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HomeMy WebLinkAbout2013/05/06 - ADMIN - Agenda Packets - City Council - RegularAGENDA MAY 6, 2013 (Mayor Jacobs & Councilmember Ross Out) 6:30 p.m. SPECIAL STUDY SESSION – Council Chambers Discussion Items 1. 6:30 p.m. HR Update 7:10 p.m. ECONOMIC DEVELOPMENT AUTHORITY -- Council Chambers 1. Call to Order 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes March 18, 2013 4. Approval of Agenda 5. Reports 5a. EDA Vendor Claims 6. Old Business -- None 7. New Business 7a. Establishment of the Eliot Park Tax Increment Financing District Recommended Action: Motion to Adopt EDA Resolution approving the establishment of the Eliot Park Tax Increment Financing District within Redevelopment Project No. 1 (a redevelopment district). 7b. Authorization to Submit Contamination Cleanup Grant Application Related to Eliot Park Project Recommended Action: Motion to Adopt EDA Resolution authorizing the Executive Director and President to submit a grant application to the Metropolitan Council Tax Base Revitalization Grant Program on behalf of Eliot Park Apartments, LLC. 8. Communications 9. Adjournment 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Recognition of Boards and Commissions Members 2b. Sheriff’s Office Update Meeting of May 6, 2013 City Council Agenda 3. Approval of Minutes 3a. City Council Meeting Minutes April 1, 2013 3b. Study Session Meeting Minutes April 8, 2013 3c. City Council Meeting Minutes April 15, 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. Establishment of the Eliot Park Tax Increment Financing District and Related TIF Plan Recommended Action: Conduct Public Hearing and Adopt Resolution establishing the Eliot Park Tax Increment Financing District within Redevelopment Project No. 1 and approving the related TIF Plan. 7. Requests, Petitions, and Communications from the Public -- None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading of Background Checks Ordinance Amendment Recommended Action: Motion to Approve First Reading of an Ordinance amending the St. Louis Park Code of Ordinances Chapter 16 relating to criminal history background checks. 8b. Healthy Eating and Active Living Policy Recommended Action: Motion to Adopt Resolution and the Healthy Eating and Active Living Policy. 8c. Conditional Use Permit - Educational Facility w/ Student Housing (3115 Ottawa Ave. S.) Recommended Action: Motion to Adopt Resolution approving the Conditional Use Permit (CUP) for Yeshiva of Minneapolis, with conditions recommended by staff. 8d. Approval of 2013-2018 Solid Waste Collection Contracts Recommended Action: Motion to Adopt Resolution which designates Waste Management for residential garbage and recycling collection services and Advanced Disposal for residential yard waste and organic waste collection services and authorizes the Mayor and City Manager to execute contracts with the respective companies for those services. 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 May 6, 2013 City Council Agenda CONSENT CALENDAR 4a. Designate Black and Dew the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $1,493,000 for the base bid and Bid Alternates 1, 2, and 3 for a total contract amount of $1,620,100 for City Hall Renovation Project No. 2900-1600 4b. Approve Second Reading and Adopt Ordinance amending Chapter 8, Subdivisions IV – Food and Beverage, V – Public Sanitary Facilities, and VII – Lodging and Chapter 12, Article 1 – Environmental and Public Health and approve summary ordinance for publication on May 16, 2013 4c. Adopt Resolution approving acceptance of a monetary donation from Paul Weinreis through the United States Tennis Association (“USTA”) in the amount of $600 to purchase equipment for the City’s youth tennis program 4d. Adopt Resolution approving acceptance of a $2,200 donation from Walt Wayne for the purchase and installation of a memorial bench at the Westwood Hills Nature Center in memory of Sandra Kay Wayne 4e. Adopt Resolution authorizing final payment in the amount of $4,226.50 and accepting work for Fire Stations No. 1 and No. 2 Work Scope 16 (Carpet and Resilient Flooring) for Project Nos. 2008-3001 and 2008-3002, City Contract No. 56-11 4f. Approve temporary on-sale intoxicating liquor license for the St. Louis Park Sunrise Rotary, P.O. Box 16678, St. Louis Park, for an event to be held on May 16, 2013 at Excelsior & Grand Apartment Club Room, located at 3820 Grand Way in St. Louis Park 4g. Adopt Resolution accepting work and authorizing final payment in the amount of $14,225.33 for the 2012 Beltline Boulevard mill and overlay project with Hardrives, Inc. – Project No. 2014-1102, Contract No. 137-12 4h. Approve the 2013/2014 Neighborhood Grants 4i. Adopt Resolution authorizing the elimination of the permit parking restriction in front of 3112 Edgewood Avenue South 4j. Approve right of way purchase in the total amount of $24,000 for Parcel 4 (7201 Lake Street – 7201 Lake Street LLC), and authorize the City Attorney to execute stipulation of settlement 4k. Designate Valley Paving, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $129,114.95 for the 2013 MSA Street Rehab (Parkdale Drive) Project - Project #2013-1101 4l. Adopt Resolution accepting work and authorizing final payment in the amount of $22,445.44 for the 2012 MSA Street Rehab (Louisiana Avenue) project with Bituminous Roadways, Inc. – Project No. 2011-1100, Contract No. 89-12 4m. Approve for filing Planning Commission Meeting Minutes March 20, 2013 4n. Approve for filing Fire Civil Service Commission Meeting Minutes March 12, 2013 4o. Approve for filing Fire Civil Service Commission Meeting Minutes April 10, 2013 4p. Approve for filing Vendor Claims 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: May 6, 2013 Discussion Item 1 EXECUTIVE SUMMARY TITLE: Human Resources Update RECOMMENDED ACTION: No action needed. This discussion is to provide an update to Council on current and upcoming Human Resources activities. POLICY CONSIDERATION: None at this time. SUMMARY: From time to time the City Manager has scheduled time to update Council on activities related to Human Resources as needed. Some of the areas we have discussed with Council include staffing, organizational changes, employee/labor relations, etc. On Monday, the purpose of this discussion is to update Council on the following: • New Department Structure: Dept. of Operations and Recreation, Dept. of Engineering • Fire Chief Recruitment • Community Development Staff Assignments • Labor Negotiations 2014 FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Operations & Recreation Department Organizational Chart Engineering Department Organizational Chart Prepared by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Operations and Recreation2013Operations and Recreation Director (1)Parks and Recreation Advisory CommissionPark Superintendent (1)Rec Center Manager (1)Recreation Superintendent (1)Nature Center Manager (1)Environmental Coordinator (1)Administrative Secretary (1)Naturalist (2.25)Secretary/Program Aide (1)Field Supervisor (1)Public Service Worker (9)Recreation Supervisor (2)Office Assistant (1)Public Service Worker (6)Equipment Supt (1)Public Service Worker (1)Mechanic (4)Recreation Coordinator (1)Environment and Sustainability CommissionPublic Works Superintendent (1)Utilities Manager (1)Infrastructure Manager (1)Operations Manager (1)Field Supervisor (2)Public Service Worker (8)Mechanic (3)Field Supervisor (2)Public Service Worker (11)Admin Spec (1)Info Spec (2)SW Field Inspector (1)Secretary (3)Special Study Session Meeting of May 6, 2013 (Item No. 1) Title: Human Resources UpdatePage 2 Engineering2013Engineering Director (1)City Engineer (1)Engineering Program Coordinator (1)Engineering Technician III (4)Senior Engineering Project Manager (2)Engineering Technician II (1)Water Resources Manager (1)Environment and Sustainability CommissionDepartment Secretary (1)Special Study Session Meeting of May 6, 2013 (Item No. 1) Title: Human Resources UpdatePage 3 Meeting: Economic Development Authority Meeting Date: May 6, 2013 Minutes: 3a UNOFFICIAL MINUTES ECONOMIC DEVELOPMENT AUTHORITY ST. LOUIS PARK, MINNESOTA MARCH 18, 2013 1. Call to Order President Santa called the meeting to order at 7:20 p.m. Commissioners present: President Sue Santa, Steve Hallfin, Jeff Jacobs, Anne Mavity, Julia Ross, Susan Sanger, and Jake Spano. Commissioners absent: None. Staff present: Executive Director (Mr. Harmening) and Recording Secretary (Ms. Hughes). 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes January 7, 2013 The minutes were approved as presented. 4. Approval of Agenda The agenda was approved as presented. 5. Reports 5a. EDA Vendor Claims It was moved by Commissioner Ross, seconded by Commissioner Jacobs, to accept for filing Vendor Claims for the period December 29, 2012, through March 8, 2013. The motion passed 7-0. 6. Old Business - None 7. New Business 7a. Request the City Council to Call a Public Hearing to Consider Establishment of the Eliot Park Tax Increment Financing District. EDA Resolution No. 13-01 Mr. Harmening presented the staff report and explained that the developer of the Eliot Park project has requested Tax Increment Financing (TIF) assistance for the redevelopment of the former Eliot School site. He stated the City Council previously Economic Development Authority Meeting of May 6, 2013 (Item No. 3a) Page 2 Title: EDA Meeting Minutes of March 18, 2013 reviewed the TIF request at its February 25th study session and the request was favorably received. He indicated the next step is for the City Council to hold a public hearing on the creation of a TIF district, which is proposed for May 6, 2013. It was moved by Commissioner Jacobs, seconded by Commissioner Ross, to adopt EDA Resolution No. 13-01 Requesting a City Public Hearing on a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Establishment of the Eliot Park Tax Increment Financing District (A Redevelopment District). The motion passed 7-0. 8. Communications - None 9. Adjournment The meeting adjourned at 7:22 p.m. ______________________________________ ______________________________________ Secretary President Meeting: Economic Development Authority Meeting Date: May 6, 2013 Agenda Item: 5a EXECUTIVE SUMMARY TITLE: EDA Vendor Claims RECOMMENDED ACTION: Motion to accept for filing EDA Vendor Claims for the period March 9 through April 26, 2013. POLICY CONSIDERATION: Not applicable. SUMMARY: The Finance Department prepares this report on a monthly basis for Council’s review. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: EDA Vendor Claims Prepared by: Connie Neubeck, Account Clerk 4/30/2013CITY OF ST LOUIS PARK 12:50:10R55CKSUM LOG23000VO 1Page -Council Check Summary 4/26/2013 -3/9/2013 Vendor AmountBusiness Unit Object 463.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSAMERICAN PLANNING ASSOC 463.00 249.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSCITIZENS INDEPENDENT BANK 249.00 1,297.00WEST END TIF DIST G&A OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC 1,395.00ELLIPSE ON EXC TIF DIST G&A OTHER CONTRACTUAL SERVICES 100.00ELLIPSE II G&A OTHER CONTRACTUAL SERVICES 1,297.00HSTI G&A OTHER CONTRACTUAL SERVICES 1,297.00VICTORIA PONDS G&A OTHER CONTRACTUAL SERVICES 1,297.00PARK CENTER HOUSING G&A OTHER CONTRACTUAL SERVICES 1,297.00CSM TIF DIST G&A OTHER CONTRACTUAL SERVICES 1,297.00MILL CITY G&A OTHER CONTRACTUAL SERVICES 2,097.00PARK COMMONS G&A OTHER CONTRACTUAL SERVICES 1,297.00EDGEWOOD TIF DIST G & A OTHER CONTRACTUAL SERVICES 5,797.00ELMWOOD VILLAGE G & A OTHER CONTRACTUAL SERVICES 1,297.00WOLFE LAKE COMMERCIAL TIF G&A OTHER CONTRACTUAL SERVICES 1,297.00AQUILA COMMONS G & A OTHER CONTRACTUAL SERVICES 1,297.00HWY 7 BUSINESS CENTER G & A OTHER CONTRACTUAL SERVICES 1,291.00HARD COAT G & A OTHER CONTRACTUAL SERVICES 23,650.00 5,000.00PUBLIC ART OTHER CONTRACTUAL SERVICESFORECAST PUBLIC ART 5,000.00 10,000.00HRA LEVY G&A LEGAL SERVICESFRANZEN & ASSOCIATES LLC 10,000.00 12,275.72DEVELOPMENT - EDA BALANCE SHEE DUE TO OTHER GOVTSHENNEPIN COUNTY TREASURER 4,542.60DEVELOPMENT - EDA G&A PAYMENT IN LIEU OF TAXES 16,818.32 60.00PARK CENTER HOUSING G&A LEGAL SERVICESKENNEDY & GRAVEN 495.00HARD COAT G & A LEGAL SERVICES 555.00 600.00DEVELOPMENT - EDA G&A TRAININGLEARNING JOURNEYS 600.00 5,000.00DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESMCCD 5,000.00 Economic Development Authority Meeting of May 6, 2013 (Item No. 5a) Title: EDA Vendor Claims Page 2 4/30/2013CITY OF ST LOUIS PARK 12:50:10R55CKSUM LOG23000VO 2Page -Council Check Summary 4/26/2013 -3/9/2013 Vendor AmountBusiness Unit Object 225.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSMNCAR EXCHANGE 225.00 400.16DEVELOPMENT - EDA G&A TELEPHONENEXTEL COMMUNICATIONS 400.16 41.34DEVELOPMENT - EDA G&A OFFICE SUPPLIESOFFICE DEPOT 41.34 2,500.00CONVENTION & VISITORS BUREAU MISC EXPENSEPARKTACULAR 2,500.00 6,303.62DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESSEH 6,303.62 38.73DEVELOPMENT - EDA G&A MEETING EXPENSESELLS, NANCY 38.73 1,797.62DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESSRF CONSULTING GROUP INC 1,797.62 91,299.53CONVENTION & VISITORS BUREAU COST REIMBURSEMENT-VISIONST LOUIS PARK CONV & VISITORS 91,299.53 225.