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HomeMy WebLinkAbout2013/02/19 - ADMIN - Agenda Packets - City Council - RegularAGENDA FEBRUARY 19, 2013 6:00 p.m. BOARDS & COMMISSION INTERVIEWS – Westwood Room 6:45 p.m. SPECIAL STUDY SESSION – Council Chambers Discussion Items 1. 6:45 p.m. 2013 – 2018 Solid Waste Collection Proposals 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Retirement Recognition Presentation for Police Sergeant Ward Dohman 2b. Fire Chief Magazine’s Fire Station Style Design Award 3. Approval of Minutes 3a. Study Session Meeting Minutes January 28, 2013 3b. Special City Council Meeting February 11, 2013 3c. City Council Workshop Minutes February 1 & 2, 2013 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 6a. Public Hearing – Pei Wei Asian Diner Liquor License Recommended Action: Mayor to close public hearing. Motion to approve On-Sale Wine and 3.2% Malt Liquor License to Pei Wei Asian Diner, LLC; dba Pei Wei Asian Diner located at 5330 Cedar Lake Road, Suite 600 for the license term of March 1, 2013 through March 1, 2014. 6b. Public Hearing to Consider Allocation of 2013 Community Development Block Grant (CDBG) Funds Recommended Action: Mayor to close the public hearing. Motion to Adopt Resolution approving proposed use of 2013 Urban Hennepin County Community Development Block Grant (CDBG) Program Funds and authorizing execution of Subrecipient Agreement with Hennepin County and any Third Party Agreements. Meeting of February 19, 2013 City Council Agenda 7. Requests, Petitions, and Communications from the Public -- None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Amending Chapter 18 - Offenses and Miscellaneous Provisions to Include Regulations for Drug Paraphernalia Recommended Action: Motion to Adopt First Reading of Ordinance amending Chapter 18 Offenses and Miscellaneous Provisions to include regulations for Drug Paraphernalia and to set the second reading for March 4, 2013. 9. Communication 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. Meeting of February 19, 2013 City Council Agenda CONSENT CALENDAR 4a. Adopt Resolution to recognize Police Sergeant Ward Dohman for his 29 years of service to the City of St. Louis Park 4b. Approve Work Order No. 37 and Adopt Resolution authorizing final payment in the amount of $292,592.86 accepting work for Street Project: Highway 7 - Wooddale Avenue Intersection Improvement – Project No. 2004-1700, Contract No. 119-09 4c. Adopt Resolution approving a Wellness Incentive for benefit earning staff for 2013- 2014 4d. Approve a temporary on-sale intoxicating liquor license for Sabes Jewish Community Center located at 4330 South Cedar Lake Road for an event to be held on February 28, 2013 at the Jewish Community Center 4e. Adopt Resolution for 2013 Liquor License Renewal for Eat Art LLC, dba Little Szechuan, 5377 16th St. W., for the license year term of March 1, 2013 through March 1, 2014 4f. Adopt Resolution Accepting the Project Report, Establishing Improvement Project No. 2012-1500, Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2012-1500 4g. Approve the Lodging Tax Revenue Use Policy 4h. • Approve Access Agreement between the City of St. Louis Park and the Minnesota Pollution Control Agency in connection with the Fern Hill Place Monitoring Wells • Terminate the License Agreements between the City of St. Louis Park and Fern Hill Place, LLC in connection with the Fern Hill Place Monitoring Wells 4i. Approve for filing Planning Commission Minutes December 12, 2012 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: February 19, 2013 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: 2013 – 2018 Solid Waste Collection Proposals RECOMMENDED ACTION: Provide staff with direction on which collection option should be pursued. POLICY CONSIDERATION: Staff seeks input on the following policy questions: 1. Are there other options Council might want staff to evaluate? 2. Which collection option does Council prefer (1, 2, or 3)? 3. Are all haulers acceptable to the Council? SUMMARY: Four haulers (Allied Waste, Advanced Disposal (formerly Veolia), Randy’s Sanitation, and Waste Management) submitted proposals providing for residential garbage, recycling, yard waste, and organic waste collection services. Staff has completed evaluating the proposals and determined the proposals for garbage, recycling and yard waste were fairly similar other than costs. The major difference in the proposals is how haulers propose to collect organic waste. Staff has determined that all 4 haulers could satisfactorily provide the solid waste collection services being asked for. Based on previous Council direction, staff has prepared 3 collection options for Council consideration (Attachment A). Staff recommends Option 1 as it appears to best meet community needs based on cost considerations, least number of trucks and carts needed, and simplicity for resident understanding and use. The City Attorney has advised staff that all specific data related to hauler proposals is considered private (non-public) until the City has awarded contracts for these services. This information (Attachment A) is being provided to Council but is not being made available to the public at this time. The City Attorney has said it is acceptable to discuss private information at the meeting as long as hauler names are not used and service delivery is referred to as Options 1-4 (as denoted on Attachment A). FINANCIAL OR BUDGET CONSIDERATION: There will be no cost implications to the General Fund resulting from any program changes or new hauler contracts, as the Solid Waste Enterprise Fund and related utility rates cover all these costs. However, utility rates will need to be increased in the future to provide for increased costs associated with organics collection. VISION CONSIDERATION: St. Louis park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Discussion Attachment A (Private - Not For Public Release) Prepared by: Scott Merkley, Public Works Coordinator Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager Special Study Session Meeting of February 19, 2013 (Item No. 1) Page 2 Title: 2013 – 2018 Solid Waste Collection Proposals DISCUSSION History The February 11, 2013 Study Session report includes a history / summary of the 9 Study Session meetings/reports for the 2013-2018 Solid Waste Program that occurred in 2012. At the February 11, 2013 meeting staff presented Council with several policy questions to assist staff in completing the proposal analysis and preparing hauler recommendations. The direction Council provided was as follows (the City Council is asked to please confirm staffs understanding): 1. Council understands there is some risk in starting an organics collection service and desires it be included in the proposed 2013-2018 program. 2. Council feels organic waste collection is the right thing to do and is willing to consider rate increases to implement that service. 3. Council sees cart storage as a concern and desires services that minimize cart usage. Proposal Process Staff contacted all haulers considered capable of providing collection services and sent RFP’s to all interested parties on November 2, 2012. Proposals were received by November 28, 2012. During January staff met with haulers to review and discuss their proposal(s). Proposals received allowed for individual collection contracts or a bundling of services. Based on final clarifications and proposal modifications, staff evaluated and prepared summaries of each hauler proposal along with possible collection scenarios or options. Based on Council direction provided at the February 11th Study Session, staff has prepared collection scenarios or options (Attachment A) for Council consideration. It should be noted the information contained in Attachment A is considered PRIVATE (non- public), as per M.S. 13.591, until the City has awarded contracts for these services. Proposal Information General Proposal Information - Many factors go into making the decision to award a contract for solid waste collection services. The City desires Haulers that will provide high levels of service, be responsive to customers, and participate in resident education - all at cost effective rates. The RFP for residential garbage, recycling and yard waste were comprehensive and included most of the same requirements that will be included in the final agreements with selected Hauler(s). The RFP for organic waste was left more generic since there are various methods of collection and other issues specific to individual haulers - this is an immature service area which is still undergoing industry development. Major components in the RFP include requirements for: collection services; personnel; customer service expectations and resident response timeframes; penalties for non-compliance; required reports and meetings with the city; public education assistance; involvement with community events; references and contacts at municipalities where similar work is being performed; contract transition details; discussion of past contract problems and any litigation experienced in the past 5-years; contracts lost in the past 5-years; and extra services required during a disaster. Our RFP allows contracts for garbage, recycling, yard waste, and organic waste to be separate or combined (bundled) in a variety of ways. Special Study Session Meeting of February 19, 2013 (Item No. 1) Page 3 Title: 2013 – 2018 Solid Waste Collection Proposals Proposals Received - Four haulers (Allied Waste, Advanced Disposal (formerly Veolia), Randy’s Sanitation, and Waste Management) submitted proposals providing for residential garbage, recycling, yard waste, and organic waste collection services. Two haulers (Eureka Recycling and Dick’s Sanitation) were sent RFP’s but decided not to submit. It is staff’s belief that all four (4) haulers that submitted proposals have demonstrated that they are capable of providing the services requested in our RFP. The final RFP, hauler proposals, and proposal summaries are available to Council members upon request. Evaluation of Proposals / Development of Collection Options Every proposal was evaluated separately and all proposal factors were considered in developing costs for each collection service proposed (refuse, recycling, organics, and yard waste collections) by each hauler for each of the 5 years of the proposed contract term. Some haulers proposed fuel surcharge provisions and others not; some haulers provided compostable bags for organics collection, some not; revenue sharing provisions varied by hauler; etc……… Staff then listed the various collection options considering various haulers and costs to arrive at the options provided in Attachment A. The costs shown for the options in Attachment A represent our total program costs, not simply hauler costs. This was done so we could consider “all” costs associated with a proposal rather than simply a collection cost. Some simple collection methods have the potential to cause higher disposal costs so “all - total program” costs needed to be determined and considered. Attachment A contains current, 2013, program costs, along with: • Option 1 (recommended by staff primarily related to cost difference with Option 2) - this is a least cost option that utilizes 2 haulers to provide all 4 services; organics is proposed to be co-collected with yard waste; total program costs are projected to exceed current revenues by $31,715 during year 1 of the contract. • Option 2 (ranked 2nd by staff) - this option uses 1 hauler to provide all 4 services; organics is proposed to be co-collected with trash; this option costs slightly more than option 3, but uses less carts and trucks so it has that advantage; total program costs are projected to exceed current revenues by $242,865 during year 1 of the contract. • Option 3 (ranked 3rd by staff) - this option uses 1 hauler to provide all 4 services; organics is proposed to be collected separately; staff ranked this option lowest as it requires more carts and trucks than the other options; total program costs are projected to exceed current revenues by $213,616 during year 1 of the contract. • Option 4 (ranked as n/a by staff) - this option does not provide for organics collection; it is provided to allow Council to understand option costs (1-3) in relation to current (2013) costs or continuation of the current program into the future; total program costs are projected to be $238,763 less than current revenues during year 1 of the contract. • Current - this does not provide for organics collect; total program costs are projected to be $194,249 less than current revenues during 2013. It needs to be noted that all costs listed above or in Attachment A are subject to change over the course of the 5 year contract(s). This is due to proposal provisions along with other external factors outside hauler and city control such as fuel surcharge provisions, revenue sharing fluctuations, agency requirements or mandates, etc. Special Study Session Meeting of February 19, 2013 (Item No. 1) Page 4 Title: 2013 – 2018 Solid Waste Collection Proposals Other Proposal Considerations - the following is a list of other items which were considered in evaluating these proposals: 1. All haulers have stated their willingness to provide the City with recycling material end market information. 