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HomeMy WebLinkAbout2024/08/19 - ADMIN - Agenda Packets - City Council - RegularAGENDA AUGUST 19, 2024 6:00 p.m. Economic Development Authority meeting – Council Chambers 1. Call to order a.Roll call. 2. Approve agenda. 3. Minutes a.Minutes of August 8, 2024 EDA meeting 4. Consent items a.EDA resolution to approve 9th amendment to contract for private development - Zelia on Seven - Ward 2 5. Public hearings – none. 6. Regular business – none. 7. Communications and announcements – none. 8. Adjournment. 6:15 p.m. City council meeting – Council Chambers 1.Call to order a.Roll call. b.Pledge of Allegiance. 2.Approve agenda. 3.Presentations a.Westwood Hills Nature Center junior naturalist recognition b.St. Louis Park Parktacular Ambassador program recognition c.Retirement recognition for Officer Luke Ellanson d.Proclamation observing August 25, 2024 as the Centennial Celebration of the Star of Bethlehem Home, residence of Monterey Cohousing Community - Ward 1 e.Recognition of donations 4.Minutes a.Minutes of August 8, 2024 city council meeting 5.Consent items a.Resolution recognizing retirement of Officer Luke Ellanson b.Resolution authorizing acceptance of bench donations c.Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B d.Resolution authorizing city depositories e.Approve annual financial report for the year ended December 31, 2023 f.Second reading and adoption of ordinance relating to 2025 fees g.Second reading and adoption of ordinance amending Chapter 22 of the city code regarding bulk material storage Agenda EDA, city council and special study session meetings of August 19, 2024 h.Resolutions approving grant agreements with MnDOT for Cedar Lake Road/ Louisiana Avenue Improvements projects - Ward 4 i.Resolution removing parking restrictions at 3601 Lynn Avenue (Traffic Study No. 792) -Ward 2 j.Resolution authorizing final payment for 2023 Pavement Management project (4023- 1000) - Wards 3 and 4 k.Approve replacement of asphalt paver and tandem dump truck l.Resolution authorizing special assessment for sewer service line repair at 3350 Brunswick Avenue South - Ward 3 m.Resolution authorizing special assessment for sewer line repair at 3309 Zarthan Avenue South - Ward 1 n.Resolution accepting a donation from Discover St. Louis Park for Jason West to attend the US Sports Congress 6.Public hearing a.Approve on-sale intoxicating liquor license with Sunday sales for Marcus West End, LLC - Ward 4 7.Regular business a.First reading of ordinance rescinding Ordinance No. 2576-19 Efficient Building Benchmarking b.First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation 8.Communications and announcements – none. 9.Adjournment. Following city council meeting – Special study session – Community room Discussion item 1. Development proposal for 5401 Gamble Drive - Ward 4 Members of the public can attend St. Louis Park Economic Development Authority and city council meetings in person. At regular city council meetings, members of the public may comment on any item on the agenda by attending the meeting in-person or by submitting written comments to info@stlouisparkmn.gov by noon the day of the meeting. Official minutes of meetings are available on the city website once approved. Watch St. Louis Park Economic Development Authority or regular city council meetings live 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 channel at www.youtube.com/@slpcable, usually within 24 hours of the meeting’s end. City council study sessions are not broadcast. Generally, it is not council practice to receive public comment during study sessions. The council chambers are 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: August 19, 2024 Minutes: 3a Unofficial minutes EDA meeting St. Louis Park, Minnesota Aug. 5, 2024 1.Call to order. President Dumalag called the meeting to order at 6:00 p.m. a.Roll call Commissioners present: President Dumalag, Nadia Mohamed, Paul Baudhuin, Tim Brausen, Sue Budd, Margaret Rog Commissioners absent: Yolanda Farris Staff present: City manager (Ms. Keller), city attorney (Mr. Brooksbank), redevelopment administrator (Ms. Monson), community development director (Ms. Barton) 2. Approve agenda. It was moved by Commissioner Brausen, seconded by Commissioner Rog, to approve the EDA agenda as presented. The motion passed 6-0 (Commissioner Farris absent). 3.Minutes. a.EDA meeting minutes of July 8, 2024 It was moved by Commissioner Rog, seconded by Commissioner Baudhuin, to approve the EDA meeting minutes of July 8, 2024, as presented. The motion passed 6-0 (Commissioner Farris absent). 4. Consent items. a.Approve EDA disbursement and financial report b.EDA Resolution No. 24-12 in support of county Environmental Response Funds Brownfield gap financing program on behalf of Greater Metropolitan Housing Corporation – Ward 1 It was moved by Commissioner Mohamed, seconded by Commissioner Brausen, to approve the consent items as listed and to waive reading of all resolutions. The motion passed 6-0 (Commissioner Farris absent). Economic development authority meeting of August 19, 2024 (Item No. 3a) Page 2 Title: EDA meeting minutes of August 5, 2024 5. Public hearings – none. 6. Regular business. a. Resolution No. 24-13 in support of a Hennepin County Environmental Response Funds Brownfield gap financing grant for Trellis Co. – Ward 3 Ms. Monson presented the staff report. Commissioner Rog asked if the sources of contamination were unknown to residents and property owners. Ms. Monson stated the grant application describes how a dry cleaner who was formerly located in the area may have contributed to vapor contamination. Ms. Monson said it is unlikely that this condition was previously known. It was moved by Commissioner Baudhuin, seconded by Commissioner Budd, to adopt Resolution No. 24-13 in support of a Hennepin County Environmental Response Funds Brownfield gap financing grant for Trellis Co. – Ward 3. The motion passed 6-0 (Commissioner Farris absent). 7. Communications and announcements - none. 8. Adjournment. The meeting adjourned at 6:11 p.m. ______________________________________ ______________________________________ Melissa Kennedy, EDA secretary Lynette Dumalag, EDA president Meeting: Economic development authority Meeting date: August 19, 2024 Consent agenda item: 4a Executive summary Title: EDA resolution to approve ninth amendment to purchase and redevelopment contract - Zelia on Seven – Ward 2 Recommended action: Motion to adopt EDA resolution approving the ninth amendment to the purchase and redevelopment contract with Bigos-Zelia on Seven, LLC, related to Zelia on Seven. Policy consideration: Does the EDA support extending the required completion dates for the building’s amenity spaces and surface parking lot for Zelia on Seven to Feb. 1, 2025? Summary: On Dec. 18, 2023, the EDA amended the purchase and redevelopment agreement (the “contract”) related to the Via Sol apartment building with Bigos-Via Sol, LLC (“redeveloper”) to update definitions of the minimum improvements and amend the affordability levels of the development. The contract also required the redeveloper to amend the PUD and complete the additional improvements by Sept. 1, 2024. Bigos-Via Sol, LLC purchased the property on Dec. 28, 2023, and soon after renamed the building Zelia on Seven. During the last eight months, the redeveloper has amended affordability levels, increased occupancy of the building, received a PUD amendment, and executed documents including a public art easement. It took several months to receive permits from the watershed district related to the additional improvements, as the stormwater system installed by the previous owner needed to be verified and tested. As of Aug. 14, 2024, city and watershed permits were issued and construction has commenced on the surface parking lot and interior amenity space. Building permit applications have been submitted for the exterior amenity space and are currently being reviewed by city staff. The redeveloper is also pursuing installation of a rooftop solar array. All construction on the minimum improvements required under the PUD is anticipated to be complete by December 2024 with the solar installation to be completed in early 2025. The redeveloper requests an extension related to the completion date of the minimum improvements to Feb. 1, 2025. Staff supports this extension considering the progress made to date on all project components. Financial or budget considerations: All costs associated with the preparation of the proposed ninth amendment are to be paid by Bigos-Zelia on Seven, LLC and Bigos-Via Sol, LLC. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Prepared by: Jennifer Monson, redevelopment administrator Reviewed by: Greg Hunt, economic development manager Sean Walther, planning manager, community development deputy director Approved by: Cindy Walsh, deputy city manager Economic development authority meeting of August 19, 2024 (Item No. 4a) Page 2 Title: EDA resolution to approve ninth amendment to purchase and redevelopment contract - Zelia on Seven – Ward 2 EDA Resolution No. 24- Approving a ninth amendment to a certain purchase and redevelopment contract and related documents Whereas, the St. Louis Park Economic Development Authority (the “authority") and the City of St. Louis Park (the “city”) have heretofore approved the establishment of the Wooddale Station Tax Increment Financing District (the “TIF district") within Redevelopment Project No. 1 (the “project"), and have adopted a tax increment financing plan for the purpose of financing certain improvements within the project; and Whereas, to facilitate the redevelopment of certain property within the project and TIF district, the authority and PLACE E-Generation One LLC, a Delaware limited liability company (the “original redeveloper"), previously negotiated a purchase and redevelopment contract (as subsequently amended 7 times, the “original agreement"), which provides for the conveyance of certain property (the “property") to the original redeveloper, the construction by the original redeveloper of a mixed- use, mixed-income, transit-oriented development, including rental housing, and associated parking on the property (the “minimum improvements"), and the issuance of a tax increment revenue note (the "note") to the original redeveloper; and Whereas, the original redeveloper’s obligations under the original agreement were assigned to Bigos-Zelia on Seven, LLC, a Minnesota limited liability company formerly known as Bigos-Via Sol (the “redeveloper"), as the purchaser of the minimum improvements, and pursuant to an assignment and assumption of purchase and redevelopment contract and the redeveloper assumed all rights, title, interest, duties and obligations in, to, and under the original agreement, the note and that certain declaration or restrictive covenants associated therewith; and Whereas, the redeveloper and the authority entered into an eighth amendment to purchase and redevelopment agreement on Dec. 28, 2023 (together with the original agreement, the “agreement”), reflecting the new ownership of the minimum improvements and revising certain details of the development and updating the timeline for completion of the minimum improvements; and Whereas, the redeveloper has faced certain delays in completing the certain components minimum improvements. The authority and the redeveloper have negotiated a ninth amendment to the agreement (the "ninth amendment" and together the original agreement, the "amended agreement"), revising, among other things, the required date of the completion of the minimum improvements and other dates in the agreement; and Whereas, the board has reviewed the ninth amendment and finds that the execution thereof and performance of the authority's obligations thereunder are in the best interest of the city and its residents. Further, the board has reviewed the assignment and finds that their consent thereto is in the best interest of the city and its residents. Economic development authority meeting of August 19, 2024 (Item No. 4a) Page 3 Title: EDA resolution to approve ninth amendment to purchase and redevelopment contract - Zelia on Seven – Ward 2 Now therefore be it resolved by the board of commissioners of the St. Louis Park Economic Development Authority as follows: (a) The board approves the ninth amendment, together with any related documents necessary in connection therewith, including all other documents, exhibits, certifications, or consents referenced in or attached to the ninth amendment including but not limited to the updated TIF note (the "documents"). (b) The board hereby authorizes the president and executive director, in their discretion and at such time, if any, as they may deem appropriate, to execute the documents on behalf of the authority, and to carry out, on behalf of the authority, the authority's obligations thereunder when all conditions precedent thereto have been satisfied. The documents shall be in substantially the form on file with the authority and the approval hereby given to the documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the authority and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the authority. The execution of any instrument by the appropriate officers of the authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the documents shall not be effective until the date of execution thereof as provided herein. (c) In the event of absence or disability of the officers, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the board by any duly designated acting official, or by such other officer or officers of the board as, in the opinion of the city attorney, may act in their behalf. Upon execution and delivery of the documents, the officers and employees of the board are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the board to implement the documents. (d) This resolution shall be effective upon approval. Reviewed for administration: Adopted by the Economic Development Authority August 19, 2024: Karen Barton, executive director Lynette Dumalag , president Attest: Melissa Kennedy, secretary Meeting: City council Meeting date: August 19, 2024 Presentation: 3a Executive summary Title: Westwood Hills Nature Center junior naturalist recognition Recommended action: The mayor is asked to recognize the junior naturalists for their service this summer. Summer junior naturalist coordinator Aaron Casey-Fix and naturalist Becky McConnell will be in attendance to assist with the presentation. Policy consideration: Not applicable. Summary: There were 40 youth volunteers that served in the junior naturalist program this summer. Collectively, they volunteered over 1,400 hours. The junior naturalist program has been part of Westwood Hills Nature Center for 33 years. The goal of the program is to foster responsibility, community service, initiative, teamwork and leadership skills in 7th – 12th grade youth. By volunteering in a cooperative, goal -oriented and engaging work environment, the junior naturalists gain important job skills, knowledge and experience. The junior naturalist program is one of two teen volunteer programs in the Parks and Recreation Department. The junior naturalists assist the naturalists with camps providing valuable support with nature hikes, games, activities, crafts, set-up and clean-up. This year, they helped serve 470 summer camp participants. Because of the junior naturalists’ dedication and willingness to serve, summer camp participants’ experience is safer and more engaging. Additionally, junior naturalists maintain the beautiful upper water garden and waterfall area and take care of the nature center’s education animals. The junior naturalists are rewarded with this special recognition, a letter of recommendation and a celebration in appreciation of their service. Financial or budget considerations: Not applicable. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None Prepared by: Stacy Voelker, senior office assistant Becky McConnell, interpretive naturalist Reviewed by: Mark Oestreich, nature center manager Jason T. West, parks and recreation director Approved by: Cindy Walsh, deputy city manager Meeting: City council Meeting date: August 19, 2024 Presentation: 3b Executive summary Title: St. Louis Park Parktacular Ambassador program recognition Recommended action: Mayor and council members to recognize the 2023-2024 St. Louis Park Parktacular Ambassadors for their contributions to the community. Policy consideration: None at this time. Summary: The St. Louis Park Parktacular Ambassadors represent and promote the St. Louis Park community and the Parktacular festival through participation in community festivals throughout MN and WI. In addition, as goodwill ambassadors for the St. Louis Park community , they volunteer with numerous service projects and community outreach efforts . Ambassadors are residents or students within the city and include elementary, middle school, young adults, and senior members of our community. As an inclusive program, St. Louis Park is one of three communities who have representation from children, young adults, and seniors and the program directors are especially proud of the racial and ethnic diversity amongst program members. Ambassadors are public servants and demonstrate that St. Louis Park is a place where all ages, religions, and ethnicities can live, learn, and participate in a strong community. St. Louis Park Parktacular Senior Ambassador s: • Mare Saffe • Joanne Hed St. Louis Park Parktacular Ambassadors: • Abigail Oppegaard • Catherine "Catie" Miller • Estella Hughes • Sidney Bradley St. Louis Park Parktacular Junior Ambassadors: • Lily Berggren • Ebba Berggren • Fiona Penna Financial or budget considerations: None. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None. Prepared by: Amanda Scott-Lerdal, deputy city clerk Reviewed by: Melissa Kennedy, city clerk Approved by: Cindy Walsh, deputy city manager Meeting: City council Meeting date: August 19, 2024 Presentation: 3c Executive summary Title: Retirement recognition for Officer Luke Ellanson Recommended action: Read resolution and present plaque to Luke 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. Luke will be in attendance for the presentation at the beginning of the meeting. The mayor is asked to read the resolution for Luke in recognition of his years of service to the city. Financial or budget considerations: None applicable. Strategic priority consideration: Not applicable. Supporting documents: Resolution attached to Consent item 5a Prepared by: Barb Lamfers, HR technician Greg Weigel, patrol lieutenant Reviewed by: Rita Vorpahl, HR director Approved by: Cindy Walsh, deputy city manager Meeting: City council Meeting date: August 19, 2024 Presentation: 3d Executive summary Title: Proclamation observing August 25, 2024 as the Centennial Celebration of the Star of Bethlehem Home Recommended action: Mayor to read proclamation observing the centenary celebration of the historic Monterey Cohousing Community residence. Policy consideration: None. Summary: This year marks the 100th anniversary of the historical Star of Bethlehem home, Monterey Cohousing Community’s location. Built in 1924 and originally known as the “Star of Bethlehem Home,” this four-story brick mansion has a rich history. It was designed by Frederick Mann, founder of the U niversity of Minnesota’s School of Architecture, in the American Colonial style. It would have been easily visible to any drivers heading east or west as well as to any streetcar riders traveling the route. The Manhattan Park streetcar stop was at the intersection with Monterey Ave., with a small brick waiting pavilion on the north side of the street. The building was commissioned by the Christian Science community as a temporary place of abode for Christian Scientists seeking rest and comfort according to their beliefs. From 1964 to 1991 it was operated as a boarding house by Daystar Ministries, until it was purchased by Monterey Cohousing Community in 1992 and converted to Cooperative Housing – the first of its kind in Minnesota. In the early 1980s, the Dutch idea of cohousing was being promoted in the United States by architects Kathryn McCamant and Charles Durrett . The concept of a “living community” quickly became an international concept. Goals of cohousing communities include creating community by thriving in healthy proximity to their neighbors, building sustainability into the shared resources of the community, and enhancing life by sharing challenges and joy with their neighbors. Residents are invited to consider the context of this historic location and its importance to St. Louis Park throughout the years. Financial or budget considerations: Not applicable. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resource page Proclamation Prepared by: Amanda Scott-Lerdal, deputy city clerk Reviewed by: Melissa Kennedy, city clerk Approved by: Kim Keller, city manager Page 2 City council meeting of August 19, 2024 (Item No. 3d) Title: Proclamation observing August 25, 2024 as the Centennial Celebration of the Star of Bethlehem Home Resource page In recognition of the Centennial Celebration of the Monterey Cohousing Community’s residence at the historic Star of Bethlehem home, the City of St. Louis Park invites you to: •Learn about the historical context of the community’s location o 4500 MINNETONKA BLVD. Star of Bethlehem – St Louis Park Historical Society (slphistory.org) •Explore the Monterey Cohousing Community o Cohousing | Monterey Cohousing Community Page 3 City council meeting of August 19, 2024 (Item No. 3d) Title: Proclamation observing August 25, 2024 as the Centennial Celebration of the Star of Bethlehem Home Proclamation Observing the Centennial Celebration of the Star of Bethlehem Home, residence of the Monterey Cohousing Community on August 25, 2024, in St. Louis Park Whereas, 2024 marks 100 years since the location of the Monterey Cohousing Community, known as the Star of Bethlehem Home, was originally constructed; and Whereas, St. Louis Park is home to a diversity of residents, including our intentional communities and their goals for living healthy, fulfilling lives together ; and Whereas, the centenary of this historic location provides a moment of reflection on the history of both architecture and inclusion in St. Louis Park; and Whereas, acknowledging the complex and rich history of this centenary celebration contributes to St. Louis Park’s strategic priority of commitment to creating opportunities to build social capital through community engagement; and Whereas, the residents of the Monterey Cohousing Community have invited the community at-large to celebrate this remarkable history, Now therefore, let it be known that the mayor and city council of the City of St. Louis Park, Minnesota, hereby observe the Centennial Celebration of the Star of Bethlehem Home, residence of the Monterey Cohousing Community, on August 25, 2024 in our community. Wherefore, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 19th day of August, 2024. _________________________________ Nadia Mohamed, mayor Meeting: City council Meeting date: August 19, 2024 Presentation: 3e Executive summary Title: Recognition of donations Recommended action: Mayor to announce and express appreciation for the following donations being accepted at the meeting and listed on the consent agenda. From Donation For Pamela Gruber $2,800 Memorial park benches, including concrete pads, honoring Josh Gruber and to be placed in Bass Lake Park Kimberly Wick $2,800 Memorial park benches, including concrete pads, to be placed in Bass Lake Park Jack Stack $2,200 Memorial park benches, including concrete pads, honoring Jack Stack and to be placed in Twin Lakes Park Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None. Prepared by: Amanda Scott-Lerdal, deputy city clerk Reviewed by: Melissa Kennedy, city clerk Approved by: Cindy Walsh, deputy city manager Meeting: City council Meeting date: August 19, 2024 Minutes: 4a Unofficial minutes City council meeting St. Louis Park, Minnesota Aug. 5, 2024 1.Call to order. Mayor Mohamed called the meeting to order at 6:16 p.m. a.Pledge of allegiance b.Roll call Council members present: Mayor Nadia Mohamed, Paul Baudhuin, Tim Brausen, Sue Budd, Lynette Dumalag, Margaret Rog Council members absent: Yolanda Farris Staff present: City manager (Ms. Keller), city attorney (Mr. Brooksbank), community development director (Ms. Barton), housing supervisor (Ms. Olson), engineering services manager (Mr. Elkin), engineering director (Ms. Heiser), recreation supervisor (Ms. Abernathy), deputy city clerk (Ms. Scott-Lerdal) Guests: Pledge of Allegiance guest Zhandi Chidothe, League of Minnesota Cities representative Luke Fischer 2. Approve agenda. It was moved by Council Member Dumalag, seconded by Council Member Brausen, to approve the agenda as presented. The motion passed 6-0 (Council Member Farris absent). 3. Presentations. a.Recognition of Playground Junior Leaders Ms. Abernathy introduced each playground junior leader and Mayor Mohamed presented them with a certificate of recognition. Mayor Mohamed thanked the junior leaders for their work. Ms. Abernathy described how the program provides 7-9th grade students with a leader-in-training experience through summer volunteer work. Council Member Brausen pointed out that 48 total students volunteered this summer to provide over 1,000 hours of community service. He thanked everyone for all their efforts. Page 2 City council meeting of August 19, 2024 (Item No. 4a) Title: City council meeting minutes of August 5, 2024 b.Recognition of Mayor Mohamed, recipient of the League of Minnesota Cities 2024 Emerging Leader Award Mr. Fischer, executive director of the League of Minnesota Cities, recognized Mayor Mohamed as the 2024 Emerging Leader award winner. He described her accomplishments and her history of public service. A video was presented about the mayor with comments from staff, city council members and state representatives. Mayor Mohamed thanked the city council and all who joined her at the presentation in Rochester, MN. She dedicated the award to the city, residents and those who helped her along the way, as well as her mentors. She shared how she grew up in St. Louis Park, indicating the qualities people see in her come from this city and growing up here. She is proud of the work being done in St. Louis Park and looks forward to the work to be done over the next three years. She sees this award as the city and staff’s award, as well as everyone who contributes to the amazing work of the city. Mayor Mohamed thanked her mother, remarking on the strong relationship they have and how much that factored into how she was raised. Council Member Budd shared she attended the event in Rochester and noted the enthusiasm at the award presentation, adding that it had been wonderful to be part of that event. Council Member Brausen pointed out that Mayor Mohamed received this award as an emerging leader and the best is yet to come. Council Member Dumalag stated this award is well deserved, and she has always appreciated the Mayor’s enthusiasm, curiosity and dedication to this community. Council Member Baudhuin stated it has been an honor to work with Mayor Mohamed and shared how he had been involved in the Mayor’s 2019 city council campaign. He saw her as a leader then and now, and is proud to be led by Mayor Mohamed. During a time when there has been fear around East African and Somalian immigrants, Mayor Mohamed has brought beauty to the city as a person from a long lineage of Somalian immigrants - adding the city is grateful for her. Council Member Rog added her congratulations to the Mayor as well and encouraged her to keep up the good work. Mayor Mohamed offered her thanks to all and to the League of Minnesota Cities as it advocates for cities throughout Minnesota. 4. Minutes. a.Minutes of July 8, 2024 city council meeting b.Minutes of July 8, 2024 study session c.Minutes of July 15, 2024 city council meeting d.Minutes of July 15, 2024 special study session Page 3 City council meeting of August 19, 2024 (Item No. 4a) Title: City council meeting minutes of August 5, 2024 It was moved by Council Member Brausen, seconded by Council Member Rog, to approve the July 8, 2024 city council meeting and study session minutes as presented, and the July 15, 2024 city council meeting and special study session minutes as presented. The motion passed 6-0 (Council Member Farris absent). 5.Consent items. a.Approve city disbursements and financial report b.First reading of ordinance relating to 2025 fees c.Resolution No. 24-087 authorizing final payment for Rotary Northside Park Water Quality Improvement Project (4022-4001) - Ward 4 d.Resolution No. 24-088 approving Infrastructure Investment and Jobs Act discretionary match grant agreement with MnDOT e.Resolution No. 24-089 approving lawful gambling premises permit - Maple Grove Lions Club - Ward 4 f.Approve replacement of two fire engines (Units No. 1308 and 1604) Council Member Brausen referenced item 5d approving infrastructure investment and jobs act discretionary match grant agreement with MnDOT. This item is to put the city’s safety action plan in place and the matching cost the city had to make was $200,000. He thanked staff for being proactive in this matter to obtain matching funds from the federal government and MnDOT. Council Member Brausen also noted the replacement of two fire engines, adding that is over $2 million in cost. He indicated the advance planning on this item because construction of fire engines takes years to complete. The two fire engines are estimated to be delivered to the city in 2027. He pointed out an anticipated trade-in credit of $400,000 and thanked staff for their work. It was moved by Council Member Budd, seconded by Council Member Dumalag, to approve the consent items as listed; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Council Member Farris absent). 6.Public hearings – none. 7.Regular business. a.First reading of ordinance amending Ch. 22 of the city code regarding bulk materials storage Mr. Elkin presented the staff report. Council Member Rog stated she heard from some residents that bulk materials in the right of way was a challenge, so she appreciates this change. She asked about practical and reasonable locations for bulk materials. She asked for clarification of criteria on areas where a dumpster would be prohibited, allowing the dumpster to be placed in the street instead. Mr. Elkin stated Page 4 City council meeting of August 19, 2024 (Item No. 4a) Title: City council meeting minutes of August 5, 2024 residents can reach out to staff to schedule a site visit. Areas of concern include steep driveways, a lot with many trees, or a pie-shaped lot. Mr. Elkin noted that staff is trying to be more flexible related to this issue. Council Member Rog asked who will determine whether a public safety issue exists. Mr. Elkin stated there is a list of conditions that are required for putting anything in the street. These include markings, space around fire hydrants, not blocking sidewalks or bike lanes or parking zones; all of which will be considered as part of the permit process. Council Member Rog asked if a decision is made that a tree be removed, will residents reach out to their council members for exceptions. Mr. Elkin stated staff will try to avoid this outcome, working and communicating with residents to avoid issues. Council Member Dumalag thanked staff for their work and shared that some residents had reached out to her about dumpsters being present in yards for up to a year. She likes that this ordinance shortens that time to two weeks and appreciates the thoughtfulness of this requirement. Council Member Rog asked if a Bagster dumpster has a longer timeframe than two weeks. Mr. Elkin stated that would be permissible as long as it remains in the residents' yard. It was moved by Council Member Dumalag, seconded by Council Member Budd, to approve the first reading of an ordinance amending Ch. 22 of the city code regarding bulk materials storage The motion passed 6-0 (Council Member Farris absent). b.First reading of pre-eviction notice ordinance Ms. Olson presented the staff report. Council Member Budd asked whether the proposed ordinance requirements would be considered a post-eviction filing versus a pre-eviction filing. Ms. Olson stated the proposed 30 day timeframe is the notice period before an eviction is filed. Council Member Baudhuin asked whether the timeframe starts when the notice has been given or when it has been received. Ms. Olson stated it is 30 days from the date of the notice. Council Member Rog why the notification method was deleted related to email or mail requirements. Ms. Olson clarified the city’s method of delivery was deleted from the proposed language because state statute already requires a specific method of delivery. In the city’s seven-day ordinance, email was listed as an option, but state statute does not allow for email. Ms. Olson added that the city ordinance is supplemental to the state statute, so the city does not reiterate any state information. Barbara Tchom-Schopf, 9416 Fredrick Ave., stated she grew up in St. Louis Park and has owned a home in the city for 42 years. She thanked the city council for the 30-day notice ordinance, Page 5 City council meeting of August 19, 2024 (Item No. 4a) Title: City council meeting minutes of August 5, 2024 and shared a conversation she had with a resident who received an eviction notice. Many tenants are working to get information together, including legal support, to allow them to stay in their homes. The 30-day notice allows for more time for tenants and passing this ordinance will benefit tenants. She hopes this will not cause unintended consequences of increased rent and shorter leases or higher deposits. She thanked the council again and shared her appreciation for their commitment to this issue. Claudia Oxley, 2931 Vernon Ave. S., thanked the council for their work as well as for listening to residents. She is part of the community housing group and is invested in the overall health and quality of the city. She stated the city has not invested enough money in this issue and the 30- day eviction notice does not solve the problem. She recognized that this is a struggle, and shared that what this eviction notice does is provide tenants a bit more time to prevent eviction. Stable housing helps improve education, economics, health and safety outcomes for all, adding that providing 16 more days’ notice is a big win. She concluded that consistency is simplicity. Kirsten Brekke Albright, 8607 Westmoreland Lane, stated she has lived with her husband in St. Louis Park for 30 years. She stated we all do better when we all do better and she supports the 30-day notice. Keeping people housed has positive impacts and is the right thing to do. In a city with many diverse faiths, community leaders rally around issues based in common humanity and this is a continuation of that work. Housing is an essential human right and she is proud the community leads impactful tenant protection initiatives. Jessica Szuminski, policy attorney for Housing Justice Center, stated she supports the ordinance and noted it is necessary for the 41% of St. Louis Park residents who are renters. The 30-day ordinance is common sense and allows renters to avoid eviction. She noted confusion among tenants when eviction notices are submitted, and pointed out several deletions in the proposed ordinance that she has concerns about, including the dates. Regan Reeck, 8011 34th Ave. S., Bloomington, stated she represents HOME Line and is happy to support this ordinance. She thanked the commission, council and staff for their work. She noted the additional 16 days will continue to decrease eviction filings, and while it may have some costs to landlords, it will also allow for more assistance to tenants and assure more breathing room for renters. She added kids will stay in school and local businesses will continue to be supported. Barb Patterson, 4356 Wooddale Ave., thanked the council for the creation of this ordinance as well as partners within and outside the city. She thanked tenants for helping everyone learn and want to stay in St. Louis Park. She also thanked those who opposed this policy as it helps in learning and growing. She stated the ordinance will reduce homelessness in the community and thanked the community for their work. Elizabeth Stroder, 2240 Nevada Ave. S., stated she is speaking from personal experience related to homelessness. She shared her personal story including moving to Minnesota in 2009, and now having recently lost her job and living with friends. When she received an eviction notice, her landlord did not work with her to assist. She stated she was a number and her humanity did not matter. She asked the council to please continue to care about St. Louis Park residents. Page 6 City council meeting of August 19, 2024 (Item No. 4a) Title: City council meeting minutes of August 5, 2024 Matt Kinney, 9115 W. 34th St., stated he supports the 30-day eviction notice and the required letter. He had been working with a friend to acquire affordable housing and during that time, he learned how slow the process is. He stated the arguments against the proposed ordinance are hypothetical and noted Council Member Farris’ comments at the study session were accurate. He stated the proposed ordinance will not help everyone, but will help many and the required letter of notice will get the correct information into the hands of the tenants. He urged the council to vote in favor of the ordinance. Marilyn Klug, 2729 Xenwood Ave., stated she is a member of the community housing team and thanked the council for their support of the proposed ordinance. The letter of notice and ordinance are clear and serve both tenants and landlords. She stated the pre-eviction notice is clear and understandable and noted some recommendations the housing group made. She thanked the council for their support on this tenant-centered ordinance and stated it takes everyone to address the housing crisis. Nils Snyder is a small business owner, a housing provider and manages rental property. He is not in support of the proposed ordinance, noting that managing rental property has been the most difficult job he has had. He stated the process of eviction is time-consuming and expensive. He shared the eviction process is not typically 16 days; it is more like six to nine weeks for the whole process. There will be unintended consequences, including rent increases and higher deposits. He has tried to work with tenants in the past and found it does not work. His business needs the rent for taxes, mortgage, utilities and other expenses. He stated this will have an impact on renters. Mayor Mohamed stated Alexander Bisanz of Mortgage Equities submitted a written statement to the city council. Mayor Mohamed thanked everyone for their comments, adding this is the most thoughtful and intentional group she has heard before council. Council Member Budd asked why the second reading date was changed. Ms. Olson shared it was originally scheduled for August 19 and recommended by staff to move the second reading to September 9, 2024. Ms. Keller clarified the date change was recommended after reviewing the agenda calendar. It was moved by Council Member Dumalag, seconded by Council Member Brausen, to amend ordinance to include a sunset date of 24 months, at which point the city would rely on state statute. Council Member Dumalag suggested this based on the City of Brooklyn Center, which has a similar ordinance. After collecting data for two years, the council can review how well the ordinance is working. Council Member Rog noted the recommendation to sunset and effectively end the ordinance is different than the recommendation to look at the data and evaluate whether to continue. Page 7 City council meeting of August 19, 2024 (Item No. 4a) Title: City council meeting minutes of August 5, 2024 Council Member Dumalag clarified that by providing the timeline for sunsetting the ordinance, the city council will be required to look at the data in advance of the 24-month timeframe. The council can then evaluate if they want to continue with the 30-day pre-eviction notice or not. The data from staff shows that of 13,000 rental units, less than 2% receive the filing and less than 1% are actually evicted. She would like to review this data again in two years and her motion ensures this review process is not forgotten. Council Member Rog asked what kind of data should be reviewed. Council Member Dumalag expressed concern about housing stability throughout the city. There are a number of renters living in apartments, houses, condominiums, townhomes and duplexes – both regular and owner-occupied. She acknowledged the council is trying to assist those renters. Council Member Dumalag shared her family’s experience with homelessness and her motivation to serve on two boards working towards solutions. She does not want to create a policy where the majority of license holders will be greatly affected when there are only a few bad actors. At a future study session, she would like to explore funds to create a program to assist small business owners who are landlords. Council Member Baudhuin asked if the two-year sunset would happen automatically or whether a vote would be required for the ordinance to sunset. Council Member Dumalag clarified that it would be automatic. Council Member Baudhuin asked what might happen if the council then, after two years, wants to keep the ordinance in place. Mr. Brooksbank stated it would require another ordinance amendment at that time to remove the sunset language. Council Member Rog stated when body cameras for police were brought on, there was concern from some members of council. At the time, the council required a detailed yearly report from police on the body camera program, including data. She is more comfortable with adding a requirement that council receive a yearly report with specific data to examine if the ordinance should remain in effect. She is in favor of a report of this type rather than a sunset which ends the ordinance, especially after all the work and effort that went into this ordinance. Council Member Brausen stated he supports the proposed amendment to sunset in two years. He is worried this ordinance will radically impact the rental markets in St. Louis Park. He acknowledged he also understands that a housing crisis exists. He is not sure this ordinance will house more people and has substantial concerns the requirements will deter landlords. Council Member Brausen added that he could support the ordinance for two years and examine the data before extending the ordinance permanently. Council Member Baudhuin stated he appreciates a motion that holds the council accountable and looks at the data. He is not in support, however, of an automatic sunset and if the ordinance is working, he prefers a mechanism that makes it easier to keep it rather than going through a process to keep it. He is in favor of accountability structures and monitoring data. Council Member Budd agreed and stated she is not in favor of the amendment motion. There has been a great deal of due diligence all along the ordinance’s drafting process. The data from HOME Line was impressive in the decrease of filings and she feels there is enough data to Page 8 City council meeting of August 19, 2024 (Item No. 4a) Title: City council meeting minutes of August 5, 2024 support the proposed ordinance. She likes accountability and requiring annual reports but she is not in support of sunsetting by default. Mayor Mohamed stated she likes the spirit of the amendment and looking at the data. She does not want all of the work that went into the ordinance to automatically sunset after two years. She is in favor of accountability measures, such as yearly reports with goals reached and data supporting outcomes. She is open to more discussion on accountability and requiring specific data. The motion failed 2-4 (Council Member Baudhuin, Budd, Mohamed and Rog opposed; Council Member Farris absent). Council Member Rog stated she has concerns around the date of the notice and no recognition that the mail method does not guarantee successful delivery. She asked staff to speak to those concerns. Ms. Olson clarified that state statute dictates how the notice must be delivered, but landlords may use additional methods such as email, hand delivery and online tenant portals to ensure the notice is received. Mailing is a legal method of delivering a notice and the city cannot predict when the notice will arrive. To provide clearer communication to renters, the ordinance requires the landlord to include a statement outlining 30 days from the date of the notice, and not the date it is received. Ms. Barton added the letter could be dated a certain date but not mailed until later, noting the city does not have control of that. She added it may be mailed but not postmarked on the date it was mailed, and some people do not have email. Under state statute, notices must go through the regular US mail, however, landlords generally want the notice to get into the hands of tenants as soon as possible. Notices are usually mailed, hand-delivered, emailed or delivered via tenant portals. Council Member Rog stated that she is interested in the data point of the time it takes between a notice being mailed and when it is received, to see if this is in fact an issue. Council Member Budd thanked everyone in the room and all those who wrote in to explain their situation. She shared that she heard from small business owners as well, and those comments were valuable. She observed that St. Louis Park does not have an eviction crisis like some cities, and that is wonderful. However, the impact of an eviction on a single person is more significant than the cumulative effect of the 16 additional days of delay on receiving the rent. She will vote in favor of the proposed ordinance. Council Member Brausen thanked everyone for their efforts. He cares about housing in St. Louis Park and thanked the landlords who spoke and sent written comments. Council Member Brausen shared that he is a real estate attorney with a great deal of experience with evictions. He stated he is not pro-landlord and is in favor of tenants working out their situations because no one wants to see homelessness. The crisis is about affordable housing and the city has committed resources to this over the years and will continue to do so. He will vote against this proposed ordinance because he is worried about the rental market. The city’s work with 200 Page 9 City council meeting of August 19, 2024 (Item No. 4a) Title: City council meeting minutes of August 5, 2024 eviction notices per year will have an impact on the 18,000 renters in St. Louis Park. This is a concern as it will be more difficult to find rental units that do not ask for a substantial deposit or a shorter lease, and that do not get more vigorous in their screening processes. Council Member Baudhuin thanked everyone for their feedback and apologized for not being able to respond to all residents who sent emails, but noted that he had read every message he received. He stated this decision has been difficult, and he knows there are many very compassionate landlords in St. Louis Park. There are good relationships between renters and landlords, but after hearing from both sides, it is clear to him that there is a housing problem in St. Louis Park. He stated that is where we have to step back and say there is a systemic problem in our city, and in our world which is multi-faceted and evidenced by the unintended consequences that have been discussed. He stated these are not unintended consequences, they are intended, and landlords will act upon them if this ordinance passes. Hearing this concern reiterated can feel like a threat, and yet he understands the mechanisms of running a small business. Broadly, the rental system is weighted in favor of landlords and renters are, for the most part, at the mercy of landlords; renters need more protections through regulations. Council Member Baudhuin stated this issue is not simple and there are many elements at play. He stated one of the reasons the 30-day pre-eviction notice could be problematic is that the remaining elements in the rental market are not being addressed; it really does not solve the housing problem. He stated the problem will not be solved all at once, so the city has to start by taking incremental steps to make it a little harder to put someone into homelessness. Because of that, he will vote in favor of the proposed ordinance and is in favor of the required notice portion. Council Member Rog stated thanked the housing team and everyone else involved with the work, specifically Barb Patterson, Marilyn Kluge, Claudia Oxley and Liz Schroeder. She also thanked JCA, HOME Line and all the other advocacy groups. She thanked the council and staff for their discussion and work, as well as landlords and renters who shared their input. She stated housing is complicated and the ordinance will provide individuals and families more breathing room, a notice that better aligns with realities of low-income renters, and the steps they have to take to resolve their housing issues. Council Member Rog stated she had a conversation with staff at STEP and the loss of a job is the primary reason why tenants fall behind in paying rent. Landlords have stressed they are concerned about losing 60 days of rent given the time it takes for processes to be worked through. She pointed out the timeframe is intended to allow people to take care of their issues and avoid eviction. Regarding landlord concerns, she sees an opportunity by setting aside a portion of the anticipated $330,000 in state funds – from a new sales tax - which can be used for housing assistance. With those funds, more resources can be provided to housing partners so they can provide two to three month's rent assistance versus the current one month. This will create conditions where renters are more likely to resolve their issues. She stated this will reduce risks to landlords and give everyone more time. Council Member Rog stated on the required notice, the forms were misleading and difficult to follow, so she is grateful for the support of a standard form and grateful to the community Page 10 City council meeting of August 19, 2024 (Item No. 4a) Title: City council meeting minutes of August 5, 2024 housing team for their work to make it understandable, as well as meeting all the legal requirements. She stated she will vote in favor of the proposed ordinance. Council Member Dumalag thanked everyone as well for their work on this issue but she still has concerns about the broad impact upon all renters in the city. She agrees some emails can feel like a threat but noted that is the reality if someone has to do business and provide housing. She is not worried about those in market-rate housing but has more concerns about those living in NOAH, affordable housing, and those that work to provide it. She is not in favor of this proposed ordinance because she does not want the higher security deposits, higher rents and shorter-term leases – all of which are mechanisms landlords may use. She added even non- profits still have to have cash flow, otherwise they could lose their property. Council Member Dumalag added she would like more discussion on unintended consequences of the proposed ordinance at a study session. Mayor Mohamed stated this has been a long time coming, and many conversations on this issue have happened over the years. She has been vocal on this issue and shared that she is a renter herself. When it comes to this ordinance, for folks of color, it is a double-edged sword with access to housing for diverse persons being so difficult. The reality is the unintended consequences. She stated she will vote in favor of this issue and the standard notice form, and the city will do the best it can on this ordinance. She added that if it does not work as intended, she invites folks back for more discussion. It was moved by Mayor Mohamed, seconded by Council Member Budd, to approve first reading of the ordinance of pre-eviction notice. The motion passed 4-2 (Council Members Dumalag and Brausen opposed; Council Member Farris absent). It was moved by Mayor Mohamed, seconded by Council Member Dumalag, to set the second reading of the ordinance of pre-eviction notice for September 9, 2024. Council Member Dumalag stated she would like to allocate time for a future study session discussion so folks can stay in their homes, and landlords do not have to lose or sell their properties in light of unintended consequences. Council Member Rog agreed and asked for staff’s direction on collecting data to be brought back for council to study. Ms. Barton stated staff currently does not collect the type of data discussed this evening, so staff will work with the city attorney on options and bring those recommendations to council. Council Member Baudhuin stated that data should come back to council before two years have elapsed, and data should be from renters as well as landlords, so it is balanced and well- rounded. The motion passed 6-0 (Council Member Farris absent). Page 11 City council meeting of August 19, 2024 (Item No. 4a) Title: City council meeting minutes of August 5, 2024 Council Member Rog thanked Mayor Mohamed for her handling of the meeting this evening, and stated she dedicated her status as an emerging leader through her actions. 8.Communications and announcements. a.Quarterly development update – 3rd quarter of 2024 b. Results of the banking services RFP evaluation and recommendation Ms. Keller stated construction on Minnetonka Boulevard will begin next week, noting there is a link on the city web page to Hennepin County for more information. 9. Adjournment. The meeting adjourned at 8:39 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Nadia Mohamed, mayor Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5a Executive summary Title: Resolution recognizing retirement of Officer Luke Ellanson Recommended action: Read resolution and present plaque to Luke 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. Luke will be in attendance for the presentation at the beginning of the meeting. The mayor is asked to read the resolution for Luke in recognition of his years of service to the city. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Greg Weigel, patrol lieutenant Barb Lamfers, HR technician Reviewed by: Rita Vorpahl, HR director Approved by: Cindy Walsh, deputy city manager Page 2 City council meeting of August 19, 2024 (Item No. 5a) Title: Resolution recognizing retirement of Officer Luke Ellanson Resolution No. 24 - 090 Recognizing the contributions of and expressing appreciation to Luke Ellanson Whereas, Luke Ellanson began his employment with the City of St. Louis Park as a community service officer cadet and was promoted to police officer on October 4, 1999; and Whereas, Luke has worked as a patrol officer most of his career. During that time, Luke has served as a Reserve Coordinator, SWAT Team Member, School Resource Officer, Firearms Instructor and Traffic Officer. Luke also served as union treasurer and president; and Whereas, Luke has been awarded numerous commendations and teamwork citations; and Whereas, Luke will be spending more time with his family, pursuing his personal interests, and starting a new career at Groves Academy, 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 Luke Ellanson for his great contributions and over 24 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration Adopted by the city council August 19, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5b Executive summary Title: Resolution authorizing acceptance of bench donations Recommended action: Motion to adopt resolution accepting donations for memorial park benches, including concrete pads. Policy consideration: Does the city council wish to accept these gifts with restrictions on their use? Summary: State statute requires city council’s acceptance of donations. This requirement is necessary in order to make sure the city council has knowledge of any restrictions placed on the use of each donation prior to it being expended. •Donations for memorial park benches, including concrete pads: o Pamela Gruber, $2,800 honoring Josh Gruber, to be placed in Bass Lake Park o Kimberly Wick, $2,800, to be placed in Lamplighter Park o Jack Stack, $2,200 (2023 price), honoring Jack Stack, to be placed in Twin Lakes Park Financial or budget considerations: These donations will be used for the purchase and installation of benches, including concrete pads, in various parks. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Stacy M. Voelker, administrative coordinator Reviewed by: Larry Umphrey, parks superintendent Jason T. West, director of parks and recreation Approved by: Cindy Walsh, deputy city manager City council meeting of August 19, 2024 (Item No. 5b) Page 2 Title: Resolution authorizing acceptance of bench donations Resolution No. 24 - ___ Accepting donations totaling $7,800 for memorial benches, including concrete pads, to be planted in various parks 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 ratify any restrictions placed on the donation by the donor; and Whereas, Pamela Gruber donated $2,800 to purchase a memorial bench honoring Josh Gruber to be placed in Bass Lake Park, Kimberly Wick donated $2,800 to purchase a memorial bench to be placed in Lamplighter Park and Jack Stack donated $2,200 to purchase a memorial bench honoring Jack Stack to be placed in Twin Lakes Park, Now therefore be it resolved by the city council of the City of St. Louis Park that these gifts are hereby accepted with thanks to Pamela Gruber, Kimberly Wick and Jack Stack with the understanding that the gifts must be used for benches, including concrete pads, in Bass Lake, Lamplighter and Twin Lakes Parks. Reviewed for administration: Adopted by the city council August 19, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5c Executive summary Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B Recommended action: Motion to adopt resolution awarding the sale of General Obligation (G.O.) Utility Revenue Bonds, Series 2024B. Policy consideration: Does the city council wish to accept the lowest bid for the sale of the Charter G.O. Bonds, Series 2024B? Summary: At the July 15, 2024 council meeting, council authorized the sale of 2024B Utility Revenue G.O. Bonds in the amount of $6,165,000 and received the pre-sale report for the series. The proposed issue includes financing for various improvements to the city’s water system, including but not limited to watermain replacements in connection with the 2024 street rehabilitation and Connect the Park projects: •Water main work under Minnetonka Boulevard, road construction also supported by the county. Borrowing will fund $1,718,750 for the watermain portions of this project. (project no. 4023-7000) •Watermain work under Local Street Rehabilitation, area 2, road construction is also supported by franchise fees. Borrowing will fund $3,072,000 for the watermain portions of this project. (project no. 4024-1000) •Watermain work under Cedar Lake TH169 to Nevada. Borrowing will fund $1,218,735 for the watermain portions of this project. On Aug. 9, 2024, Standard and Poor’s (S&P) affirmed the city’s AAA credit rating. The competitive bids for the bonds will be received and tabulated by the city’s municipal advisor, Ehlers and Associates, Inc. on Monday, Aug. 19, 2024. The bond resolution will be filled out with the final bond sale information received on that day. Financial or budget considerations: The debt service for these issuances will be paid out of water utility revenues. This cost has been included in the multi-year rate studies for utility services in the city and is already factored into the proposed 4.5% rate increase in the water fund in 2025. The attached report from Ehlers Public Finance Advisors lays out financial details for the bond sale. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Amelia Cruver, finance director Reviewed by: Cheyenne Brodeen, administrative services director Approved by: Cindy Walsh, deputy city manager City council meeting of August 19, 2024 (Item No. 5c) Page 2 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B Resolution No. 24-_________ Awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B, in the original aggregate principal amount of $6,165,000; fixing their form and specifications; directing their execution and delivery; and providing for their payment Be it resolved by the city council (the “city council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “city”) as follows: Section 1. Sale of bonds. 1.01. Authorization. Pursuant to a resolution adopted by the city council on July 15, 2024, the city authorized the sale of its General Obligation Utility Revenue Bonds, Series 2024B (the “bonds”), pursuant to Minnesota Statutes, chapters 444 and 475, as amended (the “act”), to finance various improvements to the City’s water system, including but not limited to watermain replacements in connection with various city infrastructure improvements (collectively, the “utility improvements”). 1.02. Award to the purchaser and interest rates. A tabulation of proposals received is attached hereto as Exhibit A. The proposal of ________________________ (the “purchaser”) to purchase the bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the bonds at a price of $____________ (par amount of $6,165,000, [plus original issue premium of $_________,] [less original issue discount of $_________,] less underwriter’s discount of $__________), plus accrued interest, if any, to the date of delivery for bonds bearing interest as follows: Year of maturity Interest rate Year of maturity Interest rate 2026 % 2034 % 2027 2035 2028 2036 2029 2037 2030 2038 2031 2039 2032 2040 2033 True interest cost: ______________% 1.03. Purchase contract. The amount proposed by the purchaser in excess of the minimum bid shall be credited to the debt service fund hereinafter created or deposited in the construction fund hereinafter created, as determined by the finance director of the city in consultation with the city’s municipal advisor. The good faith deposit of the purchaser shall be retained and deposited until the bonds have been delivered and shall be deducted from the City council meeting of August 19, 2024 (Item No. 5c) Page 3 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B purchase price paid at settlement. The mayor and city manager are directed to execute a contract with the purchaser on behalf of the city if requested by the purchaser. 1.04. Terms and principal amounts of the bonds. The city will forthwith issue and sell the bonds pursuant to the charter and the act, in the total principal amount of $6,165,000, originally dated September 12, 2024, in fully registered form, in the denomination of $5,000 each or any integral multiple thereof, numbered no. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year of maturity Amount Year of maturity Amount 2026 $ 2034 $ 2027 2035 2028 2036 2029 2037 2030 2038 2031 2039 2032 2040 2033 1.05. Optional redemption. The city may elect on February 1, 2034, and on any day thereafter to prepay bonds due on or after February 1, 2035. Redemption may be in whole or in part and if in part, at the option of the city and in such manner as the city will determine. If less than all bonds of a maturity are called for redemption, the city will notify DTC (as defined in section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [TO BE COMPLETED IF TERM BONDS ARE REQUESTED 1.06. Mandatory redemption; term bonds. The bonds maturing on February 1, 20____ and February 1, 20____ shall hereinafter be referred to collectively as the “term bonds.” The principal amount of the term bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the term bonds credited against future mandatory sinking fund redemptions of such term bond in such order as the city shall determine. The term bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows:] City council meeting of August 19, 2024 (Item No. 5c) Page 4 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B Sinking fund installment date February 1, 20___ term bond Principal amount ____________________ * Maturity February 1, 20___ term bond Principal amount ____________________ * Maturity Section 2. Registration and payment. 2.01. Registered form. The bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each bond, the principal amount thereof, is payable by check or draft issued by the registrar described herein. 2.02. Dates; interest payment dates. Each bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the bond will be dated as of the date of original issue. The interest on the bonds is payable on February 1 and August 1 of each year, commencing August 1, 2025, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The city will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “registrar” and “paying agent”). The effect of registration and the rights and duties of the city and the registrar with respect thereto are as follows: (a)Register. The registrar must keep at its principal corporate trust office a bond register in which the registrar provides for the registration of ownership of bonds and the registration of transfers and exchanges of bonds entitled to be registered, transferred or exchanged. (b)Transfer of bonds. Upon surrender for transfer of a bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new bonds of a like aggregate principal amount and maturity, as requested by the transferor. The registrar may, however, close the books for registration of any transfer after the City council meeting of August 19, 2024 (Item No. 5c) Page 5 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of bonds. When bonds are surrendered by the registered owner for exchange the registrar will authenticate and deliver one or more new bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d)Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the registrar and thereafter disposed of as directed by the city. (e)Improper or unauthorized transfer. When a bond is presented to the registrar for transfer, the registrar may refuse to transfer the bond until the registrar is satisfied that the endorsement on the bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f)Persons deemed owners. The city and the registrar may treat the person in whose name a bond is registered in the bond register as the absolute owner of the bond, whether the bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the bond and for all other purposes, and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the bond to the extent of the sum or sums so paid. (g)Taxes, fees and charges. The registrar may impose a charge upon the owner thereof for a transfer or exchange of bonds sufficient to reimburse the registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, lost, stolen or destroyed bonds. If a bond becomes mutilated or is destroyed, stolen or lost, the registrar will deliver a new bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated bond or in lieu of and in substitution for any bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the registrar in connection therewith; and, in the case of a bond destroyed, stolen or lost, upon filing with the registrar of evidence satisfactory to it that the bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the city and the registrar must be named as obligees. Bonds so surrendered to the registrar will be cancelled by the registrar and evidence of such cancellation must be given to the city. If the mutilated, destroyed, stolen or lost bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new bond prior to payment. City council meeting of August 19, 2024 (Item No. 5c) Page 6 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B (i)Redemption. In the event any of the bonds are called for redemption, notice thereof identifying the bonds to be redeemed will be given by the registrar by mailing a copy of the redemption notice by first-class mail (postage prepaid) at least 30 and not more than 60 days prior to the redemption date to the registered owner of each bond to be redeemed at the address shown on the registration books kept by the registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of initial registrar. The city appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial registrar. The mayor and the city manager are authorized to execute and deliver, on behalf of the city, a contract with the registrar. Upon merger or consolidation of the registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor registrar. The city agrees to pay the reasonable and customary charges of the registrar for the services performed. The city reserves the right to remove the registrar upon thirty (30) days’ notice and upon the appointment of a successor registrar, in which event the predecessor registrar must deliver all cash and bonds in its possession to the successor registrar and must deliver the bond register to the successor registrar. On or before each principal or interest due date, without further order of the city council, the finance director of the city must transmit to the registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, authentication and delivery. The bonds will be prepared under the direction of the city manager and executed on behalf of the city by the signatures of the mayor and the city manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the bonds ceases to be such officer before the delivery of a bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the bond has been duly executed by the manual signature of an authorized representative of the registrar. Certificates of authentication on different bonds need not be signed by the same representative. The executed certificate of authentication on a bond is conclusive evidence that it has been authenticated and delivered under this resolution. When the bonds have been so prepared, executed and authenticated, the city manager will deliver the same to the purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the purchaser is not obligated to see to the application of the purchase price. Section 3. Form of bond. 3.01. Execution of the bonds. The bonds will be printed or typewritten in substantially the form set forth in Exhibit B. City council meeting of August 19, 2024 (Item No. 5c) Page 7 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B 3.02. Approving legal opinion. The city manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and cause the opinion to be printed on or accompany each bond. Section 4. Payment; security; pledges and covenants. 4.01. Debt service fund. The bonds will be payable from the General Obligation Utility Revenue Bonds, Series 2024B Debt Service Fund (the “debt service fund”) hereby created. The debt service fund shall be administered and maintained by the finance director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the city. The city will continue to maintain and operate its Water Fund (the “water fund”), to which will be credited all gross revenues of the water system (the “water system”), and out of which will be paid all normal and reasonable expenses of current operations of such system. Any balances therein are deemed net revenues (the “net revenues”) and will be transferred, from time to time, to the debt service fund, which debt service fund will be used only to pay principal of and interest on the bonds, and any other bonds similarly authorized. There will always be retained in the debt service fund a sufficient amount to pay principal of and interest on the bonds, and the finance director must report any current or anticipated deficiency in the debt service fund to the city council. There is also appropriated to the debt service fund (i) capitalized interest financed from bond proceeds, if any; (ii) amounts over the minimum purchase price of the bonds paid by the purchaser, to the extent designated for deposit in the debt service fund in accordance with section 1.03 hereof; (iii) all investment earnings on amounts in the debt service fund; and (iv) any other funds appropriated for the payment of principal or interest on the bonds. 4.02. Construction fund. The city hereby creates the General Obligation Utility Revenue Bonds, Series 2024B Construction Fund (the “construction fund”). Proceeds of the bonds, less the appropriations made in section 4.01 hereof, together with any other funds appropriated for the utility improvements collected during the construction of the utility improvements, will be deposited in the construction fund to be used solely to defray expenses of the utility improvements and the payment of principal and interest on the bonds prior to the completion and payment of all costs of the utility improvements. When the utility improvements are completed and the cost thereof paid, the construction fund is to be closed and any funds remaining may be deposited in the debt service fund. 4.03. City covenants with respect to the bonds. The city covenants and agrees with the holders of the bonds that so long as any of the bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a)The city will continue to maintain and efficiently operate the water system as a public utility and convenience free from competition of other like municipal utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the water fund, as hereinabove provided, and will make no expenditures from the water fund except for a duly authorized purpose and in accordance with this resolution. (b)The city will also maintain the debt service fund as a separate account and will cause money to be credited thereto from time to time, out of net revenues from the water system in sums sufficient to pay principal of and interest on the bonds when due. City council meeting of August 19, 2024 (Item No. 5c) Page 8 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B (c)The city will keep and maintain proper and adequate books of records and accounts separate from all other records of the city in which will be complete and correct entries as to all transactions relating to the water system and which will be open to inspection and copying by any bondholder, or the bondholder’s agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d)The city council will cause persons handling revenues of the water system to be bonded in reasonable amounts for the protection of the city and the bondholders and will cause the funds collected on account of the operations of such system to be deposited in a bank whose deposits are guaranteed under the federal deposit insurance law. (e)The city council will keep the water system insured at all times against loss by fire, tornado and other risks customarily insured against, with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f)The city and each and all of its officers will punctually perform all duties with reference to the water system as required by law. (g)The city will impose and collect charges of the nature authorized by section 444.075 of the act at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the bonds and to create and maintain such reserves securing said payments as may be provided herein. (h)The city council will levy general ad valorem taxes on all taxable property in the city when required to meet any deficiency in pledged net revenues. (i)The city hereby determines that the estimated collection of net revenues herein pledged for the payment of principal and interest on the bonds will produce at least 5% in excess of the amount needed to meet, when due, the principal and interest payments on the bonds. 4.04. General obligation pledge. For the prompt and full payment of the principal of and interest on the bonds, as the same respectively become due, the full faith, credit and taxing powers of the city will be and are hereby irrevocably pledged. If the balance in the debt service fund is ever insufficient to pay all principal and interest then due on the bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the city which are available for such purpose, and such general fund may be reimbursed with or without interest from the debt service fund when a sufficient balance is available therein. City council meeting of August 19, 2024 (Item No. 5c) Page 9 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B 4.05. Debt service coverage. It is hereby determined that the estimated collections of net revenues will produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on the bonds and that no tax levy is needed at this time. 4.06. Registration of resolution. The city manager is authorized and directed to file a certified copy of this resolution with the auditor/treasurer of Hennepin County, Minnesota and to obtain the certificate required by section 475.63 of the act. Section 5. Authentication of transcript. 5.01. City proceedings and records. The officers of the city are authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the bonds certified copies of proceedings and records of the city relating to the bonds and to the financial condition and affairs of the city, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the bonds, and such instruments, including any heretofore furnished, will be deemed representations of the city as to the facts stated therein. 5.02. Certification as to official statement. The mayor, the city manager, and/or the finance director are authorized and directed to certify that they have examined the official statement prepared and circulated in connection with the issuance and sale of the bonds and that to the best of their knowledge and belief the official statement is a complete and accurate representation of the facts and representations made therein as of the date of the official statement. 5.03. Other certificates. The mayor, the city manager, and/or the finance director are hereby authorized and directed to furnish to the purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the bonds or the organization of the city or incumbency of its officers, at the closing the mayor, the city manager, and the finance director shall also execute and deliver to the purchaser a suitable certificate as to absence of material litigation, and the finance director shall also execute and deliver a certificate as to payment for and delivery of the bonds. If an officer whose signature or a facsimile of whose signature appears on any aforementioned certificate or other similar document ceases to be such officer before the delivery of such document, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 5.04. Electronic signatures. The electronic signature of the mayor, the city manager, the finance director, and/or the city clerk to this resolution and any certificate authorized to be executed hereunder shall be as valid as an original signature of such party and shall be effective to bind the city thereto. For purposes hereof, (i) “electronic signature” means a manually signed original signature that is then transmitted by electronic means; and (ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a portable document format (“pdf”) or other replicating image attached to an electronic mail or internet message. City council meeting of August 19, 2024 (Item No. 5c) Page 10 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B 5.05. Payment of costs of issuance. The city authorizes the purchaser to forward the amount of bond proceeds allocable to the payment of issuance expenses in accordance with the closing memorandum to be prepared and distributed by Ehlers and Associates, Inc., the municipal advisor to the city, on the date of closing. Section 6. Tax covenants. 6.01. Tax-exempt bonds. The city covenants and agrees with the holders from time to time of the bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “code”), and the treasury regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the code and applicable treasury regulations, as presently existing or as hereafter amended and made applicable to the bonds. as presently existing or as hereafter amended and made applicable to the bonds. 6.02. Rebate. The city will comply with requirements necessary under the code to establish and maintain the exclusion from gross income of the interest on the bonds under section 103 of the code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the bonds, and the rebate of excess investment earnings to the United States. 6.03. Not private activity bonds. The city further covenants not to use the proceeds of the bonds or the facilities thereby or to cause or permit them or any of them to be used, in such a manner as to cause the bonds to be “private activity bonds” within the meaning of sections 103 and 141 through 150 of the code. 6.04. Qualified tax-exempt obligations. In order to qualify the bonds as “qualified tax- exempt obligations” within the meaning of section 265(b)(3) of the code, the city makes the following factual statements and representations: (a)the bonds are not “private activity bonds” as defined in Section 141 of the code; (b) the city designates the bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the code; (c)the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the city (and all subordinate entities of the city) during calendar year 2024 will not exceed $10,000,000; and (d)not more than $10,000,000 of obligations issued by the city during calendar year 2024 have been designated for purposes of Section 265(b)(3) of the code. City council meeting of August 19, 2024 (Item No. 5c) Page 11 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B 6.05. Procedural requirements. The city will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-entry system; limited obligation of city. 7.01. DTC. The bonds will be initially issued in the form of a separate single typewritten or printed fully registered bond for each of the maturities set forth in section 1.04 hereof. Upon initial issuance, the ownership of each bond will be registered in the registration books kept by the registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding bonds will be registered in the registration books kept by the registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to bonds registered in the registration books kept by the registrar in the name of Cede & Co., as nominee of DTC, the city, the registrar and the paying agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds bonds as securities depository (the “participants”) or to any other person on behalf of which a participant holds an interest in the bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any participant with respect to any ownership interest in the bonds, (ii) the delivery to any participant or any other person (other than a registered owner of bonds, as shown by the registration books kept by the registrar), of any notice with respect to the bonds, including any notice of redemption, or (iii) the payment to any participant or any other person, other than a registered owner of bonds, of any amount with respect to principal of, premium, if any, or interest on the bonds. The city, the registrar and the paying agent may treat and consider the person in whose name each bond is registered in the registration books kept by the registrar as the holder and absolute owner of such bond for the purpose of payment of principal, premium and interest with respect to such bond, for the purpose of registering transfers with respect to such bonds, and for all other purposes. The paying agent will pay all principal of, premium, if any, and interest on the bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the registrar, and all such payments will be valid and effectual to fully satisfy and discharge the city’s obligations with respect to payment of principal of, premium, if any, or interest on the bonds to the extent of the sum or sums so paid. No person other than a registered owner of bonds, as shown in the registration books kept by the registrar, will receive a certificated bond evidencing the obligation of this resolution. Upon delivery by DTC to the city manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.” will refer to such new nominee of DTC; and upon receipt of such a notice, the city manager will promptly deliver a copy of the same to the registrar and paying agent. 7.03. Representation letter. The city has heretofore executed and delivered to DTC a blanket issuer letter of representations (the “representation letter”) which will govern payment of principal of, premium, if any, and interest on the bonds and notices with respect to the bonds. Any paying agent or registrar subsequently appointed by the city with respect to the bonds will agree to take all action necessary for all representations of the city in the representation letter with respect to the registrar and paying agent, respectively, to be complied with at all times. City council meeting of August 19, 2024 (Item No. 5c) Page 12 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B 7.04. Transfers outside book-entry system. In the event the city, by resolution of the city council, determines that it is in the best interests of the persons having beneficial interests in the bonds that they be able to obtain bond certificates, the city will notify DTC, whereupon DTC will notify the participants, of the availability through DTC of bond certificates. In such event the city will issue, transfer and exchange bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the bonds at any time by giving notice to the city and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the city will issue and the registrar will authenticate bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the bond and all notices with respect to the bond will be made and given, respectively in the manner provided in DTC’s operational arrangements, as set forth in the representation letter. Section 8. Continuing disclosure. 8.01. Execution of continuing disclosure certificate. “Continuing disclosure certificate” means that certain continuing disclosure certificate executed by the mayor and city manager and dated the date of issuance and delivery of the bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. City compliance with provisions of continuing disclosure certificate. The city hereby covenants and agrees that it will comply with and carry out all of the provisions of the continuing disclosure certificate. Notwithstanding any other provision of this resolution, failure of the city to comply with the continuing disclosure certificate is not to be considered an event of default with respect to the bonds; however, any bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the city to comply with its obligations under this section. Section 9. Defeasance. When all bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the bonds will cease, except that the pledge of the full faith and credit of the city for the prompt and full payment of the principal of and interest on the bonds will remain in full force and effect. The city may discharge all bonds which are due on any date by depositing with the registrar on or before that date a sum sufficient for the payment thereof in full. If any bond should not be paid when due, it may nevertheless be discharged by depositing with the registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. City council meeting of August 19, 2024 (Item No. 5c) Page 13 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B Reviewed for administration: Adopted by the city council August 19, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk City council meeting of August 19, 2024 (Item No. 5c) Page 14 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B Exhibit A Proposals City council meeting of August 19, 2024 (Item No. 5c) Page 15 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B Exhibit B Form of bond No. R-__ $___________ United States of America State of Minnesota County of Hennepin City of St. Louis Park General Obligation Utility Revenue Bond Series 2024B Rate Maturity Date of Original Issue CUSIP February 1, 20__ September 12, 2024 Registered owner: Cede & Co. The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the “city”), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above or registered assigns, the principal sum of $__________ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing August 1, 2025, to the person in whose name this bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as bond registrar, paying agent, transfer agent and authenticating agent, or its designated successor under the resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the city have been and are hereby irrevocably pledged. The city may elect on February 1, 2034, and on any day thereafter to prepay bonds due on or after February 1, 2035. Redemption may be in whole or in part and if in part, at the option of the city and in such manner as the city will determine. If less than all bonds of a maturity are called for redemption, the city will notify The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. City council meeting of August 19, 2024 (Item No. 5c) Page 16 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B This bond is one of an issue in the aggregate principal amount of $6,165,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the city council on June 3, 2024 (the “resolution”), for the purpose of providing money to aid in financing certain improvements to the municipal water system, pursuant to and in full conformity with the home rule charter of the city and the constitution and laws of the State of Minnesota, including Minnesota Statutes, chapters 444 and 475, as amended, and the principal hereof and interest hereon are payable from net revenues of the municipal water system, as set forth in the resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the city are irrevocably pledged for payment of this bond and the city council has obligated itself to levy ad valorem taxes on all taxable property in the city in the event of any deficiency in net revenues pledged, which taxes may be levied without limitation as to rate or amount. The bonds of this series are issued only as fully registered bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The city council has designated this issue of bonds as “qualified tax-exempt obligations” within the meaning of section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “code”), relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the code for the calendar year of issue. IT IS HEREBY CERTIFIED AND RECITED that in and by the resolution, the city has covenanted and agreed that the city will continue to own and operate the water system free from competition by other like municipal utilities; that adequate insurance on said system and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the water fund, into which the city will pay all of the gross revenues from the water system; that it will also create and maintain the General Obligation Utility Revenue Bonds, Series 2024B Debt Service Fund, into which the city will pay, out of the net revenues from the water system a sum sufficient to pay principal of the bonds and interest on the bonds when due; and that the city will provide, by ad valorem tax levies, for any deficiency in required net revenues of the water system. As provided in the resolution and subject to certain limitations set forth therein, this bond is transferable upon the books of the city at the principal office of the bond registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the bond registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for bonds of other authorized denominations. Upon such transfer or exchange the city will cause a new bond or bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The city and the bond registrar may deem and treat the person in whose name this bond is registered as the absolute owner hereof, whether this bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the city nor the bond registrar will be affected by any notice to the contrary. City council meeting of August 19, 2024 (Item No. 5c) Page 17 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the city and the constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this bond in order to make it a valid and binding general obligation of the city in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this bond does not cause the indebtedness of the city to exceed any constitutional, charter, or statutory limitation of indebtedness. This bond is not valid or obligatory for any purpose or entitled to any security or benefit under the resolution until the certificate of authentication hereon has been executed by the bond registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by its city council, has caused this bond to be executed on its behalf by the facsimile or manual signatures of the mayor and city manager and has caused this bond to be dated as of the date set forth below. Dated: September 12, 2024 City of St. Louis Park, Minnesota (Facsimile) (Facsimile) Mayor City Manager _________________________________ Certificate of authentication This is one of the bonds delivered pursuant to the resolution mentioned within. Bond Trust Services Corporation By Authorized representative _________________________________ City council meeting of August 19, 2024 (Item No. 5c) Page 18 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B Abbreviations The following abbreviations, when used in the inscription on the face of this bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common UNIF GIFT MIN ACT _________ Custodian _________ (Cust) (Minor) TEN ENT -- as tenants by entireties under uniform gifts or transfers to minors act, State of _______________ JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. ________________________________________ Assignment For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said bond on the books kept for registration of the within bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or any change whatever. Signature guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The registrar will not effect transfer of this bond unless the information concerning the assignee requested below is provided. City council meeting of August 19, 2024 (Item No. 5c) Page 19 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B Name and address: (Include information for all joint owners if this bond is held by joint account.) Please insert social security or other identifying number of assignee _________________________________ Provisions as to registration The ownership of the principal of and interest on the within bond has been registered on the books of the registrar in the name of the person last noted below. Date of registration Registered owner Signature of Officer of registrar Cede & Co. Federal ID #13-2555119 City council meeting of August 19, 2024 (Item No. 5c) Page 20 Title: Resolution awarding the sale of General Obligation Utility Revenue Bonds, Series 2024B State of Minnesota ) ) County of Hennepin ) SS. ) City of St. Louis Park ) I, the undersigned, being the duly qualified and acting city clerk of the City of St. Louis Park, Hennepin County, Minnesota (the “city”), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the city council of the city held on August 19, 2024, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of the city’s General Obligation Utility Revenue Bonds, Series 2024B, in the original aggregate principal amount of $6,165,000. WITNESS my hand officially as such city clerk and the corporate seal of the city this ______ day of _______________, 2024. City Clerk City of St. Louis Park, Minnesota (SEAL) Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5d Executive summary Title: Resolution authorizing city depositories Recommended action: Motion to adopt resolution authorizing bank signatories Policy consideration: Does the council wish to approve the bank signatories for each bank account? Summary: The city went through a request for proposals (RFP) process and US Bank has been selected as the city’s new depository. A report detailing the criteria, process and results of this RFP were submitted to council on Aug. 5, 2024. The city will continue to utilize Citizens Independent Bank as the depository transitions throughout the calendar year 2024. The table below states the check signers and those who have authority over the city’s depository accounts. Banking procedures require council approval by resolution when adding or removing signers from a bank account. The following signatories are recommended for each bank account: Depository Accounts: US Bank & Citizens Independent Bank (does not include EDA accounts) Kimberly Keller, city manager Check signer Cheyenne Brodeen, administrative services director Check signer Amelia Cruver, finance director Primary authority Joe Olson, deputy finance director Secondary authority PMA 4M: Premier money market account Amelia Cruver, finance director Primary authority Joe Olson, deputy finance director Secondary authority Depository Accounts: US Bank & Citizens Independent Bank (EDA) Nadia Mohamed, mayor Check signer Karen Barton, community development director Check signer Amelia Cruver, finance director Primary authority Joe Olson, deputy finance director Secondary authority Financial or budget considerations: The actions recommended will ensure that the city is compliant with banking and audit requirements. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Amelia Cruver, finance director Reviewed by: Cheyenne Brodeen, administrative services director Approved by: Kim Keller, city manager City council meeting of August 19, 2024 (Item No. 5d) Page 2 Title: Resolution authorizing city depositories Resolution No. 24-___ Designating US Bank as an official depository and custodial for city funds in 2024 Whereas, US Bank has been selected as the city’s official depository and the official custodial of the city’s investments. PMA 4M will remain custodial of the city’s investment account as US Bank provides custodial services to the 4M fund and continues as an official depository for the city. Citizens Independent Bank will remain an official depository to the city for calendar year 2024 as the city transitions to US Bank for depository services. UBS will remain as an official custodial of the city’s investments for calendar year 2024 as the city transitions to US Bank for custodial services; and Whereas, State of Minnesota Statutes 118A sets forth the requirements for the designation of depositories, make investments of funds under sections 118A.01 to 118A.06 or other applicable law, and both designate depositories and make investments as provided in this subdivision; and Now therefore be it resolved by the city council of the City of St. Louis Park, Minnesota, 1.US Bank be named as an official depository of the city, with sufficient collateral pledged equal to 110% of the uninsured amount on deposit; 2.US Bank be named as an official custodial of the city’s investment accounts; Be it further resolved that the Finance Director or the Finance Director's designee of the City of St Louis Park is hereby designated as the approval authority for the acceptance and release of all collateral to be held in conjunction with city funds on deposit. Reviewed for administration: Adopted by the city council August 19, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5e Executive summary Title: Approve annual financial report for the year ended December 31, 2023 Recommended action: Motion to approve the annual financial report. Policy consideration: What additional information may the council want finance to provide related to the 2023 Annual Comprehensive Financial Report? Summary: The city is required to have an independent (external) audit each year, through which the audit firm issues an opinion on the city’s financial statements. The city’s ACFR received an unmodified audit opinion for the Dec. 31, 2023 report. For 2023, the auditor has deemed St. Louis Park’s audit as “unmodified” which means that they are of the opinion that the city’s financial statements present fairly, in all material respects and are in accordance with the applicable financial reporting framework for the Dec. 31, 2023 ACFR. In keeping with the previous 39 years, the city has submitted the ACFR to the Government Finance Officers Association for consideration of the Certificate of Achievement award for financial reporting. We anticipate the submission will be accepted and the city will be, for the 40th consecutive year, granted the award. Rebecca Petersen from Redpath and Company presented the financial details along with city finance staff on Aug. 12, 2024. Because the audit is public at the time it is finalized, it has been proactively added to the city’s website on the finance department’s financial reports page: 2023 Annual Comprehensive Financial Report. Financial or budget considerations: This report shows the City of St. Louis Park continues to remain in strong financial condition. Strategic priority consideration: Not applicable. Supporting documents: 2023 Annual Comprehensive Financial Report Prepared by: Amelia Cruver, finance director Reviewed by: Cheyenne Brodeen, administrative services director Approved by: Cindy Walsh, deputy city manager Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5f Executive summary Title: Second reading and adoption of ordinance relating to 2025 fees Recommended action: Motion to adopt second reading of ordinance relating to 2025 fees. Policy consideration: Is the council supportive of the proposed fees? Summary: Each year, our fees are reviewed by departments as part of the budget process. Fees are reviewed based on comparison to other cities in the metro area, changes in regulations and to make sure our business costs are covered for corresponding services. When possible, staff tries to stay in line with inflation which, for 2024, is currently around 3.4%. Most of our fee increases are at or below inflation. The council is asked to approve Appendix A items because those are within our city code. Other city fees are set administratively. This is the second reading of the 2025 fees and there have been no changes since they were discussed with council on July 8, 2024. Financial or budget considerations: The proposed fee changes have been incorporated into the preliminary 2025 budget. Strategic priority consideration: Not applicable. Supporting documents: Ordinance Ordinance Summary for publication Appendix A Prepared by: Amelia Cruver, finance director Reviewed by: Cheyenne Brodeen, administrative services director Approved by: Kim Keller, city manager City council meeting of August 19, 2024 (Item No. 5f) Page 2 Title: Second reading and adoption of ordinance relating to 2025 fees Discussion Background: City code Sec. 1-19 references how fees are set. Fees included in the attached ordinance are listed as Appendix A of the city code. Other fees are set administratively and reviewed annually by city departments. Department directors have authority to set fees for programs and services. Each department director has reviewed fees listed in Appendix A of the city code. Recommendations are included in the attached ordinance. On July 8, 2024, the council received a report and presentation on the proposed fee increases, particularly the more meaningful adjustments to license fees in 2025 to cover the full cost of providing the service. The first reading of this ordinance took place at the Aug. 5, 2024 city council meeting. This item received the required public hearing with due notice on July 15, 2024 and the council did not take a vote at that time. Present considerations: The administrative services, information resources, community development, engineering, fire, building and energy, public works, parks and recreation, and police departments have each reviewed and analyzed the proposed fee adjustments, additions, and/or removals that are the shown in Appendix A (attached). The 2025 proposed fee adjustments reflect administrative costs of providing services and remain comparable with neighboring cities. Next steps: If approved, the fee changes will be effective as of Jan. 1, 2025. City council meeting of August 19, 2024 (Item No. 5f) Page 3 Title: Second reading and adoption of ordinance relating to 2025 fees Ordinance No. ____ - 24 Adopting fees for calendar year 2025 The City of St. Louis Park does ordain: Section 1. Fees called for within individual provisions of the city code are hereby set by this ordinance for calendar year 2025. Section 2. The attached Fee Schedule shall be included as Appendix A of the City Code and shall replace those fees adopted Dec. 4, 2023, by Ordinance No. 2674-23 for the calendar year 2024 which is hereby rescinded. *See attached PDF for Appendix A of the fee schedule* Section 3. This ordinance shall take effect Jan. 1, 2025. Public Hearing July 15, 2024 First Reading August 5, 2024 Second Reading August 19, 2024 Date of Publication August 29, 2024 Date Ordinance takes effect January 1, 2025 Reviewed for administration: Adopted by the city council August 19, 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 Summary for publication Ordinance No. ____-24 An ordinance adopting fees called for by ordinance for calendar year 2025 This ordinance sets 2025 fees as outlined in Appendix A of the City Code of Ordinances. The fee ordinance is modified to reflect the cost of providing services and is completed each year to determine what, if any, fees require adjustment. This ordinance shall take effect January 1, 2025. Adopted by the city council August 19, 2024 Nadia Mohamed /s/ mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: August 29, 2024 City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 4 SERVICE 2025 PROPOSED FEE Action Appendix A ACCOUNTING Bassett Creek Watershed Management District (property pass-through charge) Residential monthly $0.82 per residential equivalent unit Ordinance Appendix A Residential quarterly $2.46 per residential equivalent unit Ordinance Appendix A Land uses other than residential (Acreage * REF * 2.46 * 5) = quarterly rate Ordinance Appendix A MN Dept of Health state testing fee Quarterly (Residential and multi-family)$2.43 per quarter Monthly (Commercial)$0.81 per month Returned Check Fee $31 Sanitary Sewer Base Charge Quarterly Rate (Residential and multi-family)24.19 Ordinance Appendix A Monthly Rate (Commercial)8.07 Ordinance Appendix A Sewer and Service Charges Sanitary Sewer Usage Rate - per unit 4.72 Ordinance Appendix A Solid Waste Service - Collection Cost per Quarter Ordinance Appendix A 30 gallon EOW service (Every Other Week)$71.85 Ordinance Appendix A 30 gallon service $102.52 Ordinance Appendix A 60 gallon service $145.95 Ordinance Appendix A 90 gallon service $223.69 Ordinance Appendix A 120 gallon service $355.36 Ordinance Appendix A 150 gallon service $444.17 Ordinance Appendix A 180 gallon service $533.00 Ordinance Appendix A 270 gallon service $799.50 Ordinance Appendix A 360 gallon service $1,066.05 Ordinance Appendix A Solid Waste Service (Residential) Additional 30 gallon cart $70.00 Ordinance Appendix A Additional 60 gallon cart $70.00 Ordinance Appendix A Additional 90 gallon cart $70.00 Ordinance Appendix A Cart Changes - over 1 per cart type per 12 month period $30.00 Ordinance Appendix A Solid Waste Service (Commercial) - Collection Cost 30 gallon service Garbage (monthly)$26.76 Ordinance Appendix A Garbage (quarterly)$80.26 Ordinance Appendix A 60 gallon service Garbage (monthly)$46.05 Ordinance Appendix A Garbage (quarterly)$138.14 Ordinance Appendix A Organics (monthly)$20.72 Ordinance Appendix A Organics (quarterly)$62.16 Ordinance Appendix A 90 gallon service Ordinance Appendix A Garbage (monthly)$69.08 Ordinance Appendix A Garbage (quarterly)$207.24 Ordinance Appendix A Recycling (monthly)$24.12 Ordinance Appendix A Recycling (quarterly)$72.36 Ordinance Appendix A 120 gallon service Organics (monthly)$39.78 Ordinance Appendix A Organics (quarterly)$119.34 Ordinance Appendix A 2025 Proposed City of St. Louis Park - FEES City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 5 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES 180 gallon service Garbage (monthly)$142.62 Ordinance Appendix A Garbage (quarterly)$427.84 Ordinance Appendix A Recycling (monthly)$43.21 Ordinance Appendix A Recycling (quarterly)$129.63 Ordinance Appendix A Organics (monthly)$59.68 Ordinance Appendix A Organics (quarterly)$179.02 Ordinance Appendix A 270 gallon service Recycling (monthly)$59.68 Ordinance Appendix A Recycling (quarterly)$179.02 Ordinance Appendix A Storm Water Rate Single family quarterly 31.93 Ordinance Appendix A Basic system rate monthly 53.24 Ordinance Appendix A Basic system rate quarterly 159.66 Ordinance Appendix A Land uses other than residential (Acreage * REF * 30.56 * 5) = quarterly rate Ordinance Appendix A Water Meter Charges Ordinance Appendix A Commercial Monthly Fee Ordinance Appendix A 5/8" meter $14.917 Ordinance Appendix A 3/4"$14.917 Ordinance Appendix A 1"$20.869 Ordinance Appendix A 1.5"$26.820 Ordinance Appendix A 2"$43.211 Ordinance Appendix A 3"$163.935 Ordinance Appendix A 4"$208.642 Ordinance Appendix A 6"$312.953 Ordinance Appendix A Residential/Multi-family Quarterly Fee Ordinance Appendix A 5/8" meter $44.751 Ordinance Appendix A 3/4"$44.751 Ordinance Appendix A 1"$62.606 Ordinance Appendix A 1.5"$80.460 Ordinance Appendix A 2"$129.634 Ordinance Appendix A 3"$491.804 Ordinance Appendix A 4"$625.927 Ordinance Appendix A 6"$938.858 Ordinance Appendix A 2" compound $129.612 Ordinance Appendix A 3" compound $491.815 Ordinance Appendix A Water Rates per unit (1 unit = 100 cu ft or 750 gallons) Residential Tier 1 0 - 13.333 units (0 - 10,000 gallons)$2.44 Ordinance Appendix A Tier 2 13.333 - 20 units (10,000 - 15,000 gallons)$2.95 Ordinance Appendix A Tier 3 > 20 units (>15,000 gallons)$3.54 Ordinance Appendix A Multi Family All units $2.95 Ordinance Appendix A Commercial Tier 1 0 - 100 units (0 - 75,000 galllons)$2.69 Ordinance Appendix A Tier 2 100 - 300 units (75,000 - 225,000 galllons)$2.96 Ordinance Appendix A Tier 3 > 300 units (>225,000 galllons)$3.28 Ordinance Appendix A Industrial Tier 1 0 - 1,000 units (0 - 750,000 galllons)$2.69 Ordinance Appendix A Tier 2 1,000 - 3,000 units (750,000 - 2,225,000 galllons)$2.96 Ordinance Appendix A Tier 3 > 3,000 units (>2,225,000 galllons)$3.28 Ordinance Appendix A Irrigation All units $4.83 Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 6 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Water Shut Off/Turn On Normal business hours (7:00 a.m. - 2:30 p.m.)$62.70 Ordinance Appendix A After hours (After 3:00 p.m., Weekends)$188.10 Ordinance Appendix A Broken Water Meter Fee $100 per month Certification Admin Fees Accounts with minimum unpaid balance $15.00 Accounts certified with Hennepin County $50.00 Chapter 22, Section 21 - Extra Garbage Stickers $3/sticker Ordinance Appendix A ADMINISTRATIVE PENALTIES Ordinance Appendix A Chapter 4 – Animal Regulations $50 Ordinance Appendix A Chapter 6 – Buildings & Building Regulations $100 Ordinance Appendix A Chapter 6, Section 5 – Energy Benchmarking $100 Ordinance Appendix A Chapter 6, Article V – Property Maintenance Code $150 Ordinance Appendix A Chapter 6, Section X – Backflow Prevention $100 service fee added monthly to utility bill Ordinance Appendix A Chapter 8 – Business and Business Licenses $150 Ordinance Appendix A Chapter 8, Subdivision IV – Grease Producer License $200 Sewer Cleaning Fee added monthly to utility bill Ordinance Appendix A Chapter 12 – Environment $100 Ordinance Appendix A Chapter 12, Section 2 – Environment & Public Health Regulations Adopted by Reference $100 Ordinance Appendix A Chapter 12, Section 157 – Illicit Discharge and Connection $100 Ordinance Appendix A Chapter 12, Section 159 – Wetland Protection $100 Ordinance Appendix A Chapter 12, Article VI. Zero Waste Packaging $100 Ordinance Appendix A Chapter 14 – Fire and Fire Prevention $100 Ordinance Appendix A Chapter 14, Section 75 – Open burning without permit $100 Ordinance Appendix A Chapter 20 – Parks and Recreation Ordinance Appendix A Chapter 22 – Solid Waste Management - Residential $50 Ordinance Appendix A Chapter 22 - Solid Waste Management - Multifamily & Commercial $100 Ordinance Appendix A Chapter 22, Section 22-5b Hazardous and Infectious materials $200 Ordinance Appendix A Chapter 24 – Streets, Sidewalks & Public Places $50 Ordinance Appendix A Chapter 24, Section 24-43 – Household Trash & Recycling Containers blocking public way $50 Ordinance Appendix A Chapter 24, Section 47 – Visual obstructions at intersections $100 Ordinance Appendix A Chapter 24, Section 50 – Public Property: Defacing or injuring $150 Ordinance Appendix A Chapter 24, Section 51 – Sweeping/blowing leaves/grass clippings or pushing snow into/across any street or alley is prohibited $100 Ordinance Appendix A Chapter 24, Section 274 – Work done without a permit $130 Ordinance Appendix A Chapter 24, Section 24-342 - Snow, ice and rubbish a public nuisance on sidewalks; removal by owner.$25 first time. Fee shall double for each subsequent violation, with a maximum fee of $200 for SFR and $400 for all others. Does not reset annually. Does reset for new owners.Ordinance Appendix A Chapter 26 – Subdivision Ordinance Appendix A Violation of a condition associated with a Subdivision approval.$750 Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 7 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Chapter 32 – Utilities $50 Ordinance Appendix A Violation of sprinkling ban $50 first time. Fee shall double for each subsequent violation, with a maximum fee of $200 for SFR and $400 for all others. Doesn't reset annually. Does reset for new owners. Ordinance Appendix A Chapter 32, Section 37 Access to buildings.$100 per month.Ordinance Appendix A Chapter 36 – Zoning Chapter 36, Section 37 – Conducting a Land Use not permitted in the zoning district $100 Ordinance Appendix A Violation of a condition associated with a Conditional Use Permit, Planned Unit Development, or Special Permit approval $750 Ordinance Appendix A Public tree removal per diameter inch $235 Ordinance Appendix A Repeat Violations within 24 Months Previous fine doubled up to a maximum of $2,000 Ordinance Appendix A Fines imposed are double the amount from the previous fine assessed, up to a maximum of $2,000. The escalated fine amount is based on the number of identical violations within the previous 24 months from the date of the current violation. For example, if there were four occurrences of an identical violation within the previous 24 months of the current violation date that carried a $50 fine, the fine for the fourth violation would be $400. (First violation: $50; second; $100; third:$200; fourth: $400). Fines reset to the minimum amount if there are no identical violations within the previous 24 months of the current violation. *Fines in addition to abatement and licensing inspections Fines listed above may be in addition to fees associated with abatement and licensing inspections. BUILDING AND ENERGY Ordinance Appendix A Building Demolition Deposit Ordinance Appendix A 1 & 2 Family Residential & Accessory Structures $2,500 Ordinance Appendix A All Other Buildings $5,000 Ordinance Appendix A Building Demolition Permit Ordinance Appendix A 1 & 2 Family Residential & Accessory Structures $205 Ordinance Appendix A All Other Buildings $350 Ordinance Appendix A Building Moving Permit $500 Ordinance Appendix A Business Licenses Ordinance Appendix A Billboards $200 per billboard Ordinance Appendix A Commercial Entertainment $325 Ordinance Appendix A Courtesy Bench $85 per bench Ordinance Appendix A Designated Outdoor Dog Area $75 Ordinance Appendix A Dog Kennel $200 Ordinance Appendix A Environmental Emissions $375 Ordinance Appendix A Fats, Oils & Grease Producer License $400 Fats, Oils & Grease Producer Provisional License $1,100 Massage Therapy Ordinance Appendix A Massage Therapy Establishment $450 Ordinance Appendix A Massage Therapy License $145 Ordinance Appendix A Therapists holding a Massage Therapy Establishment License $55 Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 8 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Pawnbroker Ordinance Appendix A License Fee $2,100 Ordinance Appendix A Per Transaction Fee $3 Ordinance Appendix A Investigation Fee $1,050 Ordinance Appendix A Penalty $50 per day Ordinance Appendix A Sexually Oriented Business Ordinance Appendix A Investigation Fee (High Impact)$525 Ordinance Appendix A High Impact $4,700 Ordinance Appendix A Limited Impact $135 Ordinance Appendix A THC edible license $0 THC retest fee $0 Tobacco Products & Related Device Sales $750 Ordinance Appendix A Vehicle Parking Facilities Ordinance Appendix A Enclosed Parking $400 Ordinance Appendix A Parking Ramp $315 Ordinance Appendix A Tanning Bed Facility $325 Ordinance Appendix A Certificate of Occupancy Ordinance Appendix A For each condominium unit completed after building occupancy $100 Ordinance Appendix A Change of Use (does not apply to 1 & 2 family dwellings)Ordinance Appendix A Up to 5,000 sq ft $600 Ordinance Appendix A 5,001 to 25,000 sq ft $950 Ordinance Appendix A 25,001 to 75,000 sq ft $1,450 Ordinance Appendix A 75,001 to 100,000 sq ft $1,900 Ordinance Appendix A 100,000 to 200,000 sq ft $2,350 Ordinance Appendix A above 200,000 sq ft $2,950 Ordinance Appendix A Temporary Certificate of Occupancy - Single Family $250 Ordinance Appendix A Temporary Certificate of Occupancy - All other occupancies $475 Ordinance Appendix A Certificate of Property Maintenance Change in Ownership Condominium Unit $245 Ordinance Appendix A Duplex (2 Family dwellings)$450 Ordinance Appendix A Multi-Family (apartment) Buildings $400 per building + 30 per unit Ordinance Appendix A Single Family Dwellings $350 Ordinance Appendix A All Other Buildings: Ordinance Appendix A Up to 5,000 sq ft $575 Ordinance Appendix A 5,001 – 25,000 sq ft $910 Ordinance Appendix A 25,001 to 75,000 sq ft $1,375 Ordinance Appendix A 75,001 to 100,000 sq ft $1,825 Ordinance Appendix A 100,000 to 200,000 sq. ft $2,275 Ordinance Appendix A above 200,000 sq. ft $2,850 Ordinance Appendix A Temporary Certificate of Property Maintenance - SF Residential $150 Ordinance Appendix A Temporary Certificate of Property Maintenance - All others $340 Ordinance Appendix A Certificate of Property Maintenance Extension $100 Ordinance Appendix A Construction Permits (building, electrical, fire protection, mechanical, plumbing, pools, utilities)Ordinance Appendix A Building and Fire Protection Permits Valuation Ordinance Appendix A Up to $500 Base Fee $75 plus $2 for each additional (or fraction thereof) $100 over $500.01 Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 9 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES $500.01 to $2,000.00 Base Fee $75 plus $100 for each additional (or fraction thereof) $100 over $500.01 Ordinance Appendix A $2,000.01 to $25,000.00 $105 base fee plus $15 for each additional $1,000 or fraction thereof above $2,000 Ordinance Appendix A $25,000.01 to $50,000.00 $450 base fee plus $10 for each additional $1,000 or fraction thereof above $25,000 Ordinance Appendix A $50,000.01 to $100,000.00 $700 base fee plus $7 for each additional $1,000 or fraction thereof above $50,000 Ordinance Appendix A $100,000.01 to $500,000.00 $1,050 base fee plus $6.00 for each additional $1,000 or fraction thereof above $100,000 Ordinance Appendix A $500,000.01 to $1,000,000.00 $3,450 base fee plus $5.50 for each additional $1,000 or fraction thereof above $500,000 Ordinance Appendix A $1,000,000.01 and up $6,200 base fee plus $5.00 for each additional $1,000 or fraction thereof above $1,000,000 Ordinance Appendix A Single Family Building Permit Exceptions:Ordinance Appendix A Reroofing – asphalt shingled, sloped roofs only Ordinance Appendix A House or House and Garage $165 Ordinance Appendix A Garage Only $90 Ordinance Appendix A Residing Ordinance Appendix A House or House and Garage $165 Ordinance Appendix A Garage Only $90 Ordinance Appendix A Solar Ordinance Appendix A Building Mounted Photovoltaic Panels $200 Ordinance Appendix A Commercial Building Permit Exceptions:Ordinance Appendix A Solar Ordinance Appendix A Building Mounted Photovoltaic Panels $400 Ordinance Appendix A Electrical Permit Ordinance Appendix A Installation, Replacement, Repair $80 Ordinance Appendix A Installation of traffic signals per location $165 Ordinance Appendix A Installation, Single Family Photovoltaic Panels $160 Ordinance Appendix A Single family, one appliance $80 + 1.75% of valuation Ordinance Appendix A ISTS Permit Ordinance Appendix A Sewage treatment system install or repair $135 Ordinance Appendix A Mechanical Permit Ordinance Appendix A Installation, Replacement, Repair $80 + 1.75% of job valuation Ordinance Appendix A Single Family Exceptions:Ordinance Appendix A Replace furnance, boiler or furnance/AC $90 Ordinance Appendix A Install single fuel burning appliance with piping $90 Ordinance Appendix A Install, replace or repair single mechanical appliance $90 Ordinance Appendix A Plumbing Permit Ordinance Appendix A Backflow Prevention Assembly Registration $40 Monthly non-compliance registration service fee $100 Installation, Replacement, Repair $80 +1.75 of job valuation Ordinance Appendix A Single Family Exceptions:Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 10 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Repair/replace single plumbing fixture $80 Ordinance Appendix A Private Swimming Pool Permit Building permit fees apply Ordinance Appendix A Public Swimming Pool Permit Building permit fees apply Ordinance Appendix A Sewer and Water Permit (all underground private utilities)Ordinance Appendix A Installation, Replacement, Repair $80 +1.75% of valuation Ordinance Appendix A Single Family Exceptions:Ordinance Appendix A Replace/repair sewer or water service $120 Ordinance Appendix A Water Access Charge - per SAC unit charged on new or enlarged water services. $800 per SAC unit Charged on new or enlarged water services. Ordinance Appendix A SAC/WAC Assessment Fee one-half of one percent (0.5%) of the petitioned amount, with a minimum fee of $150 and a maximum fee of $750 Energy Improvement Assessment Fee one-half of one percent (0.5%) of the petitioned amount, with a minimum fee of $150 and a maximum fee of $750 Certificate of Competency Ordinance Appendix A Mechanical /Gas Piping $35 Ordinance Appendix A Annual Renewal $20 Ordinance Appendix A Contractor Licenses Ordinance Appendix A Mechanical $135 Ordinance Appendix A Solid Waste $250 Ordinance Appendix A Tree Maintenance $135 Ordinance Appendix A Dog Licenses Ordinance Appendix A 1 year $25 Ordinance Appendix A 2 year $40 Ordinance Appendix A 3 year $50 Ordinance Appendix A Potentially Dangerous Dog License – 1 year $100 Ordinance Appendix A Dangerous Dog License – 1 year $250 Ordinance Appendix A Interim License $15 Ordinance Appendix A Off-Leash Dog Area Permit (non-resident)$55 Ordinance Appendix A Penalty for no license $40 Ordinance Appendix A Inspections Ordinance Appendix A After Hours Inspections $250 plus $100 per hour after the first hour Ordinance Appendix A Installation of permenant sign w/footing inspection Based on valuation using building permit fee table Ordinance Appendix A Re-Inspection Fee (after correction notice issued has not been corrected within 2 subsequent inspections) $130 Ordinance Appendix A Insurance Requirements Ordinance Appendix A Circus $1,000,000 General Liability Ordinance Appendix A Commercial Entertainment $1,000,000 General Liability Ordinance Appendix A Mechanical Contractors $1,000,000 General Liability Ordinance Appendix A Solid Waste $1,000,000 General Liability Ordinance Appendix A Tree Maintenance & Removal $1,000,000 General Liability Ordinance Appendix A Vehicle Parking Facility $1,000,000 General Liability Ordinance Appendix A License Fees - Other Ordinance Appendix A Investigation Fee $330 Ordinance Appendix A Late Fee 25% of license fee (minimum $50)Ordinance Appendix A License Reinstatement Fee $260 Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 11 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Transfer of License (new ownership)$90 Ordinance Appendix A Plan Review - 50% of amount due at time of application. Exception: Single Family Residential additions, accessory structures and remodels. Ordinance Appendix A Building Permits 65% of Permit Fee Ordinance Appendix A Repetitive Building 25% of Permit Fee for Duplicate Structure Ordinance Appendix A Electrical Permits 35% of Permit Fee Ordinance Appendix A Mechanical Permits 35% of Permit Fee Ordinance Appendix A Plumbing Permits 35% of Permit Fee Ordinance Appendix A Sewer & Water Permits 35% of Permit Fee Ordinance Appendix A Single Family Interior Remodel Permits 35% of Permit Fee Ordinance Appendix A Non-owner Occupied License (Rental)Ordinance Appendix A Condominium/Townhouse/ Cooperative per unit $175 Ordinance Appendix A Duplex both sides non-owner occupied $305 Ordinance Appendix A Housing Authority owned single family dwelling units $15 Ordinance Appendix A Multiple Family Ordinance Appendix A Per Building $400 Ordinance Appendix A Per Unit $30 Ordinance Appendix A Single Family Unit/Duplex one-side only $275 Ordinance Appendix A Temporary Noise Permit $95 Ordinance Appendix A Temporary Use Permits Ordinance Appendix A Amusement Rides, Carnivals & Circuses $290 Ordinance Appendix A Commercial Film Production Application $135 Ordinance Appendix A Petting Zoos $75 Ordinance Appendix A Temporary Outdoor Retail Sales $135 Ordinance Appendix A Vehicle Decals Ordinance Appendix A Solid Waste $35 Ordinance Appendix A Tree Maintenance & Removal $20 Ordinance Appendix A CITY CLERK'S OFFICE Ordinance Appendix A Copies No Charge 0-9 pages; 10 pages $2.50; $0.25/page thereafter up to 100 pages Domestic Partnership Ordinance Appendix A Registration Application Fee $50 Ordinance Appendix A Amendment to Application Fee $25 Ordinance Appendix A Termination of Registration Fee $25 Ordinance Appendix A Liquor Licenses Ordinance Appendix A Brewpub Off-sale Malt Liquor $200 Ordinance Appendix A Brewer's Off-sale Malt Liquor $200 Ordinance Appendix A Microdistillery Cocktail Room $600 Ordinance Appendix A Microdistillery Off-Sale $200 Ordinance Appendix A Brewer's On-sale Taproom $600 Ordinance Appendix A Club (per # members)Ordinance Appendix A 1 - 200 $300 Ordinance Appendix A 201 - 500 $500 Ordinance Appendix A 501 - 1000 $650 Ordinance Appendix A 1001 - 2000 $800 Ordinance Appendix A 2001 - 4000 $1,000 Ordinance Appendix A 4001 - 6000 $2,000 Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 12 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES 6000+$3,000 Ordinance Appendix A Off-sale 3.2 Malt Liquor $200 Ordinance Appendix A Off-sale Intoxicating Liquor $380 Ordinance Appendix A Off-sale Intoxicating Liquor fee, per M.S. 340A.480-3(c )$280 Ordinance Appendix A On-sale 3.2 Malt Liquor $750 Ordinance Appendix A On-sale Culinary Class Limited $100 Ordinance Appendix A On-sale Intoxicating Liquor $8,750 Ordinance Appendix A On-sale Sunday Liquor $200 Ordinance Appendix A On-sale Wine $2,000 Ordinance Appendix A New License Background Investigation (non-refundable) $500 in-state applicant; actual costs for out-of-state applicant may be billed up to a maximum of $10,000 New Store Manager Background Investigation $500 On-sale license renewal per 340A.412, Subd. 2 $500 Temporary On-sale License Fee $100/day Proclamations Framed Proclamation $15 Communications & Technology Cable TV Duplicate DVD, 1 to 4 copies $20/each Duplicate DVD, 5+ copies $15/each Duplicate Video USB (16GB)$20/each GIS Services Custom Mapping Fee - per hour minimum $50 Custom GIS Analysis Fee - per hour minimum $50 Printing 8.5 x 11 (per copy)$0.25 black and white/$0.75 color 17 x 22 $5 24 x 36 $10 36 x 36 $15 COMMUNITY DEVELOPMENT DEPARTMENT Ordinance Appendix A Comprehensive Plan Amendments $2,300 Ordinance Appendix A Conditional Use Permit $2,300 Ordinance Appendix A Administrative $500 Major Amendment $2,300 Ordinance Appendix A Minor Amendment $1,200 Ordinance Appendix A Fill or excavation only $1,200 Fence Permit Ordinance Appendix A Installation $50 Ordinance Appendix A Grant Technical Assistance (DEED, Met Council, Hennepin County, etc.) $3,000 ($2,000 non-refundable)Ordinance Appendix A Numbering of Buildings (New Addresses)$50 Ordinance Appendix A Official Map Amendment $2,250 Ordinance Appendix A Parking Lot Permit Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 13 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Installation/Reconstruction $200 Ordinance Appendix A Driveway Permit $30 Ordinance Appendix A Planned Unit Development Ordinance Appendix A Preliminary PUD $4,000 Ordinance Appendix A Final PUD $2,500 Ordinance Appendix A Prelim/Final PUD Combined $6,000 Ordinance Appendix A PUD - Administrative amendment $500 PUD - Major Amendment $3,000 Ordinance Appendix A PUD - Minor Amendment $1,200 Ordinance Appendix A Recording Filing Fee Ordinance Appendix A Single Family $75 Ordinance Appendix A Other Uses $150 Ordinance Appendix A Registration of Land Use $100 Ordinance Appendix A Sign Permit Ordinance Appendix A Erection of Temporary Sign $40 Ordinance Appendix A Erection of Real Estate, Construction Sign 40+ ft $100 Ordinance Appendix A Installation of Permanent Sign without footings $110 Ordinance Appendix A Installation of Permanent Sign with footings $165 Ordinance Appendix A Super graphic (mural)$40 Ordinance Appendix A Special Permits Ordinance Appendix A Administrative amendment $500 Major Amendment $3,000 Ordinance Appendix A Minor Amendment $1,200 Ordinance Appendix A Street, Alley, Utility Vacations $1,000 Ordinance Appendix A Subdivision Dedication Fee Ordinance Appendix A Park Dedication Fee (in lieu of land)Ordinance Appendix A Commercial/Industrial Properties 5% of current market value of unimproved land as determined by City Assessor Ordinance Appendix A Multi-family Dwelling Units (per dwelling unit)$1,500 Ordinance Appendix A Single-family Dwelling Units (per dwelling unit)$1,500 Ordinance Appendix A Trails (per dwelling unit)$225 Ordinance Appendix A Subdivisions/Replats Ordinance Appendix A Preliminary Plat $2,000 plus 150 per lot Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 14 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Final Plat $750 Ordinance Appendix A Combined Process and Replats $2,500 plus $150 per lot Ordinance Appendix A Exempt & Administrative Subdivisions $500 Ordinance Appendix A Registered Land Survey $2,500 plus $150 per parcel Ordinance Appendix A Subdivision sidewalk cash-in-lieu fee (per square foot) $13 per square foot Tax Increment Financing Application Fee $5,000 Temporary Use Ordinance Appendix A Carnival & Festival over 14 days $2,300 Ordinance Appendix A Mobile Use Vehicle Zoning Permit (Food or Medical)$50 Ordinance Appendix A Time Extension $250 Ordinance Appendix A Traffic Management Plan Ordinance Appendix A Administrative Fee (per square foot gross floor area exclusing parking garages)0.10 Ordinance Appendix A Tree Replacement Ordinance Appendix A Cash in lieu of replacement trees (per inch at diameter standard height) $235 Ordinance Appendix A Variances Ordinance Appendix A Commercial $1,000 Ordinance Appendix A Residential $1,000 Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 15 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Zoning Appeal $325 Ordinance Appendix A Zoning Letter $100 Ordinance Appendix A Zoning Map Amendments (except PUDs)$2,250 Ordinance Appendix A Zoning Permit Ordinance Appendix A Accessory Structures, 200 square feet or less $30 Ordinance Appendix A Zoning Text Amendments $3,200 Ordinance Appendix A ENGINEERING DEPARTMENT Ordinance Appendix A Permit Parking- High School & Medical need No Charge Ordinance Appendix A Mobility Sharing Device Impoundment Impoundment fee $60 per mobility sharing device Storage fee $20 per day if not retrieved on the same day of impoundment. License fee $100 per mobility sharing device Right-of-Way Permits Ordinance Appendix A Base Fee $75.00 Ordinance Appendix A Installation/repair of Sidewalk, Curb Cut or Curb and Gutter Permit $135.00 Ordinance Appendix A Excavation Ordinance Appendix A Hole in Boulevard (larger than 10" diameter)$75.00 Ordinance Appendix A Hole in Road (larger than 10" diameter)$135.00 Ordinance Appendix A Trenching in Boulevard 0-100 ft = $200 Over 100 ft = $200 + $1 per ft over 100 ft Ordinance Appendix A Trenching in Roadway 0-100 ft = $400 Over 100 ft = $400 + $1 per ft over 100 ft Ordinance Appendix A Delay penalty 3 times total permit fee Ordinance Appendix A Trenchless installation Underground placement (boring) (0-100 ft)$1.50/ LF Underground placement (boring) (over 100 ft)$1.00/ LF Obstruction (road, lane, sidewalk, or bikeway closure)$100 per week Ordinance Appendix A Small Cell Wireless Facility Permit Ordinance Appendix A Permit fee $1,500 per antenna Ordinance Appendix A Rent to occupy space on a city-owned wireless support structure $150 per year per antenna Ordinance Appendix A Maintenance associated with space on a city-owned wireless support structure $25 per year per antenna Ordinance Appendix A Electricity to operate small wireless facility, if not purchased directly from utility (i)$73 per radio node less than or equal to 100 max watts; (ii) $182 per radio node over 100 max watts; actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii). Ordinance Appendix A Delay penalty 3 times total permit fee Ordinance Appendix A Temporary No Parking signs (for right-of-way permit work)Deposit of $25/ sign ($100 minimum per permit)Ordinance Appendix A Temporary Private Use of Public Property $800 Ordinance Appendix A Dewatering Permit Ordinance Appendix A Administrative Fee (all permits)$375.00 Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 16 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Discharge to Sanitary Sewer Charge based on duration/volume of discharge Ordinance Appendix A Erosion Control Permit Ordinance Appendix A Application and Review - single family $375.00 Ordinance Appendix A Application and Review - other applicants $800.00 Ordinance Appendix A Deposit - single family $1,500.00 Ordinance Appendix A Deposit - other applicants $3,000 per acre (min. $1,500)Ordinance Appendix A FIRE DEPARTMENT Ordinance Appendix A Car Seat Inspections Resident $0 Non-Resident $0 Knox Box Key Vault Intallation Fee (one-time)$50 Fire Alarms (False) $325 is the current standby rate for a staffed engine Ordinance Appendix A 1st offense w/in year $0 Ordinance Appendix A 2nd offense w/in year $325 Ordinance Appendix A 3rd offense w/in year $325 Ordinance Appendix A 4th offense w/in year $325 Ordinance Appendix A 5th offense w/in year $325 Ordinance Appendix A Each subsequent in same year $325 Ordinance Appendix A Fire Protection Permits (sprinkler systems, etc.) Ordinance Appendix A Operational permits - including commercial kitchen hoods $75 per hour (minimum 1 hour)Ordinance Appendix A Fireworks Display Permit $75 - display set up only Ordinance Appendix A Fire works standby See service fees-fully equipped/staffed vehicle Recreational Fire Lifetime Permit Ordinance Appendix A Service Fees Hourly rate with 2 hours minimum Ordinance Appendix A Service Fee for fully-equipped and staffed vehicles Ordinance Appendix A Ordinance Appendix A Ordinance Appendix A Service Fee of a Chief Officer Hourly rate with 2 hours minimum Ordinance Appendix A Inspections After Hours $90 per hour (2 hour minimum) Ordinance Appendix A Tents and Membrane Permit Ordinance Appendix A Tents/Membrane Structures over 400 sq. ft.$100 Ordinance Appendix A Tent over 200 sq. ft.Ordinance Appendix A Canopy over 400 sq. ft.Ordinance Appendix A Fire Sprinkler System Assessment Application fee one-half of one percent (0.5%) of the petitioned amount, with a minimum fee of $150 and a maximum fee of $751 PARKS AND RECREATION DEPARTMENT RECREATION Amphitheater, Wolfe Park Rental (per hour, 2 hour minimum) City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 17 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Resident $80/hour Non-Resident $90/hour Amphitheater & Park Building, Wolfe Park Rental (per hour, 2 hour minimum) Resident $110/hr Non-Resident $130/hr Court Rental (Tennis, Basketball, Sand Volleyball & Pickle Ball) Resident $30/hr Non-resident $35/hr Field Maintenance (OT rate) Resident $100/hr, two PSW workers Non-resident $120/hr, two PSW workers Field Rental (Baseball & Softball) Resident $90/hr Non-resident $100/hr Field Rental (Soccer) Resident $90/hr Non-resident $100/hr Mobile Stage Rental (per hour) Oak Hill Park Splash Pad Entrance Fee, 3201 Rhode Island Ave Resident Free Non-Resident $1 per person Groups of 10-30 must pre-register $2 per person Park Building Rental (per hour, 2 hour minimum) Damage Deposit $100 Birchwood Resident $70/hr Non-Resident $80/hr Browndale Resident $70/hr Non-Resident $80/hr Louisiana Oaks Resident $70/hr Non-Resident $80/hr Nelson Park Resident $70/hr Non-Resident $80/hr Oak Hill Park Resident $70/hr Non-Resident $80/hr Wolfe Park Resident $70/hr Non-Resident $80/hr Park Rental - Large Event Half Day fee $950 Full Day fee $1,800 Picnic Shelter Rental (per time block: 10 a.m. - 2 p.m. or 4 - 8 p.m.) Damage Deposit $100 Additional Hours (before 11 a.m.) Resident $20/hr Non-resident $25/hr City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 18 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Fern Hill Park Resident $90/time block Non-resident $110/time block Oak Hill Park Central (resident)$95/time block Central (non-resident)$115/time block Main (resident)$120/time block Main (non-resident)$150/time block Wolfe Park East (resident)$95/time block East (non-resident)$115/time block West (resident)$95/time block West (non-resident $115/time block Rec Center Banquet Room Rental (per hour; 2 hour minimum) Damage Deposit $700 Maintenance Fee $75/time Resident Sunday - Friday $75/hr Resident Saturday (8 a.m. to midnight)$750/Saturday Non-resident Sunday - Friday $85/hr Non-resident Saturday (8 a.m. to midnight)$850/Saturday Police Officer (after 9 p.m. events where alcohol is served)$310/event Gallery Room Rental (per hour; 2 hour minimum) Damage Deposit $100 Maintenance Fee $30/time Residents & Non Profit Groups $55/hr Non-resident $65/hr Ice Rink Rental $240/hr plus tax Ice Skating Party (2 hr use of Gallery, 15 pp adm open skate) Resident $115 Non-resident $140 Ice Skating Party (2 hr use of Banquet Room, 15 pp adm open skate) Resident $130 Non-resident $165 Skate rental $3 Skate sharpening $5 Skating Admission - adult $5 Skating Admission - youth & senior $4 Ten Punch Pass - adult $40 Ten Punch Pass - youth & senior $35 Open Hockey Admission $5 Open Hockey Ten Punch Pass $45 Aquatic Park Daily Entrance Rates (resident): Under 1 year old Free 1 to 54 years old $10 55+ years old $6 Twilight (after 4:30 p.m.)$6 Daily Entrance Rates (non-resident): Under 1 year old Free City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 19 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES 1 to 54 years old $15 55+ years old $9 Twilight (after 4:30 p.m.)$9 Season Pass (Resident* & purchased on or before May 31) Under 1 year old Free 1 to 54 years old $60 Caretaker/Nanny $65 55+ years old $50 Twilight (after 4:30 p.m.)$45 Season Pass (Resident* & purchased on or after June 1) Under 1 year old Free 1 to 54 years old $70 Caretaker/Nanny $75 55+ years old $60 Twilight (after 4:30 p.m.)$55 Season Pass (Non-Resident & purchased on or before first day of Aquatic Park) Under 1 year old Free 1 to 54 years old $70 Caretaker/Nanny $75 55+ years old $60 Twilight (after 4:30 p.m.)$55 Season Pass (Non-Resident & purchased after first day of Aquatic Park) Under 1 year old Free 1 to 54 years old $80 Caretaker/Nanny $85 55+ years old $70 Twilight (after 4:30 p.m.)$65 Gazebo Rental (Daily admission/season pass required) Resident $55 per use Non-resident $65 per use Private Aquatic Park Rental $500/hour Lap Lane Rental $75/hr August Season Pass $30 Recreation Outdoor Center (ROC) Dry Floor Rental Damage Deposit $300 Food and Beverage Fee $75 Two Hour Maximum (resident) - space only Resident, space only $55/hr Two Hour Maximum (resident) - space plus additional services Resident, space plus services $100/hr Two Hour Maximum (resident) - space only Non-resident, space only $70/hr Two Hour Maximum (resident) - space plus additional services Non- resident, space plus services $115/hr Ice Rink Rental * (residents)$175/hr plus tax Ice Rink Rental * (non-residents)$180/hr plus tax Skate Rental $3 Skate Sharpening $5 Skating Admission - adult $5 City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 20 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Skating Admission - youth & senior $4 Ten Punch Pass - adult $40 Ten Punch Pass - youth & senior $35 Open Hockey Admission $5 Open Hockey Ten Punch Pass $45 Turf Field Rental (full field - 200' x 85') Resident $60/hr Non-resident $75/hr Skate Park Rental (outdoor)Free admission Resident (private rental)$200/hr Non-Resident (private rental)$400/hr Westwood Hills Nature Center (indoor) Conference Room Damage Deposit $100 Resident per hour (2 hr min.)$55/hr Non-Resident per hour (2 hr min.)$65/hr Multi-Purpose Rooms (A, B or C) Damage Deposit $100 Resident per hour (2 hr min.)$60/hr Non-Resident per hour (2 hr min.)$70/hr Entire Facility Rental Damage Deposit $800 Resident (12 hour rental)$1,600 Non-Resident (12 hour rental)$1,900 Westwood Hills Nature Center (outdoor) Park Building (lower) Rental Damage Deposit $300 Resident - per hour (2 hr min.)$75/hr Non-Resident - per hour (2 hr min.)$85/hr Picnic Shelter (upper) Rental Damage Deposit $100 Resident - per hour (2 hr min.)$135/time block Non-Resident - per hour (2 hr min.)$165/time block Oak Patio Rental Resident per hour (2 hr min.)$37/hr Non-Resident per hour (2 hr min.)$47/hr Observation Deck Rental Damage Deposit $100 Resident per hour (2 hr min.)$40/hr Non-Resident per hour (2 hr min.)$50/hr Winter Outdoor Hockey Rink Rental Resident (during warming house hours)$30/hr Non-Resident (during warming house hours)$40/hr Warming House Rental Resident (after hours)$50/hr Non-resident (after hours)$60/hr Non-resident & Resident (during hours)$20/hr Mobile Food Truck Vendor Permit $50/day per truck Professional Photo & Park Video Shoot (does not include facility rental) Resident Individual $25/hr City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 21 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Non-resident Commercial $125/hr Special Equipment Rental (delivery within City limits only) Damage Deposit Rent to Neighborhood Org. Only 16 Folding Tables and 40 Chairs (resident)$110 16 Folding Tables and 40 Chairs (St. Louis Park Organization)- 8 Folding Tables and 20 Chairs (resident)- 8 Folding Tables and 20 Chairs (St. Louis Park Organization)- Natural Resources & Park Maintenance Community Garden Plot $45/yr Trees - nuisance abatement Fees Private 10% with maximum of $500 Weed Elimination Non-compliance of Weed Nuisance Notice $200 Wood Chip Delivery (within City limits only) 3 cubic yards $80 POLICE DEPARTMENT Animals Ordinance Appendix A Animal Impound Ordinance Appendix A Initial impoundment $40 Ordinance Appendix A 2nd offense w/in year $60 Ordinance Appendix A 3rd offense w/in year $85 Ordinance Appendix A 4th offense w/in year $110 Ordinance Appendix A Boarding Per Day $30 Ordinance Appendix A Dangerous Dog Annual Review Hearing $250 Ordinance Appendix A Potentially Dangerous Dog Annual Review Hearing $250 Ordinance Appendix A Copies & Reports Clearance Letters $5 Accident Photo $10/disk Audio Recording $10 Police Report Certification $1 Body Camera Video Requests $30 Defense Attorney Case Requests $20 Case file request for matters transferred to outside agencies $50 911 Audio Transcription $10 Obtaining audio (if not part of case file) and transcribing $20 Crime Free Multi-Housing Training $40/class Criminal Background Investigation Ordinance Appendix A Volunteers & Employees $5 Ordinance Appendix A False Alarm (Police)Residential/Commercial Ordinance Appendix A 1st offense w/in year $0/$0 Ordinance Appendix A 2nd offense w/in year $100/$100 Ordinance Appendix A 3rd offense w/in year $100/$125 Ordinance Appendix A 4th offense w/in year $100/$150 Ordinance Appendix A 5th offense w/in year $100/$175 Ordinance Appendix A Each subsequent in same year $100/$25 increase Ordinance Appendix A Late Payment Fee 10% Fingerprinting St. Louis Park residents & business needs $25 per card Solicitor/Peddler Registration $150 Peddlers only Ordinance Appendix A Vehicle Forfeiture Ordinance Appendix A Administrative fee in certain cases $250 Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 22 SERVICE 2025 PROPOSED FEE Action Appendix A 2025 Proposed City of St. Louis Park - FEES Public Works Block Party Application (MSC at 7305 Oxford St)No Charge Cone Deposit $10/cone Event Recycling Bin Deposit $100/bin Bulk Water Filling Station ( Pre-purchase at MSC)$7/1,000 gallons Fire Hydrant Use Permit (MSC - approval only by PW/Utilities)$200 connection fee per hydrant $1,500 deposit, $7/1,000 gallons Permit to Exceed Vehicle Weight Limitations (MSC)$50 each Ordinance Appendix A Service Fees (Stop Box Repairs) - MSC Shop Public Service Worker Regular Business Hours $60 After Hours $180 Non-Accessible Meter Charge $100 per month Winter Parking Permit Ordinance Appendix A Caregiver parking $25 Ordinance Appendix A No off-street parking available No Charge Ordinance Appendix A Off-street parking available $125 Ordinance Appendix A City council meeting of August 19, 2024 (Item No. 5f) Title: Second reading and adoption of ordinance relating to 2025 fees Page 23 Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5g Executive summary Title: Second reading of ordinance amending Chapter 22 of the city code regarding bulk material containers Recommended action: Motion to approve second reading of the ordinance amending Chapter 22 of the city code and approve the Ordinance Summary for publication. Policy consideration: Does the city council support allowing bulk material containers in the right of way under certain circumstances? Summary: At the Aug. 5, 2024 council meeting, the city council approved the first reading of the ordinance to amend Chapter 22 of the city code regarding bulk material containers. Chapter 22 of the city code governs the use of bulk material containers and currently prohibits their placement in the right of way in all situations. However, in response to community feedback suggesting that this rule does not fully address local needs and following the council's direction, staff are recommending an amendment to the ordinance. This proposed change would introduce an exemption, allowing bulk material containers to be placed in the right of way under certain conditions. Approval of an exemption to the city code would be determined at the staff level upon finding that the following conditions are satisfied: 1.There is no practical and/or reasonable location for the container to be placed on an individual's lot or driveway, and 2.An exemption will not unreasonably subject the public to harm. All exemption requests that meet the conditions will be issued a right of way permit. Financial or budget considerations: A permit fee will be collected to ensure that city staff costs to monitor the program are covered. Strategic priority consideration: Not applicable. Supporting documents: Ordinance Ordinance Summary for publication Aug. 5 city council report Prepared by: Phillip Elkin, engineering services manager Reviewed by: Debra Heiser, engineering director Approved by: Cindy Walsh, deputy city manager Page 2 City council meeting of August 19, 2024 (Item No. 5g) Title: Second reading of ordinance amending Chapter 22 of the city code regarding bulk material containers Ordinance No. ____ - 24 Amending St. Louis Park City Code Chapter 22 by adding Section 22.63, exemptions to bulk material containers The City of St. Louis Park does ordain: Section 1. St. Louis Park City Code Chapter 22, Article VI, Division 3 is amended by adding the following: Sec. 22-63. Exemptions. The city engineer or designee may grant an exemption to the container location requirements in section 22-62 b of this code upon finding that the following conditions are satisfied: (1) there is no practical and or reasonable location for the container to be placed on an individual's lot or driveway and (2) an exemption will not unreasonably subject the public to harm. In the event an exemption is granted, the work shall be administered and permitted as outlined in Chapter 24, Article VII, Division 2, Work in Public Right-of-way. In addition to the requirements identified in Section 22-62 of this code, any bulk material containers that are granted a location exemption under this section must also comply with the following regulations: (a)Containers permitted in city right-of-way may only be placed in a location that will ensure the least possible obstruction to pedestrian and vehicle traffic as well as provide for the safety of the general public. (b)Containers shall be clearly marked with reflective tape, markings and cones to increase visibility by vehicle and pedestrian traffic. (c)If placed on the street, the location shall conform with all applicable parking statutes, city codes and standards. (d)The container will be hard sided and structurally stable. (e)Containers may only be stored in the street right-of-way front of the applicant's property. (f)Exempt containers shall not be located on an individual lot or parcel for more than 2 consecutive weeks and not more than 2 times during any 12 -month period. (g)Containers are not permitted on city streets from November 1 through April 1 with no exemptions. Page 3 City council meeting of August 19, 2024 (Item No. 5g) Title: Second reading of ordinance amending Chapter 22 of the city code regarding bulk material containers Section 2. This ordinance shall take effect fifteen days after its publication. First Reading August 5, 2024 Second Reading August 19, 2024 Date of Publication August 29, 2024 Date Ordinance takes effect September 13, 2024 Reviewed for administration: Adopted by the city council August 19, 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 Page 4 City council meeting of August 19, 2024 (Item No. 5g) Title: Second reading of ordinance amending Chapter 22 of the city code regarding bulk material containers Summary for publication Ordinance no. ____ - 24 Ordinance amending St. Louis Park City Code Chapter 22 by adding Section 22.63, exemptions to bulk material containers This ordinance amends Chapter 22, Article VI, Division 3 of the St. Louis Park City Code . The ordinance adds Sec. 22-63, which regulates exemptions to the container location requirements in section 22-62 b of the city code. This ordinance shall take effect 15 days after publication. Adopted by the City Council August 19, 2024 Nadia Mohamed /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: Aug. 29, 2024 Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5h Executive summary Title: Resolutions approving grant agreements with MnDOT for Cedar Lake Road and Louisiana Avenue Improvements projects - Ward 4 Recommended action: Adopt resolutions approving grant agreements with MnDOT for Cedar Lake Road and Louisiana Avenue Improvements projects (4023-1100 and 4024-1100). Policy consideration: None Summary: As a part of the 2023 state legislative session, the State of Minnesota appropriated $5,000,000 to the City of St. Louis Park for a grant to complete the Cedar Lake Road and Louisiana Avenue Improvements projects. To receive the funds, separate grant agree ments with the state need to be approved for each type of work being reimbursed by this funding. There are three grant agreements ready for approval, covering costs for the 2024 project currently under construction. Once these agreements are approved, the city can start applying for reimbursement for these costs. A summary of the costs that each agreement covers: Agreement Purpose Amount 163-296-008 Tree removal $19,455.00 163-296-009 Right of way acquisition $541,802.00 163-296-010 Engineering and Administration $3,886,060.00 Total $4,447,317.00 The remaining $552,683.00 in funding will be used for construction engineering and administration for the 2025-2026 project. An agreement will be brought to council for approval once we have an updated contract with Kimley Horn for that work. This will be in early 2025. Financial or budget considerations: This project is included in the city's capital improvement plan (CIP). The total project cost for the 2024-2026 construction of Cedar Lake Road and Louisiana Avenue is estimated at $28,252,970. What follows is a summary of the funding sources for this project: Funding source Municipal state aid $3,030,930.68 City general funds $6,635,864.32 City stormwater funds $1,141,470.00 City sanitary sewer funds $84,800.00 City water funds $3,359,905.00 State appropriation $5,000,000.00 Congressionally directed spending (federal) $2,000,000.00 Federal aid $7,000,000.00 Total $28,252,970.00 Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Resolutions Prepared by: Aaron Wiesen, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of August 19, 2024 (Item No. 5h) Page 2 Title: Resolutions approving grant agreements with MnDOT for Cedar Lake Road and Louisiana Avenue Improvements projects - Ward 4 Resolution No. 24 -__ Local Road Improvement Grant Agreement Grant Terms and Conditions SAP 163-296-008 Whereas, the City of St. Louis Park has applied to the Commissioner of Transportation for a grant from the Local Road Improvement Fund; and Whereas, the Commissioner of Transportation has given notice that funding for this project is available; and Whereas, the amount of the grant has been determined to be $19,455.00 by reason of the lowest responsible bid, Now therefore be it resolved the city of St. Louis Park does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Local Road Improvement Fund any amount appropriated for the project but not required. The mayor, the city manager and the engineering director are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Reviewed for administration: Adopted by the city council August 19, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk City council meeting of August 19, 2024 (Item No. 5h) Page 3 Title: Resolutions approving grant agreements with MnDOT for Cedar Lake Road and Louisiana Avenue Improvements projects - Ward 4 Resolution No. 24 -__ Local Road Improvement Grant Agreement Grant Terms and Conditions SAP 163-296-009 Whereas, the City of St. Louis Park has applied to the Commissioner of Transportation for a grant from the Local Road Improvement Fund; and Whereas, the Commissioner of Transportation has given notice that funding for this project is available; and Whereas, the amount of the grant has been determined to be $541,802.00 by reason of the lowest responsible bid, Now therefore be it resolved the city of St. Louis Park does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Local Road Improvement Fund any amount appropriated for the project but not required. The mayor, the city manager and the engineering director are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Reviewed for administration: Adopted by the city council August 19, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk City council meeting of August 19, 2024 (Item No. 5h) Page 4 Title: Resolutions approving grant agreements with MnDOT for Cedar Lake Road and Louisiana Avenue Improvements projects - Ward 4 Resolution No. 24 -__ Local Road Improvement Grant Agreement Grant Terms and Conditions SAP 163-296-010 Whereas, the City of St. Louis Park has applied to the Commissioner of Transportation for a grant from the Local Road Improvement Fund; and Whereas, the Commissioner of Transportation has given notice that funding for this project is available; and Whereas, the amount of the grant has been determined to be $3,886,060.00 by reason of the lowest responsible bid, Now therefore be it resolved the city of St. Louis Park does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Local Road Improvement Fund any amount appropriated for the project but not required. The mayor, the city manager and the engineering director are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Reviewed for administration: Adopted by the city council August 19, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5i Executive summary Title: Resolution removing parking restrictions at 3601 Lynn Avenue (Traffic Study No. 792) - Ward 2 Recommended action: Motion to adopt resolution rescinding Resolution No. 23-030, removing permit parking restrictions at 3601 Lynn Avenue. Policy consideration: None. Summary: In July 2024, staff received a request from the original applicant at 3601 Lynn Avenue to remove the permit parking adjacent to their property, stating that they sold the property and no longer require permit parking at this address. The parking was installed in 2023 following the city’s permit parking for persons with medical needs practice through Traffic Study No. 774. Engineering staff reviewed this request and recommends the removal of the permit parking. This item is being brought to council since the permit parking was installed by resolution. Future medical needs parking permits will be approved and removed administratively and not brought to council for action. Financial or budget considerations: The cost to remove these controls is minimal and will come out of the general operating budget. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Resolution Resolution 23-030 to be rescinded Location map Prepared by: Kerrwin Dempsey, engineering technician III Reviewed by: Jack Sullivan, engineering project manager Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of August 19, 2024 (Item No. 5i) Page 2 Title: Resolution removing parking restrictions at 3601 Lynn Avenue (Traffic Study No. 792) - Ward 2 Resolution No. 24-____ Removal of permit parking restrictions at 3601 Lynn Avenue Whereas, the City of St. Louis Park received confirmation that the permit parking restrictions at 3601 Lynn Avenue were no longer needed; and Whereas, the permit parking was installed under the city’s permit parking for persons with disabilities or medical needs practice through traffic study no. 774; and Whereas, engineering staff has reviewed this and recommended the removal of said permit parking at 3601 Lynn Avenue, Now therefore be it resolved by the city council of the City of St. Louis Park, Minnesota, that Resolution no. 23-030 is rescinded. Reviewed for administration: Adopted by the city council August 19, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk 36TH ST W36TH ST W LYNN AVE SLYNN AVE S4410 3602 3600 4502 45004504 440844144412 3601 3605 4406 4404 3609 44204422 0 50 10025 Feet Proposed permit parking removal 3601 Lynn Ave S City council meeting of August 19, 2024 (Item No. 5i) Title: Resolution removing parking restrictions at 3601 Lynn Avenue (Traffic Study No. 792) - Ward 2 Page 3 Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5j Executive summary Title: Resolution authorizing final payment for 2023 Pavement Management project (4023 - 1000) - Wards 3 and 4 Recommended action: Motion to adopt resolution accepting work and authorizing final payment in the amount of $140,028.95 for the 2023 Pavement Management project with Bituminous Roadways, Inc. – city contract no. 27-23. Policy consideration: Not applicable Summary: On March 6, 2023, the city council awarded a contract in the amount of $6,833,384.89 to Bituminous Roadways, Inc. for the 2023 Pavement Management project (4023-1000). The project included roadway, utility, and sidewalk construction in the Lenox, Oak Hill, Texa-Tonka and Eliot View neighborhoods, Wards 3 and 4. The final contract amount, $6,772,715.43, is $60,669.46 (0.89%) less than the contract amount awarded. Financial or budget considerations: The final cost of the work performed by the contractor under contract no. 27-23 has been calculated as follows: Original contract (based on estimated quantities) $ 6,833,384.89 Change orders/ extra work +$ 67,369.17 Quantity underruns -$ 128,038.63 Final contract cost $ 6,772,715.43 Previous payments -$ 6,632,686.48 Balance due $ 140,028.95 This project was included in the Capital Improvement Plan (CIP). Funding was provided by the following sources: franchise fees, utility funds and general obligation bonds (sidewalk). 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, interim engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of August 19, 2024 (Item No. 5j)Page 2 Title: Resolution authorizing final payment for 2023 Pavement Management project (4023-1000) - Wards 3 and 4 Discussion Background: Annually, the city rehabilitates several miles of local residential streets as part of the pavement management program. The work included street rehabilitation, which consisted of removing and replacing the existing bituminous pavement and replacing portio ns of concrete curb and gutter where needed. Other work included sidewalk repairs, sewer repairs and select watermain replacement. 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 March 6, 2023, the city council awarded a contract in the amount of $6,833,384.89 to Bituminous Roadways, Inc. for the 2023 Pavement Management project. The final contract amount ($6,772,715.43) was 0.89% less than the contract amount. During construction, some unexpected items came up. This additional work added $67,369.17 to the contract. The contract changes were attributed to: •During construction of watermain services on Louisiana Court, it was determined that some services were a larger size (2-inch) than the typical 1-inch water service. The material for the larger water service size costs more than the typical water service. •To ensure the safety of pedestrians using the new sidewalk on Oak Park Village Drive, staff determined that a fence was necessary along the sidewalk and on top of the new retaining wall. Since the contract did not include a fence at this location, the cost to install the new fence was a change order to the project. This additional work was necessary to ensure quality street, sidewalk and utility infrastructure for years to come. These change orders would have increased the overall cost of the project; however, the overall project was less due to quantity underruns during construction. These quantity underruns resulted in a cost decrease of $128,038.63. They can be attributed to not encountering as much contaminated soil during construction as expected, which would require excavation, hauling and disposal. Financial or budget considerations: The final cost of the work performed by the contractor under contract no. 27-23 has been calculated as follows: Original contract (based on estimated quantities) $ 6,833,384.89 Change orders/ extra work +$ 67,369.17 Quantity underruns -$ 128,038.63 Final contract cost $ 6,772,715.43 Previous payments -$ 6,632,686.48 Balance due $ 140,028.95 This project was included in the Capital Improvement Plan (CIP). Funding was provided by the following sources: franchise fees, utility funds and general obligation bonds (sidewalk). City council meeting of August 19, 2024 (Item No. 5j)Page 3 Title: Resolution authorizing final payment for 2023 Pavement Management project (4023-1000) - Wards 3 and 4 Resolution No. 24-____ Authorizing final payment and accepting work for the 2023 Pavement Management Project City Project No. 4023-1000 Contract No. 27-23 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 March 6, 2023, Bituminous Roadways, Inc. has satisfactorily completed the 2023 Pavement Management project, as per Contract No. 27-23. 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 $6,772,715.43. 4.The city manager is directed to make final payment in the amount of $140,028.95 on this contract, taking the contractor's receipt in full. Reviewed for administration: Adopted by the city council August 19, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5k Executive summary Title: Approve replacement of asphalt paver and tandem dump truck Recommended action: Motion to approve replacement of unit 0827, P285 asphalt paver and unit 1116, tandem dump truck. Policy consideration: Does the city council approve replacing the asphalt paver (unit 0827) and the tandem dump truck (unit 1116)? Summary: Council approval is required because the purchase of both vehicles is over the statutory limit of $175,000. Both vehicles will be purchased from Sourcewill Cooperative procurement which is the State of Minnesota Cooperative Purchasing venture. Asphalt paver: Staff evaluate the equipment based on age, condition and salvage value. The 2008 asphalt paver was scheduled to be replaced in the 2020 capital improvement plan but was used for 4 more years based on the condition of the vehicle. It is now recommended to be replaced. This type of vehicle performs road repair and maintenance. The purchase price of this vehicle is $235,920.40 Tandem dump truck: The 2011 Tandem Dump Truck is scheduled to be replaced in the 2024 capital improvement plan. This type of vehicle performs maintenance duties such as hauling and plowing, which is important to provide safe and clean streets, parks and city properties. Staff evaluated the equipment based on age, condition and salvage value. It is recommended to be replaced as planned. The replacement will be similar in type and use. This purchase price for this piece of equipment is $344,272. Financial or budget considerations: The replaced units will be auctioned, and proceeds will go to the capital replacement fund. 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. Prepared by: Stacy M. Voelker, administrative coordinator Tom O’Donnell, fleet manager Reviewed by: Jason T. West, parks and recreation director Amelia Cruver, finance director Approved by: Cindy Walsh, deputy city manager Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5l Executive summary Title: Resolution authorizing special assessment for sewer service line repair at 3350 Brunswick Avenue South - Ward 3 Recommended action: Motion to adopt a resolution authorizing the special assessment for the repair of the sewer service line at 3350 Brunswick Avenue South, St. Louis Park, MN. P.I.D. 16-117-21-23-0055. Policy consideration: The proposed action is consistent with policy previously established by the city council. Summary: Kaitlin Strand, owner of the single-family residence at 3350 Brunswick Avenue South, has requested the city authorize the repair of the sewer service line for his home and assess the cost against the property in accordance with the city’s special assessment policy. The city requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water and/or sewer service lines for existing homes was adopted by the city council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted and approved by city staff. The property owner hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the city’s special assessment program. The property owner has petitioned the city to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $9,380. Financial or budget considerations: The city has funds in place to finance the cost of this special assessment. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Resolution Prepared by: Beth Holida, office assistant Stacy M. Voelker, administrative coordinator Reviewed by: Emily Carr, assessing technician Austin Holm, utilities superintendent Jay Hall, public works director Approved by: Cindy Walsh, deputy city manager City council meeting of August 19, 2024 (Item No. 5l) Page 2 Title: Resolution authorizing special assessment for sewer service line repair at 3350 Brunswick Avenue South - Ward 3 Resolution No. 24-____ Authorizing the special assessment for the repair of the sewer service line at 3350 Brunswick Avenue South, St. Louis Park, MN P.I.D. 16-117-21-23-0055 Whereas, the property owner at 3350 Brunswick Avenue South, has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 3350 Brunswick Avenue South; and Whereas, the property owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and Whereas, the city council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. Now therefore be it resolved by the city council of the City of St. Louis Park, Minnesota, that: 1.The petition from the property owner requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2.The sewer service line repair that was done in conformance with the plans and specifications approved by the public works department and department of inspections is hereby accepted. 3.The total cost for the repair of the sewer service line is accepted at $9,380. 4.The property owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment, whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution or common law. 5.The property owner has agreed to pay the city for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.5%. 6.The property owner has executed an agreement with the city and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for administration: Adopted by the city council August 19, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5m Executive summary Title: Resolution authorizing special assessment for sewer service line repair at 3309 Zarthan Avenue South - Ward 1 Recommended action: Motion to adopt a resolution authorizing the special assessment for the repair of the sewer service line at 3309 Zarthan Avenue South, St. Louis Park, MN. P.I.D. 16-117-21-24-0149. Policy consideration: The proposed action is consistent with policy previously established by the city council. Summary: Lee Elliott, owner of the single-family residence at 3309 Zarthan Avenue South, has requested the city authorize the repair of the sewer service line for his home and assess the cost against the property in accordance with the city’s special assessment policy. The city requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water and/or sewer service lines for existing homes was adopted by the city council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this is unexpectedly required. Plans and permits for this service line repair work were completed, submitted and approved by city staff. The property owner hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the city’s special assessment program. The property owner has petitioned the city to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $10,580. Financial or budget considerations: The city has funds in place to finance the cost of this special assessment. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Resolution Prepared by: Beth Holida, office assistant Stacy M. Voelker, administrative coordinator Reviewed by: Emily Carr, assessing technician Austin Holm, utilities superintendent Jay Hall, public works director Approved by: Cindy Walsh, deputy city manager City council meeting of August 19, 2024 (Item No. 5m) Page 2 Title: Resolution authorizing special assessment for sewer service line repair at 3309 Zarthan Avenue South - Ward 1 Resolution No. 24-____ Authorizing the special assessment for the repair of the sewer service line at 3309 Zarthan Avenue South, St. Louis Park, MN P.I.D. 16-117-21-24-0149 Whereas, the property owner at 3309 Zarthan Avenue South, has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 3309 Zarthan Avenue South; and Whereas, the property owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and Whereas, the city council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. Now therefore be it resolved by the city council of the City of St. Louis Park, Minnesota, that: 1.The petition from the property owner requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2.The sewer service line repair that was done in conformance with the plans and specifications approved by the public works department and department of inspections is hereby accepted. 3.The total cost for the repair of the sewer service line is accepted at $10,580. 4.The property owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment, whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution or common law. 5.The property owner has agreed to pay the city for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 5.5%. 6.The property owner has executed an agreement with the city and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for administration: Adopted by the city council August 19, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 19, 2024 Consent agenda item: 5n Executive summary Title: Resolution accepting a donation from Discover St. Louis Park for Jason West to attend the US Sports Congress Recommended action: Motion to adopt a resolution approving acceptance of a monetary donation from Discover St. Louis Park in an amount not to exceed $2,500 for airfare, hotel, transportation and per diem related expenses for Jason West, parks and recreation director, to attend the US Sports Congress in Charlotte Harbor, FL on Dec. 8 – 12, 2024. Policy consideration: Does the city council wish to accept the gift with restrictions on its use? Summary: State statute requires city council’s acceptance of donations. This requirement is necessary in order to make sure the city council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Discover St. Louis Park is graciously donating up to $2,500 for airfare, hotel, transportation and per diem related expenses for Jason West, parks and recreation director, to attend the upcoming 2024 US Sports Congress held Dec. 8 – 12, 2024 in Charlotte Harbor, FL. Discover St. Louis Park will pay for the congress registration directly. Jason would attend this event to solicit larger sporting events to St. Louis Park. Jason has attended symposiums such as this for the past several years and made many connections with large event organizers. National hockey, flag football and lacrosse tournaments have made an economic impact on St. Louis Park of over $500,000 per year. The partnership between the city and Discover St. Louis Park has proven to be extremely successful. The city attorney has reviewed this matter. His opinion is that state law permits the payment of such expenses by this organization, regardless of whether the funds come from primary or secondary sources. It is treated as a gift to the city and needs to be a resolut ion adopted by the city council determining that attendance at this event serves a public purpose and accepting the gift. The resolution needs to be adopted before attendance at the conference. Financial or budget considerations: This donation will be used toward the expenses incurred by Jason West’s attendance at the 2024 US Sports Congress held Dec. 8 – 12, 2024 in Charlotte Harbor, FL. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Stacy M. Voelker, administrative coordinator Reviewed by: Jason T. West, parks and recreation director Approved by: Cindy Walsh, deputy city manager City council meeting of August 19, 2024 (Item No. 5n) Page 2 Title: Resolution accepting a donation from Discover St. Louis Park for Jason West to attend the US Sports Congress Resolution No. 24 - ____ Accepting a donation from Discover St. Louis Park for expenses for Jason West to attend the 2024 US Sports Congress in Charlotte Harbor, FL on Dec. 8 – 12, 2024 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 ratify any restrictions placed on the donation by the donor; and Whereas, Discover St. Louis Park will compensate up to $2,500 in costs for the city's parks and recreation director, Jason West, to attend the 2024 US Sports Congress held December 8 – 12, 2024 in Charlotte Harbor, FL; and Now therefore be it resolved, by the city council of the City of St. Louis Park that the gift is hereby accepted with thanks to Discover St. Louis Park with the understanding that it will be used for airfare, hotel, transportation and per diem incurred by Jason West to attend the 2024 US Sports Congress held Dec. 8 – 12, 2024 in Charlotte Harbor, FL. Reviewed for Administration Adopted by the city council August 19, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk Meeting: City council Meeting date: August 19, 2024 Public hearing: 6a Executive summary Title: Approve on-sale intoxicating liquor license with Sunday sales for Marcus West End , LLC - Ward 4 Recommended action: •Mayor to open public hearing, take public testimony and close public hearing. •Motion to approve application from Marcus West End, LLC dba Marcus West End Cinema for an on-sale intoxicating liquor license with Sunday sales for the premises at 1625 West End Boulevard. Policy consideration: Does the applicant meet the requirements for issuance of an on-sale intoxicating liquor license? Summary: The city received an application from Marcus West End, LLC dba Marcus West End Cinema for an on-sale intoxicating liquor license with Sunday sales for the premises located at 1625 West End Boulevard. The premises, formerly occupied by Kerasotes Showplace Theaters, will consist of approximately 95,460 square feet with an indoor-only seating capacity of 2,707, 88 of which are the bar/restaurant location on the third floor with the remaining seating available within fourteen (14) auditoriums. The owner of Marcus West End Cinema is Marcus Cinemas of Minnesota and Illinois, Inc. Gina Schoenholz will serve as on-site manager. The application meets the requirements of the zoning and building divisions. The police department has run a full background investigation, and nothing was discovered that would warrant denial of the license. The application and police report are on file in the city clerks’ office. The required notice of the public hearing was published August 1, 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 $5,220.84 for the prorated on-sale liquor license and Sunday sales license fees. Strategic priority consideration: Not applicable. Supporting documents: None. Prepared by: Amanda Scott-Lerdal, deputy city clerk Reviewed by: Melissa Kennedy, city clerk Approved by: Cindy Walsh, deputy city manager Meeting: City council Meeting date: August 19, 2024 Action agenda item: 7a Executive summary Title: First reading of ordinance rescinding Ordinance No. 2576-19 Efficient Building Benchmarking Recommended action: Motion to approve first reading of the ordinance and set second reading for Sept. 9, 2024. Policy consideration: Does the city council wish to rescind Ordinance No. 2576-19, Efficient Building Benchmarking, and turn administration of commercial energy benchmarking over to the State of Minnesota effective Jan. 1, 2026? Summary: In 2019, city council adopted the Efficient Building Benchmarking ordinance, which requires owners of commercial, multifamily and public buildings 25,000 square feet or larger to report annual whole building energy and water use in order to benchmark energ y consumption and motivate performance improvement. This spring marked the fifth year that the city has required energy and water data collection from approximately 220 buildings. During the 2023 legislative session, lawmakers passed a Statewide Building Energy Use Benchmarking statute. Council has the option to uphold the benchmarking ordinance or rescind the ordinance in favor of the state program. At a May 28, 2024 study session, the city council indicated support for rescinding the Efficient Building Benchmarking ordinance after one more year of administration at the city level; doing so will prevent gaps in annual energy benchmarking reporting for buildings between 50,000 and 99,999 square feet. This timeline aligns with timeline decisions made by other nearby cities with energy benchmarking policies, including Edina and Bloomington. This ordinance is scheduled for its second reading at the Sept. 9, 2024 city council meeting. Although this action is being taken now, the city benchmarking program will continue through 2025, with Jan. 1, 2026 set as the effective date of ordinance rescission. Financial or budget considerations: The Efficient Building Benchmarking ordinance requires additional resources to administer. Contracting for the services provided by the help desk for another year of benchmarking will result in a projected $30,000 budget expenditure, included in the proposed 2025 operating budget. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Minutes of May 28, 2024 study session Draft Ordinance Ordinance 2576-19 to be rescinded Prepared by: Emily Ziring, sustainability manager Reviewed by: Bian Hoffman, building and energy director Approved by: Kim Keller, city manager City council meeting of August 19, 2024 (Item No. 7a) Page 2 Title: First reading of ordinance rescinding Ordinance No. 2576-19 Efficient Building Benchmarking Ordinance No. -24 Rescinding Ordinance No. 2576-19 The City of St. Louis Park does ordain: Whereas, the City of St. Louis Park had established a building energy benchmarking program in Ordinance No. 2576-19 (Chapter 6, Article VIII in the city code); and, Whereas, in 2023 the legislature of the State of Minnesota passed a statute requiring energy benchmarking in buildings statewide effective January 1, 2025 for buildings 100,000 square feet and larger and January 1, 2026 for buildings 50,000 square feet and larger; and, Whereas, the City of St. Louis Park has the option to rescind Ordinance No. 2576-19 and allow the State of Minnesota Department of Commerce to take over administration of energy benchmarking for St. Louis Park buildings; and, Whereas, the city council of the City of St. Louis Park has indicated support for allowing the State of Minnesota Department of Commerce to take over administration of energy benchmarking for St. Louis Park buildings effective January 1, 2026. Now, therefore, be it resolved by the St. Louis Park City Council that, Section 1. Ordinance No. 2576-19 is hereby rescinded and Chapter 6, Article VIII is removed from the city code. Section 2. This ordinance shall take effect fifteen days after its publication. First Reading Aug. 19, 2024 Second Reading Sept. 9, 2024 Publication date Sept. 19, 2024 Effective date Jan. 1, 2026 Reviewed for administration: Adopted by the city council Sept. 9, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren M. Mattick, city attorney Meeting: City council Meeting date: August 19, 2024 Action agenda item: 7b Executive summary Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Recommended action: Motion to approve the first reading of the ordinance and set the second reading for Sept. 9, 2024. Policy consideration: Does the city council support the proposed code amendments to the tree protection regulations in city code? Summary: The tree canopy is diminishing in St. Louis Park as tree removals continue in response to emerald ash borer (EAB) in ash trees, decline in mature oak trees and Dutch Elm disease in elm trees. Tree removal from urban development projects also contributes to canopy loss, although not to the same extent. The city supports tree planting on existing commercial and residential properties through multiple cost-share programs including annual Tree Sale, Shade SLP, Shade SLP+ and Depave SLP. In 2023, city council directed staff to explore strategies to promote tree preservation in St. Louis Park with a focus on heritage trees. Heritage trees are mature trees that contribute greatly to the city’s tree canopy and provide magnified public and env ironmental health benefits compared to smaller trees. This report provides an overview of the proposed amendments to the existing tree protection policy in the city's zoning and vegetation codes. The recommendations include adding a heritage tree definition, implementing heritage tree replacement requirements, offering heritage tree preservation credits and adding tree protection permit requirements. The tree preservation ordinance also includes various updates to the vegetation code to clarify circumstances that require a permit versus written permission and to reflect regulatory changes related to native landscaping as outlined in Minnesota State Statute 412.925. Financial or budget considerations: Additional resources will be required to effectively inspect and enforce existing tree protection codes and the additional code improvements outlined in this report. Staff requested one additional natural resources full-time equivalent (FTE) employee as part of their 2025 operating budget request. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Aug. 28, 2023 study session minutes, May 1, 2024 planning commission study session minutes, May 1, 2024 environment and sustainability commission minutes, June 10, 2024 city council study session minutes, Aug. 7, 2024 planning commission unofficial minutes Prepared by: Katelyn Champoux, associate planner Michael Bahe, natural resources manager Reviewed by: Sean Walther, planning manager/deputy community development director Larry Umphrey, park superintendent Approved by: Kim Keller, city manager Page 2City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Discussion Background Existing condition of the tree canopy The tree canopy, which is the percentage of ground that is covered by tree leaves during the growing season, is diminishing in St. Louis Park. This has been caused primarily by tree removals resulting from emerald ash borer (EAB) in ash trees, decline in mature oak trees and Dutch Elm disease in elm trees. Tree removal from urban development projects is also a contributing factor, although not to the same extent. Tree canopy coverage in the city was estimated at 33.6% in September of 2022, a decline from 38.1% estimated in 2015, although this decrease is not consistent across the community. The history of industrialization and redlining in certain neighborhoods has led to an inequitable distribution of tree cover in St. Louis Park. According to the Growing Shade tool, St. Louis Park had an existing tree canopy coverage of 34.6% in 2021 with c ensus block groups ranging from 12% to 54.1% canopy. Despite the city’s existing programs and policies to address tree loss, canopy decline is expected to continue for the next two to five years as EAB populations peak in the city. Long-term tree canopy goals St. Louis Park recognizes the importance of addressing canopy loss and enhancing the local tree canopy. In past conversations, city council directed staff to establish a long -term tree canopy percentage goal, with the understanding that in the short-to-mid-term the city should expect to see a reduction as EAB-infested trees die. This goal will guide proposed refinements to existing tree preservation strategies and ideas for future policies and programs. On May 28, 2024, staff provided city council with a report establishing long -term tree canopy goals of 30% tree canopy coverage in the city by the end of 2035 and 35% tree canopy coverage by the end of 2045. These goals were developed using multiple indica tors including the current tree canopy percentage, the maximum potential canopy percentage and findings from research of similar goals in adjacent communities. Staff also considered other dynamic and more unpredictable factors such as the number of remaini ng private property ash trees that will succumb to emerald ash borer, future developments and road projects, weather, tree removals from natural decline in mature trees and pressure from invasive pests. Existing tree planting and preservation strategies Tree planting and preservation programs St. Louis Park has several programs to support tree planting and preservation. The city supports tree planting on existing commercial and residential properties through multiple cost-share programs including the annual Tree Sale, full-service planting program, Shade SLP, Shade SLP+ and Depave SLP. The natural resources division manages public trees funded by the Park Improvement Fund and the tree replacement fees collecte d by the city. The city also supports tree health by providing free consultations to property owners to assess tree health, subsidies for fungicide injections to preserve elm and oak trees, and bulk rate discounts for emerald ash borer treatments. A new tree injection cost share program for treatment of Dutch elm disease and two-lined chestnut borer is also launching this spring. Page 3City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Tree planting and preservation policies Additionally, the zoning and vegetation codes provide specific protections for existing trees on public property (including boulevard trees), commercial properties (including office, industrial, and apartment uses), and new subdivisions. Within the zoning code, the landscaping section sets restrictions for tree removal, standards for replacement, and general minimum landscaping planting requirements and standards that are based on either the dimensions of the parcel or scale of development. It does not apply to trees on lots with existing single-family or two-family dwellings. The zoning code provisions for tree removal and replacement apply to significant trees, which the city defines as: “Any tree, with the exception of salix (willow), boxelder, Siberian elm and black locust, is considered to be significant under the landscaping section of the zoning ordinance if it is at least five caliper inches for deciduous trees and six caliper inches for conifers. Aspen, cottonwood, or silver maple are considered significant if they are at least 12 inches in diameter at 4.5 feet from the ground.” Property owners may remove up to 20% of the total diameter inches of significant trees on the site without being required to replace them. Any removal over 20% requires replacement at a rate of 1.5 caliper inches replaced for every one diameter inch removed. Property owners have several options for replacement. They can replace on site, replace off-site in public spaces with city consent, or pay a fee-in-lieu of planting. Previous direction and discussion In 2023, city council directed staff to explore strategies to promote tree preservation in St. Louis Park with a focus on heritage trees. Heritage trees are mature trees that contribute greatly to the city’s tree canopy and provide magnified public and env ironmental health benefits compared to smaller trees. Following this direction, staff researched best practices, reviewed policies with similar goals from neighboring communities and identified potential improvements to the existing tree preservation policy. In May 2024, staff presented the proposed policy amendments to the planning commission (PC) and environment and sustainability commission (ESC). Both the PC and ESC indicated support for the proposed amendments. Staff later brought this proposal to a city council study session on June 10, 2024, during which all council members in attendance indicated support for the proposed changes. Present considerations The following section outlines proposed amendments to the existing tree preservation policy in the zoning code and related language in the vegetation code. Staff believes these amendments will demonstrate the value of heritage trees to the city through a balance of fees for removing and incentives for preserving trees. Heritage tree definition Staff recommend adding a heritage tree definition to recognize the importance of mature trees and promote preservation of these community assets. We reviewed heritage tree definitions from other cities and find the following definition appropriate for St. Louis Park. Page 4City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation A heritage tree is a healthy deciduous tree measuring 30 inches or greater in diameter at standard height (dsh) or a healthy coniferous tree measuring 25 inches or greater in dsh. (Diameter at standard height, or dsh, is a common method used for measuring trees. It refers to a tree’s diameter measured at 4.5 feet (54 inches) above the ground.) Heritage tree replacement requirements As mentioned above, the zoning code allows property owners to remove 20% of the diameter inches of significant trees on a site without requiring replacement. It also requires replacement of significant trees at a rate of 1.5 caliper inches replaced for every one diameter inch removed. Staff recommends keeping this formula for significant trees. For heritage trees, staff recommends requiring replacement of every diameter inch of heritage trees removed from commercial properties and any new subdivisions. Requiring replacement for any heritage tree removal would further emphasize the importance of heritage trees to the community. Staff research found that removal restrictions vary from city-to-city, but cities generally set a heritage tree removal allowance that is equal to or lower than that of significant trees, or other similarly defined trees. Table 1. Proposed tree replacement requirements. Staff recommends requiring a standard heritage tree replacement rate of two caliper inches replaced for every one diameter inch removed to disincentivize heritage tree removal. Heritage tree preservation credits Although existing trees factor into the tree replacement calculations, there is not an explicit credit for preserving trees on site. Adding an explicit credit may better communicate public interests and incentivize property owners to preserve heritage trees on a site. The property owner would benefit from reduced tree removal costs and replacement requirements, while the public would benefit from preserving mature trees that greatly contribute to the local tree canopy. Staff recommends a heritage tree preservation credit that reduces the total inches of trees a property owner must replace. As proposed, property owners would receive a credit of one caliper inch for every one diameter inch of heritage trees preserved on the site . The credit would be limited to 50% of the required replacement total. The intent of providing a 1:1 credit is to further recognize the outstanding benefit of heritage trees and incentivize preservation by reducing tree replacement costs. % tree removal allowed without replacement Replacement rate Significant tree 20% 1.5 Heritage tree 0% 2.0 Page 5City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Tree protection permit Staff recommends requiring commercial properties and new subdivisions to receive approval for a tree protection permit prior to receiving other permit approvals or initiating any site work. The purpose of the tree protection permit is to support tree preservation during d evelopment by ensuring proper installation of tree protection measures. Approval for the tree protection permit will be evaluated as part of the tree protection plan review process. Applicants will need to identify the trees on site planned for preservation and describe the protective measures that will be used. After installation of the tree protection measures, city staff will inspect the site for proper installation and approve the permit. Additional vegetation code updates The tree preservation ordinance includes various updates to the vegetation code to clarify circumstances that require a permit versus written permission and to reflect regulatory changes related to native landscaping as outlined in Minnesota State Statutes 412.925. Resources for implementation Additional resources will be required to effectively inspect and enforce existing tree protection codes and the additional code improvements outlined in this report. Staff requested one additional natural resources full-time equivalent (FTE) as part of their 2025 operating budget request. This FTE would be responsible for the fieldwork required for tree protection code enforcement and dedicate approximately 15 hours per week to these activities. If city council requests additional policy changes outside the scope of this report, staff will need to return later to discuss the resources required for those changes. Summary of public input On Aug. 7, 2024, the planning commission held a public hearing for the proposed tree preservation ordinance. No comments were shared at the public hearing. Vice chair Eckholm indicated his support for the proposed ordinance during the discussion. The motion was moved by Commissioner Merten and seconded by Commissioner Youngquist. The motion passed unanimously with a 5-0 vote. Next steps Conduct the second reading of the ordinance on Monday, Sept. 9, 2024. Staff recommends the ordinance go into effect on Jan. 1, 2025. Page 6City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Ordinance No. ___-24 Ordinance amending Chapter 34. Vegetation, Chapter 36, Article I, Section 36 -4. Definitions, Chapter 36, Article V, Section 36 -364(j). Restrictions for tree removal; standards for replacement and Chapter 36, Article V, Section 36-364(k). Tree protection. The City of St. Louis Park does ordain: Whereas, the city has experienced a decline in tree canopy due to tree removals resulting from emerald ash borer in ash trees, decline in mature oak trees and Dutch Elm disease in elm trees; and Whereas, the city has goals and policies to increase tree canopy to 30% by the end of 2035 and 35% by the end of 2045; and Whereas, due to changes to the Minnesota State Statutes 412.925 regarding native landscaping updates to the vegetation chapter of city code are needed; and Whereas, the planning commission conducted a public hearing on August 7, 2024 on the ordinance; and Whereas, the city council has considered the advice and recommendation of the planning commission (case no. 24-15-ZA), Now, therefore be it resolved that the following amendments shall be made to Chapter 34 of the city code pertaining to vegetation and Chapter 36 of the city code pertaining to zoning: Section 1. Transporting certain types of wood. Section 34-58 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. It is unlawful for any person to transport within the city any bark-bearing elm, wood, or wood infested by disease or inspects insects without having obtained a permit written permission from the city, which shall grant such permits permission when the purposes of this division will be satisfied. Section 2. Permission required. Section 34-81 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. Application for permission to plant such trees shall be made to the director of parks and recreation, stating the variety and precise location proposed for each tree. After the receipt of such an application, the director shall investigate the locality where the trees are to be placed and shall grant a permit written permission only if, in his the director’s judgment, the location is such as to permit the normal growth and development of each tree. The permission shall specify the location, variety and grade of each tree and method of planting, including, among other things, the supplying of suitable soil. The permission shall be good only for the season stated on it in the year issued, and no charge shall be made for such permission. No tree shall Page 7City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation be planted except in accordance with its terms. The specifications of the permission shall be such as will secure the suitable location, planting and growth of each tree. Section 3. Planting requirements. Section 34-83 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. No permit permission for planting of such trees shall be given where the clear space between the curb and sidewalk is less than three feet. Neither shall a permit permission be given where the soil is too poor to ensure the growth of the trees unless the applicant or the owner agrees to excavate a suitable hole of not less than 54 cubic feet and to replace the material removed with suitable good loam. Section 4. Protection of trees. Section 34-85 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. (a)Public trees. No building material, machines or equipment of any description shall be piled near any street tree unless such tree is first sufficiently protected by a proper guard and/or tree protection fencing as described in Section 36-364 to prevent possible injury, and all instructions issued for that purpose by the Director must be promptly complied with by the owner or contractor. (b) Private trees. Trees on private properties (with the exception of existing lots developed with single-family or two-family dwellings) are protected from removal and damage as described in Sec. 36-364. Any person proposing a land disturbing activity on a commercial property or new subdivision shall apply to the city for, and receive approval of, a tree protection permit as described in Sec. 36-364. Section 5. Removal or injury to trees. Section 34-86 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. No person shall remove, destroy, cut, deface or in any way injure or interfere with any tree or shrub on any of the avenues, streets or public grounds, including parks and parkways of the city, without a permit written permission from the director. Section 6. Paving around trees. Section 34-88 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. No paving of any description shall be laid or maintained by anyone between sidewalk and curb which will cut off the air and water from any tree. A space of not less than 50 square feet must be left open for each tree which space may be covered with suitabl e satisfactory iron grate upon a permit of written permission from the director, to whom the plan for such grate must be first submitted. Section 7. Purpose. Section 34-114 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. The purpose of this Article is to establish minimum standards for lawn maintenance while recognizing that a variety of landscapes within a community adds diversity and richness to the quality of life for all residents. Turf grass lawns continue to be recog nized as the dominant feature in the landscape; however, alternatives to this traditional type of lawn, such as Minnesota native plants, are recognized as important parts of a diverse and successful landscape and contribute to a healthy urban ecological system. A parcel with proposed Native Page 8City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Vegetation that exceeds 800 square feet or exceeds 25% of parcel surface area will require a Native Vegetation Permit. Section 8. Definitions. Section 34-115 of the St. Louis Park City Code is hereby amended to delete the struck-out language and renumber this section accordingly. (a) “Maintenance Plan” – a document submitted with an application for a Native Vegetation Permit demonstrating a precise course of maintenance for numerous individual plants in a landscape over months and seasons. (c) “Native Vegetation Permit” – a permit issued by the City pursuant to this article allowing an owner or occupant to cultivate Native Vegetation upon his/her property. A Native Vegetation Permit exempts an owner or occupant from Section 34-116(c). Section 9. Exemptions. Section 34-117 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. (d) Native Landscapes Vegetation, with a Native Vegetation Permit in accordance with Section 34-118 as defined by Minnesota state statute 412.925. Section 10. Native vegetation permit. Section 34-118 of the St. Louis Park City Code is hereby removed. This struck-out ordinance is now regulated pursuant to Minnesota state statute 412.925. (a) Permit. Upon satisfaction and completion of all the requirements of this section, the City Manager or designee shall issue a Native Vegetation Permit. A Native Vegetation Permit permits the permitee to cultivate Native Vegetation and exempts the property from Section 34-116(c). A Native Vegetation Permit shall be valid for five (5) years from the date of approval. The City Manager or designee shall not approve a Native Vegetation Permit for property with unresolved Code of Ordinance violations or administrative citations. (b) Application. The Application for a Native Vegetation Permit which shall be provided by the City Manager or designee shall contain the following: (1) Statement of intent and purpose in cultivating Native Vegetation. (2) Site plan showing lot lines, buildings, location of proposed Native Vegetation, the property’s legal description, and corner visibility requirements as defined by Section 24-47 of the City Code. (3) Latin and common names of the species the property owner or occupant plans to cultivate. (4) Maintenance requirements for said species. (5) Name and address of a professional landscaping company which has been hired to perform maintenance on the Native Vegetation; or the name, address, and qualifications of the person(s) who will be responsible for maintenance of the Native Vegetation. (6) A Maintenance Plan, which shall contain the following: Page 9City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation a) Planting diagram showing the location and mature height of all specimens of Native Vegetation; b) Detailed information on the upkeep of the plantings; and c) Details of any long-term maintenance required for the Native Vegetation. (c) Revocation. The City Manager or designee may regularly inspect any property holding a Native Vegetation Permit for compliance with the Maintenance Plan on file with the City for the property. If any property is not in compliance with the Maintenance Pl an, the permitee may be notified and ordered to bring the property into compliance with the approved permit within thirty (30) days. If the permitee falls to comply with the order, the City Manager or designee may: (1) Revoke the Native Vegetation Permit; (2) Remove all improperly maintained Native Vegetation; (3) Declare the property ineligible for a Native Vegetation Permit, unless sold, for a period of two (2) years; and (4)Assess the property for all costs associated with inspection of the property and any removal of improperly maintained Native Vegetation in accordance with Minnesota Statutes § 429.101. Section 11. Definitions. Section 36-4 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. Diameter at breast standard height (DBH) (dsh) means the diameter of a tree measured at a height of 4 1/2 feet from the ground level. Heritage tree means a healthy deciduous tree measuring 30 inches or greater in diameter at standard height (dsh) or a healthy coniferous tree measuring 25 inches or greater in dsh. Significant tree means any healthy tree, with the exception of salix (willow), Boxelder, Siberian elm and black locust, is considered to be significant under the landscaping section of the zoning ordinance if it is at least five caliper diameter inches for deciduous trees and six caliper diameter inches for conifers. Aspen, boxelder, cottonwood, or silver maple are considered significant if they are at least 12 inches in diameter at 4.5 feet from the ground. Section 12. Restrictions for tree removal; standards for replacement. Section 36- 364(j)(2) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. (2) Private land. This subsection shall not apply to trees removed from existing lots developed with single-family or two-family dwellings. If any existing lot of record is subsequently subdivided, tree replacement shall be required for all of the new resulting lots or parcels. a.No significant tree shall be cut down, destroyed, or removed from any property unless it is authorized by a permit issued by the city in a manner provided by this section. Page 10City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation a.Any person proposing a land disturbing activity shall apply to the city for, and receive approval of, a tree protection permit. No land shall be disturbed until the plan is approved by the City and conforms to the standards set forth herein. b.No land shall be altered which will result in the removal or destruction of any significant tree unless the destruction is authorized by a permit issued by the city. The application for a tree protection such permit shall include the following: 1.The name, address, and phone number of the person applying for the permit. 2.The name and address of the property owner. 3.A tree inventory of the site certified by a registered land surveyor, landscape architect, or forester which identifies the size, species, condition, and locations on the land of all existing significant and heritage trees on the property. In addition, this inventory shall identify all significant and heritage trees which will be cut down, removed, or lost due to grading or other damage. The tree inventory shall be verified by the city forester. 4.Where the tree removal involves the proposed changes include land alteration, a grading plan which identifies the following: i.A minimum scale of one inch equals 50 feet. ii.All existing and proposed contours at two (2) foot intervals. iii.Location of all existing and proposed structures. iv.Any grade change or land alteration, whether temporary or permanent, of greater than one foot measured vertically, affecting 30 percent (as measured on a horizontal plane) or more of a tree's root zone. v.Utility construction which may result in the cutting of 30 percent or more of a tree's roots within the root zone. vi.Any areas where soil compaction is planned to a depth of six inches or more, or of 30 percent or more of the surface of the soil within a root zone. 5.A plan for the protection of trees intended to be saved shall adhere to tree protection methods and locations as outlined in section (k) Tree Protection of this chapter. 6.A statement of the proposed use of the land including a description of the type of building or structure existing or proposed to be constructed on the site. 7.The number, type and size of trees required to be replaced by this section. 8.The proposed locations of the replacement trees. c.Allowable tree removal. Page 11City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation 1.Up to twenty (20) percent of the diameter inches of significant trees on any parcel may be removed without replacement requirements. Replacement according to the tree replacement schedule is required when removal exceeds more than twenty (20) percent of the total significant tree diameter inches. 2.Replacement according to the tree replacement schedule is required for removal of all heritage tree diameter inches. 3.Diseased, dead, or structurally unsound trees are exempt from the provision of this section. The City Forester will make the final determination of whether a tree is diseased, dead or structurally unsound. d.Tree replacement schedule. Tree removals over the allowable tree removal limit on the parcel shall be replaced according to the following schedule: 1.Significant trees shall be replaced with new trees at a rate of one and one half (1.5) caliper inch replaced for every one (1) diameter inch removed. 2.Heritage trees shall be replaced with new trees at a rate of two (2) caliper inches replaced for every one (1) diameter inch removed. e.Heritage tree preservation credits. A credit may be applied to the required tree replacement if a healthy, heritage tree is preserved on a site. The tree must be approved by the city as a quality tree worth saving. The credit will be applied at a rate of one (1) caliper inch for every one (1) heritage tree diameter inch preserved, up to fifty percent (50%) of the required replacement. If a heritage tree for which credit is provided does not survive one year after construction, the developer will be requi red to pay the fee-in-lieu. f.c. Approval of a permit for the rRemoval of any significant or heritage tree or approval of a permit for land alteration which results in tree destruction shall be subject to and conditioned upon the owner or developer replacing the loss or reasonably anticipated loss of all live significant and heritage trees. The amount of trees to be provided in replacement shall be determined by the following formula: 1.Significant trees ((A/B)-0.20) x C 1.5 x A = D C A = Total diameter inches of significant trees lost as a result of land alteration or removal. B = Total diameter inches of significant trees situated on the land. C = Tree replacement constant (1.5). D C = Replacement trees (number of caliper inches). 2.Heritage trees A x 2 - (B - A) = C Page 12City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation A = Total diameter inches of heritage trees lost as a result of land alteration or removal. B = Total diameter inches of heritage trees situated on the land. C = Replacement trees (number of caliper inches) g.Protected tree replacement fee. If a significant or heritage tree that was identified for preservation and received replacement credit or zoning ordinance consideration is removed or damaged during construction, the developer will be required to pay to the city a cash mitigation. The fee is based on the diameter inches of the tree(s) damaged or removed. The fee per diameter inch is set forth in the city’s fee schedule as the cash in lieu of replacement trees fee. h.d. Location of replacement trees. 1.Priority shall be given to locate replacement trees on any part of the parcel where screening is required. 2.If there is insufficient area within the project to plant the required replacement trees, they may be planted within any park, open space, or boulevard within the city as determined by the city provided the city consents in writing. The city may also elect to receive cash in lieu of trees based on a fee per cal iper inch determined by the city council. i.e. Replacement trees shall be of a species similar to the trees which are lost or removed but shall be limited to one of those species shown on the City of St. Louis Park’s Landscape Tree List, as provided by the City. No more than 50 percent of the caliper inches of the replacement trees shall be understory trees. Section 13. Tree protection. Section 36-364(k) of the St. Louis Park City Code is hereby amended to add the following underlined text. (7)Other proposed methods of tree protection may be acceptable if approved by City Forester. Section 14. This ordinance shall take effect on January 1, 2025. Reviewed for administration: Adopted by the city council ___________: Kim Keller, city manager Nadia Mohamed, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First reading August 19, 2024 Second reading September 9, 2024 Date of publication September 18, 2024 Date ordinance takes effect January 1, 2025 Page 13City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Planning commission Study Session Minutes – May 1, 2024 Members present: Jim Beneke, Mia Divecha, Matt Eckholm, Katie Merten, Tom Weber, Jan Youngquist Members absent: none Staff present: Sean Walther, Laura Chamberlain, Katelyn Champoux and Michael Bahe Ms. Champoux and Mr. Bahe introduced themselves and their roles on city staff and planning. Mr. Walther stated the application process for planning commissioner has now ended and 9 applications were received. He noted that the decision should be made in around one month. He added that several commissioners are serving beyond the original term and under the bylaws, they can continue to do so until they are reappointed, or another person is appointed. He noted that city staff and the city council greatly appreciate the continued service of all the planning commissioners and the commission’s patience while the city studies the boards and commissions program, recruitment and selection processes. The city values its volunteer board members and commissioners and the thoughtful consideration and recommendations they provide to the city. 1.Tree preservation ordinance Ms. Champoux and Mr. Bahe presented the staff report and spoke about the proposed amendments to the city’s tree preservation ordinance. Chair Divecha asked when someone pays the tree replacement fee, where does that money go. Mr. Walther stated it goes into a fund for the city’s tree planting programs for public trees on public land. Commissioner Weber noted he has a large tree in his backyard and asked if it were to be struck by lightning, would the city replace it. Mr. Bahe stated no because it is on private property. Mr. Walther stated if it is a significant or heritage tree, the or dinance requires the tree be healthy to be subject to the code. He added an exception would be for commercial or multi-family residential properties with approved landscape plans. They would just need to replant one tree in place of the tree removed in that situation. Chair Divecha asked if this ordinance covers only commercial properties. Mr. Bahe stated commercial and multifamily and new subdivisions are covered. Commissioner Merten asked about what other cities do for tree ordinances. Ms. Champoux stated it is mixed as to what other cities do. Page 14City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Mr. Walther stated after this discussion, the findings will be brought to city council for further discussion before the city starts the formal public hearing process. Commissioner Youngquist asked how the proposed ordinance will define commercial properties. Mr. Walther stated we are using the term broadly in this conversation, meaning commercial of all types, retail, office, industrial, and multifamily residential. Commissioner Youngquist asked if there has been any consideration on how this might affect city goals such as affordable housing and noted the costs of developing affordable housing and tree requirements. Mr. Walther stated staff is aware a balance will ne ed to be struck but added they have not quantified these implications. He added in part the impact on a neighborhood is similar whether it is market rate or affordable development, and we would want to see trees preserved and/or replaced. Mr. Bahe added many tree programming projects and increased city incentives are happening in traditionally lower income areas of the city and restoring the tree canopy in those areas. Commissioner Weber asked where credits go for heritage tree preservation. Ms. Champoux said it would happen when you have a development contract with the city. Mr. Walther stated some trees may be removed for a particular development, but when heritage tre es are preserved, the credit would reduce the replacement requirements for the trees removed and potentially lowering the fees that need to be paid to the city when there is a shortfall of new plantings to cover the replacement requirement. Commissioner Youngquist asked how many heritage trees there are and where they are in St. Louis Park. Mr. Bahe stated on public property staff knows where they are, but not on private property. Mr. Walther commented that staff has really emphasized preserving trees in new development applications near environmentally sensitive areas, such as next to a creek or wetland area, at the edges of lots where they provide screening and are generally out o f the way of new buildings, and when very large and more remarkable mature trees exist. He added the heritage tree definition and canopy goals are new tools to advocate for tree preservation. Commissioner Weber asked how much of an effect there is on the tree canopy with ash tree removals and replacements. Mr. Bahe stated eventually that gap will be filled again but it might take some years for the canopy to be replaced. Commissioner Weber asked if there may be an incentive program for residents to remove a tree where they might receive assistance from the city for replacement of the removed tree if they promise to replace it within a certain amount of time. Commissioner Merten added an education program for residents related to tree removal and replacement may be helpful. Page 15City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Mr. Bahe stated the city would not have the funding for a program like that, and it might be counter to our goals to assist residents unless it were an epidemic. He added city efforts are for tree preservation. Commissioner Merten asked if there is an education program for residents on removal of diseased ash trees. Mr. Bahe stated yes and noted the city received a grant from the DNR for removal and replanting and subsidies for residents for this. Commissioner Beneke asked about replanting. Mr. Bahe stated if someone removes a 30 - inch diameter tree, they need to replant 30 inches of new trees, or approximately 10 -15 new 2-inch to 2.5-inch trees for each large tree removed. Commissioner Weber noted the Three Rivers trail plan and preferred route on Dakota Avenue. He added the city council should add language to the Three Rivers plan that says you must replace the no tree loss option as a parameter of municipal consent, to sav e trees over parking. Mr. Walther stated this may come down to a legal question and there may be a limit on conditions, but noted there are negotiations that can happen. He added the city’s strategic priorities cover trees and environment, as well as the Living Streets Policy, so things are in place already along with the tree preservation ordinance. Chair Divecha asked about the 20% penalty and the credits and asked why there was not just a set penalty for removing a heritage tree. Ms. Champoux stated they worked to find a balance hoping by offering incentives it will be more appealing to folks to pre serve heritage trees. Mr. Walther added the 20% is likely a practical allowance to give some flexibility without penalty. Chair Divecha asked how developers typically react to the tree preservation ordinance and has it ever been a barrier or a non-issue. Mr. Walther stated he is not aware of the penalty causing a developer to walk away from a project. Commissioner Weber asked what happens if a replacement tree dies, and if the owner is responsible for replacement again. Mr. Walther stated there is a 1-year warranty period and inspection and a replacement tree would need to be planted while under warrant y. He also noted that while it is not monitored regularly but staff does review approved landscaping plans when new requests are submitted and if the landscaping has not been maintained, the city can require it to be back brought back into compliance. Mr. Walther stated this will go to city council now for discussion and decisions along with budget considerations. 2.Arrive & Thrive update Ms. Chamberlain presented the report. Commissioner Beneke asked if there are any issues with ground contamination. Ms. Chamberlain stated there is not as much ground contamination in this area, but because it is historically an industrial area with the railroad there, it is an area of concern, especially near Bass Lake and flooding potential. Page 16City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Chair Divecha asked how the smaller building size is enforced. Mr. Chamberlain stated that will be the next step they look at with maximum building widths and guidelines with a zoning district or overlay. Commissioner Youngquist asked about the commercial space that is butted against a trail and also going through a residential area, noting it does not seem it would be successful with only access coming from the west. Ms. Chamberlain stated she will ask the consultant on that, and added the connection would be only for the neighborhood and residential uses. Chair Divecha asked about the pedestrian connections along Beltline Boulevard and asked if the apartments there are occupied now. She noted there is a crosswalk, but not a stop and asked if that is being looked at. Ms. Chamberlain stated that is not being looked at right now, but stated Beltline Boulevard width with the redesign and construction has gone from 4 to 3 lane, and the crossing location is intentional, while there were limits on where to put traffic lights. She stated there may be mitigations to look at now that the apartments are now occupied there. Commissioner Eckholm stated he prefers the higher story building in the Burlington location. Commissioner Weber asked what the future use planned in this location. Ms. Weber stated the future use there is mostly office commercial space but noted in the Phase 2 there was a lot of feedback from residents on how they love the Micro Center store. She noted the city would like to help them find an alternate location as they are a great draw. Commissioner Youngquist asked about a bike ped connection over Hwy. 100. Ms. Chamberlain stated that is not in the plan as this time, but staff is hoping this plan can act as a catalyst for more conversations on this. Commissioner Eckholm asked if there is any way to get a bridge to better connect Wooddale and the Walker Lake area better, such as a bridge extended and turfed to help it feel more like a street to pedestrians with trees. Ms. Chamberlain stated this is being looked at in the long term. Commissioner Youngquist asked if the maroon buildings south of the station are approved but have not been constructed. Ms. Chamberlain stated no, they are similar, but this is more of a general development being shown. She noted EDA still controls the Nash Finch site and a new developer is being researched. Commissioner Youngquist asked since this development will be starting over, why the highest density is not next to the station. Commissioner Eckholm agreed. Ms. Chamberlain stated that is great feedback. Page 17City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Commissioner Eckholm added the Johnny Pops site could also be used. Ms. Chamberlain stated staff is looking at that as well, for higher density and mixed -use development which works well in this area. Commissioner Eckholm asked about Methodist Hospital expansion in the future. Ms. Chamberlain stated Methodist has realized they will not be able to expand in this area due to the railroad spur there. Commissioner Youngquist asked if the large white box north of Methodist is the former Sam’s club. Ms. Chamberlain stated yes. Commissioner Youngquist asked about redevelopment of the parking lot there and if the building was involved in that as well. Ms. Chamberlain stated the city did a study in 2018, and there was a moratorium on development there. She stated the direction for that site was general commercial and then it was reassessed, and the current parking could be used for mixed use and structured parking. She noted that Loffler Corporation moved into the space, invested a lot, and brought 500 employees to the area, right next to the light rail station. She stated as of now, the entire site will not be shown for redevelopment with only the southern portion shown for redevelopment. Commissioner Eckholm added this area — because of soil issues — has a cap of no more than 6 stories that can be built on that site, as well as how much parking can be there. Ms. Chamberlain stated this area is also very hard to redevelop because of soil conditions. Commissioner Weber stated he is hopeful about the proposals for Excelsior Boulevard and if half of this can be completed, that is a win for the community. Ms. Chamberlain agreed and added it is just a question of when this can happen within the 20-year plan. Ms. Chamberlain stated there will be an open house related to Arrive & Thrive on May 14 that commissioners are invited to attend and an online survey to launch this round of the community engagement process. 3.Adjournment – 8:00 p.m. ______________________________________ ______________________________________ Sean Walther, liaison Mia Divecha, chair member Page 18City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Planning commission UNOFFICIAL MINUTES – August 7, 2024 Members present: Jim Beneke, Matt Eckholm, Sylvie Hyman, Katie Merten, Jan Youngquist (arrived 6:05 p.m.) Members absent: Mia Divecha, Tom Weber Staff present: Sean Walther and Katelyn Champoux Guests: None 4.Call to order – roll call. 5.Approval of minutes – May 1, 2024 and May 22, 2024 Vice Chair Eckholm noted on page 6, it should not include the words specifically “…15-18 story building…” It was moved by Commissioner Merten, seconded by Commissioner Beneke, to approve the May 1 and May 22, 2024 minutes with corrections as noted. The motion passed unanimously. 6.Hearings. 3a. Tree preservation ordinance Applicant: City of St. Louis Park Case No: 24-15-ZA Ms. Champoux presented the report. She noted the first reading will go to council on Monday, Aug. 19 and second reading on Monday, Sept. 9, 2024. Commissioner Merten asked about tree preservation credits and if the tree needs to be in good shape and if they would also look at the lifespan of the tree as well. Ms. Champoux stated the city forester does look at trees to make sure they are healthy, but she is not sure about the lifespan question. Commissioner Merten asked about the tree preservation, and if that is for existing homeowners. Ms. Champoux stated the policy applies to commercial and residential properties, which is a broad definition. She noted if a single-family parcel subdivides, it would apply. Commissioner Beneke asked about trees fitting on properties. Ms. Champoux stated if someone could not meet the tree replacement requirements, then the fee would be applied or the option to plant off-site in a public space with city permission. Page 19City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation Commissioner Beneke asked about replacing trees. Ms. Champoux stated it would depend on how many must be preserved, and depending on how many were removed. Mr. Walther added tools will be provided to clarify the formulas within the code on tree replacement. Commissioner Merten asked when the replacement of heritage trees is required, does it need to be a similar tree. Ms. Champoux stated there is direction within the code on type and size required. She stated there is a minimum size requirement of 2.5 caliper inches for new trees and requirements to diversify the types of trees on the site. Mr. Walther added it would need to be a tree “in-kind” and not a dissimilar tree. Commissioner Youngquist asked about the difference between caliper inches and diameter inches noted in the report. Ms. Champoux stated diameter inches are used for mature trees while caliper inches are used for nursery stock trees. Diameter inches are meas ured at 4.5 feet in height and caliper inches are measured closer to the ground. Commissioner Hyman asked how this policy is enforced. Ms. Champoux stated the tree preservation plans are part of landscape plans and are reviewed as part of the planning application process. Landscape inspections are then completed. Mr. Walther stated this relates to new construction or a land disturbance program, importing or exporting soils. Commissioner Hyman asked if there is monetary value or incentives to the preservation credits. Ms. Champoux stated property owners do not receive money for preserving more than they remove. The preservation credit reduces the total replacement requirement up to 50%. If no trees are removed, there is no replacement required and no incentive. Commissioner Hyman asked if there are incentives to locate trees in areas where they are more likely to live rather than in areas that may limit their lifespan such as near sidewalks or close to buildings. Ms. Champoux stated the city’s natural resources department reviews the landscape plans for the proposed location of trees and will recommend the applicant plant a tree in a different location if the originally proposed location is not suitable for healthy tree growth. Commissioner Hyman asked about trees under power lines and how can the city prevent trees being planted there. Ms. Champoux stated if it is on a development and there are comments on a proposal the city would recommend that trees are not planted that would grow into utility lines. Mr. Walther added the city provides advisory on this and educational handouts related to this as well. Vice Chair Eckholm opened the public hearing. There were no comments from the public. Vice Chair Eckholm closed the public hearing. Vice Chair Eckholm thanked staff for this report and stated preserving the tree canopy in St. Louis Park is very important, adding he will support this. Page 20City council meeting of August 19, 2024 (Item No. 7b) Title: First reading of ordinance amending city code Chapters 34 and 36 regarding tree preservation It was moved by Commissioner Merten, seconded by Commissioner Youngquist, to approve the tree preservation policy amendments as presented. The motion passed unanimously. 7.Other Business – none. 8.Communications. Mr. Walther noted the next two meetings are Aug 21 with a BOZA meeting as well as a study session. There will also be a planning commission meeting on Sept. 9. 9.Adjournment – 6:30 p.m. ______________________________________ ______________________________________ Sean Walther, liaison Matt Eckholm, Vice Chair member Meeting: Special study session Meeting date: August 19, 2024 Discussion item: 1 Executive summary Title: Development proposal for 5401 Gamble Drive – Ward 4 Recommended action: Please provide staff with feedback on the proposed redevelopment. Policy consideration: •Is the city council generally supportive of the proposed redevelopment concept? •Is the city council willing to consider a rezoning to a planned unit development? •Is the city council willing to consider a drive-thru in this location if it is well designed and screened? •Is the EDA willing to consider providing tax increment financing for this project? Summary: Hempel has a purchase agreement for 5401 Gamble Drive. The redeveloper proposes to redevelop one of the West End Office Towers and construct a six story, 223-unit mixed-use building with 21,000 square feet of commercial space and may include a grocer. Parking would be provided underground and in a surface lot. The housing would be mixed income with 45 affordable units (20%) available to households earning up to 50% of area median income (AMI), exceeding the city’s inclusionary housing policy requirements. Seven three-bedroom units are included in the proposal to assist in meeting the city council’s goals for family-sized housing. Staff are also working with the redeveloper to include some 30% AMI units in the development. The development would be subject to the city’s green building policy, and in so doing Hempel will likely pursue LEED silver certification. The building will include at least 40 kw photovoltaic panels on the building’s roof. The redeveloper intends to submit applications for a plat and planned unit development. Hempel has also indicated its desire to pursue additional phases if the other West End Office Park sites become available. Therefore, it is recommended that the redeveloper complete an environmental assessment worksheet (EAW) for the area to determine any impacts to the surrounding traffic and utility infrastructure that may occur with a larger redevelopment. City council requested a discussion of this development proposal. Financial or budget considerations: The redeveloper indicates there are extraordinary costs associated with the proposed redevelopment which preclude the project from achieving a market rate of return. Consequently, the redeveloper intends to apply for tax increment financing assistance through the establishment of a housing TIF district. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion; development concept plans; letter from developer. Prepared by: Jennifer Monson, redevelopment administrator Laura Chamberlain, senior planner Reviewed by: Sean Walther, planning manager Greg Hunt, economic development manager Karen Barton, community development director Approved by: Kim Keller, city manager Study session meeting of August 19, 2024 (Item No. 1) Page 2 Title: Development proposal for 5401 Gamble Drive – Ward 4 Discussion Site information: The proposed redevelopment site is located at 5401 Gamble Drive, on the southeast corner of Park Place Boulevard and Gamble Drive, immediately south of the Shops at West End. The site is in the Blackstone neighborhood. Site map: Site area (acres): 3.31 acres Study session meeting of August 19, 2024 (Item No. 1) Page 3 Title: Development proposal for 5401 Gamble Drive – Ward 4 Current use: Surrounding land uses: Office tower North: Shops at West End East: West End Office Park South: West End Office Park West: Costco gas station Current 2040 land use guidance Current zoning OFC- office O office Proposed 2040 land use guidance Proposed zoning OFC - office PUD planned unit development Background: In 2023, Eden Prairie-based Hempel Real Estate purchased the Shops at West End. Since its purchase, Hempel has further invested in the property invigorating the shopping area by attracting new commercial, service, and office tenants including Kiddiwampus, Marcus Theaters, Polestar, Boketto, the Artisan Store and Makerspace, and more. However, Hempel has yet to activate the south end of the shopping area. Hempel would like to pursue additional development to bring activity to the south end of the shopping area by creating a large commercial draw and additional residential units, bringing more people to the area throughout the day, not just during typical working hours. Present considerations: Hempel has a purchase agreement for 5401 Gamble Drive. The redeveloper proposes to redevelop the northwest office tower located within the West End Office Towers complex, and construct a six story, 223-unit mixed-use building with 21,000 square feet of commercial space, potentially including a grocer, restaurant, and coffee shop. Parking for residential units would be provided underground and commercial and guest parking would be located in a surface lot. The redeveloper proposes the coffee shop on the south end of the building facing Park Place Boulevard include a drive-thru. As designed, the drive-thru would be parallel to Park Place Boulevard but would be screened adjacent to the sidewalk. For aesthetic, sustainability, and urban design reasons, staff have encouraged the redeveloper to remove the drive-thru from the project plans. The present office zoning district allows drive-thrus (in-vehicle sales and service) with a conditional use permit. Hempel indicates that income generated from the revenue of the drive-thru helps increase the net operating income for the development. Without the drive-thru, the project’s financial gap would further increase, necessitating a greater request for financial assistance. Hempel has requested city council consider the attached letter outlining Hempel’s development proposal and its desire to include a drive-thru as part of the project. The redeveloper intends to request the city rezone the site from O-Office to PUD planned unit development. A rezoning to a PUD would allow the site to utilize the residential density allowed in the city’s 2040 Comprehensive Plan office land use category, which allows up to 125 units per acre. Study session meeting of August 19, 2024 (Item No. 1) Page 4 Title: Development proposal for 5401 Gamble Drive – Ward 4 Proposed concept rendering Proposed development concept site plan Study session meeting of August 19, 2024 (Item No. 1) Page 5 Title: Development proposal for 5401 Gamble Drive – Ward 4 Inclusionary housing policy: As proposed the development would double the city’s inclusionary housing policy requirements by providing 45 units (20%) available to households earning up to 50% of area median income (AMI) for 26 years. The redeveloper intends to apply for tax increment financing to help offset a portion of the site’s extraordinary costs in order to fill the financial gap in the project’s proforma. The site only qualifies for a Housing TIF district, which requires 20% of the units to be affordable to households earning up to 50% AMI or 40% of the units be affordable to households earning up to 60% AMI. The plans also include seven three- bedroom units to assist in meeting the city council’s goals for family-sized housing. Staff are also working with the redeveloper to include some 30% AMI units in the development. Green building policy: The development will be required to meet the city’s green building policy. This will be the first building required to follow the updated policy adopted in early 2023. To meet policy requirements the redeveloper plans to pursue LEED Silver certification which may include the following: LED lighting, low VOC materials, construction waste recycling, higher efficiency HVAC systems, low flow fixtures, and recycled content materials. The building will also include at least a 40kw rooftop solar array. Request for financial assistance: The redeveloper has determined that there are extraordinary costs associated with the proposed redevelopment which preclude the project from achieving a market rate of return. Consequently, the redeveloper intends to apply for tax increment financing assistance through the establishment of a housing TIF district. Should the council/EDA wish to pursue the proposed development, staff will work with the EDA’s financial consultant, Ehlers, to verify whether in fact a financial gap exists in the project’s financial proforma and determine the appropriate level of assistance, if any. Diversity, equity and inclusion policy: If financial assistance is provided the development is required to adhere to the city’s diversity equity and inclusion policy related to the hiring of BIPOC/AAPI and women-owned business enterprises and workforce goals. The development would seek to comply with the following diversity, equity, and inclusion participation business and workforce participation goals: Participation Goals Women BIPOC/AAPI Business Organization 10% 13% Business Enterprises 6% 13% Workforce 20% 32% Peripheral Enterprises 6% 13% Next steps: If city council supports the proposed redevelopment concept, staff will work with the redeveloper to begin the process of completing an Environmental Assessment Worksheet (EAW) for the four lots in the West End Office Park to determine what impacts to the surrounding traffic and utility infrastructure may occur with a larger redevelopment. Completing the EAW is a several-month process. Study session meeting of August 19, 2024 (Item No. 1) Page 6 Title: Development proposal for 5401 Gamble Drive – Ward 4 While the EAW is being completed, the redeveloper will start working on more detailed concept plans and engineered drawings. Hempel also intends to submit an application for TIF assistance for the EDA’s consideration. A summary of future actions is outlined below. The redeveloper would like to begin construction on the building in April 2025. Previous/future actions Governing body Date Consider distribution of the EAW in the Environmental Quality Board Monitor City Council TBD Consider EAW Finding of Fact and Record of Decision City Council TBD EDA receives report outlining the request for financial assistance EDA TBD Public hearing and recommendation on preliminary and final plat and preliminary and final PUD Planning Commission TBD EDA receives report summarizing business terms related to the contract for private development EDA TBD Consider approval of preliminary and final plat and 1st reading of the PUD ordinance City Council TBD Consider 2nd reading of the PUD ordinance City Council TBD Consider establishing a housing TIF District EDA/City Council TBD Consider approval of the contract for private development EDA TBD ATM TUSHIE MONTGOMERY terasă | 08.01.2024 Cover Sheet | P0 5401 Gamble Drive, St. Louis Park, MN 55416 | 224125A terasă Sheet Index P0 | Cover Sheet P1 | Site Plan P2 | Floor Plan- Levels -1 & 1 P3 | Floor Plan- Levels 2 & 3 P4 | Floor Plan- Levels 4 & 5 P5 | Floor Plan- Level 6 P6 | Elevations P7 | Perspectives P8 | Schematic Rendering P9 | Schematic Rendering P10 | Schematic Rendering P11 | Shadow Study P12 | Shadow Study P13 | City Exhibit P14 | City Exhibit Special study session meeting of August 19, 2024 (Item No. 1) Title: Development proposal for 5401 Gamble Drive - Ward 4 Page 7 6-Story Mixed Used Level 1: Retail & Apartment Lobby Levels 2-6: Apartment Units 1-Story Apt.1-Story RetailSurface Parking 134 Stalls 1-Story 4-Story4-Story 5-Story 5353 Gamble Dr.5354 Parkdale Dr.1 S10 6-Story Mixed Used Level 1: Retail & Apartment Lobby Levels 2-6: Apartment Units 1-Story Apt.1-Story RetailSurface Parking 134 Stalls 1-Story 4-Story 4-Story 5-Story ATM TUSHIE MONTGOMERY terasă | 08.01.2024 Site Plan | P1 5401 Gamble Drive, St. Louis Park, MN 55416 | 224125A SCALE:1" = 160'-0" 2 Key Plan- Site SCALE:1" = 60'-0" 1 Site Plan Proposed 6-StoryMixed Use Building 6-Story Mixed UseLevel 1: Retail & Apartment LobbyLevels 2-6: Apartment Units Surface Parking134 StallsPark Place Blvd.Gamble Dr. Site Triangle- 50' Site Triangle- 50' GarageEntry ServiceEntry +PedestrianCorridor Bus Lane5-Story 4-Story 2-Story 4-Story 2-Story 5-Story ProposedGreenspace Extension of West End Blvd.Apt. EntryDrop-Off Lane5353 Gamble Dr.5354 Gamble Dr.Current TransitShelter Location ProposedLocation of NewTransit Shelter Free-StandingScreen Wall Traffic BarrierArms Drive Thru Entry Special study session meeting of August 19, 2024 (Item No. 1) Title: Development proposal for 5401 Gamble Drive - Ward 4 Page 8 Primary Material Accent Material #1 Aluminum + Glass Railing Accent Fin Element Accent Material #2 Free-Standing Screen Wall Transit Shelter Accent Fin Element Aluminum Balcony Primary Material Accent Material #2 Accent Material #1 Metal Awning Masonry #1 Storefront Glazing Primary Material Retail Signage Storefront Glazing Masonry #1 Aluminum Balcony Primary Material Accent Material #2 Aluminum+Glass Railing Accent Material #1 Perforated Metal Screen Metal Awning Retail Signage Storefront Glazing Masonry #1 Accent Material #1 Primary Material Accent Material #2 Storefront Glazing Masonry #1 Accent Fin Element Accent Material #1 Aluminum + Glass Railing Primary Material Aluminum Balcony Perforated Metal Screen Metal Awning Primary Material Accent Material #2 Accent Material #1 Material Key Primary Material Alt. 1: Stucco Alt. 2: Metal Panel Off-White/ Light Beige Varied Reveals Type: Color: Other: Accent Material #1 Metal Panel Alt. 1: Anodized Copper Alt. 2: Wood-Look Vertically Oriented Type: Color: Other: Accent Material #2 Alt. 1: Metal Panel Alt. 2: Fiber Cement Siding Dark Bronze / Black Type: Color: Other: Masonry #1 Alt. 1 Cast Stone Alt. 2 Utility Brick Light Beige Type: Color: Other: Accent Fin Wood-Look Metal Fin To Match Accent Material #1 Type: Color: Other: All Materials Are Preliminary and Subject to Change Upon Final Material Selection Process. ATM TUSHIE MONTGOMERY terasă | 08.01.2024 Elevations | P6 5401 Gamble Drive, St. Louis Park, MN 55416 | 224125A SCALE: 1" = 40'-0" 1 West Elevation- Park Place Blvd. SCALE: 1" = 40'-0" 2 North Elevation- Gamble Dr. SCALE: 1" = 40'-0" 3 East Elevation Special study session meeting of August 19, 2024 (Item No. 1) Title: Development proposal for 5401 Gamble Drive - Ward 4 Page 9 SCALE: 2 Corner of Gamble Dr. & Park Place Blvd. SCALE: 1 Corner of Gamble Dr. & West End Blvd. ATM TUSHIE MONTGOMERY terasă | 08.01.2024 Perspectives | P7 5401 Gamble Drive, St. Louis Park, MN 55416 | 224125A SCALE: 3 Retail Tenant Corner Special study session meeting of August 19, 2024 (Item No. 1) Title: Development proposal for 5401 Gamble Drive - Ward 4 Page 10 ATM TUSHIE MONTGOMERY terasă | 08.01.2024 Schematic Rendering | P10 5401 Gamble Drive, St. Louis Park, MN 55416 | 224125A P8 Special study session meeting of August 19, 2024 (Item No. 1) Title: Development proposal for 5401 Gamble Drive - Ward 4 Page 11 ATM TUSHIE MONTGOMERY terasă | 08.01.2024 Schematic Rendering | P9 5401 Gamble Drive, St. Louis Park, MN 55416 | 224125A Special study session meeting of August 19, 2024 (Item No. 1) Title: Development proposal for 5401 Gamble Drive - Ward 4 Page 12 ATM TUSHIE MONTGOMERY terasă | 08.01.2024 Schematic Rendering | P10 5401 Gamble Drive, St. Louis Park, MN 55416 | 224125A Special study session meeting of August 19, 2024 (Item No. 1) Title: Development proposal for 5401 Gamble Drive - Ward 4 Page 13 July 29, 2024 Jennifer Monson, AICP Redevelopment Administrator I City of St. Louis Park 5005 Minnetonka Blvd, St. Louis Park, MN 55416 Ill HEMPEL REAL ESTATE 10050 Crosstown Circle Suite 600 Eden Prairie, MN 55344 T 612 355 2600 F 612 355 2801 www.hempelcompanies.com RE: Proposed Redevelopment of 5401 Gamble Drive, St. Louis Park,MN Dear Jennifer: Thank you for our continued conversations regarding the possibility of Hempel acquiring and redeveloping the existing West End I office building immediately south of our Shoppes at West End investment. We are writing this letter as a supplemental addition to our concept plan submittal for the proposed development and request that this letter be shared with the City Council during your upcoming workshop on this topic. As you know, Hempel has worked with the existing property owner, Bridge Investment Group, for the past 12 months in an effort to make a redevelopment of this 3-acre parcel happen. During this relatively challenging time for financing real estate projects, we have been able to remain engaged with the seller in order to bring forward an exciting vision for the redevelopment of this parcel, which we also expect may be a catalyst for the redevelopment of other parcels in this area someday. Special study session meeting of August 19, 2024 (Item No. 1) Title: Development proposal for 5401 Gamble Drive - Ward 4 Page 14 To make the proposed project feasible to redevelop, there are many things that have had to come together, including the following: •TIF - the City's willingness to consider a TIF housing redevelopment district, which helps pay for affordable housing units and drive density on this parcel •Construction costs - construction cost inflation appears to be at a plateau given the slow down and challenges with new construction, but we do not expect this to remain beyond next summer •Existing office tenancies - the seller has maintained short term office tenancies in the existing office building which will not be possible indefinitely; at some point soon, the owner will need to recommit to these tenancies with new investment and the redevelopment window will close on this parcel for the foreseeable future •Anchor tenancy - we are working towards a final commitment by a leading national retail tenant to our redevelopment plan, which will require we break ground no later than spring 2025 to meet their timing. Any delay in the project starting beyond that date will not allow us to deliver the project in time for this anchor tenant delivery •Drive Through - we have proposed one, and only one, drive through retail store incorporated into our proposed development plan for a leading coffee brand. This drive-through will be part of a larger vehicle movement pattern on the west side of the development that includes deliveries for the other retailers. The project's economics are materially and adversely affected without us being able to provide a drive-through for this coffee user, but following is a more complete list of the compelling reasons to approve a Drive Through: o First, the rent that the coffee user will pay for a drive through is worth approximately $2 mm in value to the project and subsidizes the 40+ affordable housing units of the project. A drive through prohibition threatens overall development feasibility unless we can identify an alternative $2 million subsidy, which seems unlikely o Second, we have screened the drive through substantially, and in so doing, have set a new precedent for how drive throughs, if allowed, should be incorporated into any future development and only in a PUD setting o Third, our drive-through is facing property to the west that includes a gas station and substantial surface parked retail properties that will not be affected by the drive-through. We believe our plan meets most all City requirements and, in a PUD, we should be afforded some flexibility to make adjustments to the plan that help financial feasibility, and inclusion of a drive through is our key ask o Fourth, we feel it is important to land this coffee user in the West End and this user is a key amenity for the overall development - Special study session meeting of August 19, 2024 (Item No. 1) Title: Development proposal for 5401 Gamble Drive - Ward 4 Page 15 their internet cafe will be a meeting place for our residents and nearby office tenants o Drive-throughs are a significant benefit to the disabled and others with mobility challenges, versus requiring them to park and traverse into and out of the store and in various weather conditions o Because of the economics that a drive through represents to the project, the project itself is at risk without it and this will be a substantial loss for the area, not just over one project - it would affect any redevelopment possibility for years to come in this location. We ask that the City consider all of these things in either supporting or rejecting our proposed plan as currently presented. Sincerely, Rick McKelvey Senior Vice President Special study session meeting of August 19, 2024 (Item No. 1) Title: Development proposal for 5401 Gamble Drive - Ward 4 Page 16