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSULI-THE URBRAN LAND INSTITUTE 225.00 31.55HWY 7 & LOUISIANA ELECTRIC SERVICEXCEL ENERGY 31.55 Report Totals 165,197.87 Economic Development Authority Meeting of May 6, 2013 (Item No. 5a) Title: EDA Vendor Claims Page 3 Meeting: Economic Development Authority Meeting Date: May 6, 2013 Action Agenda Item: 7a EXECUTIVE SUMMARY TITLE: Establishment of the Eliot Park Tax Increment Financing District RECOMMENDED ACTION: Motion to Adopt EDA Resolution approving the establishment of the Eliot Park Tax Increment Financing District within Redevelopment Project No. 1 (a redevelopment district). POLICY CONSIDERATION: Does the EDA support the establishment of the Eliot Park Tax Increment Financing District to facilitate the construction of a multi-family residential project at 6800 and 6720 Cedar Lake Rd? Does the EDA support authorizing an Interfund Loan for advance of certain costs in connection with the administration of the Eliot Park TIF District? SUMMARY: Hunt Associates’ application for Tax Increment Financing (TIF) assistance in connection with the redevelopment of 6800 and 6720 Cedar Lake Road (former Eliot School property) was reviewed at the February 25th Study Session where it received consensus support. Constructing the proposed Eliot Park project is not economically feasible without some financial assistance. At its March 18th meeting, the City Council set a public hearing date of May 6, 2013 for consideration of the proposed Eliot Park Redevelopment TIF District. It is now time to take the final step in the TIF process which is to formally authorize the creation of the TIF district. Such authorization enables the EDA to use tax increment generated from the proposed Eliot Park project to Hunt Associates as reimbursement for qualified costs incurred in the construction of the proposed project. Establishment of TIF districts also requires a public hearing and the approval of the City Council. Thus, during its meeting Monday evening the City Council will hold a public hearing on this topic, after which it will be asked to approve the establishment of the Eliot Park TIF District. FINANCIAL OR BUDGET CONSIDERATION: Authorizing the establishment of the Eliot Park TIF District does not, in itself, commit the EDA to any specific level of financial assistance for the proposed project. Procedurally, it simply creates the funding vehicle to reimburse the Redeveloper for a portion of its qualified project costs. The terms and amount of TIF assistance are specified within the Redevelopment Contract with Eliot Park Apartments, LLC which is scheduled for consideration May 20th. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Resolutions Overview Eliot Park TIF Plan Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Deno, EDA Deputy Executive Director/Deputy City Manager Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Page 2 Title: Establishment of the Eliot Park Tax Increment Financing District DISCUSSION BACKGROUND: Hunt Associates has a purchase agreement with Independent School District 283 to acquire the former Eliot School property (located at 6800 & 6720 Cedar Lake Road) for $2,075,000. The firm proposes to raze the existing school building and construct a $25 million residential development on the site consisting of 138 market rate apartment units (distributed between two buildings) and two single family homes. Both apartment buildings would be staggered in height with two and three stories so as to blend into the surrounding single family neighborhood and would feature structured underground parking. The proposed single family home lots at the north end of the site would be sold to a different development group. The proposed site plan includes areas for a stormwater pond; sidewalks; landscaping; and small children’s play area. Request for Tax Increment Assistance In order to pursue this project Hunt Associates applied for tax increment assistance from the EDA to offset a portion of the extraordinary costs of redeveloping the site such as hazardous waste abatement within the former school building, demolition and constructing Eliot Park in conformance with the Eliot Community Center Site Reuse Study / Design Guidelines. Hunt Associates’ preliminary sources and uses statements, cash flow projections, and investor rate of return (ROR) related to Eliot Park were reviewed by Staff and Ehlers & Associates. The estimates were found to be reasonable and within industry standards for this type of redevelopment. It was also concluded that constructing Eliot Park inclusive of the extraordinary site and building costs noted above was not economically feasible without some financial assistance from the EDA. Upon analysis by Ehlers and Staff, and discussion with Hunt Associates, it was determined that $1.1 million in tax increment assistance would allow the project to move forward. Providing assistance makes it possible to construct a high quality housing development on a former tax exempt property. This proposed amount is consistent with other similar sized multi-family residential developments the EDA has previously assisted. The EDA’s participation would leverage approximately $25 million in new investment. The ratio of private to public investment in the project is $23 to $1. As a percentage of total project cost the requested amount of financial assistance is approximately 4%. Upon project completion, tax increment generated from the increased value of the property would be provided to Hunt Associates on a "pay-as-you -go" basis, which is the preferred financing method under the City's TIF Policy. Eliot Park meets the requirements of a Redevelopment TIF District (25 year TIF District). Under such a TIF district, the proposed project would generate the requested $1.1 million in approximately 6.5 years. TIF District Approvals The EDA/City Council reviewed Hunt Associates’ TIF application at the February 25th Study Session. Following discussion there was consensus support for favorably considering the project and the Redeveloper’s request for financial assistance. As a result, staff was directed to call for a public hearing on the proposed TIF district and to begin drafting a formal redevelopment contract with Hunt Associates. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Page 3 Title: Establishment of the Eliot Park Tax Increment Financing District At its March 18th meeting, the City Council set a public hearing date of May 6, 2013 for consideration of the proposed Eliot Park Redevelopment TIF District. The Planning Commission reviewed the Eliot Park Tax Increment Financing Plan on April 17th, as required by the TIF Act, and determined it was in conformance with the City’s Comprehensive Plan. A report on the potential business terms that would serve as the basis for a development contract with Hunt Associates was submitted at the April 22nd Study Session. Synopsis of the Proposed TIF District In order to provide the Redeveloper with the proposed financial assistance a new redevelopment TIF district must be established. The proposed Eliot Park TIF District consists of two parcels: 6800 and 6720 Cedar Lake Road. Attached is an Overview which summarizes the basic elements of the proposed TIF District. Details of the proposed TIF District may be found in the attached Eliot Park TIF District Plan. Both the Overview and TIF Plan were prepared by the EDA’s TIF consultant, Ehlers & Associates. In a general sense, TIF plans may be viewed as enabling legislation. They establish the proposed TIF district’s classification, geographic boundaries, maximum duration, maximum budget authority for tax increment revenues and expenditures, fiscal disparities election as well as estimated impact on various taxing jurisdictions along with findings which statutorily qualify the district. The specific mutual obligations between the EDA and the Redeveloper as well as the precise terms of the financial assistance are contained in the separate Contract for Private Redevelopment between the parties (to be considered May 20th). Both the TIF Plan and the Redevelopment Contract need to be approved in order for economic development or redevelopment projects involving tax increment to proceed. The proposed Eliot Park TIF District is within the City’s Redevelopment Project Area as is statutorily required. Inclusion of the proposed project within a designated Redevelopment Project Area gives the EDA/Council the authority to assist with all the redevelopment actions necessary to implement the Eliot Park project. Duration of the District Under the TIF Act, the duration of redevelopment districts is up to 25 years after receipt of the first increment by the City (a total of 26 years of tax increment). The date of receipt by the City of the first tax increment is expected to be either 2015 or 2016. Thus, the full term of the district is estimated to terminate in 2040 or 2041. The EDA and City have the right to decertify the District prior to the legally required date. As previously indicated, the City’s expressed obligations to the Redeveloper will likely be satisfied in less than 6.5 years. Soon thereafter, the City would likely terminate the district. TIF District Budget It should be noted that the financing uses and project costs reflected within the Uses of Funds (Section 2-10) of the proposed TIF Plan is a not-to-exceed budget and not the actual expected project budget. Fiscal Disparities Election The proposed development will not contain any commercial or industrial property therefore the TIF District is exempt from the fiscal disparities calculation. However, because it is a redevelopment TIF district the City/EDA is required to make a fiscal disparities election within the TIF Plan. Thus, the TIF Plan states that the Eliot Park TIF District will contribute to fiscal Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Page 4 Title: Establishment of the Eliot Park Tax Increment Financing District disparities (as opposed to the tax base of the City making the contribution). This is consistent with the City’s TIF Policy and past practice. Feasibility of the Eliot Park TIF District Last fall, LHB, Inc. was retained to conduct a state-required inspection to determine if the proposed project site qualified as a redevelopment TIF district. LHB’s Report of Inspection Procedures and Results for Determining Qualifications Of A Tax Increment Financing District As A Redevelopment District: Eliot Park District, St. Louis Park, MN dated October 29, 2012 concluded that the proposed site met both the “Coverage Test” and the “Condition of Buildings Test” and thus qualified under Minnesota Statutes Section 479.174, Subdivision 10 as a redevelopment TIF district. PRESENT CONSIDERATIONS: None NEXT STEPS: The Redevelopment Contract with Eliot Park Apartments, LLC which specifies the terms and amount of TIF assistance is scheduled for EDA consideration May 20th. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Page 5 Title: Establishment of the Eliot Park Tax Increment Financing District ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY CITY OF ST. LOUIS PARK HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 13-____ RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1, ESTABLISHING ELIOT PARK TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR WHEREAS, it has been proposed by the Board of Commissioners (the "Board") of the St. Louis Park Economic Development Authority (the "EDA") and the City of St. Louis Park (the "City") that the EDA adopt a Modification to the Redevelopment Plan (the "Redevelopment Plan Modification") for Redevelopment Project No. 1 (the "Project Area") and establish the Eliot Park Tax Increment Financing District (the "District") and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1799, inclusive, as amended (the "Act"), all as reflected in the Plans and presented for the Board's consideration; and WHEREAS, the EDA has investigated the facts relating to the Plans and has caused the Plans to be prepared; and WHEREAS, the EDA has performed all actions required by law to be performed prior to the adoption of the Plans, including without limitation requesting that the City Planning Commission provide for review of and written comment on the Plans and that the Council schedule a public hearing on the Plans upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The EDA hereby finds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10 (a)(1), and finds that the adoption of the proposed Plans conform in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State of Minnesota which is already built up, and that the adoption of the proposed Plans will help provide employment opportunities in the State and will preserve and enhance the tax base of the City and the State because it will discourage commerce and industry from moving their operations to another state or municipality, and thereby serves a public purpose. 2. The EDA further finds that the Plans will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project Area by private enterprise, in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Page 6 Title: Establishment of the Eliot Park Tax Increment Financing District 3. The boundaries of the Project Area are not being expanded. 4. The reasons and facts supporting the findings in this resolution are described in the Plans. 