2. All organics collection should be the same from a resident’s perspective - except the color of the compostable bag used may be different or the cart the waste is placed into at curbside may have a different colored lid. It should be noted the information contained in Attachments A is considered PRIVATE (non- public), as per M.S. 13.591, until the City has awarded contracts for these services. Next Steps Based on the option preferred by Council, staff will negotiate collection contracts with the appropriate hauler(s) and then bring them to Council for approval. Staff feels contract(s) could be available for Council approval during March. Process / Timeline Below are the major steps needed for implementing the new contracts: Item Completion Date Staff reviews Hauler proposals / recommendations with Council Feb - Mar 2013 Staff negotiates collection contract(s) with Hauler(s) Mar 2013 Staff prepares contract(s) for Council consideration Mar 2013 Council approves new collection contract(s) Mar - Apr 2013 Staff conducts public education outreach with residents Apr - Aug 2013 New collection contract(s) begin Oct 1, 2013 Meeting: City Council Meeting Date: February 19, 2013 Presentation: 2a EXECUTIVE SUMMARY TITLE: Retirement Recognition Presentation for Police Sergeant Ward Dohman RECOMMENDED ACTION: The Mayor is asked to read the resolution and present plaque to Ward Dohman for over 29 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. Police Sergeant Ward Dohman will be in attendance for the presentation at the beginning of the meeting. The Mayor is asked to read the resolution and present Sergeant Dohman with a plaque in recognition of his years of service to the City. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of February 19, 2013 (Item No. 2a) Page 2 Title: Retirement Recognition of Police Sergeant Ward Dohman RESOLUTION NO. 13-___ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO POLICE SERGEANT WARD DOHMAN WHEREAS, Sergeant Dohman began his employment with the City of St. Louis Park over 29 years ago on September 19, 1983; and WHEREAS, Sergeant Dohman served as a patrol officer, a field training officer and community outreach officer; and WHEREAS, Sergeant Dohman served as a firearms range officer and an ERU member; and WHEREAS, Sergeant Dohman served as a patrol sergeant, ERU supervisor, and support service sergeant and throughout his career has received numerous commendations, letters of recognition and appreciation from the community; and WHEREAS, Sergeant Dohman enjoys spending time with his wife Mona and their three children; and WHEREAS, Sergeant Dohman looks forward to spending more time hunting and fishing; 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 Police Sergeant Ward Dohman for his great contributions and 29 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 February 19, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: February 19, 2013 Presentation: 2b EXECUTIVE SUMMARY TITLE: Fire Chief Magazine’s Fire Station Style Design Award RECOMMENDED ACTION: Mayor Jacobs is asked to accept on behalf of the City of St. Louis the FIRE CHIEF magazine’s Station Style Fire Station Design Award. The award is being presented by DLR Group’s Project Manager Michael Clark. POLICY CONSIDERATION: None at this time. SUMMARY: FIRE CHIEF Magazine recently announced the winners of its 12th annual Station Style Fire Station Design Awards, a program that recognizes outstanding architecture and design from fire departments nationwide. Gold, silver and bronze awards were announced in six categories: volunteer and combination stations, career stations, satellite stations, shared facilities, training facilities, and station renovations. A panel of two fire chiefs, one firefighter/architect and two architects judged the portfolios. St. Louis Park Fire Station No. 1 was awarded Gold honors in the volunteer and combination fire station category. The architectural design team was led by DLR Group Project Manager Michael Clark, AIA and Design Architect Mathew Streed, AIA, LEED, AP, with construction management led by Project Manager Brian Hook of Kraus Anderson Construction. Input from the firefighters, city staff and citizens of St. Louis Park resulted in the design of a state-of-the-art facility that provides for the safety and training of firefighters and will serve the community for decades into the future. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to promoting an integrating arts, culture and community aesthetics in all City initiatives, including implementation where appropriate. SUPPORTING DOCUMENTS: None Prepared by: Luke Stemmer, Fire Chief Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: February 19, 2013 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA JANUARY 28, 2013 The meeting convened at 6:35 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: Anne Mavity. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Communications Coordinator (Mr. Zwilling), Communications Specialist (Mr. Rose), Chief of Police (Mr. Luse), Director of Inspections (Mr. Hoffman), City Engineer (Mr. Brink), and Recording Secretary (Ms. Hughes). Guest: Mr. John Basill (President, Discover St. Louis Park). 1. Future Study Session Agenda Planning – February 11, 2013 Mr. Harmening presented the proposed study session agenda for February 11, 2013. He stated the agenda for the February 4, 2013, City Council meeting does not contain any pressing items and suggested that Council cancel the February 4, 2013, City Council meeting and schedule a special City Council meeting before the February 11, 2013, study session. It was the consensus of the City Council to cancel the February 4, 2013, City Council meeting. 2. Annual Update – Discover St. Louis Park Mr. Harmening presented the staff report. Mr. Basill presented a summary of Discover St. Louis Park’s activities over the past 16 months and recited the organization’s mission. He discussed the marketing strategy tactics and advised that the website had approximately 16,000 unique visits in the first year, which ranks high compared to other similarly sized CVBs. He stated that social media, including Facebook, Twitter, and Linked In would continue to play a significant role in the organization. He presented the 2013 budget and also presented examples of advertisements and rack cards placed in kiosks. He discussed the organization’s aggressive digital marketing, which had 21 million total impressions delivered and 8,100 total clicks recorded. Councilmember Sanger asked if there was any way to determine what percentage of those 8,100 total clicks actually booked a hotel room or meeting. Mr. Basill explained that a study conducted by the University of Minnesota indicated that approximately 20% of visitors who are driven to the website and request visitor guides are captured. He discussed the marketing and trade shows planned in 2013 and stated that 296 groups contacted the CVB in the first year and 6,688 total leisure leads have been generated to date. He stated that 2,420 visitor guides have been emailed and 4,268 visitor guides have been mailed and added the 2013 visitor guide is in the process of being finalized. He indicated that City Council Meeting of February 19, 2013 (Item No. 3a) Page 2 Title: Study Session Meeting Minutes of January 28, 2013 the Discover St. Louis Park kiosks are well positioned throughout the City, including locations at the Rec Center, Shops at West End, and Excelsior and Grand, and they are working to place kiosks at Miracle Mile and Knollwood. He stated the CVB recently received a $4,500 grant from the State that will be used for an additional marketing campaign and added the CVB sold approximately $5,000 worth of advertising in the visitor guide. Councilmember Spano requested further information about the CVB’s presence at the airport as well as the current light rail stations. Mr. Basill advised the CVB is present in all rack card kiosks at the airport but transportation to and from the airport is the single biggest reason the CVB has not secured some groups, where this transportation was essential. He stated that local hotels have to use a third party transportation company and the hotels have been unwilling to provide transportation to and from the airport due to the cost of providing such shuttle service. He advised that the CVB plan to further discuss this issue with the City and will continue to look for creative solutions, but we need to be careful not to spend too much in this area that will take significantly away from other essential marketing efforts that drive awareness. He then presented a copy of the CVB’s meeting and event space planning guide. Mayor J acobs expressed the City Council’s thanks to Mr. Basill for his efforts on behalf of the City. 3. Pedestrian and Bicycle System Implementation Plan Update Mr. Harmening presented the staff report. Mr. Brink explained that the plan was revised following Council’s last discussion and stated that certain segments including 31st Street have been deleted from the plan as shown on Exhibit A2. He indicated other segments highlighted in green on Exhibit A2 are being recommended for further discussion, e.g., areas in Ward 4 that ranked low on the list and these areas have been pushed back to 2023. He stated the segments highlighted in yellow have been accelerated on the schedule, e.g., 41st Street, based on overwhelming response from residents and which ranked high on the priority criteria. He stated the segments highlighted in blue are suggested to be delayed or pushed back on the schedule, e.g., the west side of Virginia Avenue from Cedar Lake Road to 28th because of the significant barrier created by the railroad bridge. Councilmembers Santa and Ross disagreed with delaying Virginia Avenue sidewalk and strongly urged the City to fix the east side at this time. Councilmember Ross agreed with most of the suggested revisions particularly in Ward 4. She expressed concern about the sidewalk at Virginia Avenue and stated this area needs attention to make sure it is safe for people coming from Cedar Lake Road up to the regional trail. She stated she would like to see sidewalks along Louisiana Avenue but recognized that residents have expressed concern about losing boulevard trees and about their small lot sizes. Councilmember Sanger expressed general agreement with the proposed revisions and advised she received a request to accelerate the addition of a sidewalk on the west side of Joppa Avenue from Torah Academy to Minnetonka Boulevard because of the new synagogue opening in that City Council Meeting of February 19, 2013 (Item No. 3a) Page 3 Title: Study Session Meeting Minutes of January 28, 2013 location. She requested that the City provide assurance to residents that the City will not take any trees unless they are diseased. Mr. Brink stated the City works hard to avoid removing trees during sidewalk construction but acknowledged there are some sidewalk segments where the City may not be able to avoid taking trees. Councilmember Santa agreed with deleting the sidewalks on 31st Street and 33rd Street from Aquila to Texas Avenue. She stated she did not agree with the recommended further discussion for the sidewalk (33rd Street) from Texas to Rhode Island and felt this segment should be taken off the list. She requested that the City accelerate the sidewalk segment along the back end of 36th Street behind Knollwood. Councilmember Spano agreed with the proposed revisions and urged Council to make decisions on all sidewalks now and not delay any segments for further discussion. He felt the momentum being built around this plan should be harnessed at this time to provide finality to the process. Councilmember Hallfin stated he felt there would be some segments that will need to be revisited particularly if a neighborhood comes back to Council at a later date requesting a sidewalk. He stated he would be okay with the 41st Street sidewalk being placed on the north side of the street and asked if the City has considered accelerating this sidewalk to 2013. Mr. Brink replied that the City will begin engineering on the 41st Street sidewalk but was not sure if it would be built this year. Councilmember Sanger asked how the City would be addressing those areas where people asked the City to add sidewalks. She also asked about the City’s process for communicating with residents about certain segments being left on the plan even though there was some opposition received from residents. Mr. Harmening advised that those segments might be somewhat delayed because the City will need to continue the public process on those areas. He requested input from Council regarding a public hearing or forum for residents to review and comment on the revised plan. Mayor Jacobs expressed support for holding an open house to show residents the revisions made to the original plan and to obtain feedback from residents. Councilmember Sanger suggested the revised plan be posted on the City’s website and in Park Perspective to allow residents an opportunity to provide feedback. Mr. Harmening agreed to provide Council with a communication plan for obtaining feedback on the revised plan. 4. Amending Chapter 18 – Offenses and Miscellaneous Provisions to Include Regulations for Drug Paraphernalia Mr. Hoffman presented the staff report and proposed ordinance amending Chapter 18 to address drug paraphernalia. He explained that in the past, the City has not had a lot of businesses selling paraphernalia but the City has received some complaints in the last year about a convenience City Council Meeting of February 19, 2013 (Item No. 3a) Page 4 Title: Study Session Meeting Minutes of January 28, 2013 store in the Texa-Tonka area selling drug paraphernalia. He noted he has met with the store’s new owner and learned that the stock is diminishing and not being replenished. Councilmember Sanger requested clarification regarding what the ordinance is trying to address and stated if a store is selling a legal product the City does not have the right to say the product cannot be sold and the City should be targeting those individuals who are using the product for drug consumption. Mr. Scott explained there is a State statute that makes drug paraphernalia illegal but the statute is vague and the statute is not being enforced. He stated there have been a number of court cases over local ordinances and the proposed ordinance goes into a lot of detail in defining drug paraphernalia, adding that the key is to show that the person selling it knew or had reason to know the product would be used for illegal purposes. He added the proposed ordinance was modeled after a Moorhead, Minnesota, ordinance and a Federal Judge recently upheld a challenge to the validity of the Moorhead ordinance. Councilmember Hallfin felt that Council should wait to see if the Moorhead decision is appealed and then make a decision on whether to adopt the ordinance. Mayor Jacobs and Councilmembers Ross and Santa stated they preferred to adopt the ordinance now. Councilmember Spano stated he would be amenable to adopting the ordinance at this time. It was the consensus of the majority of the City Council to support the amendment of Chapter 18 to address drug paraphernalia. 5. Communications Plan Update Mr. Zwilling presented the staff report and introduced Communications Specialist Mike Rose. He advised that the City recently concluded its comprehensive marketing and branding plan for Westwood Hills Nature Center that includes a new website for the Nature Center and its own social media presence that will complement the City’s brand and elevate the Nature Center’s programs. He also advised that the City wants to expand its communications with residents and will unveil an “Ideas in the Park” web-based tool that can be used as an online idea box where the City can interact with residents. He demonstrated an aspect of this tool that will allow residents to provide feedback on specific projects, e.g., the possible community recreation facility, and that will allow residents to have online discussions and forums about City projects. Councilmember Ross commended Mr. Zwilling on the communications plan and asked what he will need in terms of resources. Mr. Zwilling stated he felt that the Communications Department was well positioned for the future with the recent addition of Mr. Rose. Councilmember Sanger requested further information about how the City will make sure that the online conversations and forums are not dominated by any groups or residents and how the City will address the potential for abuse. She also asked how Council will get feedback about suggestions that residents are making and how the City will make use of those suggestions. City Council Meeting of February 19, 2013 (Item No. 3a) Page 5 Title: Study Session Meeting Minutes of January 28, 2013 Mr. Zwilling stated it will be important to let conversations happen and the City will monitor all conversations based on the abuse policy in place. He advised that regular reporting would be provided to Council and the process is intended to be very transparent. Councilmember Sanger stated if residents are going to be invited to comment the City should be prepared to respond to every comment made. Mayor Jacobs agreed. Councilmember Sanger requested further information regarding the development of a more robust email distribution list for residents. Mr. Zwilling agreed that the City should continue to address this issue and agreed to investigate it more thoroughly. Councilmember Santa commended Mr. Zwilling for his work on the communications plan. She agreed that every comment should be responded to so that people know they are being heard and requested that the City have a policy for responding to all comments within a set time period. Councilmember Sanger requested that the City further research the issue of unpaid interns and indicated that unpaid interns could present a legal issue for the City. It was the consensus of the City Council to support the current Communications Plan goals and objectives. Communications/Meeting Check-In (Verbal) Mr. Luse provided an update to Council regarding a recent incident involving a contractor hired by the City of St. Louis Park and the City of Edina. He indicated the Hennepin County Sheriff’s Department is currently investigating the matter. The meeting adjourned at 9:00 p.m. Written Reports provided and documented for recording purposes only: 6. December 2012 Monthly Financial Report 7. Fourth Quarter Investment Report (Oct – Dec 2012) 8. Proposed Allocation of 2012 Community Development Block Grant (CDBG) Funds 9. Planned Unit Development (PUD) Amending to Zoning Code 10. Proposal to Rezone Property at 3700 State Highway 100 11. Update on SW LRT Preliminary Engineering (PE) and Transitional Station Area Action Plans (TSAAP) ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: February 19, 2013 Minutes: 3b UNOFFICIAL MINUTES SPECIAL CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA FEBRUARY 11, 2013 1. Call to Order Mayor Jacobs called the meeting to order at 6:32 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, and Jake Spano. Councilmembers absent: Sue Santa. Staff present: City Manager (Mr. Harmening) and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations - None 3. Approval of Minutes 3a. Special Study Session Minutes January 22, 2013 The minutes were approved as presented. 3b. City Council Meeting Minutes January 22, 2013 The minutes were approved as presented. 3c. Special City Council Meeting Minutes January 29, 2013 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. Adopt Resolution No. 13-015 for 2013 Liquor License Renewals for the license year term of March 1, 2013 through March 1, 2014. 4b. Execute a three-year contract with St. Croix Tree Service, Inc. for the removal of diseased trees on private property for 2013 - 2015, in an amount not to exceed $42,598.00 annually. 4c. Execute a three-year contract with Precision Landscape & Tree, Inc. for the 2013- 2015 Boulevard Tree and Stump Removal Program, in an amount not to annually exceed $61,407.00. 4d. Authorize the City to enter into an agreement with Park Assembly of God to make their field and parking lot available for community use. 4e. Adopt Resolution No. 13-016 accepting work and authorizing final payment in the amount of $6,296.41 for the replacement of standing seam roof systems to various park buildings, Contract No. 66-12. City Council Meeting of February 19, 2013 (Item No. 3b) Page 2 Title: Special City Council Meeting Minutes of February 11, 2013 4f. Approve Amendment No. 1 to City Agreement No. 4219, between the City and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless for communication antennas on the City’s water tower at 2541 Nevada Avenue. 4g. Adopt Resolution No. 13-017 accepting three donations for use by the Fire Department. 4h. Adopt Resolution No. 13-018 granting the West Metro Home Remodeling Fair’s request for placing temporary signs in the public right-of-way. 4i. Adopt Resolution No. 13-019 granting the Figure Skating Club of Minneapolis’s request for placing temporary signs in the public right-of-way. 4j. Adopt Resolution No. 13-020 authorizing final payment in the amount of $2,168.65 and accepting work for Fire Stations No.1 and No.2 Work Scope 09 (Joint Sealers) with American Masonry Restoration for Project Nos. 2008-3001 & 2008-3002, City Contract No. 67-11. 4k. Adopt Resolution No. 13-021 authorizing final payment in the amount of $16,493.94 and accepting work for Fire Stations No. 1 and No. 2 Work Scope 12 (Aluminum Entrances and Storefronts) with Capital City Glass, Inc. for Project Nos. 2008-3001 and 2008-3002, City Contract No. 62-11. 4l. Adopt Resolution No. 13-022 authorizing final payment in the amount of $6,959.00 and accepting work for Fire Stations No. 1 and No. 2 Work Scope 11 (Overhead/Coiling Doors) with Overhead Door Company of the Northland for Project Nos. 2008-3001 and 2008-3002, City Contract No. 51-11. 4m. Approve for Filing Vendor Claims. 4n. Approve for Filing Human Rights Commission Minutes July 17, 2012. 4o. Approve for Filing Human Rights Commission Minutes October 16, 2012. 4p. Approve for Filing Human Rights Commission Minutes November 20, 2012. 4q. Approve for Filing Fire Civil Service Commission Minutes November 9, 2012. 4r. Approve for Filing Fire Civil Service Commission Minutes January 8, 2013. It was moved by Councilmember Sanger, seconded by Councilmember Spano, 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 Santa 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 – None 9. Communications - None 10. Adjournment The meeting adjourned at 6:34 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: February 19, 2013 Minutes: 3c OFFICIAL MINUTES CITY COUNCIL WORKSHOP SESSION AAA (5400 Auto Club Way) FEBRUARY 1 and 2, 2013 February 1, 2013: The workshop session was called to order 4:35 p.m. Councilmembers present: Mayor Jeff Jacobs; Sue Sanger, Steve Hallfin, Julia Ross, Jake Spano and Sue Santa. Councilmembers absent: Anne Mavity Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), Organizational Development Coordinator (Ms. Gothberg). 1. Agenda Discussed overall agenda for 2 days. 2. Carver Governance Model Ms. Gothberg and Ms. Deno reviewed Carver Governance model with Council. 3. Enneagram Ms. Gothberg presented information on Enneagram preferences and facilitated discussion with the Council. 4. General Discussion Ms. Gothberg facilitated discussion with Council on Council’s unwritten rules particularly as to how Council responses to emails from constituents when the email goes out to all. In addition, they discussed communication and response to citizens as it relates to Ward and At-Large Councilmembers. Council was in agreement that the unwritten rules should be discussed with Councilmember Mavity and brought back to the whole Council for final agreement. Adjourned at 9:00 p.m. February 2, 2013: The workshop session was called to order 8:55 a.m. Councilmembers present: Mayor Jeff Jacobs; Sue Sanger, Steve Hallfin, Julia Ross, Jake Spano and Sue Santa. Councilmembers absent: Anne Mavity Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), Director of Community Development (Mr. Locke), Director of Public Works (Mr. Rardin), Director of Parks and Recreation (Ms. Walsh), Director of Inspections (Mr. Hoffman), Chief Information Officer (Mr. Pires), Police Chief (Mr. Luse), Fire Chief (Mr. Stemmer), and Organizational Development Coordinator (Ms. Gothberg). Others present: Craig Rapp, Facilitator City Council Meeting of February 19, 2013 (Item No. 3c) Page 2 Title: City Council Workshop Minutes of February 1 & 2, 2013 1. Introductions and Check-In 2. Organizational Cultures Overview Craig Rapp reviewed values and cultures of organizations. Discussion was held by all participants regarding what type of organizational culture was most prevalent for the City of St. Louis Park. 3. SWOT Analysis Craig Rapp introduced the SWOT analysis which was completed by everyone prior to the work shop. Council and staff divided into four groups. Each of the four groups took one of the areas (STRENGTHS, WEAKNESS, OPPORTUNITIES and THREATS) to analyze the most important areas for the City of St. Louis Park to look at over the next two to three years. In this exercise, there were 3 to 4 statements that had the most weight or most common listed by each group for each area. Following this exercise the STRENGTH and OPPORTUNITIES group combined and the WEAKNESSES and THREATS groups combined to continue the conversation. 4. The group continued to look and dialogue about potential goals for the next two to three years, possible Key Outcome Indicators, and where it fits with St. Louis Parks Strategic Directions which came from the Vision Process. 5. Next step is bringing back potential direction for City Council to consider. Adjourned at 3:20 p.m. ____________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: February 19, 2013 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Retirement Recognition Resolution for Police Sergeant Ward Dohman RECOMMENDED ACTION: Motion to Adopt Resolution to recognize Police Sergeant Ward Dohman for his 29 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. This consent item will officially adopt the resolution that honors Sergeant Dohman for his years of service. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of February 19, 2013 (Item No. 4a) Page 2 Title: Retirement Recognition Resolution for Police Sergeant Ward Dohman RESOLUTION NO. 13-____ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO POLICE SERGEANT WARD DOHMAN WHEREAS, Sergeant Dohman began his employment with the City of St. Louis Park over 29 years ago on September 19, 1983; and WHEREAS, Sergeant Dohman served as a patrol officer, a field training officer and community outreach officer; and WHEREAS, Sergeant Dohman served as a firearms range officer and an ERU member; and WHEREAS, Sergeant Dohman served as a patrol sergeant, ERU supervisor, and support service sergeant and throughout his career has received numerous commendations, letters of recognition and appreciation from the community; and WHEREAS, Sergeant Dohman enjoys spending time with his wife Mona and their three children; and WHEREAS, Sergeant Dohman looks forward to spending more time hunting and fishing; 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 Police Sergeant Ward Dohman for his great contributions and 29 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 February 19, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: February 19, 2013 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Final Payment Resolution – Contract No. 119-09 with Ames Construction – Project 2004-1700 RECOMMENDED ACTION: Motion to Approve Work Order No. 37 and Adopt Resolution authorizing final payment in the amount of $292,592.86 accepting work for Street Project: Highway 7 - Wooddale Avenue Intersection Improvement – Project No. 2004-1700, Contract No. 119-09. POLICY CONSIDERATION: Not Applicable. SUMMARY: On September 9, 2009, the City Council approved entering into a contract with Ames Construction for this project in the amount of $11,568,953.11. Over the course of this project, 2 Supplemental Agreements, 14 Change Orders and 37 Work Orders were approved by either the City Council or the City Manager. One final work order, Work Order No. 37 in the amount of $48,490.20 (attached), was submitted as a part of the final project approval process. Work Order No. 37 provided for final turf establishment work required for project completion. Taking all of these contract changes into account, the final construction amount totals $12,148,159.07, a 5% increase over the original contract amount. The Contractor completed this work within the contract time allowed; the project was substantially complete and open to traffic in late 2010. Since then, the City has worked with the contractor to complete remaining minor items such as drainage work outside of the roadway, and planting and restoration work. Mn/DOT (the City’s agent during construction) has confirmed that all work has been completed in accordance with contract requirements, and it is recommended that final payment, including the release of retainage be authorized. FINANCIAL OR BUDGET CONSIDERATION: The final project cost, including construction, engineering, land acquisition (right of way), and other expenses is $19,321,095.32. (This present amount includes the MCES Interceptor and if it were not included, the amount would be $2M less, or roughly 17.3M). This is actually significantly less than the estimated project budget of $19,000,000 provided in 2009 because that figure did not include the cost of reconstructing the MCES Sewer Interceptor which was later included with the project and reimbursed directly back to the City at a cost of $2,046,787.88. The project has been funded from a combination of Federal, State, and Local sources. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Work Order No. 37 Final Payment Resolution Prepared by: Scott Brink, City Engineer Reviewed by: Michael P. Rardin, Public Works Director Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of February 19, 2013 (Item No. 4b) Page 2 Title: Final Payment Resolution Contract 119-09 – Ames Construction DISCUSSION BACKGROUND: The following is a break-down of the project costs and funding sources: Project Estimate/Budget as Presented to City Council 08/03/09 Expenditures Construction* $12,300,000 Right of Way $4,500,000 Engineering $1,300,000 Construction Engineering (MnDOT) $900,000 Total $19,000,000 Funding Sources Federal (STIP) $5,885,000 ARRA (Stimulus) $3,465,000 Mn/DOT (Construction Engineering) $900,000 Local $8,750,000 Total $19,000,000 Final Project Costs 02/19/13 Expenditures Construction** $12,148,159.07 Right of Way $4.386,326.16 Engineering/Legal/Prof. Services/Expenses $1,886,610.09 Construction Engineering (MnDOT) $900,000.00 Total $19,321,095.32 Funding Sources Federal (STIP and ARRA(Stimulus)) $8,492,385.04 Met Council (MCES) $2,046,787.88 Mn/DOT (Construction Engineering) $900,000 Local $7,881,922.40 Total $19,321,095.32 * Estimated construction cost does not include MCES interceptor relocation work which was later added to the project. ** Construction cost includes MCES sewer, contract change orders, work orders, and supplemental agreements. MCES costs were directly reimbursed to the City by MCES. City Council Meeting of February 19, 2013 (Item No. 4b) Page 3 Title: Final Payment Resolution Contract 119-09 – Ames Construction WORK ORDER NO. 37 The extra work described in Work Order No. 37, which provided for final project turf establishment, was required to complete the project. City Council Meeting of February 19, 2013 (Item No. 4b) Page 4 Title: Final Payment Resolution Contract 119-09 – Ames Construction RESOLUTION NO. 13-____ RESOLUTION AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $292,592.86 AND ACCEPTING THE WORK FOR THE HIGHWAY 7/WOODDALE AVENUE INTERCHANGE IMPROVEMENT PROJECT WITH AMES CONSTRUCTION CITY PROJECT NO. 2004-1700 CONTRACT NO. 119-09 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 September 9, 2009, Ames Construction has satisfactorily completed the Highway 7/Wooddale Interchange Improvement, as per Contract No. 119-09. 2. The Director of Public Works has filed his 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 $11,568,953.11 Work Orders/Supp Agr/ Change Orders/Underruns and Overruns $ 579,205.96 Contract Amount $12,148,159.07 Previous Payments $11,855,566.21 Balance Due $ 292,592.86 Reviewed for Administration: Adopted by the City Council February 19, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: February 19, 2013 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Resolution Approving 2013-2014 Wellness Incentive RECOMMENDED ACTION: Motion to Adopt Resolution approving a Wellness Incentive for benefit earning staff for 2013-2014. POLICY CONSIDERATION: Does Council wish to approve the proposed Wellness Incentive for 2013-2014? SUMMARY: The City has provided employees a monetary wellness incentive for the past two years in exchange for employee participation in required health related activities. Staff is recommending continuation of the program, with increased employee criteria and an increased incentive. Increased criteria include a requirement that in 2013 staff use an on-site vendor as chosen by management to ascertain their personal health score (previously health criteria were self-reported on the honor system). In addition, staff recommends an increase to the incentive of $5 per month (to a total of $40/month in 2014). FINANCIAL OR BUDGET CONSIDERATION: If approved, the Wellness Incentive amount will be reflected in the 2014 budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of February 19, 2013 (Item No. 4c) Page 2 Title: Resolution Approving 2013-2014 Wellness Incentive DISCUSSION BACKGROUND: Why provide a wellness incentive? The City has been committed to providing innovative ways of keeping health care costs as low as possible. Methods such as switching health care providers, offering consumer driven health plans, creating VEBA/HRA accounts, and reducing plan options have been implemented. Current efforts are aimed at employee health and wellbeing, in an effort to proactively eliminate diseases related to lifestyle factors (obesity, heart disease, diabetes, knee/back pain, etc.) before they manifest themselves as costly claims. History of SLP Wellness Incentive: We first introduced a wellness incentive program in 2011. Each year, the requirements for receiving the incentive have become more difficult, and the incentive itself has increased. Program Year Requirements Incentive Participants Requirements met in 2011 for payment in 2012 Required: 1. Health Risk Assessment 2. Non-Tobacco User or participation in cessation program 3 of 4 following items also required: • Biometric Screen • Flu Shot • Preventive Medical Exam • Preventive Dental Exam $25/month 177 of 245 (72%) Requirements met in 2012 for payment in 2013 Required: 1. Health Risk Assessment 2. Non-Tobacco User or participation in cessation program 3. HealthPartners outreach program (online or telephonic health coaching) 3 of 4 following items also required: • Biometric Screen • Flu Shot • Preventive Medical Exam • Preventive Dental Exam $35/month 165 of 241 (68%) What is the recommended program for 2013-2014? This program is still in the beginning stages of an ongoing and evolving strategic wellness program. Our long term goal is to continue and improve upon the program to achieve results that align employee behaviors to desired healthy outcomes. The City Manager has approved a proposal by myHealthCheck, a vendor committed to providing outcomes-based wellness solutions. Employees would no longer self-report their wellness activities but instead be assigned a health advisor who will professionally guide them through every step of the assessment. myHealthCheck integrates all aspects of our wellness program (bio-screen data, body fat percentage and health risk assessment data) into a single health score. A health advisor will work with each employee to provide recommendations for improvement in all areas, along with dozens of programs in which to engage. myHealthCheck will provide employees a very clear graphical picture of their current state of health and focus them on the specific risk areas that need improvement. City Council Meeting of February 19, 2013 (Item No. 4c) Page 3 Title: Resolution Approving 2013-2014 Wellness Incentive In order to receive the 2014 wellness incentive, employees will be required to complete the myHealthCheck assessment (HDL/LDL ratio, blood pressure, triglycerides, body composition percentage and nicotine use) and work with a health advisor to complete a health review and obtain an overall health score. This is very similar to what is required now, but the data will be collected and confirmed by a third party vendor, instead of self-reported by employees. What is the recommended 2014 incentive amount? Because the required criteria for achieving the incentive have increased slightly, it is recommended that the incentive be increased as well. The incentive for 2013 was $35/month for participation activities. It is recommended that the City of St. Louis Park provide $40 per month in 2014 as additional Employer Contribution to employees who successfully meet the requirements of the Wellness Incentive Program in 2013. This is an increase of $5 to the 2013 amount. The 2014 Employer Contribution amount has not yet been determined, but a recommendation of this amount will be provided to Council (based on premium increases and budget) in fall 2013. Other info: Future incentives, if any, will be recommended to Council after review of the previous year. It is recommended that the full Wellness Incentive amount be provided to ALL benefit earning employees (i.e., not pro-rated for part-time employees) who successfully meet program requirements. City Council Meeting of February 19, 2013 (Item No. 4c) Page 4 Title: Resolution Approving 2013-2014 Wellness Incentive RESOLUTION NO. 13-____ RESOLUTION APPROVING 2013-2014 WELLNESS INCENTIVE WHEREAS, the City Council has established a benefit plan that provides an effective means for providing employee group benefits; and WHEREAS, the City Council establishes contribution amounts for each calendar year; and WHEREAS, the administration of such plans will be in accordance with plan documents as approved by the City Manager, who will also set policy and procedures for benefit level classification and administration of plans; and WHEREAS, organizations with healthy staff often report higher morale and productivity, and lower absenteeism and health costs; and WHEREAS, the City wishes to encourage and incent staff to participate in activities designed to improve the health and wellness of our staff to reap more of the aforementioned benefits; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park that a Wellness Incentive Program is approved as follows: • Benefit-eligible employees who successfully complete the components of the program as determined by the City Manager in 2013 are eligible for the incentive in 2014, and • The amount of the incentive is set at $40 per month as additional Employer Contribution in 2014. This amount is not pro-rated for part-time employees (will be provided in full), and • The City Manager has the authority to set final program criteria, determine if criteria has been met, and has complete authority in awarding the incentive to staff. Reviewed for Administration: Adopted by the City Council February 19, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: February 19, 2013 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Temporary On-Sale Intoxicating Liquor License for Sabes Jewish Community Center RECOMMENDED ACTION: Motion to approve a temporary on-sale intoxicating liquor license for Sabes Jewish Community Center located at 4330 South Cedar Lake Road for an event to be held on February 28, 2013 at the Jewish Community Center. POLICY CONSIDERATION: Does Council wish to approve a temporary on-sale intoxicating liquor license for the Sabes Jewish Community Center for their event to be held on February 28, 2013? SUMMARY: Sabes Jewish Community Center has made an application for a temporary on-sale intoxicating liquor license for their upcoming Minneapolis Jewish Film Festival Opening Night. City Ordinance 3-57(8) states that temporary liquor licenses may be issued to clubs, charitable, religious or other nonprofit organizations in existence for at least three years. A temporary liquor license approved by the City Council is not valid until it is approved by the commissioner of public safety. The Police Department has completed the background investigation on the main 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 $100.00 per day of the event. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Kay Midura, Assistant – City Clerk’s Office Reviewed by: Nancy Stroth – City Clerk Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: February 19, 2013 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: 2013 Liquor License Renewal – Little Szechuan RECOMMENDED ACTION: Motion to Adopt Resolution for 2013 Liquor License Renewal for Eat Art LLC, dba Little Szechuan, 5377 16th St. W., for the license year term of March 1, 2013 through March 1, 2014. POLICY CONSIDERATION: Does Council wish to approve renewal of a liquor license for Eat Art LLC, dba Little Szechuan, since they have met the necessary criteria for issuance of the next year’s term of their license? SUMMARY: The City has received the required information from Little Szechuan for renewal of their liquor license (on sale intoxicating and Sunday sale). The required documents include state and city renewal applications, liquor liability insurance certificate, certificate of compliance with Minnesota Workers’ Compensation Law and the license fee. Little Szechuan has also met the required criteria regarding corporate renewal with the State of Minnesota. The other pending liquor license renewal is for Jimx, Inc., dba Grand City Buffet, 8912 Highway 7 (on sale wine and on sale 3.2). They have chosen not to renew their liquor license. FINANCIAL OR BUDGET CONSIDERATION: Fees received for liquor license renewals are budgeted as revenues each year and defray the cost the City experiences to administer and enforce liquor licensing codes and requirements. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Kay Midura, Office Assistant – City Clerk’s Office Reviewed by: Nancy Stroth, City Clerk Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of February 19, 2013 (Item No. 4e) Page 2 Title: 2013 Liquor License Renewal – Little Szechuan RESOLUTION NO. 13-____ RESOLUTION APPROVING ISSUANCE OF LIQUOR LICENSE RENEWAL FOR EAT ART LLC, DBA LITTLE SZECHUAN, 5377 16th ST. W., ST. LOUIS PARK FOR MARCH 1, 2013 THROUGH MARCH 1, 2014 WHEREAS, Minnesota Statutes Chapter 340A and St. Louis Park Ordinance Code Chapter 3 provide for liquor licensing in cooperation with the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety, and WHEREAS, no license may be issued or renewed if required criteria has not been met, and NOW THEREFORE BE IT RESOLVED by the City of St. Louis Park City Council that Eat Art LLC, dba Little Szechuan, 5377 16TH St. W., has met the criteria necessary for issuance of their liquor license (on sale intoxicating and Sunday sale), and the application is hereby approved for March 1, 2013 to March 1, 2014. Reviewed for Administration: Adopted by the City Council February 19, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: February 19, 2013 Consent Agenda Item: 4f EXECUTIVE SUMMARY TITLE: Project Report: Water Project – Recoat Elevated Water Storage Tank No. 3 – Project 2012-1500 RECOMMENDED ACTION: Motion to Adopt Resolution Accepting the Project Report, Establishing Improvement Project No. 2012-1500, Approving Plans and Specifications, and Authorizing Advertisement for Bids for Improvement Project No. 2012-1500. POLICY CONSIDERATION: None. SUMMARY: Elevated Water Storage Tank No. 3 is located in Elie Park near the intersection of Wyoming Avenue South and W. 34 ½ Street. This is a maintenance / rehabilitation project which primarily consists of the recoating of the tank. In addition, some minor miscellaneous structural repairs (interior and exterior) will also be done to bring the tank into compliance with OSHA and AWWA standards. Work activity is scheduled to commence in late summer and be completed later in October (2013). KLM Engineering has prepared the plans and specifications for this work and will also be providing the City contract management services throughout the project bidding and construction process. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and is included in the City’s adopted Capital Improvement Program (C.I.P.). The costs shown below are the currently estimated construction, engineering, and administrative costs. Staff has verified that adequate funds are available in the Water Utility Fund for this work. Costs to remove and replace telecommunication antennas during the work will be paid by the respective telecommunications companies in accordance with established agreements. Estimated Costs Amount Construction Cost $990,000 Preliminary Engineering/Admin $ 10,000 Engineering & Administrative $100,000 Total $1,100,000 Funding Sources Amount Water Utility Fund $1,075,000 Telecom Engineering Reimbursement $ 25,000 Total $1,100,000 VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolution Prepared by: Scott Brink, City Engineer Reviewed by: Michael P. Rardin, Public Works Director Scott Anderson, Utilities Superintendent Approved by: Nancy Deno, Deputy City Manager/HR Director Regular City Council Meeting of February 19, 2013 (Item No. 4f) Page 2 Title: Project Report – 2012-1500 – Recoat Elevated Water Storage Tank No. 3 DISCUSSION BACKGROUND: The current 5-year CIP includes Project No. 2012-1500, which is the recoating of Elevated Water Storage Tank No. 3 located in Elie Park near the intersection of Wyoming Avenue South and W. 34 ½ Street. The structure was constructed in 1949 and is a 1 million gallon capacity riveted double ellipsoid design. The City recently hired KLM Engineering to conduct a complete inspection of both the exterior and interior of the tower. The inspection showed that some structural modifications and repairs are required for both the exterior and interior to bring the structure into compliance with OSHA regulations and American Water Works Association (AWWA) standards. The inspection also showed that the exterior coating is failing and is no longer providing adequate protection against corrosion. The exterior coating of steel water storage towers has a life expectancy of 15 to 20 years; this tower was last coated in 1991, 22 years ago. The interior inspection also revealed the tank requires a complete new interior coating. The exterior coating color will be the same as the more recently completed coating of Elevated Storage Tower No. 4 (near the intersection of Cedar Lake Road and Louisiana Avenue) which features a “warm sun” color and the updated City logo. Another key component of the project will be the coordination with the telecommunication companies with antennas and related equipment on the tower. The antennas and related equipment will need to be removed and replaced or protected in-place during the project. Public Process: A project information letter will be sent in the very near future to residents within the immediate area informing them of the project. The letter will contain an explanation of the project including discussion of full-containment during the painting operation, the project schedule, working hours, and a city contact for addressing project questions. After the selection of a Contractor and determination of a more detailed construction schedule, a second mailing to residents will update them with final details. Public Works staff is also coordinating the project with Parks and Recreation staff to assure that the project will not adversely affect park activities. Project Timeline: Should the City Council approve the Project Report, it is anticipated that the following schedule can be met: • Approval of Plans/Authorization to Bid by City Council February 19, 2013 • Advertise for bids Feb/March, 2013 • Mandatory Pre-Bid Meeting with Bidders March 12, 2013 • Bid Opening March 19, 2013 • Bid Tab Report to City Council; Award Contract April 1, 2013 • Construction August to October 2013 Regular City Council Meeting of February 19, 2013 (Item No. 4f) Page 3 Title: Project Report – 2012-1500 – Recoat Elevated Water Storage Tank No. 3 RESOLUTION NO. 13-____ RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 2012-1500 APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2012-1500 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the Rehabilitation & Recoat of Elevated Water Storage Tank No. 3. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding Project No. 2012-1500 is hereby accepted. 2. Such improvements as proposed are necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 2012-1500, is hereby established and ordered. 4. The plans and specifications for the making of these improvements, as prepared under the direction of the City Engineer, or designee, are approved. 5. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in relevant industry publications an advertisement for bids for the making of said improvements under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 6. The City Engineer, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council. Reviewed for Administration: Adopted by the City Council February 19, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: February 19, 2013 Consent Agenda Item: 4g EXECUTIVE SUMMARY TITLE: Policy for Spending Lodging Tax Revenue RECOMMENDED ACTION: Motion to approve the Lodging Tax Revenue Use Policy. POLICY CONSIDERATION: Is the proposed policy in keeping with the City Council’s intent and direction from the September 24th Study Session, and as summarized in a 2/11/13 study session report, relating to the use of a portion of the Lodging Tax Revenue the City is able to retain? SUMMARY: In December, 2010 the City Council approved an ordinance establishing a 3% lodging tax to fund a local Convention and Visitor’s Bureau (CVB). The lodging tax went into effect March 1, 2011 and Discover St. Louis Park was created. Each month the City collects the lodging tax from the lodging establishments in the community and, under the terms of our operating agreement with Discover St. Louis Park, remits 95% of the taxes collected to the visitor’s bureau. As authorized by state statute the City retains 5% of the taxes collected each month. These funds are available for the city to use as it sees fit. At the September 24, 2012 Study Session, the City Council appeared to be interested in three ideas for the use of the lodging tax revenue. The options were identified based on a desire to use it for special projects or initiatives with some relationship to the City’s Vision. From this discussion, the Council appeared comfortable giving the City Manager discretion to spend the Lodging Tax Revenue on the following types of activities: 1. Events that draw visitors to the City. The money could be used to help fund City festivals and events, or music or theater events that bring people into the City. The most recent example would be the City providing an additional $2,500 to assist Parktacular with the 2013 Block Party/Street Dance at West End. 2. Public Art. The City could commission art projects in City parks or facilities. In addition, money could be used to maintain, repair or replace existing public art. 3. Architecture enhancements. This fund could be used to enhance the architecture or aesthetics of existing or new public facilities. This could include architectural services or actual physical improvements. FINANCIAL OR BUDGET CONSIDERATION: The City currently has retained approximately $48,300 from the lodging tax fee thus far and can expect to receive $24,000 to $35,000 per year from the fee as time goes on. VISION CONSIDERATION: This policy is consistent with the City’s Strategic Direction promoting and integrating arts and culture and community aesthetics in all City initiatives. SUPPORTING DOCUMENTS: Policy for Spending Lodging Tax Revenue Prepared by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of February 19, 2013 (Item No. 4g) Page 2 Title: Policy for Spending Lodging Tax Revenue CITY OF ST. LOUIS PARK Lodging Tax Revenue Use Policy PURPOSE: The purpose of the Lodging Tax Revenue Policy is to provide direction to spend the City’s portion of the lodging tax revenue on events, public art projects and architectural enhancements that promote the City of St. Louis Park. SOURCE OF FUNDS: Each month the City collects a lodging tax from the lodging establishments in the community and, under the terms of its operating agreement with Discover St. Louis Park, remits 95% of the taxes collected to this visitor’s bureau. As authorized by state statute the City retains 5% of the taxes collected each month. These funds are available for the city to use as it sees fit. USE OF FUNDS: The City Manager has the authority to disburse the revenues from the lodging tax the City retains for the following activities subject to the provisions in the City Charter and State Statute. 1. Events that draw visitors to the City. The money could be used to help fund City festivals and events or music or theater events that bring people into the City. 2. Public Art. The City could commission art projects in City parks or public facilities. In addition, money could be used to maintain, repair or replace existing public art. 3. Architecture enhancements. This fund could be used to enhance the architecture or aesthetics of existing or new City of St. Louis Park facilities. This could include architectural or design services or actual physical improvements. Adopted by the City Council February 19, 2013. ______________________________ ___________________________________ Jeff Jacobs, Mayor Tom Harmening, City Manager Meeting: City Council Meeting Date: February 19, 2013 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: Well Access Agreement between City of St. Louis Park and Minnesota Pollution Control Agency (MPCA) RECOMMENDED ACTION: • Motion to approve Access Agreement between the City of St. Louis Park and the Minnesota Pollution Control Agency in connection with the Fern Hill Place Monitoring Wells. • Motion to terminate the License Agreements between the City of St. Louis Park and Fern Hill Place, LLC in connection with the Fern Hill Place Monitoring Wells. POLICY CONSIDERATION: Does the City Council support the proposed Access Agreement allowing the MPCA to assume ownership and responsibility for the monitoring wells related to the Fern Hill Place redevelopment in the City right-of-way as well as the termination of the License Agreements with Fern Hill Place, LLC? SUMMARY: The City currently has a License Agreement with Fern Hill Place, LLC which allowed for the installation of two groundwater monitoring wells; one on City Hall property and the other in the City right-of-way along Raleigh Avenue. Recently, the MPCA determined that Fern Hill Place, LLC had satisfied its contamination cleanup requirements related to the former Waldorf Nevins Dry Cleaners property located at 5101 Minnetonka Blvd. The MPCA Superfund Program would like to continue investigating potential soil, groundwater, and soil vapor contamination near the intersection of Minnetonka Blvd and Raleigh Ave. Therefore the agency has agreed to assume ownership of the monitoring wells. Since the agency’s investigation may include collecting soil, groundwater and soil vapor samples, it has prepared an Access Agreement with the City which grants the MPCA access to the monitoring wells on the City Hall property and within the Raleigh Street right-of-way. With the MPCA assuming ownership and liability of the wells, there is no need to continue the License Agreement with Fern Hill Place, LLC therefore those agreements should be terminated. FINANCIAL OR BUDGET CONSIDERATION: The transference of the monitoring wells from Fern Hill Place, LLC to the MPCA will have no financial impact to the City as the MPCA agrees to fully assume the cost of the wells’ operation as well as their proper abandonment once monitoring activities cease. With the termination of the License Agreements with Fern Hill Place, LLC the City will return the $1,500 it has been holding in an escrow to Fern Hill Place, LLC. VISION CONSIDERATION: St. Louis park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Discussion Well Access Agreement between the City and MPCA Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager City Council Meeting of February 19, 2013 (Item No. 4h) Page 2 Title: Well Access Agreement between City of St. Louis Park and Minnesota Pollution Control Agency (MPCA) DISCUSSION BACKGROUND: On November 17, 2003 the City Council approved a License Agreement with Fern Hill Place, LLC allowing for the installation of two, off-site, groundwater monitoring wells in the City right-of-way along Raleigh Avenue. One of the wells was installed south of the Fern Hill Place property in the City right-of-way along the west side of Raleigh Ave within the Uptown West Apartments’ parking area. Another well was installed on the west side of the City Hall property. The monitoring wells were required by the Minnesota Pollution Control Agency (MPCA) as part of the Response Action Plan (RAP) associated with the environmental cleanup of the former Waldorf Nevins Dry Cleaners property at 5101 Minnetonka Boulevard. Upon redevelopment this site became Fern Hill Place. The License Agreement stated the developer (Fern Hill Place, LLC) would restore the areas upon completion of monitoring activities. To ensure that this work was completed, a $1,500 cash escrow was required from the developer. The City currently holds these funds in a separate escrow account. On April 16, 2007 the City Council approved an Amended and Restated License Agreement with Fern Hill Place, LLC as a result of a subsequent MPCA request that two additional off-site wells be installed in the City right-of-way immediately north and south of Minnetonka Blvd along Salem Avenue. Those new wells however were never installed. Recently the MPCA determined that the developer, Fern Hill Place, LLC has satisfied its contamination cleanup requirements related to the former Waldorf Nevins Dry Cleaners property. Subsequently, the MPCA Superfund Program decided to begin its own investigation of potential soil, groundwater, and soil vapor contamination near the intersection of Minnetonka Blvd and Raleigh Ave. The MPCA Superfund Program would like to continue investigating potential soil, groundwater, and soil vapor contamination near the intersection of Minnetonka Blvd and Raleigh Ave. Therefore the agency has agreed to assume ownership of the monitoring wells. Since the agency’s investigation may include collecting soil, groundwater and soil vapor samples, it has prepared an Access Agreement with the City which grants the MPCA access to the monitoring well on the City Hall property and the Raleigh Street right-of-way. Once all necessary sampling or remediation is completed, the MPCA will be responsible for sealing the wells in accordance with state law and removing all well riser pipes, casings and bumper posts. With the MPCA assuming ownership and liability of the wells, there is no need to continue the License Agreement with Fern Hill Place, LLC. Therefore, Fern Hill Place, LLC, has requested that its License Agreements with the City be terminated and that its $1,500 cash deposit be returned. Summary of Proposed Access Agreement Below is a summary of the primary terms included within the proposed Access Agreement with the MPCA. 1. Access. The City provides authorization to the MPCA to enter City Property to operate the Monitoring Wells. 2. No Interference with Right-of-Way. MPCA will conduct its activities so as to avoid unreasonable interference with the use of the City’s right-of-way. For all activities other than sample collection, the MPCA will notify the City at least 48 hours prior to accessing the Property. Such activities will be conducted during the hours of 8:00 a.m. to 5:00 p.m. unless the MPCA receives permission from the City to conduct the work during different hours. City Council Meeting of February 19, 2013 (Item No. 4h) Page 3 Title: Well Access Agreement between City of St. Louis Park and Minnesota Pollution Control Agency (MPCA) 3. Permits, Well Sealing and Removal. MPCA will assume ownership of the Monitoring Wells. Upon completion of all necessary sampling or remediation, MPCA will seal the Monitoring Wells in accordance with state law and remove all riser pipes, protective casings and bumper posts related to sealed/abandoned wells. 4. MPCA Liability. The MPCA will be liable for injury to or loss of property, or personal injury or death, caused by an act or omission of any employee of the State in the performance of the work described above, in accordance with Minn. Stat. § 3.736. 5. Effective Date. The agreement will be effective upon signature by the parties and will terminate upon 30 days written notice by either party. NEXT STEPS: Upon execution of the proposed Agreement by both parties, the License Agreements with Fern Hill Place, LLC will terminate and the City will return the $1,500 it has been holding in an escrow to Fern Hill Place, LLC. City Council Meeting of February 19, 2013 (Item No. 4h) Page 4 Title: Well Access Agreement between City of St. Louis Park and Minnesota Pollution Control Agency (MPCA) ACCESS AGREEMENT BETWEEN CITY OF ST. LOUIS PARK, MINNESOTA AND MINNESOTA POLLUTION CONTROL AGENCY Background The Minnesota Pollution Control Agency (“MPCA”) is investigating and remediating a release or threatened release of hazardous substances and pollutants or contaminants in and around property commonly referred to as Fern Hill Place located at 5101 Minnetonka Boulevard in St. Louis Park. The MPCA is authorized to take these actions under Minn. Stat. § 115B.17, subd. 4 and § 115.04, subd. 3. To facilitate a now completed Response Action Plan (RAP), the City of St. Louis Park (the “City”) previously granted to Fern Hill Place, LLC, a license to install and operate: (a) two 55-foot deep ground water monitoring wells to be located either on the City Hall property located at 5005 Minnetonka Boulevard or in the Raleigh Street right-of-way respectfully designated as MDH Unique Well Numbers MW – 6 and MW - 7 (“Monitoring Wells”); and (b) two additional wells located north and south of Minnetonka Boulevard along Salem Avenue in the City’s right-of-way which, ultimately, were not installed. The MPCA intends to acquire ownership and operation of the Monitoring Wells from Fern Hill Place, LLC. Upon execution of this Access Agreement, the City will terminate its November 17, 2003 License Agreement and April 16, 2007 Amended and Restated License Agreement with Fern Hill Place, LLC relating to the Monitoring Wells. Agreement 1. Access. The City hereby consents and provides authorization to the MPCA, its employees, agents, and contractors to enter City property to operate the Monitoring Wells. 2. No Interference with Right-of-Way. MPCA will conduct its activities so as to avoid unreasonable interference with the use of the City’s right-of-way. For all activities other than sample collection, the MPCA will notify the City at least 48 hours prior to accessing the Property. Such activities will be conducted during the hours of 8:00 a.m. to 5:00 p.m. unless the MPCA receives permission from the City to conduct the work during different hours. 3. Permits, Well Sealing and Removal. MPCA will assume ownership of the Monitoring Wells. Upon completion of all necessary sampling or remediation, MPCA will seal the Monitoring Wells in accordance with state law and remove all riser pipes, protective casings and bumper posts related to sealed/abandoned wells. 4. Notification. Unless otherwise specified, written requests or other documents sent to the City shall be addressed to: Brian Hoffman Director, Inspections Dept. City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416-2216 City Council Meeting of February 19, 2013 (Item No. 4h) Page 5 Title: Well Access Agreement between City of St. Louis Park and Minnesota Pollution Control Agency (MPCA) All reports or other documents sent to the MPCA shall be addressed to: Dave Moore Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155 5. MPCA Liability. The MPCA shall be liable for injury to or loss of property, or personal injury or death, caused by an act or omission of any employee of the State in the performance of the work described above, under the circumstances where the State, if a private person, would be liable to the claimant, in accordance with Minn. Stat. § 3.736. 6. Effective Date. This Agreement shall be effective upon signature by the parties and shall terminate upon thirty (30) days written notice by either party. BY THEIR SIGNATURES BELOW, THE UNDERSIGNED REPRESENT THAT THEY HAVE AUTHORITY TO BIND THE PARTIES THEY REPRESENT, THEIR AGENTS, SUCCESSORS, AND ASSIGNS. MINNESOTA POLLUTION CONTROL AGENCY CITY OF ST. LOUIS PARK By: Name Title Jeffrey W. Jacobs Its Mayor By: Date Thomas K. Harmening Its City Manager Date Meeting: City Council Meeting Date: February 19, 2013 Minutes: 4i OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA DECEMBER 19, 2012 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Dennis Morris, Richard Person, Larry Shapiro MEMBERS ABSENT: Robert Kramer, Carl Robertson STAFF PRESENT: Meg McMonigal, Gary Morrison, Nancy Sells 1. Call to Order – Roll Call Vice-Chair Carper called the meeting to order. 2. Approval of Minutes of December 19, 2012 Vice-Chair Carper made a motion to approve the minutes of December 19, 2012. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 5-0. 3. Public Hearings A. Conditional Use Permit for Excavation Location: 5525 Cedar Lake Road Applicant: Life Time Fitness Case No.: 12-31-CUP Gary Morrison, Assistant Zoning Administrator, presented the staff report. The Conditional Use Permit (CUP) is requested to export approximately 5,900 cubic yards of material. The material will be exported as part of the project to construct a four level, 380 space parking ramp. Mr. Morrison reviewed the proposed conditions for the permit. Vice-Chair Carper asked how many truckloads of material would be removed. He also asked when hauling activities would commence. Jeff Melby, VP of Development, Life Time Fitness, responded that hauling would occur in early spring. There will be between 250 – 300 truckload trips required for removing the material. Mr. Melby said they are hoping to break ground May 1st and to be finished with construction by September 1st. Mr. Melby introduced Alan Young of Mid- America/Cedar Pt. Shopping Center which is across the street from Life Time Fitness. He explained that some Life Time Fitness parking will be lost temporarily. Mr. Melby said he is in complete agreement with Mr. Young that Life Time Fitness will continue to work cooperatively with the shopping center on signage and patrol to minimize any impact on the shopping center business. City Council Meeting of February 19, 2013 (Item No. 4i) Page 2 Title: Planning Commission Minutes of December 19, 2012 Vice-Chair Carper opened the public hearing. As no one was present wishing to speak, he closed the public hearing. Commissioner Person made a motion recommending approval of the conditional use permit. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 5-0. 4. Other Business Meg McMonigal, Planning and Zoning Supervisor, stated that the Planning Commission will not be meeting on January 2nd. A study session will probably be held on January 16th. 5. Communications Ms. McMonigal gave a brief update on SW LRT, LRT station area planning, Highway 7 and Louisiana construction, and the Eliot School site. 6. Adjournment The meeting was adjourned at 6:15 p.m. Respectfully submitted, Nancy Sells Administrative Secretary Meeting: City Council Meeting Date: February 19, 2013 Public Hearing Agenda Item: 6a EXECUTIVE SUMMARY TITLE: Public Hearing – Pei Wei Asian Diner Liquor License RECOMMENDED ACTION: Mayor to close public hearing. Motion to approve On-Sale Wine and 3.2% Malt Liquor License to Pei Wei Asian Diner, LLC; dba Pei Wei Asian Diner located at 5330 Cedar Lake Road, Suite 600 for the license term of March 1, 2013 through March 1, 2014. POLICY CONSIDERATION: Does the City Council wish to approve the on sale wine and 3.2% malt liquor licenses to the new ownership of Pei Wei Asian Diner located at 5330 Cedar Lake Road? SUMMARY: The City received an application from Pei Wei Asian Diner, LLC for an on sale wine and 3.2% malt liquor license for its restaurant currently under operation at 5330 Cedar Lake Road, Suite 600. Pei Wei Asian Diner, Inc. has been operating at this location with a wine and beer liquor license since 2008 and is transferring ownership to Pei Wei Asian Diner, LLC. Although the licensee is changing, the establishment’s name and staff will remain the same. As required in Section 3-66 of the City Code of Ordinance, a public hearing is required for the issuance of a license for a different licensee at the same premises. Pei Wei Asian Diner, LLC is a majority-owned subsidiary of P.F.Chang’s China Bistro and has over 150 locations in over 15 states. The St. Louis Park location occupies approximately 3,000 square feet of the Cedar Point Shopping Center. The single story restaurant has a seating capacity of 66 in the interior and 20 on the patio. The Police Department has run a full background investigation and nothing was discovered during the course of this investigation that would warrant denial of the license. The application and Police report are on file in the Office of the City Clerk should Council members wish to review the information prior to the public hearing. The required notice of the public hearing was published February 7, 2013. FINANCIAL OR BUDGET CONSIDERATION: Fees for this applicant include $500 for the police background investigation and $2,750 for the yearly license fee. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Nancy Stroth, City Clerk Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: February 19, 2013 Public Hearing Agenda Item: 6b EXECUTIVE SUMMARY TITLE: Public Hearing to Consider Allocation of 2013 Community Development Block Grant (CDBG) Funds RECOMMENDED ACTION: Mayor to close the public hearing. Motion to Adopt Resolution approving proposed use of 2013 Urban Hennepin County Community Development Block Grant (CDBG) Program Funds and authorizing execution of Subrecipient Agreement with Hennepin County and any Third Party Agreements. POLICY CONSIDERATION: Does the City Council concur with the recommendations made for the allocation of $173,258 in 2013 CDBG funds? SUMMARY: Each year the City must decide how to use its annual allocation of CDBG Funds. CDBG funds are US Housing and Urban Development (HUD) funds distributed through Hennepin County. The allocation amount for cities within the county is based on a calculation of 2010 census poverty data. The City must submit its proposed use of the allocation to Hennepin County by February 28rd. Prior to submittal, the City must hold a public hearing. Council received an overview of the proposed 2013 allocation at its January 21, 2013 study session via a written report. This year’s proposed use of CDBG funds reflects the City’s priorities to preserve existing housing and increase affordable ownership opportunities. Ninety- six percent of the allocation, or $165,758 of the $173,258, focuses on assisting low-income residents with emergency repairs, rehab loans and affordable ownership opportunities. The remaining amount is proposed for youth park programming at Meadowbrook Manor Park. FINANCIAL OR BUDGET CONSIDERATION: CDBG funds allow cities discretion (within the HUD guidelines) to fund projects that meet the national low income objectives and the needs of cities. Although CDBG funding is expected to increase slightly from 2012, the federal budget has yet to be finalized. Final funding amount may vary slightly from the estimate. 2012 funding levels, $173,258, will be used for planning purposes until the 2013 allocation is finalized. The 2013 CDBG year runs from July 1, 2013 through December 31, 2014. Staff anticipates the proposed projects can expend the funds in a timely manner as has been our historical practice of fully expending CDBG funds. Staff will keep Council apprised of actual funding amounts. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Draft Resolution Proposed Program Description Prepared by: Michele Schnitker, Housing Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of February 19, 2013 (Item No. 6b) Page 2 Title: Public Hearing to Consider Allocation of 2013 Community Development Block Grant (CDBG) Funds DISCUSSION BACKGROUND: The national objectives of the CDBG program are to benefit low and moderate-income persons, prevention or elimination of slum or blight and/or to meet a particular urgent community development need. From a policy perspective, the City Council has typically focused CDBG funds on “sticks and bricks” improvements to the housing stock for low-income families, for both single-family (SF) owners and multifamily housing residents. A small portion of funds have also been allocated to support public services for St. Louis Park Housing Authority (SLPHA) properties and park programming for low-income youth as well as assisting STEP with the acquisition and renovation of a new facility and with renovations at Lenox Center. PRESENT CONSIDERATIONS: The proposed use of CDBG funds reflects the City’s priorities to preserve existing housing and increase affordable ownership opportunities. This year’s proposed allocation is summarized in Table 1 below. Ninety-six percent of the allocation, or $165,758 of the $173,258, focuses on assisting low-income residents with emergency repairs, rehab loans, home renovations and affordable ownership opportunities. The remaining amount is proposed for youth park programming at Meadowbrook Manor Park. Historically, the City has allocated CDBG funds to non-profit affordable housing providers to assist with their building renovations. With the continued high need for SF family homeowner assistance and a proposed kitchen and bathroom replacement project to be undertaken by Community Involvement Program at their adult foster care property located at 9011 W. 34th Street, staff did not solicit requests from other non-profit housing providers this year, nor did any come forward requesting CDBG assistance. The St. Louis Park Housing Authority (SLPHA) reviewed the proposed allocation and had no further comment. Table 1: Proposed 2013 CDBG Allocation Project Activity Proposed Ongoing Activity Allocation Low Income Single Family Emergency Repair Program $60,000 yes Low Income Single Family Home Rehab Loan $50,000 yes Affordable Housing Land Trust – Homes within Reach $12,500 yes St. Louis Park Housing Authority – Rehab for scattered site home $18,258 yes Community Involvement Program (CIP) Kitchen Replacement $25,000 no Public Service – Youth Park Programming at Meadowbrook Park $7,500 yes Total $173,258 NEXT STEPS: The following actions are required to receive 2013 CDBG funds: February 19, 2013 Public Hearing and Approval of Resolution Outlining Proposed Activities February 28, 2013 Deadline for Submission of CDBG Application to Hennepin County City Council Meeting of February 19, 2013 (Item No. 6b) Page 3 Title: Public Hearing to Consider Allocation of 2013 Community Development Block Grant (CDBG) Funds DRAFT RESOLUTION NO. 13 - ____ RESOLUTION APPROVING PROPOSED USE OF 2013 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of St. Louis Park, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of St. Louis Park has developed a proposal for the use of 2013 Urban Hennepin County Community Development Block Grant funds made available to it; and WHEREAS, the City held a public hearing on February 19, 2013 to obtain the views of citizens on housing and community development needs and priorities and the City's proposed use of $173,528 from the 2013 Urban Hennepin County Community Development Block Grant. BE IT RESOLVED, that the City Council of St. Louis Park approves the following projects for funding from the 2013 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County. BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2013 Community Development Block Grant Program. BE IT FURTHER RESOLVED, that should the final amount of FY2013 CDBG available to the city be different from the preliminary amount provided to the city, the City Council hereby authorizes the City Manager to adjust project budget(s) to reflect an increase or decrease in funding. Reviewed for Administration: Adopted by the City Council February 2013 City Manager Mayor Attest: City Clerk Project Activity Allocation Low Income Single Family Emergency Repair Program $60,000 Low Income Single Family Home Rehab Loan $50,000 Affordable Housing Land Trust – Homes within Reach $12,500 St. Louis Park Housing Authority – Rehab for scattered site home $18,258 Community Involvement Program Kitchen Replacement $25,000 Public Service – Youth Park Programming at Meadowbrook Park $7,500 Total $173,258 City Council Meeting of February 19, 2013 (Item No. 6b) Page 4 Title: Public Hearing to Consider Allocation of 2013 Community Development Block Grant (CDBG) Funds Proposed Program Descriptions Emergency Repair Program – Single Family $60,000 This program is consistent with the Council’s focus on stick and bricks and has proven its responsiveness to low income seniors and vulnerable residents with annual incomes of 50% or less of the median area income, or $28,850 for a single person household, and assets less than $25,000. It provides grants of up to $4,000 for emergencies such as leaking roofs, plumbing repairs and water heaters. Community Action Partners for Suburban Hennepin County (CAPSH) currently administers this program for the City. This is an ongoing CDBG activity. Low Income Single Family Deferred Loan Program- $50,000 This is the primary ongoing CDBG rehab loan program targeted for homeowners with annual income of 50% or less of the median area income, or $41,150 for a household of 4, and assets less than $25,000. The rehab focuses on improvements to bring homes into code compliance and provide long- term maintenance free housing. The maximum loan amount is $25,000 and is forgiven after 15 years. Repayment is required if homeowners sell the property before the 15-year period expires. The demand for our low-income home improvement loans and grants continues to be high. Despite ongoing funding there is still a waiting list for the low income single family deferred loan program. Continued funding, along with the program income realized from repayment of previous CDBG deferred loans, should make it possible to serve three to five residents. This program is administered by Hennepin County Housing staff. Affordable Housing Land Trust – Homes within Reach $12,500 Homes within Reach is a program of West Hennepin Housing Land Trust that purchases homes and sells them to low income homeowners. Buyers pay for the cost of the building only and lease the land for 99 years. St. Louis Park funds are leveraged with Met Council and Hennepin County HOME funds, and Homes within Reach administers this activity. Homes within Reach have purchased ten homes in the city that have been sold to low income families. St. Louis Park Housing Authority – renovation of a scattered site home - $18,258 The SLP Housing Authority provides housing to low income residents that are typically below 50% median income. The HA owns and manages 37 scattered site homes throughout the city. The HA has requested $18,258 to assist with window and kitchen cabinet replacement at 2531 Xylon. Community Involvement Program (CIP) - $25,000 CIP is a non-profit organization that offers a variety of services to adults with intellectual disabilities and persons living with mental illness, including providing supportive and supervised living environments where people can learn independent living skills. CIP has requested $25,000 in CDBG funds to assist with a kitchen and bathroom replacement project at an adult foster care property located at 9011 W. 34th Street. The property houses four low income disabled adults. CIP provides 24 hour staff supervision to assist the residents with daily living skills. Public Service – SLP Park and Rec. Programming at Meadowbrook Manor Parks - $7,500 The Park and Recreation Department provides park programming to children at the Meadowbrook Manor Apartment Community. The $7,500 would provide an enhanced level of programming and ensure affordable registration fees. The youth park programming has been funded with CDBG funds since 2007. Meadowbrook Manor Park is CDBG eligible based on the poverty levels in this neighborhood. Meeting: City Council Meeting Date: February 19, 2013 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Amending Chapter 18 - Offenses and Miscellaneous Provisions to Include Regulations for Drug Paraphernalia RECOMMENDED ACTION: Motion to Adopt First Reading of Ordinance amending Chapter 18 Offenses and Miscellaneous Provisions to include regulations for Drug Paraphernalia and to set the second reading for March 4, 2013. POLICY CONSIDERATION: Is Council in support of proceeding with amending Chapter 18 of City Ordinances to prohibit display and sale of drug paraphernalia? SUMMARY: The proposed ordinance is intended to prohibit the display and sale of drug paraphernalia, including equipment to grow or consume illegal drugs. State Statute clearly regulates paraphernalia when contaminated with illegal drug residue; however the language is vague regarding the sale of unused glass pipes and bong products. A city ordinance may include specific definitions and regulations to address paraphernalia clearly intended for use with various illegal drugs. Attached is the proposed ordinance developed by our City Attorney and discussed with the City Council at the study session on January 28. It is based on the model language initially adopted by Moorhead and subsequently by other communities. The validity of the ordinance was recently confirmed as being constitutional by Chief U.S. District federal judge Michael Davis in a ruling to dismiss a lawsuit challenging Moorhead’s ordinance. Proactively limiting the opening of retail paraphernalia businesses or a “head” shop in the city is consistent with being a Children First Community, helping maintain a positive image, and reducing the ease of which paraphernalia can be acquired and used for illegal purposes. FINANCIAL OR BUDGET CONSIDERATION: Not applicable VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Proposed Ordinance Prepared by: Brian Hoffman, Director of Inspections John Luse, Chief of Police Approved by: Tom Harmening, City Manager City Council Meeting of February 19, 2013 (Item No. 8a) Page 2 Title: Amending Chpt 18 - Offenses & Miscellaneous Provisions to Include Regulations for Drug Paraphernalia DISCUSSION BACKGROUND: Public complaints were received last year over a local convenience store selling paraphernalia. With the pipe and bong products on open display next to the checkout counter, concern was raised over children possibly having access and certainly observing items seemingly intended for drug use. The convenience store establishment had a valid city issued tobacco license, allowing sale of tobacco products and tobacco related equipment like pipes. While tobacco related products must be stored behind a counter and not readily accessible to customers, neither the ordinance nor statute clearly defines precisely what constitutes drug paraphernalia. A new business owner in December of 2012 indicated to staff during the licensing process that the convenience store was not being purchased for paraphernalia sales and they had no objection if the city considered an ordinance to prevent sales. The city of Moorhead, MN adopted an ordinance late in 2011 that specifically detailed paraphernalia and prevented the sale. Discontent, a Moorhead based head shop retailing paraphernalia, closed when the Moorhead ordinance went into effect for fear that employees would be arrested. No one has been arrested or cited in Moorhead since the ordinance was adopted. A lawsuit against the Moorhead ordinance was resolved last month when Chief U.S. District federal Judge Michael Davis ruled the ordinance constitutional. Since Moorhead established a paraphernalia ordinance other communities, including Stillwater, Hudson, and Clay County have adopted similar requirements. PRESENT CONSIDERATIONS: The City Attorney has reviewed the Moorhead court case and ruling. The model language deemed constitutional has been retained and formatted for our code in the proposed ordinance. Section 2 has been added to help ensure compliance if a site tobacco license is required. Staff is unaware that any other establishment is selling paraphernalia at this time. Timing is important to easily implement this ordinance. The city does not have a “head” shop currently operating and the only retail sales outlet which would be affected by these regulations is allowing its paraphernalia stock to deplete with the plan to ultimately not sell paraphernalia. NEXT STEPS: If adopted, staff will notify all tobacco license holders of the requirements and effective date. City programs for Point-of-sale, Registration of Land Use, and Certificate of Occupancy would be utilized to inform potential paraphernalia retailers of the ordinance before establishing a business in the city. City Council Meeting of February 19, 2013 (Item No. 8a) Page 3 Title: Amending Chpt 18 - Offenses & Miscellaneous Provisions to Include Regulations for Drug Paraphernalia ORDINANCE NO. ____-13 AN ORDINANCE AMENDING CHAPTER 18 OF THE ST. LOUIS PARK CODE OF ORDINANCES CONCERNING DRUG PARAPHERNALIA THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 18 of the Code of Ordinance is amended to add the following Section: Sec. 18-94. Definitions. (a) Drug paraphernalia. Except as otherwise provided in subsection (b) of this definition, "drug paraphernalia" means all equipment, products, and materials of any kind, which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, enhancing, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of Minnesota Statutes Chapter 152. The term “paraphernalia” includes, without limitation: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived. (2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances. (3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant, which is a controlled substance. (4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances. (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances. (6) Diluents and adulterants, including quinine hydrochloride, mannitol, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances. (7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana. (8) Blenders, bowls, containers, spoons, grinders, and mixing devices used, intended for use, or designed for use in compounding, manufacturing, producing, processing, or preparing controlled substances. (9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances. (10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or products or materials used or intended for use in manufacturing, producing, processing, or preparing controlled substances. City Council Meeting of February 19, 2013 (Item No. 8a) Page 4 Title: Amending Chpt 18 - Offenses & Miscellaneous Provisions to Include Regulations for Drug Paraphernalia (11) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances to include, but not limited to, marijuana, cocaine, hashish, or hashish oil into the human body, including: a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls. b) Water pipes. c) Carburetion tubes and devices. d) Smoking and carburetion masks. e) Objects, sometimes commonly referred to as roach clips, used to hold burning material, for example, a marijuana cigarette, that has become too small or too short to be held in the hand. f) Miniature cocaine spoons and cocaine vials. g) Chamber pipes. h) Carburetor pipes. i) Electric pipes. j) Air driven pipes. k) Chillums. l) Bongs. m) Ice pipes or chillers. (b) Exceptions. Drug paraphernalia shall not include: (1) Those items used in conjunction with permitted uses of controlled substances under the Uniform Controlled Substances Act; (2) Those items used by law enforcement officials as it relates to the seizure or forfeiture of drug paraphernalia in connection with a crime or offense; (3) Those items used by federal, state or local law enforcement officials for educational purposes; (4) The possession, manufacture, delivery or sale of hypodermic needles or syringes in accordance with Minn. Stat. § 151.40 or as it may be amended. (c) Other terms. Other terms are defined as specified in Minnesota Statutes § 152.01 and any amendment thereto. Sec. 18-95. Drug paraphernalia evidence. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors: (a) Statements by an owner or by anyone in control of the object concerning its use. (b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance. (c) The proximity of the object, in time and space, to a direct violation of this section. (d) The proximity of the object to controlled substances. (e) The existence of any residue of controlled substances on the object. City Council Meeting of February 19, 2013 (Item No. 8a) Page 5 Title: Amending Chpt 18 - Offenses & Miscellaneous Provisions to Include Regulations for Drug Paraphernalia (f) Direct or circumstantial evidence of the intent of an owner, or of any person in control of the object, to deliver the object to another person whom the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of this section. The innocence of an owner, or of any person in control of the object, as to a direct violation of this section may not prevent a finding that the object is intended or designed for use as drug paraphernalia. (g) Instructions, oral or written, provided with the object concerning the object's use. (h) Descriptive materials accompanying the object, which explain or depict the object's use. (i) National and local advertising concerning the object's use. (j) The manner in which the object is displayed for sale. (k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, for example, a licensed distributor or dealer of tobacco products. (l) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise. (m) The existence and scope of legitimate uses for the object in the community. (n) Expert testimony concerning the object's use. (o) The actual or constructive possession by the owner or by a person in control of the object or the presence in a vehicle or structure where the object is located of written instructions, directions, or recipes to be used, or intended or designed to be used, in manufacturing, producing, processing, preparing, testing, or analyzing a controlled substance. Sec. 18-96. Prohibited acts. (a) Use or possession prohibited. It is unlawful for any person knowingly or intentionally to use or to possess drug paraphernalia. Any violation of this subsection is a petty misdemeanor. (b) Delivery or manufacturing prohibited. A person may not deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, if that person knows or should reasonably know that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, enhance, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of Minnesota Statutes, Chapter 152, as amended, or any other State or Federal law, rule, or regulation governing the manufacture, delivery, sale, advertisement, possession, and/or use of controlled substances. Any violation of this subsection is a misdemeanor. (c) Delivery or sale to minors prohibited. Any person 18 years of age or over who violates Sec. 18-210(b) by selling or delivering drug paraphernalia and said sale or delivery is to City Council Meeting of February 19, 2013 (Item No. 8a) Page 6 Title: Amending Chpt 18 - Offenses & Miscellaneous Provisions to Include Regulations for Drug Paraphernalia a person who is under 18 year of age and at least 3 years his or her junior shall also be violating this paragraph as well as Sec. 18-210(b). Any violation of this subsection is a misdemeanor. (d) Advertisement prohibited. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any violation of this subsection is a misdemeanor. Sec. 18-97. Civil Forfeiture. All drug paraphernalia as defined in this article are subject to forfeiture, subject to the provisions set forth in Minnesota Statutes. Sec. 18-98. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or application of this article which can be given effect without the invalid provision or application, and to this end, the provisions of this article are severable. SECTION 2. Section 8-373(2) is amended to read as follows: The applicant has been convicted of any violation of a federal, state or local law, ordinance or other regulation relating to tobacco, tobacco products, tobacco related devices or drug paraphernalia. SECTION 3. This ordinance shall be deemed adopted and take effect fifteen days after its publication. First Reading February 19 , 2013 Second Reading March 4, 2013 Date of Publication March 14, 2013 Date Ordinance takes effect March 29, 2013 Reviewed for Administration: Adopted by the City Council ___________, 2013 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney