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HomeMy WebLinkAbout2014/08/18 - ADMIN - Agenda Packets - City Council - Regular Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. AGENDA AUGUST 18, 2014 (Councilmember Hallfin & City Manager Harmening Out) 6:15 p.m. BOARDS & COMMISSIONS INTERVIEWS – Community Room 6:30 p.m. SPECIAL STUDY SESSION – Community Room Discussion Items 1. 6:30 p.m. West End Redevelopment Update 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Recognition of Donations 3. Approval of Minutes 3a. Study Session Minutes July 28, 2014 3b. City Council Meeting Minutes August 4, 2014 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5. Boards and Commissions -- None 6. Public Hearings -- None 7. Requests, Petitions, and Communications from the Public -- None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of Amendments to Chapter 6 and 8 of City Code of Ordinances Recommended Action: Motion to approve first reading of amendments to Chapters 6 and 8 of the City Code of Ordinances relating to Building and Building Regulations and Business Licenses for Massage Therapist, Massage Therapy Establishment and Tobacco Products and Tobacco Related Devices, and set second reading for September 2, 2014. 9. Communications -- None Meeting of August 18, 2014 City Council Agenda CONSENT CALENDAR 4a. Approve a Temporary On-Sale Intoxicating Liquor License for STEP at 6812 West Lake Street for September 5, 2014. 4b. Adopt Resolution authorizing final payment in the amount of $3,493.00 and accepting work for Project No. 2007-2400: Taft Storm Water Lift Station with Magney Construction Inc., City Contract No. 74-13. 4c. Designate Global Specialty Contractors, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $213,000 for the resurfacing of the pool and a $30 per square foot rate for any subsurface repairs that are necessary to the Aquatic Park located at The Rec Center (Project No. 20140070). 4d. Adopt Resolution approving acceptance of a $2,200 donation from the Danicic family for the purchase and installation of a memorial bench in Wolfe Park honoring John R. and Mary Ann Danicic. 4e. Approve for filing Planning Commission Minutes July 2, 2014. 4f. Approve for filing Environment & Sustainability Commission: Sustainable SLP Minutes July 9, 2014. St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting: Special Study Session Meeting Date: August 18, 2014 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: West End Redevelopment Update RECOMMENDED ACTION: No action necessary at this time. The purpose of this discussion is to update the Council/EDA and seek direction regarding the Duke Realty’s new Concept Plan for the eastern portion of its West End development. POLICY CONSIDERATION: Does the City Council desire to further pursue Duke Realty’s new Concept Plan for the eastern portion of the West End property? SUMMARY: The Amended and Restated Redevelopment Contract between the City, EDA, and Duke Realty entered into on May 17, 2010 relative to the multi-phased redevelopment known as The West End contains a timeline of required dates for the commencement and completion of each phase of construction. As stated in the June 23, 2014 Staff Report, Duke has complied with each of the required building commencement and completion dates until now. However, due to market conditions, it has not commenced construction of Phase IIB (an office building consisting of approximately 278,000 square feet along with related site improvements) by the required commencement date of July 1, 2014. In compliance with its contractual obligation and the EDA’s letter of July 9th, Duke wishes to meet with the City Council/EDA to discuss its new Concept Plan for the eastern portion of the site which includes a mix of uses including office, hotel and residential. Representatives from Duke Realty and its new project partner, Dolce Living, will be at the Study Session along with their architect, ESG, to present and discuss their Concept Plan and answer questions. FINANCIAL OR BUDGET CONSIDERATION: None at this time. VISION CONSIDERATION: This project is consistent with the City Council’s strategic direction of being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Prepared by: Greg Hunt, Economic Development Coordinator Sean Walther, Senior Planner Reviewed by: Michele Schnitker, Housing Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director, and City Manager Special Study Session Meeting of August 18, 2014 (Item No. 1) Page 2 Title: West End Redevelopment Update DISCUSSION Current Conditions The eastern portion of The West End development (“subject site”) is approximately 14 acres; 8 acres of which are located in the City of St. Louis Park and 6 acres are in the City of Golden Valley. It is guided and zoned Office. Duke’s current Master Plan for the area calls for a Class “A” office park that includes approximately 1.1 million square feet of office space distributed between three or four office buildings. The office buildings are to be constructed in St. Louis Park and connected to a seven level parking structure constructed in Golden Valley. The area is currently vacant. In 2009, the cities of Golden Valley and St. Louis Park granted Preliminary Planned Unit Development (PUD) approvals for the Master Plan. In addition, a Preliminary Plat was approved for the southernmost office tower site. Since 2009, both cities have granted several extensions to the deadline for Duke Realty to submit Final PUD and Final Plat applications. Duke Realty has not proceeded with office construction due to market conditions. Revised Concept Plan While occupancy rates within the Twin Cities office market, particularly along I-394, are strengthening, it would likely be considerable time before the 1.1 million SF of office space planned for The West End could be fully absorbed. Consequently, Duke is in the process of forming a strategic partnership with Dolce Living, (developers of the Millennium at West End Apartments currently under construction) to pursue a new Concept Plan on the subject site that includes a mix of uses. As envisioned by the partnership, the proposed new uses would be designed to complement, enhance and become an integral part of The West End’s “urban village”. Generally, it creates a residential/hospitality district at the north end of development and an office district to the south. The new plan is conceptual at this stage but will likely include the following key components and urban design features: • Two, 9-11 story office buildings with a total of approximately 578,000 to 700,000 SF of Class A office space between them developed by Duke. • Two, 6 story residential buildings with a total of 400 apartment units between them developed by Dolce Living. • A 6 story, limited service hotel with 150-200 rooms developed by a yet-to-be-named hotel partner. • A structured parking ramp designed to tuck alongside the south bound ramp from I-394 to Hwy 100. • A linear green space providing pedestrian and bicycle connections from 16th Street through the middle of the site to Golden Valley. This area could be utilized by residents, office workers, and hotel guests within The West End area. It would also provide a focal point at the terminus of 16th Street at Utica and visual relief within the redevelopment. This designed outdoor recreational area would be publically accessible but privately owned. • A circular transit bus turnaround at 16th Street and Utica Ave. In addition, as required in the Redevelopment and Planning Contracts, the northern portion of Utica Avenue would be rebuilt with a boulevard in the middle to match the current boulevard south of 16th Street. Special Study Session Meeting of August 18, 2014 (Item No. 1) Page 3 Title: West End Redevelopment Update The proposed Concept Plan is subject to further review and refinement. The precise configuration of the above uses may also be revised in the coming months as the Concept Plan is tested in the marketplace and the completion of the environmental review update. Planning Requirements A revised Concept Plan that introduces new uses would require a Major Amendment to the PUD and a Preliminary Plat. Finally, the environmental impacts of the new Concept Plan would be reviewed and compared to the Alternative Urban Area-wide Review (AUAR) that was updated in 2013. Approximate Construction Timetable The new partnership hopes to begin construction on the hotel, one of the apartment buildings and the linear green space as early as next spring. Construction on the first of the two office buildings would begin as soon as the necessary tenant commitments can be secured. Meeting: City Council Meeting Date: August 18, 2014 Presentation: 2a EXECUTIVE SUMMARY TITLE: Recognition of Donations RECOMMENDED ACTION: Mayor to announce and give thanks and appreciation for the following donations being accepted at the meeting and listed on the Consent Agenda: From Amount For The Danicic Family $2,200 The purchase and installation of a memorial bench in Wolfe Park honoring John R. and Mary Ann Danicic Prepared by: Debbie Fischer, Office Assistant Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: August 18, 2014 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA JULY 28, 2014 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs (arrived at 6:40 p.m.), Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, and Susan Sanger. Councilmembers absent: Jake Spano. Staff present: City Manager (Mr. Harmening), Director of Operations & Recreation (Ms. Walsh), Director of Community Development (Mr. Locke), Economic Development Coordinator (Mr. Hunt), Communications & Marketing Coordinator (Mr. Zwilling), Recreation Superintendent (Mr. West), Rec Center Manager (Mr. Eisold), and Recording Secretary (Ms. Hughes). Guests: Joe Arko, John Basill, and Steve Rosen (St. Louis Park Hockey Association), Steven Maurelli (RSP Architects), and Paul Tucci (Oppidan Investment Company). 1. Future Study Session Agenda Planning – August 25, 2014 Mr. Harmening presented the proposed study session agenda for August 25th and noted that the August 11th study session has been cancelled. Councilmember Sanger requested that a future study session agenda include an update on the Connect the Park! project related to the process and timeline for dealing with requests from residents to add sidewalk segments to the plan. Mayor Pro Tem Mavity requested that Council’s discussion also include a policy update with respect to filling in sidewalk gaps. 2. Outdoor Refrigerated Ice Feasibility Study Ms. Walsh presented the staff report and introduced Steve Rosen, John Basill, and Joe Arko from the St. Louis Park Hockey Association, and Steven Maurelli from RSP Architects. She also introduced Ryan Harper, the Operations and Recreation intern. Mr. Arko stated the St. Louis Park Hockey Association has been growing year over year and last year the Hockey Association spent approximately $35,000 to purchase additional ice time outside the Rec Center and they believe there is a growing need for an additional ice rink. He pointed out that the proposed facility would be available year-round and they are interested in seeing a facility built as a legacy for the City and used for multiple generations. Mr. Maurelli presented several renderings of the proposed outdoor rink including the upper and lower level floor plans and explained the changes in elevation and proposed configuration of locker rooms and bleacher seating. He also presented several renderings depicting non-hockey uses and an interactive model of the project. City Council Meeting of August 18, 2014 (Item No. 3a) Page 2 Title: Study Session Meeting Minutes July 28, 2014 Mayor Jacobs asked about the relocation of the skate park. Ms. Walsh stated that the most logical place for the skate park appears to be Nelson Park, adding that most kids get dropped off at the skate park because most users are a younger age group. Mr. Harmening stated that further analysis would be done related to relocating the skate park and the associated cost if the City continues to explore this project. Mr. Rosen stated the Hockey Association provided the City with $200,000 in 2013 and is willing to provide an additional $300,000 for a total commitment of $500,000 for the first phase of this project and up to $1 million additional for the second phase. Councilmember Sanger stated the City has been working for several years on a potential community center as an addition to the Rec Center and was not willing to have an outdoor refrigerated ice rink jump the queue ahead of a potential community center and felt this project needs to be studied in conjunction with a potential community center, including cost, financing, and whether there is sufficient parking to support all of these activities. Councilmember Lindberg thanked the Hockey Association for their generous financial commitment. He stated the potential community center project is important to him and he wanted to make sure that the potential community center project and possible outdoor refrigerated ice rink project do not compete with one another and that the City figures out how to make it work as seamlessly as possible. He was appreciative of the fact that the facility could be used year-round for other activities and felt it fits with what is going on at the Rec Center. Councilmember Mavity was supportive of continuing to work with the Hockey Association to see if this project can be built and stated it would be important to consider this facility’s operating budget and capital replacement costs as well as future pledges from the Hockey Association. She added she was neutral on the subject of naming rights. Councilmember Sanger stated her opposition to naming rights and did not think community buildings should be billboards for corporations. Mr. Harmening noted that Council would have complete control over naming rights because this is a City-owned facility. Councilmember Mavity stated her concern about an equity issue in that the Hockey Association consists primarily of young white males, which does not represent the St. Louis Park community. She challenged the Hockey Association and the City to find ways to address this issue so that the City is not investing millions of dollars on a project that does not advance all members of the community. Councilmember Hallfin spoke in favor of the proposed ice rink facility and agreed it would be reasonable to wrap this facility in with the proposed community center project if possible. He spoke in favor of sponsorships and was open to hearing more about possible naming rights. Councilmember Brausen thanked the Hockey Association for its donation and for the great work they are doing in the community. He stated if this facility was a standalone project and Council City Council Meeting of August 18, 2014 (Item No. 3a) Page 3 Title: Study Session Meeting Minutes July 28, 2014 was not discussing a potential community center, this project would be a no brainer given the fact that the Hockey Association is kicking in a significant portion of the cost of the project. Councilmember Sanger stated that Council does not yet have refined cost estimates on the community center project and did not believe Council could make a decision on this facility until it has further information regarding the potential community center project. Council discussed the timeframe for making a decision on the proposed outdoor refrigerated ice rink as well as the potential community center project. Mr. Harmening stated that the next step if Council desires to move forward includes schematic design, refining the cost estimates, and preparation of a funding plan and this information would be available for Council review sometime this fall. Ms. Walsh agreed to prepare a plan for next steps and report back to Council in the near future. It was the consensus of the City Council to direct staff to continue to work with the Hockey Association on further design and funding for an outdoor refrigerated ice rink. This project will be discussed again when the Council talks about the Community Center. 3. Redevelopment Proposal for the Former Bally Total Fitness Block Mr. Hunt presented the staff report and advised that Oppidan Investment Company has an option to acquire the former Bally Total Fitness property and wants to raze the building and parking ramp and replace it with a mixed use development. He stated that Oppidan has also proposed to purchase the EDA property in order to accommodate the development for the entire block. He then introduced Mr. Paul Tucci with Oppidan Investment Company. Mr. Tucci explained that Oppidan has a Purchase Agreement for the Bally site that includes a 26,000 square foot grocery store concept with a liquor store that will require a separate entry. He stated the proposal also includes 157 apartment units consisting of approximately 60-65% one- bedroom units and 35% two-bedroom units and two levels of underground parking. He noted that they have talked to third party professionals about the right mix of apartments on this site and whether the market can support three-bedroom units and the fairly resounding answer was that three-bedroom units would not work on this site. He presented several preliminary drawings of the proposed redevelopment and advised that their market study indicates rents in the $1.90/square foot range and there is a need for TIF assistance in the amount of approximately $4 million. Councilmember Mavity expressed support for the redevelopment of the site and stated that this project will need to go through a neighborhood process and encouraged the developer to get the neighborhood involved early. She stated the City has worked hard to make sure that its public spaces are vibrant and engaged and was concerned that the preliminary drawing shows almost an entire block with a door on one end and a door on the other end with nothing in between and this is not what the City is trying to create on Excelsior Boulevard. She was amenable to considering some TIF assistance but felt that $4 million in TIF assistance was high. Councilmember Hallfin stated it would be important for Council to remain mindful of the Bridgewater Bank redevelopment proposal that includes apartment units. He added that Council has also not seen any traffic studies on this. City Council Meeting of August 18, 2014 (Item No. 3a) Page 4 Title: Study Session Meeting Minutes July 28, 2014 Councilmember Sanger stated she would be willing to sell the EDA parcel and also agreed that a mixed-use development makes sense on this site. She shared Councilmember Mavity’s concerns about the look of the grocery store building and the dead spots and stated she wanted to see a much more architecturally appealing building. She expressed continued concern about the number of one-bedroom apartment units being built in the City and was concerned about what happens in ten or fifteen years when this demographic group is not renting all these apartments. Councilmember Mavity referenced the Met Council and Thrive MSP projections to 2040 indicating that only 1 in 5 households will have children and the rest of the households represent aging baby boomers and others, adding that three-bedroom units have the highest vacancy rates and studios and one-bedroom units have the lowest vacancies. Councilmember Brausen spoke in favor of the redevelopment concept adding that he agreed the developer could do something on the streetscape to make it more inviting. He stated that he would like to see 15% affordable housing at 60% AMI in this project, especially since the City is being asked to provide TIF assistance. Councilmember Lindberg spoke in favor of the redevelopment proposal and stated he was in favor of selling the EDA parcel and was willing to consider TIF assistance, adding that he wanted to see this type of project built in this area and to make Excelsior Boulevard as walkable and pedestrian friendly as possible. Councilmember Mavity indicated her concern that this area was losing its local flavor with the local businesses and suggested that Council consider providing density bonuses in this area and/or other ways to incent local businesses in this area as part of Council’s discussion of its housing policy. It was the consensus of the City Council/EDA to direct staff to continue working with Oppidan Investment Company on the mixed-use redevelopment of the former Bally Total Fitness block, including an affordable housing component; the exterior building design related to the Excelsior Boulevard frontage; parking and traffic issues; and a process for community engagement. There also was consensus support for selling the EDA parcel as part of the proposed redevelopment; and for considering a request for TIF assistance with requiring further information prior to making a commitment of a precise amount. Councilmember Mavity suggested the developer consider putting in an “hour car” whereby the City could possibly provide some reduction in the number of required parking stalls. 4. Meeting with Congressman Ellison Mr. Harmening stated the meeting with Congressman Ellison is on Friday, August 8th, at 9:00 a.m. and Congressman Ellison has indicated he is interested in hearing more about the City’s organics program. He also requested input on topic areas that Council would like to discuss at a future meeting with Hennepin County Commissioner Marion Greene. Councilmember Mavity requested that the meeting agenda with Congressman Ellison include a discussion about the effort being led by Senator Klobuchar on freight safety and what it means for the City’s station areas. She also requested that Council discuss with Congressman Ellison the possible pilot project related to fiber at the Louisiana Avenue station area. City Council Meeting of August 18, 2014 (Item No. 3a) Page 5 Title: Study Session Meeting Minutes July 28, 2014 Mr. Harmening suggested that the meeting agenda with Congressman Ellison include a discussion of transportation funding in particular Southwest LRT. Councilmember Brausen suggested that Council discuss with Congressman Ellison the use of joint development funds toward station area planning. Councilmember Sanger suggested that Council discuss with Congressman Ellison the situation with child refugees coming to Minnesota from Mexico and the reports indicating that the agencies cannot handle all the refugees. It was the consensus of the City Council that the agenda for the meeting with Hennepin County Commissioner Greene should include TSAAP station area planning, joint development, and Southwest LRT. Councilmember Mavity suggested that Commissioner Greene be provided a briefing on the City’s affordable housing policy. Councilmember Mavity suggested inviting Commissioner Greene on the City Council bike tour scheduled for September 20th. Communications/Meeting Check-In (Verbal) Councilmember Brausen stated that Jim Brimeyer has been an advocate for a more aggressive affordable housing policy and last week when the Met Council was ready to adopt a plan that had been amended by the housing committee, it was voted down as too aggressive and he suggested working with the housing advocacy community on this issue. Mayor Jacobs agreed to discuss this issue with Mr. Brimeyer and report back to Council. Mr. Harmening advised that the Wooddale Flats groundbreaking is scheduled for Wednesday, July 30, at 11:00 a.m. and Mayor Jacobs, and Councilmembers Lindberg and Mavity would be attending. The meeting adjourned at 9:04 p.m. Written reports provided and documented for recording purposes only: 5. June 2014 Monthly Financial Report 6. Second Quarter Investment Report (April – June 2014) 7. Project Update – Sanitary Sewer Project (MCES Hopkins Interceptor Rehabilitation) 8. Update on Pop-Up Event 9. Cable TV Franchise Fee Compliance Auditor Selected ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: August 18, 2014 Minutes: 3b UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA AUGUST 4, 2014 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, and Susan Sanger. Councilmembers absent: Jake Spano. Staff present: Deputy City Manager/Director of Human Resources (Ms. Deno), Director of Community Development (Mr. Locke), Housing Supervisor (Ms. Schnitker), Housing Programs Coordinator (Ms. Olson), Interpretive Naturalist (Ms. McConnell), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Recognition of Donation Mayor Jacobs expressed the City Council’s thanks and appreciation to Blue Cross Blue Shield of Minnesota for its generous donation to the Health in the Park program. 2b. Westwood Hills Nature Center Junior Naturalists Recognition Ms. McConnell stated the Junior Naturalists gain experience working with and educating kids and caring for and observing animals and the Junior Naturalists are a critical factor to offering high quality programs to residents and surrounding communities. She stated this year’s program included 57 youth volunteers who have donated approximately 1,600 hours to the programs at the Nature Center and it was her honor to invite the Mayor and City Council to recognize the accomplishments of the 2014 Junior Naturalists program. Mayor Jacobs presented Certificates of Appreciation to each of the Junior Naturalists and thanked them for their service. He also thanked all the families for their support. 3. Approval of Minutes 3a. Special City Council Meeting Minutes July 14, 2014 Councilmember Brausen requested that the second sentence of the fourth paragraph on page 3 be revised to state “He challenged Hennepin County, HCRRA, the County’s Transit Improvement Board, Met Council, and City and Southwest LRT project staff to work hard to make sure these improvements are done so that Southwest LRT is successful and functional.” City Council Meeting of August 18, 2014 (Item No. 3b) Page 2 Title: City Council Meeting Minutes August 4, 2014 The minutes were approved as amended. 3b. Study Session Minutes July 14, 2014 The minutes were approved as presented. 3c. Special Study Session Minutes July 21, 2014 The minutes were approved as presented. 3d. City Council Meeting Minutes July 21, 2014 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Approve the Blue Cross Blue Shield of Minnesota Active Living for All Master Agreement relating to the Health in the Park initiative. 4b. Accept for filing City Disbursement Claims for the period of June 28 through July 25, 2014. 4c. Approve for filing Parks & Recreation Advisory Commission Minutes February 19, 2014. 4d. Approve for filing Parks & Recreation Advisory Commission Minutes March 19, 2014. 4e. Approve for filing Parks & Recreation Advisory Commission Minutes April 23, 2014. 4f. Approve for filing Board of Zoning Appeals Minutes May 27, 2014. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Spano absent). 5. Boards and Commissions – None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Approval of City’s Revised Housing Goals Ms. Schnitker presented the staff report and Revised Housing Goals and explained that the Housing Goals include a continuing priority for improving the City’s single family housing stock and a high priority on home ownership, as well as a greater emphasis on multi-family housing and promoting low and moderate income housing. She recited the City Council Meeting of August 18, 2014 (Item No. 3b) Page 3 Title: City Council Meeting Minutes August 4, 2014 general policy statement contained in the Housing Goals and explained that the goals include five primary subject areas, i.e., single-family homes, multi-family, home ownership, affordable housing, and preservation, safety and sustainability, with specific goals included under each of the subject areas. She advised that after the Housing Goals are approved, a public hearing at the Planning Commission will be scheduled to amend the Housing Chapter of the Comprehensive Plan updating the housing goals; in addition, Council will approve the Comprehensive Plan amendment and Met Council will review the proposed amendment. She added that further development and Council review of specific strategies and initiatives will take place, including the inclusion of affordable housing units in new market rate developments that receive financial assistance from the City. Councilmember Brausen thanked staff for all their work on the Housing Goals and stated he is an advocate for affordable housing and believes it is essential for the City to develop strategies that will promote the development of new affordable housing and encouraged staff to continue working on developing new affordable housing options. Councilmember Mavity thanked Council and staff for their efforts in creating this policy and stated that the City will continue to have pressure for new housing and encouraged the City to remain proactive in providing a range of creative housing options. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to approve the City’s Revised Housing Goals, as presented. Councilmember Sanger emphasized the importance of making sure the City’s housing stock is well maintained and safe and making sure the housing stock does not become blighted. She felt it was important to make sure there is sufficient housing stock available for families with children and making sure the housing stock accommodates families over many years to come so the community can stay healthy and grow. The motion passed 6-0 (Councilmember Spano absent). 9. Communications Mayor Jacobs reminded residents about National Night Out on Tuesday, August 5th and thanked all the City staff for organizing and facilitating all the block parties. He also reminded residents about the upcoming Primary Election on Tuesday, August 12th. 10. Adjournment The meeting adjourned at 7:56 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: August 18, 2013 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Temporary On-Sale Intoxicating Liquor License – STEP RECOMMENDED ACTION: Motion to Approve a Temporary On-Sale Intoxicating Liquor License for STEP at 6812 West Lake Street for September 5, 2014. POLICY CONSIDERATION: Does Council agree with staff’s recommendation to approve a Temporary On-Sale Intoxicating Liquor License for STEP during their social event scheduled for Friday, September 5, 2014? BACKGROUND: STEP has made application for a Temporary On-Sale Intoxicating Liquor License for their social event for residents and businesses to be held on Friday, September 5, 2014. The event will take place from noon to 9:00 pm. The Police Department has completed the background investigation on the principals and has found no reason to deny the temporary license. The applicant has met all requirements for issuance of the license, and staff is recommending approval. FINANCIAL OR BUDGET CONSIDERATION: The fee for a temporary liquor license is $100 per day of the event. VISION CONSIDERATION: Not Applicable. Attachments: None Prepared by: Kay Midura, Office Assistant – City Clerk’s Office Reviewed by: Nancy Stroth, City Clerk Nancy Deno, HR Director/Deputy City Manager Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: August 18, 2014 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Approve Final Payment for Project 2007-2400 – Taft Storm Water Lift Station City Contract No. 74-13 RECOMMENDED ACTION: Motion to Adopt Resolution authorizing final payment in the amount of $3,493.00 and accepting work for Project No. 2007-2400: Taft Storm Water Lift Station with Magney Construction Inc., City Contract No. 74-13. POLICY CONSIDERATION: Not applicable. BACKGROUND: Bids were received on May 16, 2013 for Phase II of the Taft Storm Water Lift Station Improvements – Project No. 2007-2400. The Taft Storm Water Lift Station is located in the southwest corner of South Oak Pond. The work included in the project was the installation of two submersible pumps and pump controls with St. Louis Park SCADA interface. City Council awarded the project to Magney Construction Inc. on June 3, 2013 in the amount of $174,650. The Contractor completed this work within the contract time allowed at a final contract cost of $174,650. FINANCIAL OR BUDGET CONSIDERATION: Phase II of this project was programmed in the Capital Improvement Program (CIP) for construction in 2013 at a total projected cost of $215,000. This project will be funded by the Storm Water Utility Fund. VISION CONSIDERATION: Not applicable. Attachments: Resolution Prepared by: Joseph Shamla, Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Jay Hall, Utilities Superintendent Approved by: Tom Harmening, City Manager City Council Meeting of August 18, 2014 (Item No. 4b) Page 2 Title: Approve Final Payment for Project 2007-2400 – Taft Storm Water Lift Station RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING FINAL PAYMENT AND ACCEPTING THE WORK FOR THE TAFT STORM WATER LIFT STATION PROJECT CITY PROJECT NO. 2007-2400 CONTRACT NO. 74-13 NOW THEREFORE 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 June 3, 2013, Magney Construction, Inc. has satisfactorily completed the Taft Storm Water Lift Station Project, as per Contract No. 74-13. 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 City Manager is directed to make final payment on the contract, taking the contractor's receipt in full. Original Contract Price $ 174,650.00 Contract Amount $ 174,650.00 Previous Payments $ 171,157.00 Balance Due $ 3,493.00 Reviewed for Administration: Adopted by the City Council August 18, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: August 18, 2014 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Bid Tabulation: The Rec Center Aquatic Park Resurfacing – Project No. 2014-0070 RECOMMENDED ACTION: Motion to designate Global Specialty Contractors, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $213,000 for the resurfacing of the pool and a $30 per square foot rate for any subsurface repairs that are necessary to the Aquatic Park located at The Rec Center (Project No. 2014-0070). POLICY CONSIDERATION: Does Council wish to move forward with the repair and resurfacing of the pool? BACKGROUND: The Rec Center Aquatic Park pool surface is the original surface from the 1997 construction of the Aquatic Park. It is starting to fail in areas and has developed some pot markings in the deep end, encouraging algae growth. Resurfacing the pool will rectify these issues and provide a new quality pool surface. Bids were received on August 11, 2014 for resurfacing of the Aquatic Park. An advertisement for bid was published in the Sun-Sailor on July 24 and 31, 2014. In addition, plans and specifications were noticed on the City Website and made available electronically via the internet by our vendor QuestCDN.com. Email notification was provided to five minority associations and final printed plans are made available for viewing. SUMMARY: A total of two (2) bids were received for this project. A summary is as follows: CONTRACTOR BID AMOUNT Unit Price Total Global Specialty Contractors, Inc. $213,000 $30 per sq. ft. Mid-America Pool Renovation, Inc. $325,765 $9.32 per sq. ft. A review of the bids indicates Global Specialty Contractors, Inc. submitted the lowest bid. Global Specialty Contractors, Inc. is a reputable contractor that has successfully worked for the City of Winona and Aberdeen, South Dakota in the past. Staff recommends that a contract be awarded to the firm in the amount of $213,000 for the resurfacing of the pool and a $30 per square foot rate for any subsurface repairs that are necessary. Work is scheduled to begin April 1, 2015 (weather permitting) and is anticipated to be completed by May 29, 2015. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and included in the City’s adopted Capital Improvement Program with an estimated budget of $260,000. We anticipate this coming in at or under budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Stacy Voelker, Administrative Secretary Jason Eisold, Rec Center Manager Reviewed by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: August 18, 2014 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Accept Donation from the Danicic Family RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a $2,200 donation from the Danicic family for the purchase and installation of a memorial bench in Wolfe Park honoring John R. and Mary Ann Danicic. 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. The Danicic family graciously donated $2,200 for the purchase and installation of a memorial bench. The donation is given with the restriction that the bench be placed in Wolfe Park honoring John R. and Mary Ann Danicic. FINANCIAL OR BUDGET CONSIDERATION: This donation will be used to purchase and install a memorial bench in Wolfe Park. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Stacy M. Voelker, Administrative Secretary Rick Beane, Park Superintendent Reviewed by: Cindy Walsh, Director of Operations & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of August 18, 2014 (Item No. 4d) Page 2 Title: Accept Donation from the Danicic Family RESOLUTION NO. 14-____ RESOLUTION APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $2,200 TO PURCHASE AND INSTALL A MEMORIAL BENCH IN WOLFE PARK HONORING JOHN R. AND MARY ANN DANICIC 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, the Danicic family donated $2,200 to purchase and install a memorial bench in Wolfe Park honoring John R. and Mary Ann Danicic; 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 the Danicic family with the understanding that it must be used to purchase and install a memorial bench in Wolfe Park. Reviewed for Administration Adopted by the City Council August 18, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: August 18, 2014 Consent Agenda Item: 4e OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA JULY 2, 2014 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Lisa Peilen, Richard Person, Carl Robertson, Joe Tatalovich MEMBERS ABSENT: Claudia Johnston-Madison, Robert Kramer, Charlie Dixon (youth member) STAFF PRESENT: Emily Goellner, Gary Morrison, Nancy Sells, Rick Beane, Parks Superintendent 1. Call to Order – Roll Call 2. Approval of Minutes of May 7, 2014 Commissioner Person made a motion of approval for the May 7, 2014 minutes. Commissioner Peilen seconded the motion, and the motion passed on a vote of 4-0-1 (Robertson abstained). 3. Public Hearings A. Conditional Use Permit for Importing Fill Location: Dakota Park Field – 2643 Dakota Avenue South Applicant: City of St. Louis Park Case No.: 14-15-CUP Emily Goellner, Community Development Intern, presented the staff report. She explained that the conditional use permit is requested to import 730 cubic yards of fill for the northernmost baseball field in Dakota Park. The proposed project would improve drainage on the field. Ms. Goellner said the project is anticipated to begin in late July, with most of the hauling of soil into the site completed before Peter Hobart Elementary begins the school year. The project would be completed in November. Ms. Goellner reviewed the hauling route. Commissioner Tatalovich asked if this project had been planned all along or if it became necessary due to the large amount of rainfall received recently. Rick Beane, Parks Superintendent, remarked that the project has been planned for many years. Chair Carper asked why conditions of approval don’t include sufficient road cleaning to be done by the contractor. Mr. Beane responded that cleaning is part of the contractor’s responsibility and that requirement will be in the construction contract. He added that he will be on site on a daily basis and will make sure that requirement is met. Commissioner Peilen asked how much the ball field is used during July and August. City Council Meeting of August 18, 2014 (Item No. 4e) Page 2 Title: Planning Commission Meeting Minutes July 2, 2014 Mr. Beane stated the field is primarily used by the high school baseball team and their season is over. The Parks and Recreation scheduling staff have found alternate locations for the other teams who use the Dakota Park field. Mr. Beane stated he expects the field will be seeded this fall and ready for baseball next spring. Chair Carper opened the public hearing. Wayne Braaten, 2656 Dakota Ave. S., stated that he lives across from Dakota Park. He said speaking as a neighbor of the park; his biggest concern is that the ball diamond is very ill-fitted to the residential neighborhood. He stated there were lots of problems last year such as people messing with the timers on the lights and the lights would frequently be on at 4 p.m. and shut off at 3 a.m. Mr. Braaten said that residents have voiced their concerns to the city for many years. He spoke about tail gating that occurs in the Peter Hobart parking lot. He suggested removing the ball diamond from the residential neighborhood. Mr. Beane discussed lighting problems in the past with an old analog system. He said the automatic timer did fail numerous times last summer. The City has upgraded the lighting system to electronic controls in all the lighted ball fields. The system is now programmed and scheduled to turn lights off at 10:30 p.m. each night. He spoke about back-up systems in place if the program fails. Mr. Beane said he has not received any complaints about lighting this season. Chair Carper closed the public hearing as no one else was present wishing to speak. Commissioner Robertson made a motion to recommend approval of the Conditional Use Permit to import approximately 730 cubic yards of fill, subject to conditions. Commissioner Person seconded the motion, and the motion passed on a vote of 5-0. 4. Other Business Chair Carper mentioned the 2014 League of Minnesota Cities Leadership Award recently received by City Manager Tom Harmening. He thanked Mr. Harmening and staff for their work. 5. Communications 6. Adjournment The meeting was adjourned at 6:25 p.m. Submitted by, Nancy Sells Adm. Secretary Meeting: City Council Meeting Date: August 18, 2014 Consent Agenda Item: 4f MINUTES ENVIRONMENT AND SUSTAINABILITY COMMISSION: SUSTAINABLE SLP ST. LOUIS PARK, MINNESOTA July 9, 2014 Community Room, City Hall MEMBERS PRESENT: Chris Anderson, Terry Gips, Caitlin Glennon, Rachel Harris, Tom Hillstrom, Cindy Larson O’Neil, Alex Sundvall, Judy Voigt and Ryan Griffin MEMBERS ABSENT: Renee McGarvey, Whitney Thesing and Mark Eilers Excused STAFF PRESENT: Phillip Elkin, Nicole Pribbenow 1. The meeting was called to order at 6:32 p.m. 2. The minutes of the June 4, 2014 meeting were moved by the Chair and were unanimously approved. 3. New Business a. Nicole Pribbenow, Communications Specialist with the City of St. Louis Park, presented Sustainable SLP!, a communication plan for the Environment and Sustainability Commission. Her presentation outlined Goals, Communication Tools and Strategies. Her presentation led to discussion on specific items: • Website - The discussion on the webpage focused on content, format and location. Caitlin suggested that each member come up with 10 ideas for content and that we brainstorm at the next commission meeting. Rachel suggested that ideas be funneled through Tom and the branding work group to consolidate and “package” the ideas. Cindy asked the question, “What is the difference between having a page on the City’s website and a stand-alone website?” Terry r esponded that he felt the benefit of a stand-alone website was that it reduced the “clutter” of other content and focused on the branding of the ESC. Cindy wanted to see ESC information and content to be included on the Environmental Information page of the existing City website. • Social Media - Ideas in the Park -Another tool used for City engagement. Ryan asked what the site looked like and how much participation has occurred in the past. Nicole answered that it depended on the subject. Issues such as Southwest LRT were very active, while local street projects did not generate much discussion. Cindy asked about participation in other social media, and Nicole answered that there are currently around 4,000 Facebook users subscribed to the City’s page and about 3,000 followers on Twitter. Cindy also added that “Next Door” was another tool to reach out to neighbors. Nicole will monitor that use. • Other Communications - Each neighborhood has their own leaders who utilize email to reach more people quickly. QR codes are used at the Nature Center and on compost bins. Chris suggested that the group might want to consider paid advertising to expand the awareness and brand of the ESC. Cindy added that People in the Park has led to personal interactions. Terry suggested that City Council Meeting of August 18, 2014 (Item No. 4f) Page 2 Title: Environment and Sustainability Commission: Sustainable SLP Meeting Minutes of July 9, 2014 the upcoming National Night Out would be a good opportunity to get out the work of the group. Rachel added that maybe we could use the event to piggy back with existing publications to promote the Sustainability SLP. The event was the ESC’s target audience - “People Who Care about Environment and Neighborhoods”. • Logo s- Two logos were presented to the commission; each one presented a different style and perspective. One used watercolors and focused on the natural scene. The second was a contrast showing hands and brighter colors. Each commissioner commented on their preferred style, with the second style winning. Nicole will forward the responses to Misty, who created the logos, and will develop new choices for the next meeting. Tom suggested that the branding work group meet with Misty in advance of the next (August) meeting and narrow the scope of choices. The group will see final versions to select at the next meeting. b. Commissioner Harris shared the topics of conversation she had with City Manager Tom Harmening in June. The meeting was an opportunity for the City Manager to hear what the commission was working on and the successes and obstacles of the work plans. Other topics of discussion were: the role of the commission in working with City Staff; clarity of expectations; guidance in deciding where the City will get the most “bang for the buck” in sustainability efforts; and the process in which the commission makes recommendations to the City Council. As a result of this meeting, the ESC has been invited to a City Council study session on July 14, to update the Council on the group’s progress as a commission. Commission work group leaders will be invited to speak focusing on research conducted, obstacles met and successes. c. Phil Elkin handed out information provided from the League of Minnesota Cities on electronic communication and open meeting laws. Phil pointed out two occurrences over the last week which prompted him to have a discussion on the open meeting laws and conflicts of interest. Phil explained a string of emails was distributed to 8 members of the commission, violating open meeting law. Within this string of emails, a work group member, who is not on the commission and works for a private consulting firm, was suggesting projects for the work group to undertake. Phil went on to explain that while no action was taken or proposed on these issues, it has the appearance of collusion by the work group - making decisions outside of open meetings. There were several questions on this issue, so the item was tabled until next meeting when Phil could provide answers. d. Chairperson Harris made motion to have commissioners work with City Staff to develop Sustainability-themed questions for the upcoming city-wide survey. The motion was seconded by Commissioner Anderson and passed unanimously. 4. Old Business: a. Work Groups submitted brief summaries which were distributed with the agenda. 5. The meeting was adjourned at 8:35 p.m. Meeting: City Council Meeting Date: August 18, 2014 Discussion Item: 8a EXECUTIVE SUMMARY TITLE: First Reading of Amendments to Chapter 6 and 8 of City Code of Ordinances RECOMMENDED ACTION: Motion to approve first reading of amendments to Chapters 6 and 8 of the City Code of Ordinances relating to Building and Building Regulations and Business Licenses for Massage Therapist, Massage Therapy Establishment and Tobacco Products and Tobacco Related Devices, and set second reading for September 2, 2014. POLICY CONSIDERATION: Does Council wish to approve the Ordinance amendments being proposed? SUMMARY: Regular review of City programs based in ordinance is helpful to keep regulations current and adapt to changing conditions. This group of proposed amendments is intended to provide increased clarity and effectiveness in application of programs: • Sections 6-177 Application and 6-178 Inspection for Certificate of Property Maintenance – Proposal is to simplify the process and reduce application fee when a property owner is selling a property to another party that will be demolishing the structure and constructing a new house/building. • Section 8-1 Definitions – Tobacco related devices. Amend the definition to specifically include electronic delivery devices, clarifying establishments that sell e-cigarettes will need to be licensed and regulated the same as for tobacco products. • Section 8-191 Initial Application – Adds a section stating all business license applicants must provide a designated management agent and update the City whenever there is a change in the designated management agent. • Sections 8-297(d) and 8-303(b) Adds a provision that applicants must provide a current government issued identification as part of the Massage Therapy Establishment and Massage Therapist license application. Either Minnesota or Wisconsin state government picture identification or driver’s license will be the only acceptable form of identification allowed as part of the application process. FINANCIAL OR BUDGET CONSIDERATION: Reduced fee for point of sale inspection for buildings to be demolished will have an imperceptible impact on overall program revenue. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Ordinance Prepared by: Ann Boettcher, Inspections Services Manager Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of August 18, 2014 (Item No. 8a) Page 2 Title: First Reading of Amendments to Chapter 6 and 8 of City Code of Ordinances DISCUSSION Sections 6-177 Application and 6-178 Inspections The city is experiencing increased interest from developers to purchase properties, both residential and commercial, demolish the buildings and construct new. However, the current ordinance requires the point of sale inspection to occur even though the structure/building will be demolished by the new owner. The proposed amendments would streamline this process by charging a reduced rate for the permit and eliminating the inspection when a buyer enters into a Temporary Property Maintenance Certificate and Escrow Agreement for demolition with the City. The permit fee is proposed to be 50% of the residential and commercial property maintenance permit fee as specified in Appendix A. This provides sufficient fee revenue to account for staff time meeting with interested parties and preparing documents. Section 8-1 Definitions Although the current definitions do not specifically identify electronic delivery devices, nicotine is a component of tobacco used in e-cigarettes and therefore has been considered a regulated product under current definition by staff when responding to questions from applicants. Because of the popularity and potential public health effects of these devices, staff is proposing to specifically include electronic delivery devices in the definitions for tobacco. This proposed addition to the definitions will clarify the ability of staff apply the requirements for a tobacco license to sell these types of devices including no sale to minors and store access of product limited to sales staff. Use of e-cigarettes in public places was considered during State Legislative session earlier this year. The resulting legislation prohibits use of e-cigarettes in any building owned or operated by the state, home rule charter or statutory city, county, township, school district, or other political subdivision, which includes City of St. Louis Park facilities. Section 8-191 Initial Application Propose to add a requirement that a business license holder must provide a designated management agent and contact information as part of the application process and update the city anytime there is a change in the designated management agent. The proposed requirement would be an effective tool in assisting staff when it becomes necessary to contact the designated local management agent in charge of the licensed establishment, especially for corporate or out-of- state-owners. Sections 8-297(d) and 8-303(b) Massage Therapy Establishment and Therapists Licensing Requirements As part of the current application requirements, applicants need to submit a copy of their current government issued identification. However, there are some applicants submitting identification from states as distant as California to obtain a Massage Therapist license. An applicant living in California without a local address requesting a license to work in St. Louis Park raises some concerns. Proposal implements a requirement that a current Minnesota or Wisconsin government issued picture identification or driver’s license, with current residential address, is the only form of identification being considered as part of the application process. Staff is proposing to designate Wisconsin because of the close proximity from a commuting perspective. The same identification requirement is proposed for the individual obtaining an establishment license. If there is a corporation obtaining a license, the corporation must designate a local manager who will provide a copy of their identification. City Council Meeting of August 18, 2014 (Item No. 8a) Page 3 Title: First Reading of Amendments to Chapter 6 and 8 of City Code of Ordinances ORDINANCE NO. ____-14 AN ORDINANCE RELATING TO PROPERTY MAINTENANCE INSPECTIONS, BUSINESS LICENSE APPLICATIONS, TOBACCO PRODUCT AND MASSAGE THERAPY LICENSING PROVISIONS, AMENDING CHAPTERS 6 AND 8 OF THE ST. LOUIS PARK CODE OF ORDINANCES THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 6-177 is amended by adding the following subsection: (c) Fee Reduction. If the Applicant provides proof that the Buyer will be demolishing the structure or building, the applicable fee shall be reduced by fifty percent (50%). SECTION 2. Section 6-178 is amended by adding the following subsection: (c) Exception. If the Applicant provides proof that the Buyer will be demolishing the building or structure, an inspection will not be required if the Buyer at the time of application enters into a Temporary Property Maintenance Certificate and Escrow Agreement with the City pursuant to Section 6-180. SECTION 3. Section 8-1 is amended to replace the definitions of “tobacco and tobacco products” and “tobacco related devises” with the following definitions: “Tobacco” means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco- dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. “Tobacco-related devices” means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately. “Electronic delivery device” means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of City Council Meeting of August 18, 2014 (Item No. 8a) Page 4 Title: First Reading of Amendments to Chapter 6 and 8 of City Code of Ordinances vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. SECTION 4. Section 8-191 is amended by adding the following subsection: (e) The application must include the current designated management agent and contact information. If at any time during the license period there is a change in the agent, the Applicant must contact the city and update the name and contact information. SECTION 5. Section 8-297(d) is amended to read as follows: (d) The applicant or designated management agent for an annual license will be required to provide a copy of a current Minnesota or Wisconsin state government issued picture identification or driver’s license and complete a license application addendum and authorization for a background check to be completed by the city. SECTION 6. Section 8-303(b) is amended to read as follows: (b) The applicant for an annual license will be required to provide a copy of a current Minnesota or Wisconsin state government issued picture identification or driver’s license and complete a license application addendum and authorization for a background check to be completed by the city. SECTION 7. This Ordinance shall take effect fifteen (15) days after its passage and publication. First Reading August 18, 2014 Second Reading September 2, 2014 Date of Publication September 11, 2014 Date Ordinance takes effect September 26, 2014 Reviewed for Administration: Adopted by the City Council September 2, 2014 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney