonds to be issued by the city. Policy consideration: Does the city council wish to reimburse the city from the bond proceeds for all of the city costs related to the various upcoming bonding projects? Summary: In the past, the city has adopted reimbursement resolutions for projects to ensure that it can go back and reimburse itself for the costs incurred before it receives the bond proceeds. This is a debt management best practice. This action does not authorize the issuance of bonds, but simply preserves the ability for the city to reimburse itself. A resolution of intent by the city to use bond proceeds to finance all or a portion of the expenditures is required prior to incurring those costs. The city is also eligible to be reimbursed for “preliminary expenditures”, such as architectural, engineering, and surveying costs, etc., up to an amount allowed under the reimbursement regulations. The attached resolution covers both the construction and preliminary expenditures. The reimbursement maximum in each resolution would cover all bond related project costs. The actual amount of bonding may be less than this amount and we may spread some costs over multiple years if the projects move forward and/ or timing changes. Financial or budget considerations: Bonds will be issued later this year to cover cash flow needs for projects in the adopted 2024 CIP that are financed through borrowing. Strategic priority consideration: Not applicable. Supporting documents: Resolutions Prepared by: Amelia Cruver, finance director Reviewed by: Cheyenne Brodeen, administrative services director Approved by: Kim Keller, city manager City council meeting of February 5, 2024 (Item No. 5f) Page 2 Title: Authorize pre-bonding Resolution No. 24 -___ Declaring the official intent of the City of St. Louis Park to reimburse certain expenditures from the proceeds of bonds to be issued by the city Be it resolved by the City Council (the “city council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “city”) as follows: 1. The Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the “reimbursement regulations”) providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met. 2. The city expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax-exempt bond. 3. The city has determined to make this declaration of official intent (the “declaration”) to reimburse certain costs from proceeds of bonds in accordance with the reimbursement regulations. 4. The city is responsible for a portion of the cost incurred for Hennepin County’s replacement of Minnetonka Blvd. (between TH100 and France Ave.)(Project No. 4023- 7000) (the “project”). 5. The city reasonably expects to reimburse the expenditures made for certain costs of the project from the proceeds of one or more series of bonds in an estimated maximum aggregate principal amount of $5,100,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the reimbursement regulations. 6. This declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the city to finance the project for which the preliminary expenditures were incurred. The term “preliminary expenditures” includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 7. This declaration is an expression of the reasonable expectations of the city based on the facts and circumstances known to the city as of the date hereof. The anticipated original expenditures for the project and the principal amount of the bonds described in paragraph 2 are consistent with the city’s budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the city are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the city’s budget or financial policies to pay such project expenditures. 8. This declaration is intended to constitute a declaration of official intent for purposes of the reimbursement regulations. City council meeting of February 5, 2024 (Item No. 5f) Page 3 Title: Authorize pre-bonding Reviewed for administration: Adopted by the city council February 5, 2024 Kim Keller, city manager Nadia Mohamed , mayor Attest: Melissa Kennedy, city clerk City council meeting of February 5, 2024 (Item No. 5f) Page 4 Title: Authorize pre-bonding Resolution No. 24 - ___ Declaring the official intent of the City of St. Louis Park to reimburse certain expenditures from the proceeds of bonds to be issued by the city Be it resolved by the City Council (the “city council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “city”) as follows: 1. The Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the “reimbursement regulations”) providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met. 2. The city expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax -exempt bond. 3. The city has determined to make this declaration of official intent (the “declaration”) to reimburse certain costs from proceeds of bonds in accordance with the reimbursement regulations. 4. The city proposes to undertake the rehabilitation of local streets in Pavement Management Area 2. (Project No. 4024-1000) (the “project”). 5. The city reasonably expects to reimburse the expenditures made for certain costs of the project from the proceeds of one or more series of bonds in an estimated maximum aggregate principal amount of $900,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the reimbursement regulations. 6. This declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the city to finance the project for which the preliminary expenditures were incurred. The term “preliminary expenditures” includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 7. This declaration is an expression of the reasonable expectations of the city based on the facts and circumstances known to the city as of the date hereof. The anticipated original expenditures for the project and the principal amount of the bonds described in paragraph 2 are consistent with the city’s budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the city are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the city’s budget or financial policies to pay such project expenditures. 8. This declaration is intended to constitute a declaration of official intent for purposes of the reimbursement regulations. City council meeting of February 5, 2024 (Item No. 5f) Page 5 Title: Authorize pre-bonding Reviewed for administration: Adopted by the city council February 5, 2024 Kim Keller, city manager Nadia Mohamed , mayor Attest: Melissa Kennedy, city clerk City council meeting of February 5, 2024 (Item No. 5f) Page 6 Title: Authorize pre-bonding Resolution No. 24 -___ Declaring the official intent of the City of St. Louis Park to reimburse certain expenditures from the proceeds of bonds to be issued by the city Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “city”) as follows: 1.The Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the “reimbursement regulations”) providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met. 2.The city expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax -exempt bond. 3.The city has determined to make this declaration of official intent (the “declaration”) to reimburse certain costs from proceeds of bonds in accordance with the reimbursement regulations. 4.The city proposes to undertake the reconstruction of portions of Louisiana Ave. and Cedar Lake Rd. (Project Nos. 4023-1100 and 4024-1100) (the “project”). 5.The city reasonably expects to reimburse the expenditures made for certain costs of the project from the proceeds of one or more series of bonds in an estimated maximum aggregate principal amount of $4,100,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the reimbursement regulations. 6.This declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the city to finance the project for which the preliminary expenditures were incurred. The term “preliminary expenditures” includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 7.This declaration is an expression of the reasonable expectations of the city based on the facts and circumstances known to the city as of the date hereof. The anticipated original expenditures for the project and the principal amount of the bonds described in paragraph 2 are consistent with the city’s budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the city are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the city’s budget or financial policies to pay such project expenditures. 8.This declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. City council meeting of February 5, 2024 (Item No. 5f) Page 7 Title: Authorize pre-bonding Reviewed for administration: Adopted by the city council February 5, 2024 Kim Keller, city manager Nadia Mohamed , mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 5, 2024 Consent agenda item: 5g Executive summary Title: Approve joint powers agreement between police department and Hennepin County Recommended action: Staff recommends that council approve the 2024-2025 cooperative agreement for the police embedded social worker (PESW) program. Policy consideration: Does the council wish to approve a two-year extension to the existing cooperative agreement for the police embedded social worker program? Summary: The current cooperative agreement with Hennepin County Human Services provides the police department with an embedded licensed social worker to assist with the department’s response to mental health calls in the city. This program that we originally helped pilot is now in nearly every city that has a police department in Hennepin County. The partnership has proven to be an asset to the department’s response to mental health calls . The embedded social worker will be working hand-in-hand with our new behavioral health unit, working daily with specially assigned police officers. The new two-year contract provides our police department with a full-time licensed social worker from Feb. 1, 2024, through Dec. 31, 2025. The cooperative agreement has been reviewed and approved by the St. Louis Park City Attorney. Financial or budget considerations: The cost of the Hennepin County Licensed Social Worker for 2024 will not exceed $75,824 and for 2025 will not exceed $88,431. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Cooperative agreement for police mental health program Prepared by: Bryan Kruelle, police chief Approved by: Kim Keller, city manager HC# A2312133 1 Updated December 2023 JOINT POWERS AGREEMENT BETWEEN HENNEPIN COUNTY AND CITY OF ST. LOUIS PARK This Joint Powers Agreement (“Agreement”) is made and entered into by and between the County of Hennepin, State of Minnesota (“COUNTY”) on behalf of its Human Services and Public Health Department (“HSPHD”) and City of St. Louis Park (“CITY”), 3015 Raliegh Ave S. St. Louis Park, MN 55416 on behalf of its police department, (“POLICE DEPARTMENT”) and pursuant to the authority conferred upon them by Minn. Stat. § 471.59. The parties to this Agreement may also be referred to individually as “Party” and collectively as “Parties”. WHEREAS, COUNTY is a political subdivision of the State of Minnesota and its Human Services and Public Health Department is empowered to provide general and emergency public services that support and protect the physical, mental and behavioral health of individuals in Hennepin County; and WHEREAS, CITY is a governmental unit of the State of Minnesota and is empowered to provide general and emergency public services in a manner that supports and protects the physical, mental and behavioral health of individuals in Hennepin County; and WHEREAS, the Parties desire to jointly and cooperatively coordinate their expertise and delivery of services to further the interests of providing mental health and related social services in a manner that most effectively and efficiently supports and protects the physical, mental and behavioral health of individuals in Hennepin County, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and benefits realized by each Party, the Parties agree as follows: 1.PURPOSE The purpose of this Agreement is to enable COUNTY to provide social work services to POLICE DEPARTMENT, for POLICE DEPARTMENT to secure such services from COUNTY and to establish the terms on which such services shall be provided. 2.PROJECT/PROGRAM A.The Parties shall cooperate and collaborate to perform services associated with the Embedded Social Worker Model (the “Model”), as further described and outlined in Exhibit A: Description of Services. B.The Parties shall perform at all times in accordance with the provisions herein, including but not limited to the data provisions. 3.TERM OF THE AGREEMENT City council meeting of February 5, 2024 (Item No. 5g) Title: Approve joint powers agreement between police department and Hennepin County Page 2 HC# A2312133 2 Updated December 2023 The term of this Agreement shall be from February 1, 2024, through December 31, 2025, unless terminated earlier in accordance with the cancellation/termination provisions of this Agreement. 4.PAYMENT A.In accordance with the provisions herein, CITY shall pay COUNTY as follows for 1.0 full- time Social Worker (“SW”), as that term is defined in Exhibit A, employed by COUNTY. 1. For the period February 1, 2024, through December 31, 2024, total payments by CITY to COUNTY shall not to exceed seventy-five thousand eight hundred twenty-four dollars ($75,824). 2. For the period of January 1, 2025, through December 31, 2025, total payments by CITY to COUNTY shall not to exceed eighty-eight thousand four hundred thirty-one dollars ($88,431). B.In the event that the SW position is vacant or absent for a period of up to one- month, HSPHD may provide POLICE DEPARTMENT with a temporary SW to work onsite at POLICE DEPARTMENT when available. If a temporary onsite SW is not available, HSPHD may assign based on availability a coverage team to review existing services, determine need and complete outreach (via phone or in-person) based on resident needs for each referral from POLICE DEPARTMENT. POLICE DEPARTMENT may also opt to not have coverage until the onsite social worker is replaced. 1.There will be no additional cost to POLICE DEPARTMENT if HSPHD assigns a temporary onsite SW worker. The billing will remain as set forth in this Agreement. 2.If HSPHD provides a coverage team to review existing services, determine need and complete outreach (via phone or in-person) POLICE DEPARTMENT will be billed at 50% of the amount listed above during the period of reduced coverage. 3.If POLICE DEPARTMENT decides not to have HSPHD assign a temporary SW, HSPHD will not bill for period when position is vacant. 4.HSPHD shall submit a quarterly invoice to POLICE DEPARTMENT for the previous quarter’s cost of SW services. In the event the SW position is not staffed for a portion of the billing cycle, the payment shall be prorated. C.POLICE DEPARTMENT will make payment within thirty-five (35) days from receipt of the invoice. If the invoice is incorrect, defective, or otherwise improper, POLICE DEPARTMEMT will notify HSPHD within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from HSPHD, POLICE DEPARTMENT will make payment within thirty-five (35) days of receipt of the corrected invoice. City council meeting of February 5, 2024 (Item No. 5g) Title: Approve joint powers agreement between police department and Hennepin County Page 3 HC# A2312133 3 Updated December 2023 E. Further, the Parties expressly agree that neither this Agreement nor either Party’s performance hereunder obligates or commits either Party to enter a subsequent contract or engagement with the other. 5.LIABILITY AND NOTICE A.Each Party shall be liable for its own acts and the results thereof to the extent provided by law and, further, each Party shall defend, indemnify, and hold harmless the other (including their present and former officials, officers, agents, employees, volunteers, and subcontractors), from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of the indemnifying Party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. The provisions of Minnesota Statutes, Chapter 466 shall apply to any tort claims brought against COUNTY and/or CITY as a result of this Agreement. B.To the fullest extent permitted by law, action by the Parties to this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they shall be a deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, section 471.59, subdivision 1a(a), provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Party. The total liability for the Parties shall not be added together to exceed the limits on governmental liability for a single governmental unit. C.Duty to Notify: Each Party shall promptly notify the other Party of any actual or suspected claim, action, cause of action, administrative action, criminal arrest, criminal charge, or litigation brought against the party, its present and former officials, officers, agents, employees, volunteers, and subcontractors which arises out of this Agreement. 6.INSURANCE Each party warrants that it has a purchased insurance or utilizes a self-insurance program sufficient to meet its liability obligations and, at a minimum, to meet the maximum liability limits of Minnesota Statutes Chapter 466. This provision shall not be construed as a waiver of any immunity from liability under Chapter 466 or any other applicable law. 7.INDEPENDENT PARTIES Notwithstanding any other formal, written agreements or contracts which may exist between COUNTY and CITY, nothing is intended or should be construed in any manner as creating or establishing the relationship of partners between the Parties hereto or as constituting either Party as the agent, representative, or employee of the other for any purpose or in any manner whatsoever. Each Party is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Each Party will secure at its own expense all personnel required in performing services under this Agreement. Any personnel of a Party or City council meeting of February 5, 2024 (Item No. 5g) Title: Approve joint powers agreement between police department and Hennepin County Page 4 HC# A2312133 4 Updated December 2023 other persons engaged in the performance of any work or services required by that Party shall have no contractual relationship with the other Party and will not be considered employees of the other Party. No Party shall be responsible for any claims related to or on behalf of the other Party’s’ personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers' Compensation Act (Minnesota Statutes Chapter 176), or claims of discrimination arising out of state, local, or federal law, against a Party, its officers, agents, contractors, or employees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the other Party, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 8.NONDISCRIMINATION In accordance with COUNTY’s policies against discrimination, POLICE DEPARTMENT shall not exclude any person from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital status, sexual orientation, or public assistance status. No person who is protected by applicable law against discrimination shall be subjected to discrimination. 9.NO THIRD PARTY BENEFICIARY Except as herein specifically provided, no other person, customer, employee, or invitee of any Party or any other third party shall be deemed to be a third party beneficiary of any of the provisions herein. 10.DATA COUNTY and POLICE DEPARTMENT, their officers, agents, owners, partners, employees, volunteers and subcontractors, shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and all other applicable state and federal law, rules, regulations and orders relating to data privacy, confidentiality, disclosure of information, medical records or other health and enrollment information, and as any of the same may be amended, as well as the data and data sharing provisions set forth in Exhibit A. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 11.RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, the Parties, the State Auditor, Legislative Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., of the Parties which are pertinent to the accounting practices and procedures of the Parties and involve transactions relating to this Agreement. The Parties shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. City council meeting of February 5, 2024 (Item No. 5g) Title: Approve joint powers agreement between police department and Hennepin County Page 5 HC# A2312133 5 Updated December 2023 12.MERGER, MODIFICATION, AND SEVERABILITY A.The entire understanding between the Parties is contained herein and supersedes all oral agreements and negotiations between the Parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B.Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification; Liability and Notice; Merger, Modification and Severability; Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C.If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 13.DEFAULT AND CANCELLATION/TERMINATION A.If either Party fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless the Party’s default is excused in writing by the non-defaulting Party, the non-defaulting Party may upon written notice immediately cancel or terminate this Agreement as to the defaulting Party or in its entirety. B.This Agreement may be canceled/terminated with or without cause by either Party upon thirty (30) days written notice. Either Party may immediately cancel or terminate this Agreement if the terminating party determines that the health and welfare of a member of the public is at risk. Upon cancellation/termination, property or surplus money, if any, acquired as a result of the operation of this Agreement shall be distributed to the Parties in proportion to contributions of the Parties. C.Either Party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. The above remedies shall be in addition to any other right or remedy available to either Party under this Agreement, law, statute, rule, and/or equity. City council meeting of February 5, 2024 (Item No. 5g) Title: Approve joint powers agreement between police department and Hennepin County Page 6 HC# A2312133 6 Updated December 2023 14. NOTICES Unless the Parties otherwise agree in writing, any notice or demand which must be given or made by a Party under this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator at the address given in the opening paragraph of this Agreement with copies to HSPHD as detailed below. Notice to POLICE DEPARTMENT shall be sent to the address stated in the opening paragraph of this Agreement with a copy as detailed below. HSPHD: Leah Kaiser Director of Behavioral Health Hennepin County 300 South 6th Street Minneapolis, Minnesota 55487 leah.kaiser@hennepin.us POLICE DEPARTMENT: Bryan Kruelle Police Chief 3015 Raleigh Ave S. St. Louis Park, MN 55416 bkruelle@stlouisparkmn.gov 15.SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: INDEPENDENT PARTIES; LIABILITY AND NOTICE; INSURANCE; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/ TERMINATION; MARKETING AND PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 16.MARKETING AND PROMOTIONAL LITERATURE POLICE DEPARTMENT agrees that the terms, “Hennepin County” and “Hennepin County Human Services and Public Health Department”, the name of any elected official, or any derivatives thereof, shall not be utilized in any promotional literature or advertisements of any type without the express prior written consent of COUNTY. 17.MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the state of Minnesota. City council meeting of February 5, 2024 (Item No. 5g) Title: Approve joint powers agreement between police department and Hennepin County Page 7 HC# A2312133 7 Updated December 2023 (The remainder of this page intentionally left blank.) City council meeting of February 5, 2024 (Item No. 5g) Title: Approve joint powers agreement between police department and Hennepin County Page 8 HC# A2312133 8 Updated December 2023 The Parties hereto agree to be bound by the provisions set forth in this Agreement. Reviewed for COUNTY by the County Attorney’s Office Date: COUNTY OF HENNEPIN STATE OF MINNESOTA By: Chair of Its County Board ATTEST: Deputy/Clerk of County Board Date: By: County Administrator Date: City of St. Louis Park By: ___________________________________ Title: _________________________________ Date: __________________________________ By: ___________________________________ Title: __________________________________ Date: __________________________________ City council meeting of February 5, 2024 (Item No. 5g) Title: Approve joint powers agreement between police department and Hennepin County Page 9 HC# A2312133 EXHIBIT A: Description of Services 1 Updated December 2023 POLICE DEPARTMENT and HSPHD staff will work collaboratively to prevent reoccurrences of crisis calls. Roles and Responsibilities of Parties POLICE DEPARTMENT will: A.Provide office space for the Social Worker (SW); B.Provide a hotspot for connection if SW are otherwise unable to access to COUNTY network; C.Work with the HSPHD management to establish operational protocols including but not limited to referral criteria and process, hours of operation, data tracking and analysis; and D.Provide safety vests available for SW who ride along in squad cars with officers in accordance with police department policies. HSPHD will: A.Provide the SW with equipment that is necessary for completing their work. This includes, but is not limited to, laptop computer, cell phone, printer, computer monitor, docking station and office supplies; B.Supervise the SW staff providing services under this Agreement; C.Be responsible for transportation/mileage expenses for the SW. The SW will be responsible following the HSPHD transportation/mileage reimbursement policies; D.Provide short-term assistance to individuals in order to connect the individuals with internal and/or community resources to help meet their needs. Services will be provided timely and in an ethical and culturally sensitive manner. Services could include coordination with existing service providers, risk assessments, referrals and evaluation of need for emergency services and assistance in making those connections; E.Share individually identifiable information with law enforcement only when there is an ongoing emergency situation and the client information is necessary to protect the health or safety of the individual or other people and pursuant to applicable law. Information disclosed shall be limited to that necessary to address the emergency situation. During contact with individuals, the SW will make a reasonable attempt to obtain a Release of Information (ROI) City council meeting of February 5, 2024 (Item No. 5g) Title: Approve joint powers agreement between police department and Hennepin County Page 10 HC# A2312133 EXHIBIT A: Description of Services 2 Updated December 2023 signed by each individual served, in order to permit relevant information to be subsequently shared with POLICE DEPARTMENT. Without a ROI, individually identifiable information will be shared with POLICE DEPARTMENT only as previously described; and F.Collect information needed to determine eligibility for community and/or county resources/services as needed. The SW will facilitate referrals to appropriate resources; The Embedded Social Worker Model consists of: A.Embedded mental health expertise in police departments and dispatch; B.SW and medical professional respond to mental health, substance and social service-related calls to 911; and C.SW and law-enforcement officer respond to mental health, substance and social service- related calls to 911. Goals of the model include: A.Ensure timely engagement with people who need support; B.Fewer arrests and repeat calls; C.Increased public satisfaction with the response to mental health emergencies; and D.Free up police resources for other types of calls. City council meeting of February 5, 2024 (Item No. 5g) Title: Approve joint powers agreement between police department and Hennepin County Page 11 Meeting: City council Meeting date: February 5, 2024 Consent agenda item: 5h Executive summary Title: Resolution approving 2022-2025 Law Enforcement Labor Services (LELS) #206 labor agreement Recommended action: Motion to adopt resolution approving amended labor agreement between the city and the police officer employee bargaining group, establishing updated terms and conditions of employment for four years, from Jan. 1, 2022 – Dec. 31. 2025. This includes updated wages for 2024. Policy consideration: Does council approve the amended labor agreement between the city and the union? Summary: Staff is pleased to bring this amended four-year contract with LELS to the council for approval. The contract was approved by the council on August 19, 2022. LELS and management decided to draft a MOU to extend the contract into 2025 . Copies of the proposed contract and MOU are available upon request from the city clerk. Financial or budget considerations: The amount recommended has been included in the 2024 budget. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Rita Vorpahl, HR director Reviewed by: Cheyenne Brodeen, administrative services director Approved by: Kim Keller, city manager City council meeting of February 5, 2024 (Item No. 5h) Page 2 Title: Resolution approving 2022-2025 Law Enforcement Labor Services (LELS) #206 labor agreement Discussion Background: Staff and the LELS have been in contract negotiations since fall of 2023. The previous contract was approved by the council on Aug. 19, 2022. LELS and management decided to draft a MOU to extend the contract into 2025. Items listed follow the approved compensation plans, budget discussions and are effective Jan. 1, 2022 – Dec. 31, 2025. Our discussions in drafting the MOU were productive and resulted in this agreement. The updated 2024 wages are to reflect a market adjustment to remain in the 85th percentile. Present considerations: The city and LELS have negotiated and come to agreement on the following changes to the contract: •Duration of four years (1/1/2022 – 12/31/2025). •Wage increases of 3.5% in 2024 and 3% in 2025. Wage re-opens in both years to remain in the 85th percentile. •Add supplemental pay for the behavioral health officer, juvenile response officer, and the Violent Crimes Reduction Unit. •Establish time for the canine handler to have time to train, feed and care for the dog. The agreed upon changes have been included in the 2024 budget and will be incorporated into 2025 projections. The proposed contract and copies of the labor agreement MOU are on file with and available upon request from the city clerk. City council meeting of February 5, 2024 (Item No. 5h) Page 3 Title: Resolution approving 2022-2025 Law Enforcement Labor Services (LELS) #206 labor agreement Resolution No. 24-___ Approving labor agreement between the City of St. Louis Park and Law Enforcement Labor Services (LELS) Local #206 Police Officers January 1, 2022 – December 31, 2025 Whereas, the city and the union have reached a negotiated settlement covering the terms and conditions of a labor agreement as permitted by the State of Minnesota Public Employees Labor Relations Act; and Whereas, the city council may enter into such agreements as authorized by its charter; Now therefore be it resolved by the city council of the City of St. Louis Park that the mayor and city manager are authorized to execute a collective bargaining agreement, city Contract No. 22-24 between the City of St. Louis Park and LELS #206 (Officers), effective January 1, 2022 – December 31, 2025. Reviewed for administration: Adopted by the city council February 5, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 5, 2024 Consent agenda item: 5i Executive summary Title: Resolution approving letter of non-default - Beltline Station Development – Ward 1 Recommended action: Motion to adopt resolution approving a letter of no-default related to the Beltline Station Development. Policy consideration: Does the city council wish to approve the letter of no-default related to the Beltline Station Development relating to the property purchase date and construction commencement and completion dates for the Beltline Station Development ? Summary: In October 2023, the EDA and city approved amendments to the purchase agreement and contracts related to the Beltline Station Development requiring the developer close on its financing and purchase property from the EDA no later than Jan . 31, 2023. This extension allowed for the redesign and rebidding of the public-private parking ramp related to the development, since the original ramp bid came in several million dollars over budget. After a substantial redesign, the parking ramp was rebid on Nov. 9, with the bid opening scheduled for Dec. 14, 2024. During the pre-bid meeting, several contractors requested the bid opening be extended to accommodate the holiday season and allow them more time to put together competitive bid sets. The bid opening was delayed to accommodate this request and subsequently occurred on Jan. 23, 2024. Two bids were received, with the lowest bid at $20.2 million which was $3.5 million lower than the September 2024 bid, but still several million higher than what the developer projected in its financial pro-forma for the development. The current low bid, combined with high construction costs and the highest interest rates seen in 20 years, has not allowed the developer to fully close its financial gap. Sherman Associates has reached out to the city and Met Council requesting additional financial assistance. Staff is working with Ehlers (the EDA’s financial consultant), the EDA attorney, and the developer to determine a path forward. Staff will bring a recommendation to the EDA/council in the coming weeks for consideration. The development contracts between the EDA/City and the developer expired on Jan. 31, 2024. Due to the expiration of the contracts, the developer’s private lenders are requesting letters stating the EDA and city will not declare Sherman Associates in default. The developer remains committed to the project and since all parties continue to work cooperatively to bring the Beltline Station Development to fruition, EDA legal counsel and staff recommend approving the resolutions stating the EDA and city will not declare a default prior to May 31, 2024. Financial or budget considerations: All legal and financial assistant costs associated with the preparation of the no-default letter and subsequent amendments will be paid by the developer. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution and letter of no-default. 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 February 5, 2024 (Item No. 5i) Page 2 Title: Resolution approving letter of non-default - Beltline Station Development – Ward 1 Resolution No. 24 -__ Approving a letter regarding certain agreements Be it resolved by the city council (the “city council”) of the City of St. Louis Park, Minnesota (the “city”) as follows: Section 1. Recitals; authorization. (a) To facilitate the construction of a multi-phase, mixed use development and related parking located at 4601 Highway 7 in the city (the “development”), the city has entered into a contract for private development (the “affordable contract”) with the St Louis Park economic development authority (the “authority”) and Beltline Station Limited Partnership, a Minnesota limited partnership (“Beltline Station” and together with other related affiliates of Sherman Development, the “developer”). The affordable contract has been amended three times. (b) Due to certain delays, the developer has missed certain deadlines in the affordable contract and other agreements between the authority and the developer related to the development (collectively, the “agreements”) and has informed the city and the authority that it will not be in compliance with certain terms set forth in the agreements. The developer, the city and the authority are currently working collaboratively on amendments to the agreements (the “amendments”) which should bring the developer into compliance, and for that reason the city does not plan to declare events of default under the agreements at this time. (d) The developer has requested that the city and the authority execute a letter stating the facts above, a form of which is presented to the city council (the “letter”). Section 2. Approval of documents. (a) The city council approves the letter in substantially the form presented to the city council, together with any related documents necessary in connection therewith, including without limitation all documents, exhibits, certifications, or consents referenced in or attached to the letter (the “documents”). (b) The city council hereby authorizes the mayor and city manager, in their discretion and at such time, if any, as they may deem appropriate, to execute the documents on behalf of the city, and to carry out, on behalf of the city, the city’s obligations thereunder when all conditions precedent thereto have been satisfied. The documents shall be in substantially the form on file with the city and the approval hereby given to the documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the city and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the city. The execution of any instrument by the appropriate officers of the city herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the documents shall not be effective until the date of execution thereof as provided herein. Economic development authority meeting of February 5, 2024 (Item No. 5i) Page 3 Title: Resolution approving letter of non-default - Beltline Station Development – Ward 1 (c) In the event of absence or disability of the officers, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the city council by any duly designated acting official, or by such other officer or officers of the city council as, in the opinion of the city attorney, may act in their behalf. Upon execution and delivery of the documents, the officers and employees of the city council are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the city council to implement the documents. Section 3. Effective date. This resolution shall be effective upon approval. Reviewed for administration: Adopted by the city council February 5, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest Melissa Kennedy, city clerk February 5, 2024 Beltline Development LLC 233 Park Avenue South, Suite 201 Minneapolis, MN 55415 Attention: Will Anderson Dear Will: To facilitate the construction of a multi-phase, mixed-use development and related parking (the “Development”) located at 4601 Highway 7 in the City of St. Louis Park, Minnesota (the “City”), the St. Louis Park Economic Development Authority (the “Authority”) has entered into the following agreements (the “Agreements”): (1) a Loan Agreement with Beltline Development LLC, a Minnesota limited liability company (“Beltline Development”), which has been amended six times (as amended, the “Loan Agreement”), and a related Promissory Note (as amended, the “Note”) and Mortgage (as amended, the “Mortgage”), both delivered by Beltline Development and as amended six times evidencing and securing Beltline Development’s obligations under the Loan Agreement; (2) a Purchase Agreement with Beltline Development (as amended, the “Purchase Agreement”), which has been amended four times; (3) a Contract for Private Development with Beltline Mixed Use LLC, a Minnesota limited liability company (“Beltline Mixed Use”), which has been amended once (as amended, the “Mixed-Use Contract”); and (4) a Contract for Private Development with the City and Beltline Station Limited Partnership, a Minnesota limited partnership (“Beltline Station” and, together with Beltline Development, Beltline Mixed Use, and other related affiliates, the “Developer”), which has been amended three times (as amended, the “Affordable Contract”). The Developer has missed certain deadlines in the Agreements and has informed the Authority and the City that it will not be in compliance with certain terms set forth in the Agreements including: •Section 2(c) of the Loan Agreement, which states, in part, that: “The entire unpaid amount of principal and accrued interest on the Loan shall be due and payable on the earlier of (i) the date that the Borrower, or an affiliate thereof or entity related thereto, acquires the City and Authority Property as defined and contemplated in the Preliminary Agreement and in accordance with the Purchase Agreement; or (ii) January 31, 2024 (the “Loan Payment Date”).” This term is also reflected in Section 2 of the Note and Paragraph 20 of the Mortgage. •Paragraph 3 of the Purchase Agreement, which states, in part, that: “Subject to the terms of this Agreement, the closing of the purchase and sale of the Property contemplated by this Agreement (the “Closing”) shall occur at the office of Guaranty Commercial Title, Inc. (the “Title Company”), or at another location mutually agreed upon by the Parties, on the date 30 days after the satisfaction or written waiver of all of the conditions set forth in Section 8 hereof but not later than January 31, 2024, unless extended by agreement of the Parties (the “Closing Date”).” •Section 4.3 of the Mixed-Use Contract, which states, in part, that: “Subject to Unavoidable Delays, the Developer shall commence site and utility work on the Market-Rate Housing Component Parcel, the Parking Ramp Component Parcel, and the Mixed-Use Component Parcel by February 15, 2024.” City council meeting of February 5, 2024 (Item No. 5i) Title: Resolution approving letter of non-default - Beltline Station Development - Ward 1 Page 4 •Section 4.3 of the Affordable Contract, which states, in part, that: “Subject to Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements by March 31, 2024.” The Authority and the City understand that the Developer has faced delays with financing the Development and the Authority, the City and the Developer are currently working collaboratively on amendments to the Agreements and anticipate delivering such amendments by May 31, 2024. Pursuant to resolutions adopted by both the Board of Commissioners of the Authority and the City Council of the City on February 5, 2024, the Authority and the City have determined not to declare an event of default under any of the Agreements prior to May 31, 2024 while the parties are negotiating amendments to the Agreements. Sincerely, St. Louis Park Economic Development Authority _________________________ __________________________ President Executive Director City of St. Louis Park, Minnesota __________________________ __________________________ Mayor City Manager City council meeting of February 5, 2024 (Item No. 5i) Title: Resolution approving letter of non-default - Beltline Station Development - Ward 1 Page 5 Meeting: City council Meeting date: February 5, 2024 Consent agenda item: 5j Executive summary Title: Resolution approving liquor license renewal for period March 1, 2024 - February 28, 2025 Recommended action: Motion to adopt resolution approving the renewal of liquor license for the license term March 1, 2024, through Feb. 28, 2025. Policy consideration: Does the applicant meet the requirements of the city and state for renewal of their liquor license? Summary: On Dec. 1, 2023, the city clerk’s office distributed materials to current liquor license holders to renew their licenses for the term March 1, 2024, to Feb. 28, 2025. Renewal materials include state and city renewal applications, certification of liability insurance, proof of workers compensation insurance, CPA statements when required by code and license fees. Loop West End, LLC dba The Loop, located at 5331 16th St. W. with an intoxicating liquor license at the annual fee of $8,950, has met the criteria necessary for renewal of their liquor license. Liquor licensing is regulated by St. Louis Park City Code, Chapter 3 and state statutes related to liquor licensing. The licensing period for liquor is one year, beginning March 1. Renewal of licenses is done in accordance with the following sections of the city code: 3-57, 3- 64, and 3-70. Staff Recommendation: The city clerk’s office reviews all application information and works with the police department and the State of Minnesota to ensure that all licensees meet the necessary criteria for renewal of their liquor license. Loop West End, LLC dba The Loop has met the requirements in city code and state law. Staff recommend approval and issuance of the on - sale intoxicating liquor license for the term of March 1, 2024, to Feb. 28, 2025. Financial or budget considerations: Fees received for liquor license renewals are budgeted and cover the costs of administering and enforcing liquor licensing regulations and requirements. Strategic priority consideration: Not applicable. 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 February 5, 2024 (Item No. 5j) Page 2 Title: Resolution approving liquor license renewal for period March 1, 2024 - February 28, 2025 Resolution No. 24-____ Approving renewal of liquor license for the license period March 1, 2024, through February 28, 2025 Whereas Minnesota Statutes Chapter 340A and St. Louis Park City Code Chapter 3 provide for liquor licensing in cooperation with the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety; and Whereas no license may be issued or renewed if required criteria has not been met; and Now therefore be it resolved by the St. Louis Park City Council that the applicant and establishment located at 5331 16th Street W. and licensed as Loop West End, has met the criteria necessary for issuance of their on-sale intoxicating liquor license, and the application is hereby approved for March 1, 2024, to February 28, 2025. Reviewed for administration: Adopted by the city council February 5, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 5, 2024 Consent agenda item: 5k Executive summary Title: Resolution accepting a donation to parks and recreation department Recommended action: Motion to adopt a resolution accepting a donation to Westwood Hills Nature Center. Policy consideration: Does the city council wish to accept this donation with restrictions on its use? Summary: State statute requires the city council to formally accept donations. This requirement is necessary to make sure the city council has knowledge of any restrictions placed on the use of each donation prior to it being expended. • Donation for park enhancements or program needs at Westwood Hills Nature Center. o Becky Finnigan Charitable Gift Fund, $12,113.71 Financial or budget considerations: This donation will be used for enhancing the Chris Tulley art sculpture wall at Westwood Hills Nature Center. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Carrie Mandler, secretary program aide Stacy M. Voelker, administrative coordinator Reviewed by: Mark Oestreich, Westwood hills nature center manager Jason T. West, parks and recreation director Approved by: Kim Keller, city manager City council meeting of February 5, 2024 (Item No. 5k) Page 2 Title: Resolution accepting a donation to parks and recreation department Resolution No. 24 - ___ Accepting a donation in the amount of $12,113.71 for Westwood Hills Nature Center Whereas the City of St. Louis Park is required by state statute to authorize acceptance of any donations; and Whereas the city council must also approve any restrictions placed on the donation by the donor; and Whereas the Becky Finnigan Charitable Gift Fund donated $12,113.71 for enhancing the Chris Tulley art sculpture wall at Westwood Hills Nature Center. Now therefore be it resolved by the city council of the City of St. Louis Park that this donation is hereby accepted with thanks to the Becky Finnigan Charitable Gift Fund with the understanding that this gift must be used for enhancing the Chris Tulley art sculpture wall at Westwood Hills Nature Center. Reviewed for administration: Adopted by the city council February 5, 2024 Kim Keller, city manager Nadia Mohamed , mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: February 5, 2024 Public hearing: 6a Executive summary Title: Consider brewer's off-sale malt 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 off-sale malt liquor license to be located at 2314 Louisiana Avenue South. Policy consideration: Does the applicant meet the requirements for issuance of an off-sale brewer’s malt liquor license? Summary: The city received an application from Ullsperger Brewing, LLC dba Ullsperger Brewing for a brewer’s off-sale malt liquor license for the premises located at 2314 Louisiana Avenue South. The premises consists of approximately 1,470 square feet with an indoor-only seating capacity of 20. Fewer than 3,500 barrels of malt liquor are produced per year. Dan Ullsperger is the sole owner of the company and serves as on-site manager. The application also meets the requirements of the zoning and building divisions. On Sept. 18, 2023, the city council approved an application from Ullsperger Brewing LLC dba Ullsperger Brewing for an on-sale brewer’s taproom liquor license. Ullsperger Brewing has since completed their state licensing obligations and is currently in operation. The off-sale license is an addition to their current operation that would allow the business to sell their products at off-sale. The additional license requires separate approval from the city and the state. Since the taproom opened, the police department has recorded no compliance issues for the business and staff received no correspondence from the community prior to this public hearing. The police department completed 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 Jan. 25, 2024. 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 $200 for the brewer's off- sale malt liquor 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: February 5, 2024 Public hearing: 6b Executive summary Title: Consider brewer's off-sale malt liquor license for Haggard Barrel Brewing Company - Ward 2 Recommended action: • Mayor to open public hearing, take public testimony, and close public hearing. • Motion to approve application from Haggard Barrel Brewing Co., LLC dba Haggard Barrel for a brewer's off-sale malt liquor license to be located at 6413 Cambridge Street. Policy consideration: Does the applicant meet the requirements for issuance of a brewer’s off- sale malt liquor license? Summary: The city received an application from Haggard Barrel Brewing Co., LLC dba Haggard Barrel for a brewer's off-sale malt liquor license to be located at 6413 Cambridge Street. The premises will consist of approximately 283 square feet with no capacity for seating, either indoor or outdoor. Products will be sold at off-sale only, with no on-site consumption. Fewer than 3,500 barrels of malt liquor will be produced per year. The off-sale license requires approval by both the city and the state. Karl Eicher is the president of the company and will also serve as on-site manager. Zachary Johnson will serve as company vice president. Jared Drahonovsky and Joshua Drahonovsky are the other two business partners. The application meets the requirements of the zoning and building divisions. The police department completed 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 Jan. 25, 2024. 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 $200 for the brewer’s off-sale malt liquor 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: February 5, 2024 Action agenda item: 7a Executive summary Title: Resolutions establishing the 2024 Pavement Management project (4024-1000) – Ward 2 Recommended action: • Motion to adopt resolution accepting the project report, establishing the 2024 Pavement Management project (4024-1000), approving plans and specifications and authorizing advertisement for bids. • Motion to adopt resolution removing residential parking restrictions on Natchez, Princeton and Vallacher avenues. Policy consideration: Does the city council wish to pursue the pavement rehabilitation, utility improvements, sidewalk installation and impervious reductions recommended as a part of this project? Summary: The annual Pavement Management project rehabilitates several miles of local residential streets. In 2024, the streets to be rehabilitated are in Pavement Management Area 2 (Minikahda Vista and Browndale neighborhoods). Street rehabilitation work consists of replacing the existing bituminous pavement and concrete curb and gutter as needed. Other work includes sidewalk repairs, sewer repairs and watermain replacement. In addition to reconstructing existing infrastructure, new sidewalk segments, traffic management elements and removal of residential permit parking restrictions are being recommended as part of this project. A public hearing was held at the Jan. 16, 2024 council meeting. The attached discussion provides information addressing questions that were presented during the public hearing or thereafter. Financial or budget considerations: This project is included in the city's 2024 Capital Improvement Plan (CIP) and will be paid for using franchise fees, utility funds and general obligation bonds (sidewalk). The total cost estimate for the project is $8,260,295.27. The breakdown of the estimate is in the Jan. 16 public hearing report. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Discussion Resolutions Attachment #1: Staff recommendation map Attachment #2: Additional resident feedback Jan. 2, 2024 communications report Jan. 16, 2024 public hearing report Prepared by: Aaron Wiesen, project engineer Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of February 5, 2024 (Item No. 7a) Page 2 Title: Resolutions establishing the 2024 Pavement Management project (4024 -1000) – Ward 2 Discussion Background: This year's project will be performed in Area 2 of the city's eight pavement management areas. It includes work in the Minikahda Vista and Browndale neighborhoods. Information regarding this project was shared with the city council in a written communications report at the Jan. 2 city council meeting. The communications report contains recommendations for the elements to include in this project. A summary of the information in the report: • Description of the project scope • Sidewalk segment matrix and recommendations • Street width recommendations • Traffic management modifications • Permit parking An overview of the recommended design for this project was presented at the Jan. 16, 2024 city council meeting. The mayor opened the public hearing, inviting members of the public to speak regarding the recommended design. Five residents spoke during the public hearing. The following is a summary and staff responses to the questions from the public hearing and from council members: 1) Can you share the methodology and prioritization method for determining the streets to include in the project and the scope of work to occur on each street? Response: The project scope is determined based on the condition of the infrastructure . The city has 150 miles of street to maintain, so staff is deliberate in our infrastructure management recommendations. To ensure that the city's budget for the project is used efficiently, staff applies the right treatment to the right road at the right time. City staff from multiple departments evaluated the condition and age of the streets and underground infrastructure in pavement management Area 2 to determine what underground infrastructure and what streets need to be replaced under the current budget constraints. Once the scope is established for each segment, the city evaluates street widths and works to right-size our streets when the opportunity presents itself. The opportunity presents itself under the following scenarios: • On-street segments with both watermain replacement and street rehabilitation, the work requires the removal of street pavement, curb and driveway aprons. Because the curb is being removed, this provides an opportunity to put it back in a different place while keeping it within the project budget. • Where the existing curb is in poor condition and the majority of it needs to be replaced, we have an opportunity to put it back in a different place while keeping it within the project budget. • When building a new sidewalk, we will reduce the width of the street to save healthy mature trees. This provides us an opportunity to preserve our urban canopy. 2) For streets that are currently 30 feet wide and being narrowed to 28 feet wide in accordance with our Living Street policy, is that intended to calm traffic? City council meeting of February 5, 2024 (Item No. 7a) Page 3 Title: Resolutions establishing the 2024 Pavement Management project (4024 -1000) – Ward 2 Response: According to research by the National Association of City Transportation Officials (NACTO), narrower lane widths/ streets can effectively manage speeds without decreasing safety and wider lanes do not correlate to safer streets. Slowing traffic reduces the severity of accidents, reduces noise and generally improves the livability of residential streets. Moreover, wider travel lanes also increase exposure and crossing distance for pedestrians at intersections and midblock crossings. 3) With the proposal of street widths changing from 30 to 28 feet, the following concerns were brought up if two vehicles are parked on both sides of the street : • Emergency vehicles will not be able to travel down the street. • Due to the curve on the 3600 block of Huntington Avenue, traveling the street will be difficult and make it difficult to back out of driveway. • Parking demand on Inglewood Avenue next to Minikahda Vista Park will make it difficult to travel down the street. Response: The city's parking standards allow on-street parking on both sides of the street for streets that are 28 feet wide or more. When two vehicles are parked on the street across from each other and two vehicles approach driving in opposite directions, one vehicle must slow down and wait while the other vehicles pass the parked vehicle. The slowing down of vehicles is traffic calming. The police and fire departments have reviewed our street width standards and they do not have a concern about a 28-foot-wide road with parking on both sides where there is a low parking demand. In single-family residential areas not directly adjacent to a commercial node or high-density housing, most of the available on-street parking is not used daily. This is also the case adjacent to many of our neighborhood parks. 4) Of the trees that are proposed to be removed, how many are healthy and how many are not healthy? Response: A tree inventory has been completed on street segments with sidewalk construction. This inventory reviewed the size, species, health and condition of all the trees. There are 37 trees (459 caliper inches) proposed to be removed for sidewalk construction. Of those tree removals, the inspection revealed that nine (9) trees (111 caliper inches) have health condition issues. 5) What efforts have city staff made to preserve healthy mature trees from damage or removal due to the proposed sidewalk? Response: When designing sidewalks, staff will work to preserve existing boulevard trees to the maximum extent possible. This includes realigning the location of the sidewalk by reducing or increasing the boulevard width and reducing the width of the street to avoid trees and minimize root impacts. The city will also use tree pruning, underground root exploration or root treatment to minimize impacts and protect the trees. The majority of the proposed tree removal is on 36th Street (between Lynn Avenue and the dead end). This accounts for ten (10) trees (220 caliper inches) of the 37 trees (459 caliper inches) being removed. This street has large-diameter trees located in the limited right of way space. Unfortunately, due to the location and size of the trees in the right of way, none of our mitigation measures could create enough space to preserve these trees. City council meeting of February 5, 2024 (Item No. 7a) Page 4 Title: Resolutions establishing the 2024 Pavement Management project (4024 -1000) – Ward 2 6) For the trees that are removed due to this project, will the tree caliper inches be made up somewhere else in the city? Response: Consistent with the city code, replacement of any tree that is removed shall be required on a caliper inch for caliper inch basis. Replacement trees will be planted on public boulevards adjacent to the street segments in this project , where there is room for the tree to thrive. Usually, trees are planted in areas where the boulevard width is four feet or more. Spacing is approximately 30-foot intervals; however, no tree shall be planted within 15 feet of a utility pole, seven feet of a shutoff valve or underground utility, two feet of a concrete curb, or within 25 feet of an intersection. The remaining trees are to be planted in public parks or open spaces. Typically, trees are planted in the spring after the project is complete. 7) If a resident is interested in saving a tree planned for removal, what options are there? Response: Depending on the tree location, there may be an option to build the sidewalk partially or fully on private property. This could move the sidewalk away from the tree and minimize impacts to the tree roots. This would require cooperation from the property owner by signing a sidewalk easement that allows a public sidewalk to be installed on private property. If a property owner is interested or looking for more information on a potential sidewalk easement, they can contact city staff. 8) Slips and falls seem to be an issue that is brought up consistently with any sidewalk project, along with concerns of liability of the homeowner. Does the staff have any inp ut or comments on this? Response: The city is liable for any claims relating to the maintenance and repair of all public sidewalks. So, while the city, by ordinance, can require an adjoining property owner to shovel the sidewalk, the city cannot shift the legal liability to an adjoining property owner by ordinance. Case law supports the conclusion that the adjoining property owner is only potentially liable if he or she affirmatively does something that creates a hazard on the sidewalk. Simply failing to shovel the sidewalk or remove ice that naturally occurs does not create potential liability. As to the city, there is a statute relating to snow and ice on streets and sidewalks (except sidewalks adjoining a city-owned property) that makes the city immune from any liability for slip and fall type claims, so long as the city, just like the adjoining property owner, has not done anything to affirmatively create the hazardous situation. So, in the normal accumulation of snow and ice situation, the city is immune. Also, generally, a person out walking in snow and ice situations in Minnesota has, in most circumstances, assumed the risk that you could fall. In the repair situation, the city has discretionary immunity in that it has the right to determine what level of resources it wants to invest in sidewalk maintenance versus other city functions. The city and staff would typically also have official immunity in implementing a sidewalk repair protocol. Potential liability may arise if the city has actual notice of a hazardous situation, especially one that is not readily apparent to a sidewalk user and does not take any reasonable steps to warn or correct the situation. 9) Concerns were shared related to bus traffic due to the proximity to Susan Lindgren Elementary School. Did you receive feedback from buses and the school district? Since the City council meeting of February 5, 2024 (Item No. 7a) Page 5 Title: Resolutions establishing the 2024 Pavement Management project (4024 -1000) – Ward 2 concern is turning radius, would the city be restricting parking in the proximity of the intersection to allow buses to turn without trouble? Response: There are no proposed street width changes or curb modification changes to 41st Street near Susan Lindgren Elementary School. However, there are recommended curb modifications at four locations in the Minikahda Vista neighborhood. Staff heard concerns about room for turning vehicles at the proposed curb extensions on Wooddale Avenue/41st Street and Wooddale Avenue/Browndale Avenue. The design of the cu rb extension was modified to decrease the width from 6 feet to 4 feet, which allows for additional room for turning vehicles while still reducing pedestrian crossing distance. Another concern that was heard was vehicles parking too close to the intersection of Wooddale Avenue and Browndale Avenue. Staff is recommending posting no parking near the intersection based on state statu tes (30 feet from stop signs and 20 feet from crosswalks). This will help with the visibility at the intersection and the turning movements of vehicles and buses. The city informed Park Adam Transportation about the project and they reviewed the proposed curb modification with bus routing staff. They did not foresee any concerns as long as parking is addressed in the proximity of the intersection to ensure proper room for turning movement of buses or large vehicles. The posting of no parking based on state statutes should be adequate, but the city will monitor it after construction and additional parking restrictions could be discussed if more is needed. Financial or budget considerations: The total cost estimate for the project is $8,260,295.27. Additional information on the breakdown of the funding can be found in the Jan. 16 public hearing report. Operations and maintenance costs: This project creates new city infrastructure, including community sidewalks. With new infrastructure, there will be operation and maintenance costs. Staff is recommending the addition of 0.12 miles of community sidewalk. Annual operational efforts include snow removal on community sidewalks. Since staff are already clearing sidewalks/ trails in these areas, it is expected the cost to add these to our system would be minimal. Staff would add them to existing routes. There will be long-term costs associated with the repair of sidewalks in the future. However, funding for concrete sidewalk repairs is included in the capital improvement plan and is adjusted annually based on inflation and need. Next steps: The proposed schedule for the project to facilitate construction completion in 202 4 is as follows: Council project approval Feb. 5, 2024 Council awards construction bids March 2024 Construction May to November 2024 City council meeting of February 5, 2024 (Item No. 7a) Page 6 Title: Resolutions establishing the 2024 Pavement Management project (4024 -1000) – Ward 2 Resolution No. 24-___ Accepting the project report, establishing Improvement Project No. 4024-1000, approving plans and specifications and authorizing advertisement for bids for improvement Project No. 4024-1000 Whereas, the city council of the City of St. Louis Park has received a report from the Project Engineer related to the 2024 Pavement Management Program. Now therefore be it resolved by the city council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding Project No. 4024-1000 is hereby accepted. 2. Such improvements as proposed are necessary, cost-effective and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 402 4-1000, is hereby established and ordered. 4. The following new sidewalk segments are hereby established and ordered for construction Segment number Description Sidewalk Classification 1 Vernon Avenue – east side (Dead end to 72 feet north of dead end) Neighborhood 2 Vernon Avenue – east side (176 south of Utica Ave to Wooddale Ave) Neighborhood 3 Salem Avenue – west side (Morningside Rd to 253 feet north) Neighborhood 4 Salem Avenue – west side (42nd St to 134 feet south) Neighborhood 5 Browndale Avenue – west side (Morningside Rd to 42nd St) Neighborhood 6 Browndale Avenue – west side (42nd St to Wooddale Ave) Neighborhood 7 Princeton Avenue – west side (40th St to Vallacher Ave) Neighborhood 8 Natchez Avenue – east side (40th St to 115 feet north of 40th St Neighborhood 10 Vallacher Avenue – south side (Princeton Ave to Natchez Ave) Neighborhood 11 Vallacher Avenue – north side (Natchez Ave to Lynn Ave) Neighborhood 12 Vallacher Avenue – south side (Natchez Ave to Lynn Ave) Neighborhood 13 Inglewood Avenue – east side (city limits to 39th St) Community 14 Kipling Avenue – west side (Excelsior Blvd to 36 1/2 St) Neighborhood 16 36th Street – north side (dead end to Huntington Ave) Neighborhood City council meeting of February 5, 2024 (Item No. 7a) Page 7 Title: Resolutions establishing the 2024 Pavement Management project (4024 -1000) – Ward 2 5. The following sidewalk segments are not recommended for construction with this project: Segment number Description Sidewalk Classification 9 Vallacher Avenue – north side (Princeton Ave to Natchez Ave) Neighborhood 15 Lynn Avenue – east side (36 1/2 St to 36th St) Neighborhood 6. The following traffic management improvements are hereby established and ordered for construction: Location Improvement Wooddale Avenue and 41st Street Curb Extension Wooddale Avenue and Browndale Avenue Curb Extension Natchez Avenue and 39th Street Intersection redesign Natchez Avenue and 40th Street/40th Lane Intersection redesign 7. The following street widths are hereby established and ordered for construction The following are the recommended street width changes: Street segment Existing (ft) Proposed (ft) Natchez Avenue (40th Street to 39th Street) 30 28 39th Street (Natchez Avenue to Lynn Avenue) 30 28 Lynn Avenue (40th Street to 39th Street) 30 28 Inglewood Avenue (City Limits to Excelsior Boulevard) 30 28 39th Street (Glenhurst Avenue to France Avenue) 30 28 Huntington Avenue (37th Street to Excelsior Boulevard) 30 28 The following streets are recommended to stay at their current width: Street segment Existing (ft) Proposed (ft) Vernon Avenue (Dead end to Utica Avenue) 18.5 to 28 18.5 to 28 41st Street (Toledo Avenue to Salem Avenue 24 24 41st Street (Salem Avenue to Wooddale Avenue) 28 to 30 28 to 30 Salem Avenue (Morningside Road to 41st Street) 30 30 Browndale Avenue (Morningside Road to Wooddale Avenue) 30 30 Ottawa Avenue (Morningside Road to 42 1/2 Street) 26 26 Salem Avenue (41st Street to dead end) 27 27 Raleigh Avenue (41st Street to dead end) 27 27 41st Street (Quentin Avenue to Natchez Avenue) 28, 36 28, 36 Princeton Avenue (40th Street to Excelsior Boulevard) 30 30 Vallacher Avenue (Quentin Avenue to Lynn Avenue) 30 30 Natchez Avenue (39th Street to Vallacher Avenue) 28 28 Natchez Avenue (Vallacher Avenue to Excelsior Boulevard) 30 30 City council meeting of February 5, 2024 (Item No. 7a) Page 8 Title: Resolutions establishing the 2024 Pavement Management project (4024 -1000) – Ward 2 Lynn Avenue (39th Street to Vallacher Avenue) 30 30 Lynn Avenue (Vallacher Avenue to dead end) 28.5 28.5 39th Street (Lynn Avenue to Inglewood Avenue) 26 26 39th Street (Inglewood Avenue to Glenhurst Avenue) 30 30 Kipling Avenue (Excelsior Boulevard to 36 1/2 Street) 35.5 35.5 Kipling Avenue (36 1/2 Street to 36th Street) 36 36 Lynn Avenue (36 1/2 Street to 36th Street) 35.5 35.5 Huntington Avenue (Excelsior Boulevard to 36th Street) 30 30 36th Street (dead end to Huntington Avenue) 36 36 8. The plans and specifications for the making of these improvements, as prepared under the direction of the Engineering Director, or designee, are approved. The Engineering Director is allowed to make adjustments to these plans and specifications, such as narrowing the width of boulevards or sidewalks, in cases where special circumstances exist in the field, such as the location of trees, provided that these adjustments will make a material difference in addressing any special circumstances that may exist. 9. The City Clerk shall prepare and cause to be inserted at least two weeks in the official City newspaper and in relevant industry publications an advertisement for bids for the making of said improvements under said-approved plans and specifications. The advertisement shall appear not less than 10 days prior to the date and time bids will be received electronically by the Project Manager and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. The electronic bids will only be available to view after the bids are closed and the City receives the passcode from the bidding host site. 10. The Project Manager, or designee, shall report the receipt of bids to the City Council shortly after the opening date. The report shall include a tabulation of the bid results and a recommendation to the City Council. Reviewed for administration: Adopted by the city council February 5, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk City council meeting of February 5, 2024 (Item No. 7a) Page 9 Title: Resolutions establishing the 2024 Pavement Management project (4024 -1000) – Ward 2 Resolution No. 24-___ Authorize the removal of residential permit parking restrictions on Natchez Avenue, Princeton Avenue and Vallacher Avenue Whereas, the City of St. Louis Park established permit parking restrictions on select streets in the Minikahda Vista neighborhood in 1989; 1990, 1992 and 2020; and, Whereas, Resolution 20-008 supersedes all previous resolutions and includes permit parking restrictions on the following street segments: • The north side of Vallacher Avenue from the east right of way line of Quentin Avenue to 140 feet east of the east right of way line of Natchez Avenue. • The south side of Vallacher Avenue from the east right of way line of Quentin Avenue to the west right of way line of Ottawa Avenue. • The south side of Vallacher Avenue from the east right of way line of Natchez Avenue to 140 feet east of the east right of way line of Natchez Avenue. • Both sides of Princeton Avenue from 135 feet north of the north right of way line of Vallacher Avenue to the north right of way line of 40th Street. • Both sides of Natchez Avenue from 110 feet north of the north right of way line of Vallacher Avenue to 130 feet south of the south right of way line of Vallacher Avenue; and, Whereas, the City of St. Louis Park staff initiated the public engagement, preliminary and final design for the 2024 Pavement Management Project in the Minikahda Vista neighborhood; and, Whereas, the City of St. Louis Park staff engaged the properties with adjacent permit parking restrictions to recommend removing the parking restrictions; and, Whereas, the adjacent land uses along Excelsior Boulevard have changed and no longer utilize on street parking in the neighborhood; and, Whereas, on-street parking is a shared resource for the community and works best when it can be more dynamic than static signage allows; and, Whereas, review of the parking utilization indicates the number of cars utilizing the on- street permit parking is significantly less than the available parking spaces; and, Whereas, the City of St. Louis Park staff recommended rescinding Resolution No.20 -008; Now therefore, be it resolved by the city council of the City of St. Louis Park, Minnesota, that Resolution No. 20-008 be rescinded. Reviewed for administration:    Adopted by the city council February 5, 2024             Kim Keller, city manager    Nadia Mohamed, mayor         Attest:             Melissa Kennedy, city clerk      39TH ST W39TH ST W Wolfe ParkWolfe Park BrowndaleBrowndale ParkPark MinikahdaMinikahda VistaVista ParkPark Bass LakeBass Lake PreservePreserve RecreationRecreation OutdoorOutdoor Center (ROC)Center (ROC)LYNN AVE SLYNN AVE SMMOORRNNII NNGGSSII DDEE RRDD 336611//22 SSTT WW HHIIGGHHWWAAYY110000SS33 66 TTHH SSTT WW MMOO NN TT EE RR EE YY DD RR EXCELSIOR BLVDEXCELSIOR BLVDNATCHEZ AVE SNATCHEZ AVE SQUENTIN AVE SQUENTIN AVE SPPAARRKKCCEENNTTEERRBBLLVVDDKIPLING AVE SKIPLING AVE SWO O D D A L E A V EWO O D D A L E A V E BBEELLTTLLIINNEEBBLLVVDDPPAARRKKNNIICCOOLLLLEETTBB LLVVDD WW OO LLFFEEPPKKWW YY41ST ST W 41ST ST W UTICA AVE SUTICA AVE SJOPPA AVE SJOPPA AVE S42 1/2 ST W42 1/2 ST W PPAA RR KK CC OO MM MM OO NN SS DD RR GLENHURST AVE SGLENHURST AVE S42ND ST W42ND ST W BROWNDALE AVE SBROWNDALE AVE SOTTAWA AVE SOTTAWA AVE SPPRRII NNCCEETTOONNAAVVEESSVALLACH E R A V E VALLACH E R A V E 40TH ST W 40TH ST W 37TH ST W37TH ST W 39TH ST W39TH ST W 38TH ST W38TH ST W AUTO CLUB WAYAUTO CLUB WAY INGLEWOOD AVE SINGLEWOOD AVE SVVEERRNNOONNAAVVEESSFRANCE AVE SFRANCE AVE SHUNTINGTON AVE SHUNTINGTON AVE STOLEDO AVE STOLEDO AVE SSALEM AVE SSALEM AVE S40TH LN W 40TH LN W 0 500 1,000250 Feet´ Attachment #1 - 2024 Pavement Management Project Staff Recommendations Legend Street rehabilitation Street rehabilitation and water replacement Sidewalk- Staff recommended Sidewalk- Not recommended Existing sidewalk Existing trail Updated 12/18/2023 Street width changes- Staff recommendedXX' to XX'30' to 28'30' to 28'30' to 28'30' to 28'30' to 28'30' to 28'30' to 28'30' to 28'30' to 28' Curb Extensions- Staff recommended Curb Modifications- Staff recommended #1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16 ##Sidewalk ID # City council meeting of February 5, 2024 (Item No. 7a) Title: Resolutions establishing the 2024 Pavement Management project (4024-1000) - Ward 2 Page 10 Attachment #2 Additional resident feedback City council meeting of February 5, 2024 (Item No. 7a) Title: Resolutions establishing the 2024 Pavement Management project (4024-1000) - Ward 2 Page 11 1 Aaron Wiesen From: Sent:Friday, January 5, 2024 6:04 PM To:Aaron Wiesen Subject:Pavement Management Project Follow Up Flag:Follow up Flag Status:Completed CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the  sender and know the content is safe.  Dear Mr. Wiesen,  I am sending this e‐mail in reference to the 2024 Pavement Management Project.  I live at 3655 Huntington  Ave So, one of the streets identified as having to be repaved and narrowed from 30 to 28 feet.  I have a real  problem with this as it stands today. Why only one block?  I was told by another city official it was deemed too  ruff based on some outside vendor driving a vehicle with some kind of sensor data saying it needed to be  replaced.  Fine then just remove the existing pavement and replace it. The spot that was bad was around two  manhole covers in the middle of the street.  This past summer they actually added asphalt around them to  smooth out the surface.  Done.  No need for narrowing and replacing all the curb/gutter and driveway aprons.  Seems to me to be a big waste of money.  If the idea is to make it safer by slowing traffic down, repave then  narrow all the way down to 39th.  Doing just one block seems ludicrous to me.  I do not see any advantages to me and my block.  Plus parking will be a nightmare.  With so many single car  garages and multiple cars at most homes, the street is where they have to park.  Also if the street is narrowed  there should be no parking on either side of the street at Excelsior Blvd. as there is a sharp curve and no room  for cars to meet even with one car parked on the street now. Same is true then turning off of 37th onto  Huntington going north.  Cars seem to always be parked too close to the corner now.  To me the big elephant in the room is the cut through traffic on 38th Street. Speeding, blowing stop signs every  single day.  I see it every day as I walk my dog there.  Most days I don't even try and cross 38th for fear of being  hit.  Also it seems more people are using 37th as a new cut through street.   I was almost hit at the corner of  37th and Huntington twice this past summer by people trying to run that stop sign.  So doing all this expensive work on just one block, my block, does not make any sense to me  what so ever.  I  am asking the city to reconsider this plan and do nothing or do right all the way to 39th.   By the way I did attend the first information meeting at City Hall so I heard all the reasons why this should be  done, but they don't add up to me and the expense for just one block.  I will be attending the meeting on Jan. 16th as well.  Thank you.  3655 Huntington Ave. So  City council meeting of February 5, 2024 (Item No. 7a) Title: Resolutions establishing the 2024 Pavement Management project (4024-1000) - Ward 2 Page 12 1 Aaron Wiesen Sent:Wednesday, January 24, 2024 9:52 AM To:Aaron Wiesen Cc:Debra Heiser Subject:Feedback from website - PMP 2024 Follow Up Flag:Follow up Flag Status:Flagged I got the following feedback submiƩed through the website. Wanted to make sure you got this feedback. Feel free to respond to this resident if you feel necessary! You have received this feedback from for the following page: https://www.stlouisparkmn.gov/government/departments-divisions/engineering/construction- projects/pavement-management-2024 I live at 3712 Inglewood Avenue. I have been unable to attend the various information sessions and the most recent City Council Meeting. I had hoped to communicate about the pavement plan prior to this. I am generally supportive of the plan, particularly with respect to sidewalks on all blocks. I strongly disagree however with the plan to narrow the streets. We regularly have cars parked on our street which in and of itself provides suƯicient street calming. Narrowing the streets would create a more dangerous situation. We have lots of children and bike riders and a more narrow street will be dangerous to people and to cars parked on the street. I also think that trees should be saved whenever possible. I have a large tree in front of my home that has been identified on the plan with a yellow circle as potentially an issue. I have spent hundreds of dollars in treatments to protect the tree from Dutch Elm. While it needs to be trimmed, so far we have been able to save the tree and the large old trees in the area contribute significantly to the character of the neighborhood. I do appreciate the eƯorts of the City to improve the infrastructure particularly as to walkability, sewers and the overall condition of the street pavement. Thank you. City council meeting of February 5, 2024 (Item No. 7a) Title: Resolutions establishing the 2024 Pavement Management project (4024-1000) - Ward 2 Page 13