5. The EDA elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means any fiscal disparities contribution will be taken from inside the District. 6. Subject to approval thereof by the City Council following its public hearing thereon, the Plans, as presented to the EDA on this date, are hereby approved, established and adopted and shall be placed on file in the office of the Executive Director of the EDA. 7. Upon approval of the Plans by the City Council, the staff, the EDA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Plans does not constitute approval of any project or a Development Agreement with any developer. 8. Upon approval of the Plans by the City Council, the Executive Director of the EDA is authorized and directed to forward a copy of the Plans to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 9. The Executive Director of the EDA is authorized and directed to forward a copy of the Plans to the Hennepin County Auditor and request that the Auditor certify the original tax capacity of the District as described in the Plans, all in accordance with Minnesota Statutes 469.177. Reviewed for Administration: Adopted by the Economic Development Authority May 6, 2013 Executive Director President Attest Secretary Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Page 7 Title: Establishment of the Eliot Park Tax Increment Financing District ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY CITY OF ST. LOUIS PARK HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 13-____ RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH THE ELIOT PARK TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED by the Board of Commissioners (the "Board") of the St. Louis Park Economic Authority (the "EDA") of the City of St. Louis Park, Minnesota, as follows: WHEREAS, the City Council for the City of St. Louis Park, Minnesota (the "City"), intends to establish the Eliot Park Tax Increment Financing District (the "TIF District") within Redevelopment Project No. 1 (the "Project"), and will adopt a Tax Increment Financing Plan (the "TIF Plan") for the purpose of financing certain improvements within the Project. WHEREAS, the EDA has determined to use tax increments from the TIF District to pay for certain costs identified in the TIF Plan, which may include land/building acquisition, site improvements/preparation, utilities, other qualifying improvements, interest and administrative costs (collectively, the "Qualified Costs"), which costs may be financed on a temporary basis from EDA funds available for such purposes. WHEREAS, under Minnesota Statutes, Section 469.178, Subd. 7, the EDA is authorized to advance or loan money from the EDA's general fund or any other fund from which such advances may be legally authorized, in order to finance the Qualified Costs. WHEREAS, the EDA intends to reimburse itself for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). NOW THEREFORE BE IT RESOLVED by the Board as follows: 1. The EDA hereby authorizes the advance of up to $50,000 from any legally authorized EDA fund or so much thereof as may be paid as Qualified Costs. The EDA shall reimburse itself for such advances together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 4% and will not fluctuate. 2. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first Payment Date on which the EDA has Available Tax Increment (defined below), or on Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Page 8 Title: Establishment of the Eliot Park Tax Increment Financing District any other dates determined by the Executive Director of the EDA, through the date of last receipt of tax increment from the TIF District. 3. Payments on this Interfund Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, tax increment available after other obligations have been paid, or as determined by the Executive Director of the EDA, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the City by Hennepin County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799, all inclusive, as amended. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 4. The principal sum and all accrued interest payable under this Interfund Loan are pre- payable in whole or in part at any time by the EDA without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. 5. This Interfund Loan is evidence of an internal borrowing by the EDA in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the EDA. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. The EDA shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 6. The EDA may amend the terms of this Interfund Loan at any time by resolution of the Board, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Reviewed for Administration: Adopted by the Economic Development Authority May 6, 2013 Executive Director President Attest Secretary Tax Increment Financing District Overview City of St. Louis Park Eliot Park Tax Increment Financing District The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District. More detailed information on each of these topics can be found in the complete TIF Plan. Proposed action: Establishment of the Eliot Park Tax Increment Financing District ("District") and the adoption of a Tax Increment Financing Plan. ("TIF Plan") Modification of the Redevelopment Plan for Redevelopment Project No. 1, which includes the establishment of the Eliot Park TIF District. Type of TIF District: a redevelopment district Parcel Numbers: 08-117-21-11-0079 18-117-21-12-0028 Proposed Development: The District is being created to facilitate the redevelopment of the Eliot Park School Property by Hunt Associates into a residential development consisting of 138 market rate apartment units and 2 single family homes in the City. Please see Appendix A of the TIF Plan for a more detailed project description. Maximum duration: Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b., the duration of the District will be 25 years after receipt of the first increment by the EDA or City (a total of 26 years of tax increment). The EDA or City elects to receive the first tax increment in 2015, which is no later than four years following the year of approval of the District. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2040, or when the TIF Plan is satisfied. The EDA or City reserves the right to decertify the District prior to the legally required date. Estimated annual tax increment: Up to $557,566 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 9 Page 2 Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land/Building Acquisition ........................................................ $1,000,000 Site Improvements/Preparation ................................................. $2,000,000 Utilities ......................................................................................... $500,000 Other Qualifying Improvements ............................................... $1,904,624 Administrative Costs (up to 10%) ................................................ $982,537 PROJECT COSTS TOTAL ......................................................... $472,585 Interest ...................................................................................... $4,420,741 PROJECT COST AND INTEREST COST TOTAL ........ $10,807,902 See Subsection 2-10, page 2-6 of the TIF Plan for the full budget authorization. Form of financing: The project is proposed to be financed by a pay-as-you-go note. Administrative fee: Up to 10% of annual increment, if costs are justified. It is estimated that the City will only utilize 5% of annual increment. Interfund Loan Requirement: If the City wants to pay for administrative expenditures from a tax increment fund, it is recommended that a resolution authorizing a loan from another fund be passed PRIOR to the issuance of the check. 4 Year Activity Rule (§ 469.176 Subd. 6) After four years from the date of certification of the District one of the following activities must have been commenced on each parcel in the District: • Demolition • Rehabilitation • Renovation • Other site preparation (not including utility services such as sewer and water) If the activity has not been started by approximately May 2017, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity. 5 Year Rule (§ 469.1763 Subd. 3) Within 5 years of certification revenues derived from tax increments must be expended or obligated to be expended. Any obligations in the District made after approximately May 2018, will not be eligible for repayment from tax increments. The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required pursuant to M.S., Section 469.175, Subd. 3, are included in Exhibit F of the TIF Plan Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 10 Page 3 MAPS OF REDEVELOPMENT PROJECT NO. 1 AND THE ELIOT PARK TAX INCREMENT FINANCING DISTRICT Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 11 Page 4 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 12 As of April 23, 2013 Draft for Public Hearing Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plan for the establishment of the Eliot Park Tax Increment Financing District (a redevelopment district) within Redevelopment Project No. 1 St. Louis Park Economic Development Authority City of St. Louis Park Hennepin County State of Minnesota Public Hearing: May 6, 2013 Adopted: Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 13 Table of Contents (for reference purposes only) Section 1 - Modification to the Redevelopment Plan for Redevelopment Project No. 1 Foreword ............................................................. 1-1 Section 2 - Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District Subsection 2-1. Foreword............................................... 2-1 Subsection 2-2. Statutory Authority........................................ 2-1 Subsection 2-3. Statement of Objectives ................................... 2-1 Subsection 2-4. Redevelopment Plan Overview .............................. 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired . 2-2 Subsection 2-6. Classification of the District................................. 2-2 Subsection 2-7. Duration and First Year of Tax Increment of the District ........... 2-4 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements ................ 2-4 Subsection 2-9. Sources of Revenue/Bonds to be Issued ...................... 2-5 Subsection 2-10. Uses of Funds ........................................... 2-6 Subsection 2-11. Fiscal Disparities Election.................................. 2-6 Subsection 2-12. Business Subsidies....................................... 2-7 Subsection 2-13. County Road Costs ....................................... 2-8 Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions................. 2-8 Subsection 2-15. Supporting Documentation ................................ 2-10 Subsection 2-16. Definition of Tax Increment Revenues ....................... 2-10 Subsection 2-17. Modifications to the District................................ 2-10 Subsection 2-18. Administrative Expenses .................................. 2-11 Subsection 2-19. Limitation of Increment ................................... 2-12 Subsection 2-20. Use of Tax Increment .................................... 2-13 Subsection 2-21. Excess Increments ...................................... 2-13 Subsection 2-22. Requirements for Agreements with the Developer .............. 2-13 Subsection 2-23. Assessment Agreements ................................. 2-14 Subsection 2-24. Administration of the District ............................... 2-14 Subsection 2-25. Annual Disclosure Requirements ........................... 2-14 Subsection 2-26. Reasonable Expectations ................................. 2-14 Subsection 2-27. Other Limitations on the Use of Tax Increment................. 2-15 Subsection 2-28. Summary.............................................. 2-15 Appendix A Project Description ...................................................... A-1 Appendix B Maps of Redevelopment Project No. 1 and the District .......................... B-1 Appendix C Description of Property to be Included in the District ............................ C-1 Appendix D Estimated Cash Flow for the District ........................................ D-1 Appendix E Minnesota Business Assistance Form ....................................... E-1 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 14 Appendix F Redevelopment Qualifications for the District .................................. F-1 Appendix G Findings Including But/For Qualifications..................................... G-1 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 15 St. Louis Park Economic Development Authority Modification to the Redevelopment Plan for Redevelopment Project No. 1 1-1 Section 1 - Modification to the Redevelopment Plan for Redevelopment Project No. 1 Foreword The following text represents a Modification to the Redevelopment Plan for Redevelopment Project No. 1. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Redevelopment Project No. 1. Generally, the substantive changes include the establishment of the Eliot Park Tax Increment Financing District. For further information, a review of the Redevelopment Plan for Redevelopment Project No. 1 is recommended. It is available from the City Clerk at the City of St. Louis Park. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Redevelopment Project No. 1. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 16 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-1 Section 2 - Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District Subsection 2-1. Foreword The St. Louis Park Economic Development Authority (the "EDA"), the City of St. Louis Park (the "City"), staff and consultants have prepared the following information to expedite the establishment of the Eliot Park Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in Redevelopment Project No. 1. Subsection 2-2. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the EDA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S."), Sections 469.090 to 469.1082, inclusive, as amended, and M.S., Sections 469.174 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Redevelopment Plan for Redevelopment Project No. 1. Subsection 2-3. Statement of Objectives The District currently consists of 2 parcels of land and adjacent and internal rights-of-way. The District is being created to facilitate the redevelopment of the former site of Eliot School by Hunt Associates into a residential development consisting of 138 market rate apartment units and 2 single family homes. Please see Appendix A for further District information. The EDA will be entering into an agreement with Hunt Associates to redevelop the site. Construction is expected to occur in 2013. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for Redevelopment Project No. 1. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Redevelopment Project No. 1 and the District. Subsection 2-4. Redevelopment Plan Overview 1. Property to be Acquired - Selected property located within the District may be acquired by the EDA or City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements, the EDA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The EDA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 17 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-2 Subsection 2-5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information on the location of the District. The EDA or City may acquire any parcel within the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the EDA or City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The EDA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 2-6. Classification of the District The EDA and City, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a redevelopment district pursuant to M.S., Section 469.174, Subd. 10(a)(1) as defined below: (a) "Redevelopment district" means a type of tax increment financing district consisting of a project, or portions of a project, within which the authority finds by resolution that one or more of the following conditions, reasonably distributed throughout the district, exists: (1) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; (2) The property consists of vacant, unused, underused, inappropriately used, or infrequently used rail yards, rail storage facilities or excessive or vacated railroad rights-of-way; (3) tank facilities, or property whose immediately previous use was for tank facilities, as defined in Section 115C, Subd. 15, if the tank facility: (i) have or had a capacity of more than one million gallons; (ii) are located adjacent to rail facilities; or (iii) have been removed, or are unused, underused, inappropriately used or infrequently used; or (4) a qualifying disaster area, as defined in Subd. 10b. (b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. (c) A building is not structurally substandard if it is in compliance with the building code applicable Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 18 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-3 to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs or other similar reliable evidence. The municipality may not make such a determination without an interior inspection of the property, but need not have an independent, expert appraisal prepared of the cost of repair and rehabilitation of the building. An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard. (d) A parcel is deemed to be occupied by a structurally substandard building for purposes of the finding under paragraph (a) or by the improvement described in paragraph (e) if all of the following conditions are met: (1) the parcel was occupied by a substandard building or met the requirements of paragraph (e), as the case may be, within three years of the filing of the request for certification of the parcel as part of the district with the county auditor; (2) the substandard building or the improvements described in paragraph (e) were demolished or removed by the authority or the demolition or removal was financed by the authority or was done by a developer under a development agreement with the authority; (3) the authority found by resolution before the demolition or removal that the parcel was occupied by a structurally substandard building or met the requirement of paragraph (e) and that after demolition and clearance the authority intended to include the parcel within a district; and (4) upon filing the request for certification of the tax capacity of the parcel as part of a district, the authority notifies the county auditor that the original tax capacity of the parcel must be adjusted as provided by § 469.177, subdivision 1, paragraph (f). (e) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15 percent of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures. (f) For districts consisting of two or more noncontiguous areas, each area must qualify as a redevelopment district under paragraph (a) to be included in the district, and the entire area of the district must satisfy paragraph (a). In meeting the statutory criteria the EDA and City rely on the following facts and findings: • The District is a redevelopment district consisting of 2 parcels. • An inventory shows that parcels consisting of more than 70 percent of the area in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures. • An inspection of the buildings located within the District finds that more than 50 percent of the buildings are structurally substandard as defined in the TIF Act. (See Appendix F). Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 19 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-4 Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111 or 273.112 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Subsection 2-7. Duration and First Year of Tax Increment of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b., the duration of the District will be 25 years after receipt of the first increment by the EDA or City (a total of 26 years of tax increment). The EDA or City elects to receive the first tax increment in 2015, which is no later than four years following the year of approval of the District. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2040, or when the TIF Plan is satisfied. The EDA or City reserves the right to decertify the District prior to the legally required date. Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2012 for taxes payable 2013. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2015) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the EDA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2013, assuming the request for certification is made before June 30, 2013. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Redevelopment Project No. 1, upon completion of the projects within the District, will annually approximate tax increment revenues as shown in the table below. The EDA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2015. The Project Tax Capacity (PTC) listed is an estimate of values when the projects within the District are completed. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 20 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-5 Project Estimated Tax Capacity upon Completion (PTC)$447,607 Original Estimated Net Tax Capacity (ONTC)$25,876 Estimated Captured Tax Capacity (CTC)$421,731 Original Local Tax Rate 1.32209 Pay 2013 Estimated Annual Tax Increment (CTC x Local Tax Rate) $557,566 Percent Retained by the EDA 100% Tax capacity includes a 3% inflation factor for the duration of the District. The tax capacity included in thischart is the estimated tax capacity of the District in year 25. The tax capacity of the District in year one isestimated to be $107,813. Pursuant to M.S., Section 469.177, Subd. 4, the EDA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City is reviewing the area to be included in the District to determine if any building permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the City. Subsection 2-9. Sources of Revenue/Bonds to be Issued The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The EDA or City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. As presently proposed, the projects within the District will be financed by a pay-as-you-go note. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the EDA or City to incur debt. The EDA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The total estimated tax increment revenues for the District are shown in the table below: SOURCES OF FUNDS TOTAL Tax Increment $9,825,365 Interest $982,537 TOTAL $10,807,902 The EDA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments from the District in a maximum principal amount of $6,387,161. Such bonds may be in the form of pay-as- you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 21 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-6 Subsection 2-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate the redevelopment of the former site of Eliot School by Hunt Associates into a residential development consisting of 138 market rate apartment units and 2 single family homes. The EDA and City have determined that it will be necessary to provide assistance to the project(s) for certain District costs, as described. The EDA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES OF TAX INCREMENT FUNDS TOTAL Land/Building Acquisition $1,000,000 Site Improvements/Preparation $2,000,000 Utilities $500,000 Other Qualifying Improvements $1,904,624 Administrative Costs (up to 10%)$982,537 PROJECT COST TOTAL $6,387,161 Interest $4,420,741 PROJECT AND INTEREST COSTS TOTAL $10,807,902 The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in Subsection 2-9. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to M.S., Section 469.1763, Subd. 2, no more than 25 percent of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of Redevelopment Project No. 1, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this TIF Plan. Subsection 2-11. Fiscal Disparities Election Pursuant to M.S., Section 469.177, Subd. 3, the EDA or City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause b, (within the District) are followed, the following method of computation shall apply: (1) The original net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. The current net tax capacity shall exclude any fiscal disparity commercial-industrial net tax capacity increase between the original year and the current year multiplied by the fiscal disparity ratio determined pursuant to M.S., Section 276A.06, subdivision 7 or M.S., Section 473F.08, subdivision 6. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured tax capacity Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 22 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-7 and no tax increment determination. Where the original tax capacity is less than the current tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the less of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The EDA or City shall submit to the County Auditor at the time of the request for certification which method of computation of fiscal disparities the EDA or City elected. The EDA will choose to calculate fiscal disparities by clause b. According to M.S., Section 469.177, Subd. 3: (c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in paragraph (b). Subsection 2-12. Business Subsidies Pursuant to M.S., Section 116J.993, Subd. 3, the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy of less than $150,000; (2) Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3) Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined in M.S., Section 116J.552, Subd. 3; (5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; (6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7) Assistance for housing; (8) Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23; (9) Assistance for energy conservation; (10) Tax reductions resulting from conformity with federal tax law; (11) Workers' compensation and unemployment compensation; (12) Benefits derived from regulation; (13) Indirect benefits derived from assistance to educational institutions; Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 23 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-8 (14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; (15) Assistance for a collaboration between a Minnesota higher education institution and a business; (16) Assistance for a tax increment financing soils condition district as defined under M.S., Section 469.174, Subd. 19; (17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) General changes in tax increment financing law and other general tax law changes of a principally technical nature; (19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) Funds from dock and wharf bonds issued by a seaway port authority; (21) Business loans and loan guarantees of $150,000 or less; (22) Federal loan funds provided through the United States Department of Commerce, Economic Development Administration; and (23) Property tax abatements granted under M.S., Section 469.1813 to property that is subject to valuation under Minnesota Rules, chapter 8100. The EDA will comply with M.S., Sections 116J.993 to 116J.995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Subsection 2-13. County Road Costs Pursuant to M.S., Section 469.175, Subd. 1a, the county board may require the EDA or City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgment of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the EDA or City within forty- five days of receipt of this TIF Plan. In the opinion of the EDA and City and consultants, the proposed development outlined in this TIF Plan will have little or no impact upon county roads, therefore the TIF Plan was not forwarded to the county 45 days prior to the public hearing. The EDA and City are aware that the county could claim that tax increment should be used for county roads, even after the public hearing. Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the EDA or City has determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 24 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-9 IMPACT ON TAX BASE 2012/Pay 2013 Total Net Tax Capacity Estimated Captured Tax Capacity (CTC) Upon Completion Percent of CTC to Entity Total Hennepin County 1,230,976,652 421,731 0.0343% City of St. Louis Park 48,328,153 421,731 0.8726% St. Louis Park ISD No. 283 45,677,332 421,731 0.9233% IMPACT ON TAX RATES Pay 2013 Extension Rates Percent of Total CTC Potential Taxes Hennepin County 0.494610 37.41% 421,731 208,592 City of St. Louis Park 0.482280 36.48% 421,731 203,392 St. Louis Park ISD No. 283 0.235870 17.84% 421,731 99,474 Other 0.109330 8.27%421,731 46,108 Total 1.322090 100.00%557,566 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the Pay 2013 rate. The total net capacity for the entities listed above are based on Pay 2013 figures. The District will be certified under the actual Pay 2013 rates. Pursuant to M.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $9,825,365; (2) Probable impact of the District on city provided services and ability to issue debt. An impact of the District on police protection is expected. With any addition of new residents, police calls for service will be increased. New developments add an increase in traffic, and additional overall demands to the call load. The City does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or require that the City expand its staff. The probable impact of the District on fire protection is not expected to be significant. Typically new buildings generate few calls, if any, and are of superior construction and are sprinklered. The impact of the District on public infrastructure is expected to be minimal. There is no probable impact of borrowing costs since no general obligation debt will be issued in relation to this project. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 25 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-10 remained the same, is $1,752,845; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $3,675,559; (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. Subsection 2-15. Supporting Documentation Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the District. Following is a list of reports and studies on file at the City that support the EDA and City's findings: • Report of Inspection Procedures and Results for Determing Qualifications of a Tax Increment Financing District As a Redevelopment District, LHB, Inc., October 29, 2012. • Application for Tax Increment Financing Assistance, Eliot Park Apartments, LLC, January 2, 2013. Subsection 2-16. Definition of Tax Increment Revenues Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: 1. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M.S., Section 469.177; 2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was purchased by the Authority with tax increments; 3. Principal and interest received on loans or other advances made by the Authority with tax increments; 4. Interest or other investment earnings on or from tax increments; 5. Repayments or return of tax increments made to the Authority under agreements for districts for which the request for certification was made after August 1, 1993; and 6. The market value homestead credit paid to the Authority under M.S., Section 273.1384. Subsection 2-17. Modifications to the District In accordance with M.S., Section 469.175, Subd. 4, any: 1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the requirements of M.S., Section 469.175, Subd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan; Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 26 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-11 4. Increase in the portion of the captured net tax capacity to be retained by the EDA or City; 5. Increase in the estimate of the cost of the District, including administrative expenses, that will be paid or financed with tax increment from the District; or 6. Designation of additional property to be acquired by the EDA or City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIF Plan. Pursuant to M.S. Section 469.175 Subd. 4(f), the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of M.S., Section 469.174, Subd. 10, must be documented in writing and retained. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcel(s) from the District and (2)(A) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the EDA agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The EDA or City must notify the County Auditor of any modification to the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan. Subsection 2-18. Administrative Expenses In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the EDA or City, other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the District; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the District; or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1) to (3). For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982, and before August 1, 2001, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. For districts for which certification was requested after July 31, 2001, no tax increment may be used to pay any administrative expenses for District costs which exceed ten percent of total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined in M.S., Section 469.174, Subd. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 27 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-12 25, clause (1), from the District, whichever is less. Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District and are not subject to the percentage limits of M.S., Section 469.176, Subd. 3. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount deducted to the State Commissioner of Management and Budget for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Subsection 2-19. Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to M.S., Section 469.176, Subd. 6: if, after four years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to M.S., Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which the parcel was certified as included in the district. For purposes of this subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street. The EDA or City or a property owner must improve parcels within the District by approximately May 2016 and report such actions to the County Auditor. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 28 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-13 Subsection 2-20. Use of Tax Increment The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. To finance, or otherwise pay the cost of redevelopment of the Redevelopment Project No. 1 pursuant to M.S., Sections 469.090 to 469.1082; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4; 5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the EDA or City or for the benefit of Redevelopment Project No. 1 by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S., Section 469.176, Subd. 4. Tax increments generated in the District will be paid by Hennepin County to the EDA for the Tax Increment Fund of said District. The EDA or City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used for EDA or City administration (up to 10 percent) and for the costs of public improvement activities outside the District. Subsection 2-21. Excess Increments Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The EDA or City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the EDA or City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in Redevelopment Project No. 1 or the District. Subsection 2-22. Requirements for Agreements with the Developer The EDA or City will review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 29 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-14 electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the EDA or City to demonstrate the conformance of the development with City plans and ordinances. The EDA or City may also use the Agreements to address other issues related to the development. Pursuant to M.S., Section 469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the TIF Plan shall at any time be owned by the EDA or City as a result of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 25 percent of the acreage, the EDA or City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the EDA or City should the development or redevelopment not be completed. Subsection 2-23. Assessment Agreements As authorized under M.S., Section 469.177, Subd. 8, the EDA intends to enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the City Assessor shall also certify the minimum market value agreement. Subsection 2-24. Administration of the District Administration of the District will be handled by the City Clerk. Subsection 2-25. Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subds. 5, 6, and 6b the EDA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board and County Auditor on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by M.S., Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2-26. Reasonable Expectations As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon EDA and City staff awareness of the feasibility of developing the project site(s) within the District. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 30 St. Louis Park Economic Development Authority Tax Increment Financing Plan for the Eliot Park Tax Increment Financing District 2-15 D, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 2-27. Other Limitations on the Use of Tax Increment 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the Redevelopment Project No. 1 pursuant to M.S., Sections 469.090 to 469.1082. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended, through a development fund or otherwise, on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they were solely for activities outside of the District. 3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule set forth in M.S., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. 5. 4. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment and renewal and renovation districts under M.S., Section 469.176 Subd. 4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the EDA or City, including the cost of preparation of the development action response plan, may be included in the qualifying costs. Subsection 2-28. Summary The St. Louis Park Economic Development Authority is establishing the District to preserve and enhance the tax base, redevelop substandard areas, and provide diverse housing options in the City. The TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 31 Appendix A-1 Appendix A Project Description The District is being created to facilitate the redevelopment of the former site of Eliot School by Hunt Associates into a residential development consisting of 138 market rate apartment units and 2 single family homes. Construction is expected to commence in 2013, with the apartments being completed in 2014. Construction of the single-family homes will likely occur after construction of the apartments is completed in 2014. The City’s Economic Development Authority (EDA) will be entering into a development agreement with the developer and will be providing TIF on a pay-as-you-go basis, for a six and a half year term. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 32 Appendix B-1 Appendix B Maps of Redevelopment Project No. 1 and the District Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 33 Appendix C-1 Appendix C Description of Property to be Included in the District The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. Parcel Numbers Address Owner 0811721110079 6720 Cedar Lk Rd St. Louis Park ISD 283 0811721120028 6800 Cedar Lk Rd St. Louis Park ISD 283 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 34 Appendix D-1 Appendix D Estimated Cash Flow for the District Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 35 Appendix E-1 Appendix E Minnesota Business Assistance Form (Minnesota Department of Employment and Economic Development) A Minnesota Business Assistance Form (MBAF) should be used to report and/or update each calendar year's activity by April 1 of the following year. Please see the Minnesota Department of Employment and Economic Development (DEED) website at http://www.deed.state.mn.us/Community/subsidies/MBAFForm.htm for information and forms. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 36 Appendix F-1 Appendix F Redevelopment Qualifications for the District Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 37 REPORT OF INSPECTION PROCEDURES AND RESULTS FOR DETERMINING QUALIFICATIONS OF A TAX INCREMENT FINANCING DISTRICT AS A REDEVELOPMENT DISTRICT Eliot Park TIF District St. Louis Park, Minnesota LHB Project No. 120453 October 29, 2012 Prepared For The City of St. Louis Park Prepared by LHB, Inc. 250 Third Avenue North, Suite 450 Minneapolis, Minnesota 55401 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 38 Page 2 TABLE OF CONTENTS Page PART 1 Executive Summary ...............................................................................3 Purpose of Evaluation ................................................................3 Scope of Work ...........................................................................4 Conclusion .................................................................................4 PART 2 Minnesota Statute 469.174, Subdivision 10 Requirements ...................4 PART 3 Procedures Followed ..............................................................................6 PART 4 Findings..................................................................................................6 A. Coverage Test ............................................................................6 B. Condition of Building Test ........................................................8 1. Building Inspection ..............................................................8 2. Replacement Cost ................................................................8 3. Code Deficiencies ................................................................8 4. System Condition Deficiencies ............................................9 C. Distribution of Substandard Structures ....................................10 PART 5 Team Credentials .................................................................................11 APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code and Condition Deficiencies Reports APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 39 Page 3 PART 1 – EXECUTIVE SUMMARY PURPOSE OF EVALUATION LHB was hired by the City of St. Louis Park to inspect and evaluate the properties within a Tax Increment Financing Redevelopment District (“TIF District”) proposed to be established by the City. The proposed TIF District is bordered on the West by Idaho Avenue and on the South by Cedar Lake Road. The two parcels in the District are bisected by Hampshire Avenue (Diagram 1). The purpose of LHB’s work is to determine whether the proposed TIF District meets the statutory requirements for coverage, and whether one building on two parcels, located within the proposed TIF District, meets the qualifications required for a Redevelopment District. Diagram 1 – Proposed TIF District Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 40 Page 4 SCOPE OF WORK The proposed TIF District consists of two (2) parcels with one (1) structure. In addition, portions of three adjoining streets are located in the proposed District. One building received an on-site interior and exterior inspection on August 30, 2012. Building code and Condition Deficiency reports are located in Appendix B. CONCLUSION After inspecting and evaluating the properties within the proposed TIF District and applying current statutory criteria for a Redevelopment District under Minnesota Statutes, Section 469.174, Subdivision 10, it is our professional opinion that the proposed TIF District qualifies as a Redevelopment District because: • The proposed TIF District has a coverage calculation of 100 percent which is above the 70 percent requirement. • 100 percent of the buildings are structurally substandard which is above the 50 percent requirement. • The substandard buildings are reasonably distributed throughout the geographic area of the proposed TIF District. The remainder of this report describes our process and findings in detail. PART 2 – MINNESOTA STATUTE 469.174, SUBDIVISION 10 REQUIREMENTS The properties were inspected in accordance with the following requirements under Minnesota Statutes, Section 469.174, Subdivision 10(c), which states: Interior Inspection “The municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property...” Exterior Inspection and Other Means “An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard.” Documentation “Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3(1).” Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 41 Page 5 Qualification Requirements Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied parcels: A. Coverage Test …“parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, or paved or gravel parking lots” The coverage required by the parcel to be considered occupied is defined under Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: “For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel parking lots unless 15 percent of the area of the parcel contains building, streets, utilities, or paved or gravel parking lots.” B. Condition of Buildings Test …“and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;” 1. Structurally substandard is defined under Minnesota Statutes, Section 469.174, Subdivision 10(b), which states: “For purposes of this subdivision, ‘structurally substandard’ shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance.” a. We do not count energy code deficiencies toward the thresholds required by Minnesota Statutes, Section 469.174, Subdivision 10(b)) defined as “structurally substandard”, due to concerns expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc. vs. City of Richfield case filed November 13, 2001. 2. Buildings are not eligible to be considered structurally substandard unless they meet certain additional criteria, as set forth in Subdivision 10(c) which states: “A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence.” Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 42 Page 6 “Items of evidence that support such a conclusion [that the building is not disqualified] include recent fire or police inspections, on-site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence.” LHB counts energy code deficiencies toward the 15 percent code threshold required by Minnesota Statutes, Section 469.174, Subdivision 10(c)) for the following reasons: • The Minnesota energy code is one of ten building code areas highlighted by the Minnesota Department of Labor and Industry website where minimum construction standards are required by law. • The index page of the 2007 Minnesota Building Code lists the Minnesota Energy Code as a “Required Enforcement” area compared to an additional list of “Optional Enforcement” chapters. • The Senior Building Code Representative for the Construction Codes and Licensing Division of the Minnesota Department of Labor and Industry confirmed that the Minnesota Energy Code is being enforced throughout the State of Minnesota. • In a January 2002 report to the Minnesota Legislature, the Management Analysis Division of the Minnesota Department of Administration confirmed that the construction cost of new buildings complying with the Minnesota Energy Code is higher than buildings built prior to the enactment of the code. • Proper TIF analysis requires a comparison between the replacement value of a new building built under current code standards with the repairs that would be necessary to bring the existing building up to current code standards. In order for an equal comparison to be made, all applicable code chapters should be applied to both scenarios. Since current construction estimating software automatically applies the construction cost of complying with the Minnesota Energy Code, energy code deficiencies should also be identified in the existing structures. PART 3 – PROCEDURES FOLLOWED LHB inspected the building on August 30, 2012 and reviewed GIS documents and aerial photos to determine the amount of coverage on each parcel. PART 4 – FINDINGS A. Coverage Test 1. The total square foot area of each parcel in the proposed TIF District was obtained from City records, GIS mapping and site verification. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 43 Page 7 2. The total square foot area of buildings and site improvements on the parcels in the proposed TIF District was obtained from City records, GIS mapping and site verification. 3. The percentage of coverage for each parcel in the proposed TIF District was computed to determine if the 15 percent minimum requirement was met. The total square footage of parcels meeting the 15 percent requirement was divided into the total square footage of the entire district to determine if the 70 percent requirement was met. Finding: The proposed TIF District met the coverage test under Minnesota Statutes, Section 469.174, Subdivision 10(e), which resulted in parcels consisting of 100 percent of the area of the proposed TIF District being occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures (Diagram 2). This exceeds the 70 percent area coverage requirement for the proposed TIF District under Minnesota Statutes, Section 469.174, Subdivision (a) (1). Diagram 2 – Coverage Diagram Shaded area depicts a parcel more than 15 percent occupied by buildings, streets, utilities, Paved or gravel parking lots or other similar structures Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 44 Page 8 B. Condition of Building Test 1. Building Inspection The first step in the evaluation process is the building inspection. After an initial walk-thru, the inspector makes a judgment whether or not a building “appears” to have enough defects or deficiencies of sufficient total significance to justify substantial renovation or clearance. If it does, the inspector documents with notes and photographs code and non-code deficiencies in the building. 2. Replacement Cost The second step in evaluating a building to determine if it is substandard to a degree requiring substantial renovation or clearance is to determine its replacement cost. This is the cost of constructing a new structure of the same square footage and type on site. Replacement costs were researched using R.S. Means Cost Works square foot models for 2012. A replacement cost was calculated by first establishing building use (office, retail, residential, etc.), building construction type (wood, concrete, masonry, etc.), and building size to obtain the appropriate median replacement cost, which factors in the costs of construction in St. Louis Park, Minnesota. Replacement cost includes labor, materials, and the contractor’s overhead and profit. Replacement costs do not include architectural fees, legal fees or other “soft” costs not directly related to construction activities. Replacement cost for each building is tabulated in Appendix A. 3. Code Deficiencies The next step in evaluating a building is to determine what code deficiencies exist with respect to such building. Code deficiencies are those conditions for a building which are not in compliance with current building codes applicable to new buildings in the State of Minnesota. Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a building cannot be considered structurally substandard if its code deficiencies are not at least 15 percent of the replacement cost of the building. As a result, it was necessary to determine the extent of code deficiencies for each building in the proposed TIF District. The evaluation was made by reviewing all available information with respect to such buildings contained in City Building Inspection records and making interior and exterior inspections of the buildings. LHB utilizes the current Minnesota State Building Code as the official code for our evaluations. The Minnesota State Building Code is actually a series of provisional codes written specifically for Minnesota only Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 45 Page 9 requirements, adoption of several international codes, and amendments to the adopted international codes. After identifying the code deficiencies in each building, we used R.S. Means Cost Works 2012; Unit and Assembly Costs to determine the cost of correcting the identified deficiencies. We were than able to compare the correction costs with the replacement cost of each building to determine if the costs for correcting code deficiencies meet the required 15 percent threshold. Finding: One (1) out of one (1) buildings (100 percent) in the proposed TIF District contained code deficiencies exceeding the 15 percent threshold required by Minnesota Statutes, Section 469.174, Subdivision 10(c). A complete Building Code and Condition Deficiency report for each building in the proposed TIF District can be found in Appendix B of this report. 4. System Condition Deficiencies If a building meets the minimum code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), then in order for such building to be “structurally substandard” under Minnesota Statutes, Section 469.174, Subdivision 10(b), the building’s defects or deficiencies should be of sufficient total significance to justify “substantial renovation or clearance.” Based on this definition, LHB re-evaluated each of the buildings that met the code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted “substantial renovation or clearance” based on the criteria we outlined above. System condition deficiencies are a measurement of defects or substantial deterioration in site elements, structure, exterior envelope, mechanical and electrical components, fire protection and emergency systems, interior partitions, ceilings, floors and doors. The evaluation of system condition deficiencies was made by reviewing all available information contained in City records, and making interior and exterior inspections of the buildings. LHB only identified system condition deficiencies that were visible upon our inspection of the building or contained in City records. We did not consider the amount of “service life” used up for a particular component unless it was an obvious part of that component’s deficiencies. After identifying the system condition deficiencies in each building, we used our professional judgment to determine if the list of defects or deficiencies are of sufficient total significance to justify “substantial renovation or clearance.” Finding: In our professional opinion, one (1) out of one (1) buildings (100 percent) in the proposed TIF District are structurally substandard to a degree requiring substantial Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 46 Page 10 renovation or clearance, because of defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. This exceeds the 50 percent requirement of Subdivision 10a(1). C. Distribution of substandard structures Much of this report has focused on the condition of individual buildings as they relate to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10. It is also important to look at the distribution of substandard buildings throughout the geographic area of the proposed TIF District (Diagram 3). Finding: The substandard buildings are reasonably distributed throughout the geographic area of the proposed TIF District. Diagram 3 – Substandard Buildings Shaded area depicts parcels with substandard buildings Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 47 Page 11 PART 5 - TEAM CREDENTIALS Michael A. Fischer, AIA LEED AP - Project Principal/TIF Analyst Michael has twenty-four years of architectural experience as project principal, project manager, project designer and project architect on municipal planning, educational, commercial and governmental projects. He is a Senior Vice President at LHB and currently leads the Minneapolis office. Michael completed a two-year Bush Fellowship at the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning and Real Estate Development. Michael has served on over 35 committees, boards and community task forces, including a term as City Council President and Chair of the Duluth/Superior Metropolitan Planning organization. He is currently a member of the Planning Commission in Edina, Minnesota. He was one of four architects in the country to receive the National "Young Architects Citation" from the American Institute of Architects in 1997. Ben Trousdale, AIA - Project Manager/Inspector Ben is a project architect in LHB’s Minneapolis office with 20 years of experience working on a variety of multi-family housing and commercial projects. He has extensive skills in creating quality construction documents that convey a building’s fundamentals and unique design details. His responsibilities include project management, code analysis, and overseeing document production. Ben is a licensed architect in Minnesota and is involved with AIA activities including Search for Shelter charrettes. Lydia Major, MLA, ASLA – GIS/Mapping Lydia brings a passion for design that benefits the client, the community, and the environment. Her experience includes designing and drafting commercial and residential properties at a variety of scales. Lydia integrates her skills with AutoCAD, ArcGIS, and the Adobe Creative Suite to produce plans, color renderings, booklets, and other presentation materials. Communication is a critical component in all projects, and Lydia’s uses her education as a writer to create compelling project documents, including proposals, requests for variance, and other public-relations materials. M:\12Proj\120453\400 Design\406 Reports\TIF\Final Report\Eliot Park TIF Final Report 10-29-12.doc APPENDICES APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code and Condition Deficiencies Reports APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 48 APPENDIX A Property Condition Assessment Summary Sheet Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 49 10/29/12 Eliot Park Redevelopment TIF Analysis SUMMARY SPREADSHEET Page 1 of 1 TIF Map No.Property Address and Name Improved or Vacant Survey Method Used Site Area (S.F.) Coverage Area of Improvements (S.F.) Coverage Percent of Improvements Coverage Quantity (S.F.) No. of Buildings Building Replacement Cost 15% of Replacement Cost Building Code Deficiencies No. of Buildings Exceeding 15% Criteria No. of buildings determined substandard 1 6800 Cedar Lake Road Improved Interior/Exterior 186,122 89,145 47.9%186,122 1 $14,016,401 $2,102,460 $3,962,716 1 1 2 6720 Cedar Lake Road Vacant N/A 5,278 2,760 52.3%5,278 0 3 Idaho, Hampshire and Cedar Lake Road ROW Vacant N/A 110,875 110,875 100.0%110,875 0 TOTALS 302,275 302,275 1 1 1 100.0% 100.0% M:\12Proj\120453\400 Design\406 Reports\TIF\Final Report\[Eliot Park TIF Summary Spreadsheet 10-29-12.xls]Property Info 100.0% Total Coverage Percent: Percent of buildings exceeding 15 percent code deficiency threshold: Percent of buildings determined substandard: Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 50 APPENDIX B Building Code and Condition Deficiencies Reports Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 51 ELIOT PARK TIF DISTRICT CODE/CONDITION DEFICIENCY REPORT October 29, 2012 Map No. & Building Name: Map No. 1 - 6800 Cedar Lake Road, St. Louis Park Inspection Date(s) & Time(s): August 30, 2012 Inspection Type: Interior/Exterior Summary of Deficiencies: It is our professional opinion that this building is Substandard because: - Building Code deficiencies total more than 15% of replacement cost. - Substantial renovation is required to correct Conditions found. Estimated Replacement Cost: $ 14,016,401 Estimated Cost to Correct Building Code Deficiencies: $ 3,962,716 Percentage of Replacement Cost: 28% Description of Condition Deficiencies Minnesota Statutes, Section 469.174, Subdivision 10, states that a building is Structurally Substandard if it contains “defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance.” A. Defects in Structural Elements 1. Exterior walls and winodows are unchanged from original 1951 construction. Windows are drafty, leaky and have no insulation in their steel frames and single pane glazing. Wall insulation could not be determined. B. Combination of Deficiencies 1. Essential Utilities and Facilities a. The building has been mothballed resulting in the decommissioning and disconnection of several building services and systems. b. The heating plant and plumbing system has been partially dismantled in order to winterize for unheated conditions. c. Classroom window AC and through-wall ventilators have been removed from windows and placed on the floor and dismantled respectively. d. The electrical system is outdated; there are still operational circuit fuse boxes with screw-in fuses. e. Plumbing fixtures such as urinals, toilets and sinks have been vandalized in some bathrooms. f. WCs in classroom offices are child or toddler sized. g. Water-stained acoustic ceiling tiles in some classrooms. h. Holes punched in some plaster walls. 2. Light and Ventilation a. Most light fixtures are from the original 1951 construction. They do not meet current efficiency standards. b. Classroom window AC and through-wall ventilators have been removed and dismantled respectively. c. Except for some post-occupancy HVAC at top floor classrooms, the building ventilation is unchanged from original construction. d. Vandalized light fixtures in some rooms. 3. Fire Protection/Adequate Egress a. All exterior doors except one have been boarded up. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 52 b. All egress stairs do not meet code. Stair rise/run do not meet current code requirements. Handrails and guards are too low. c. The fire sprinkler system is not operational. 4. Layout and Condition of Interior Partitions/Materials a. Door knobs have been removed from classroom doors. b. Classroom door vision panels have been broken in many locations. c. Drinking fountains have been removed. d. Some defacement of interior finishes including walls, windows and vision panels. e. Cracks in plaster at exterior walls. f. Worn, faded and dated finishes and built-ins throughout. g. Damaged gypsum board walls in an office area. h. Hardware has been removed from classroom cabinets. i. Mold on walls in a lower level room. j. Gym floor has been partially burned and there is ash and smoke stain throughout the gym and stage. 5. Exterior Construction a. Crumbling concrete at southeast corner. b. Rusting window frames and sashes. c. Failing putty at glass and sashes. d. Peeling paint at steel window lintels. Lintels are rusted. e. Peeling paint at seeel window sills. Sills are rusted. f. Unpainted and rusted steel channels projecting from cross member separating windows from glass block above. It appears some sort of architectural feature was removed. g. Rusting security grates at southeast corner. h. Peeling paint at wood window casings, frames and sashes. i. Peeling paint and weathered wood panels above top floor windows. j. A significant percentage of windows have broken glass. k. Failing sealant around ventilator grills. l. Isolated broken glass block above the windows. m. Unpainted and rotting plywood filler panels at mechanical goose necks. n. Minor graffiti. o. Hairline cracks in stone sills at lower level windows in courtyard. p. Sand-filled area well with stair to lower level. There is no information on how building was prepared to be covered with and buried in sand. q. Crumbling concrete steps at the southeast entrance. r. Peeling paint at southeast entrance canopy. Overview of Condition Deficiencies The Eliot School was built in 1951 and has been little altered since then. The windows, doors, flooring, ceiling, plaster finishes, heating plant, plumbing fixtures and lighting mostly date from initial construction. The windows are original steel frame with single pane lights with no insulation value. Much of the flooring is original vinyl tile that may contain asbestos. Most of the light fixtures are fluorescent and original vintage and there are electrical panel boards that are of the screw-in fuse type. The building’s heating and plumbing components have been moth-balled and winterized. Water service is disconnected, the sprinkler system is disconnected, plumbing fixtures have been disconnected from supply and drainage pipes and radiators have been disconnected from the hotwater heating system. Door hardware has been removed in order to prevent accidental ‘locking-in’ by intruders and windows have been boarded. In addition the building has has been vandalized. Plumbing fixtures have been smashed and most classroom door vision panels have been shattered. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 53 Description of Code Deficiencies 1. Drinking fountains have been removed. 2. Some exit signs have been destroyed. 3. Exterior exit doors have all been boarded except one. 4. Three floors are open to each other when only two floors may be open to each other. 5. There is no accessible route from the outside to any floors of the building. An elevator is required. 6. Ramp at third floor does not have handrails. 7. Sanitary piping is located above electrical service entrance switch gear. 8. Theater room is not accessible. 9. Kitchen does not have NSF approved counters and storage. 10. Gym stage is not on an accessible route. 11. Exterior door on the west side without a stoop. 12. The automatic sprinkler system is not operational. 13. Building heating plant is not operational. 14. Building ventilation systems are not operational and likely inadequate if they were. 15. All bathrooms are non-functional. 16. No accessible features in any bathrooms even if they were functional. Energy Code In addition to the building code deficiencies listed above, the existing building does not comply with the current energy code. These deficiencies are not included in the estimated costs to correct code deficiencies and are not considered in determining whether or not the building is substandard: - Building’s light fixtures are not energy efficient per code – T-12 fixtures. - Building’s heating and cooling is not as efficient as current energy code would require. M:\12Proj\120453\400 Design\406 Reports\TIF\Eliot School Redevelopment District Substandard Building Report.doc Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 54 APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 55 Square Foot Cost Estimate Report Eliot School City of St Louis Park 6800 Cedar Lake Road , St Louis Park , MN Building Type: School, Jr High, 2‐3 Story with Face Brick with  Concrete Block Back‐up / Steel Frame Location:MINNEAPOLIS, MN Story Count:3 Story Height (L.F.):14 Floor Area (S.F.):66,856 Labor Type:Union Basement Included:No  Data Release:Year 2012 Quarter 3 Cost Per Square Foot:$209.65  Building Cost:$14,016,401  % of Total Cost Per S.F. Cost 3.60%$6.30 $421,193  A1010 Standard Foundations $1.88 $125,689  A1030 Slab on Grade $1.97 $131,706  A2010 Basement Excavation $0.07 $4,680  A2020 Basement Walls $2.38 $159,117  43.70% $77.70 $5,194,711  B1010 Floor Construction $20.84 $1,393,279  B1020 Roof Construction $4.26 $284,807  B2010 Exterior Walls $30.84 $2,061,839  B2020 Exterior Windows $16.19 $1,082,399  B2030 Exterior Doors $0.69 $46,131  B3010 Roof Coverings $4.85 $324,252  KSF, 5' ‐ 6" square x 18" deep Estimate Name: Costs are derived from a building model with basic components. Scope differences and market conditions can cause costs to vary significantly. A Substructure KSF, 12" deep x 24" wide opening, no intermediate horizontals KSF, 7' ‐ 6" square x 25" deep Slab on grade, 4" thick, non industrial, reinforced site storage thick B Shell column, 35'x35' bay, 38" deep, 100 PSF superimposed load, 148 PSF total  column, 35'x35' bay, 38" deep, 100 PSF superimposed load, 148 PSF total  3 hour rating, 17 PLF 28" deep, 40 PSF superimposed load, 62 PSF total load 28" deep, 40 PSF superimposed load, 62 PSF total load, add for column thick, perlite core fill Glazing panel, insulating, 1/2" thick, 2 lites 1/8" float glass, tinted hardware, 6'‐0" x 7'‐0" opening 0" opening opening Roofing, single ply membrane, EPDM, 60 mils, fully adhered The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 56 B3020 Roof Openings $0.03 $2,006  21.70% $38.47 $2,571,950  C1010 Partitions $6.72 $449,272  C1020 Interior Doors $1.74 $116,329  C1030 Fittings $1.41 $94,267  C2010 Stair Construction $0.81 $54,153  C3010 Wall Finishes $7.91 $528,831  C3020 Floor Finishes $11.55 $772,187  C3030 Ceiling Finishes $8.33 $556,910  29.10% $51.75 $3,459,798  D1010 Elevators and Lifts $0.83 $55,490  D2010 Plumbing Fixtures $6.00 $401,136  D2020 Domestic Water Distribution $1.07 $71,536  steel, 165 lbs thick, 0.87 PSF Insulation, rigid, roof deck, polyisocyanurate, 2#/CF, 2" thick Insulation, rigid, roof deck, polyisocyanurate, tapered for drainage reglet, .032" counter flashing Roof edges, aluminum, duranodic, .050" thick, 6" face Flashing, aluminum, no backing sides, .019" Ceramic tile, thin set, 4‐1/4" x 4‐1/4" operator C Interiors Concrete block (CMU) partition, light weight, hollow, 6" thick, no finish 3'‐0" x 7'‐0" x 1‐3/8" Toilet partitions, cubicles, ceiling hung, stainless steel Chalkboards, liquid chalk type, aluminum frame & chalktrough Stairs, steel, cement filled metal pan & picket rail, 16 risers, with landing 2 coats paint on masonry with block filler Painting, masonry or concrete, latex, brushwork, primer & 2 coats Painting, masonry or concrete, latex, brushwork, addition for block filler Wall coatings, acrylic glazed coatings, maximum Lab sink w/trim, polyethylene, single bowl, flanged, 23‐1/2" x 20‐1/2" OD Carpet, tufted, nylon, roll goods, 12' wide, 36 oz Carpet, padding, add to above, minimum Terrazzo, maximum Vinyl, composition tile, maximum channel grid, suspended support D Services Hydraulic passenger elevator, 2500 lb., 2 floor, 125 FPM Water closet, vitreous china, bowl only with flush valve, floor mount Urinal, vitreous china, wall hung Lavatory w/trim, wall hung, PE on CI, 20" x 18" Kitchen sink w/trim, countertop, stainless steel, 44" x 22" triple bowl Service sink w/trim, PE on CI, corner floor, 28" x 28", w/rim guard Service sink w/trim, PE on CI,wall hung w/rim guard, 24" x 20" Group wash fountain, stainless steel, circular, 54" diam Shower, stall, baked enamel, terrazzo receptor, 36" square Water cooler, electric, wall hung, wheelchair type, 7.5 GPH Gas fired water heater, commercial, 100< F rise, 300 MBH input, 278 GPH Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 57 D2040 Rain Water Drainage $1.23 $82,233  D3050 Terminal & Package Units $21.88 $1,462,809  D4010 Sprinklers $3.04 $203,242  D4020 Standpipes $0.41 $27,411  D5010 Electrical Service/Distribution $1.46 $97,610  D5020 Lighting and Branch Wiring $10.79 $721,376  D5030 Communications and Security $4.60 $307,538  D5090 Other Electrical Systems $0.44 $29,417  1.90% $3.45 $230,653  E1020 Institutional Equipment $2.27 $151,763  E1090 Other Equipment $1.18 $78,890  0.00% $0.00 $0  0.00% $0.00 $0  100% $177.67 $11,878,306  Wet standpipe risers, class III, steel, black, sch 40, 6" diam pipe, 1 floor Roof drain, CI, soil,single hub, 5" diam, 10' high Roof drain, CI, soil,single hub, 5" diam, for each additional foot add 95.83 ton Wet pipe sprinkler systems, steel, light hazard, 1 floor, 50,000 SF 50,000 SF wire, sound systems, 100 outlets additional floors phase, 4 wire, 120/208 V, 1600 A Feeder installation 600 V, including RGS conduit and XHHW wire, 1600 A Switchgear installation, incl switchboard, panels & circuit breaker, 1600 A transformer Wall switches, 2.0 per 1000 SF Miscellaneous power, 1.2 watts Central air conditioning power, 4 watts Motor installation, three phase, 460 V, 15 HP motor size 460 V 15 HP, 575 V 20 HP fixtures @32watt per 1000 SF suspended type, electrically operated detectors, includes outlets, boxes, conduit and wire Fire alarm command center, addressable with voice, excl. wire & conduit wire, intercom systems, 100 stations wire, master clock systems, 30 rooms Internet wiring, 2 data/voice outlets per 1000 S.F. engine with fuel tank, 100 kW E Equipment & Furnishings economy steel Architectural equipment, laboratory equipment, cabinets, wall, open units manual operation, 15 tier, economy (per seat) economy side, economy F Special Construction G Building Sitework SubTotal Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 58 12.00% $21.32 $1,425,397  6.00% $10.66 $712,698  0.00% $0.00 $0  $209.65 $14,016,401  Contractor Fees (General Conditions,Overhead,Profit) Architectural Fees User Fees Total Building Cost Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 59 St. Louis Park, Minnesota Proposed Eliot Park TIF District Project No. 120453 Eliot School PID 0811721120028 - 6800 Cedar Lake Road Code Related Cost Items Unit Cost Units Unit Quantity Total Handicap Items Replace toilets to provide handicap access for each sex Build (2) new acccessible toilet rooms W/ compliant number of accessories and fixtures Remove exisitng toilet rooms 2,250.00$ Lump 2 4,500.00$ 7 water closets 2,500.00$ each 7 17,500.00$ 10 lavs 1,750.00$ each 10 17,500.00$ 4 Urinal 1,750.00$ each 4 7,000.00$ 2 sets of grab bars 400.00$ each 2 800.00$ 2 sets toilet room accessories 800.00$ each 2 1,600.00$ Interior room reconstruction (doors, partitions,finishes)60.00$ SF 625 37,500.00$ Reinstall toilet Room Ventilation System 500.00$ each 2 1,000.00$ Provide 1 handicapped parking space Add striping at main entry door and existing bituminous parking area 50.00$ lump 2.00 100.00$ Parking requires signage MN 1341.0428 150.00$ lump 2.00 300.00$ Interior configuration does not provide for accessible route. Interior handicap access route not provided through out building. MN 1341.0405, Item E Add Elevator Elevator Pit and footings 8,000.00$ Lump 1 8,000.00$ 12" CMU Elevator Shaft walls 13.00$ SF 2,608 33,904.00$ Elevator Equipment (4 stop)76,850.00$ Lump 1 76,850.00$ Elevator Equipment Room (Assume 64 SF)30.00$ SF 64 1,920.00$ Power 100 amp 3 phase Safety Switch 520.00$ Lump 1 520.00$ Circuit Breaker 795.00$ Lump 1 795.00$ Motor Starter 450.00$ Lump 1 450.00$ Wire and Conduit Feeder (150 feet assumed)31.00$ LF 150 4,650.00$ Fire Alarm Connections 1,000.00$ lump 1 1,000.00$ Emergency Phone Connection 12.00$ LF 150 1,800.00$ MN 1341.0458 Subpart 2 - Provide adequate access to shower unit at Mens and Womens locker rooms Install new shower enclosure in locker area Sawcut floor for new drain and waste.65.00$ HR 12.00 780.00$ Provide piping for hot and cold water 65.00$ HR 24.00 1,560.00$ Provide 8" CMU for wall enclosure at 2 sides of shower unit 12.00$ SF 96.00 1,152.00$ Furnish install new shower 36" x 36" enclosure with seat and bars 670.00$ Each 2.00 1,340.00$ Shower valve, head 350.00$ Each 2.00 700.00$ Grab Bars 205.00$ Each 2.00 410.00$ Patch flooring 7.00$ SF 12.00 84.00$ Fire Seperation Items IBC - 3 Floors open to each other through stairs. Only two floors can be open to each other Separate 2nd floor from 3rd floor with 1 hour rated walls and doors 3 Stairways, 3 pair of doors in 3 walls New gypsum board walls 4.85$ SF 300 1,455.00$ 3 pairs of doors 2,550.00$ EA 3 7,650.00$ 3 pairs of hold-opens 200.00$ EA 6.00 1,200.00$ Exiting Add panic exit devices at 5 door locations 500.00$ Each 12 6,000.00$ Non-compliant exit stairs at all locations Stair riser and/or run exceeds maximum allowed rise of 7and/or exceeds minimum allowed run of 11" in all locations. IBC 1009.3 Coon Rapids TIF LHB Project # 060283 Page 1 of 2 Parcel # Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 60 St. Louis Park, Minnesota Proposed Eliot Park TIF District Project No. 120453 Eliot School PID 0811721120028 - 6800 Cedar Lake Road Code Related Cost Items Unit Cost Units Unit Quantity Total 3 stairs connecting 3 stories & 1 stair connecting 2 stories Remove existing steel and concrete stairs. 7,500.00$ Each 3 22,500.00$ Remove existing steel and concrete stairs.5,000.00$ Each 1 5,000.00$ Provide new stairs at each location (assume 24 risers/stair/floor)350.00$ Riser 264 92,400.00$ Provide new railings at each location 50 feet per stair 50.00$ Foot 265 13,250.00$ Provide new stair tread coverings 56.00$ Riser 264 14,784.00$ Fire Protection IBC Chapter 9 - Provide Fire Alarm System New upgraded system to work with sprinkler system 0.75$ SF 66,856 50,142.00$ Provide upgraded sprinkler system throughout to comply with 903.2.2 Sprinkler piping and heads for building 2.25$ SF 66,856 150,426.00$ Provide 6" water line from public right of way, include cut and patch 250.00$ LF 40 10,000.00$ Mechanical- Electrical Heating system was moth-balled. System is completely drained and all radiant heat devices have been disconnected and detached from the heating circulation pipes. Disconnected radiators are original. Boilers are original with replacement gas-fired burners. Window airconditioners have been removed and placed on floor. Replace heating and AC units with new energy efficient HVAC New HVAC from replacement cost estimate (doesn't include demo to install new system) 16.19$ SF 66,856 1,082,398.64$ Existing windows are original steel frame with single pane glass. Windows and frames are non-insulated Install new windows to allow for properly sized HVAC system and to meet 21.88$ SF 66,856 1,462,809.28$ energy code for mechanical and building envelope. Window cost from replacement cost estimate (doesn't include demolition of existing Electrical system still has operational fuse boxes with screw-in fuses. System has not been substantially updated since construction New electrical service from replacement cost eistimate (doesn't include 1.46$ SF 66,856 97,609.76$ demo to install new system. Electrical light fixtures and branch circuits are from original construction - old T-12 flourescent fixtures wired to out-dated distribution system New lighting package from replacement cost eistimate (doesn't include 10.79$ SF 66,856 721,376.24$ demo to install new system. Total Code Improvements 3,962,715.92$ Coon Rapids TIF LHB Project # 060283 Page 2 of 2 Parcel # Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 61 120453 St Louis Park Eliot Center TIF Report - Photos 1 of 6 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 62 120453 St Louis Park Eliot Center TIF Report - Photos 2 of 6 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 63 120453 St Louis Park Eliot Center TIF Report - Photos 3 of 6 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 64 120453 St Louis Park Eliot Center TIF Report - Photos 4 of 6 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 65 120453 St Louis Park Eliot Center TIF Report - Photos 5 of 6 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 66 120453 St Louis Park Eliot Center TIF Report - Photos 6 of 6 Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 67 Appendix G-1 Appendix G Findings Including But/For Qualifications The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for the Eliot Park Tax Increment Financing District (District), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that the District is a redevelopment district as defined in M.S., Section 469.174, Subd. 10(a)(1). The District consists of 2 parcels, with plans to redevelop the area for residential purposes. At least 70 percent of the area of the parcels in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings in the District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. (See Appendix F of the TIF Plan.) 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: The site is occupied by a former school building. The proposed development, 138 units of apartments, will require demolition and clearance of the site, including costly hazardous waste abatement within the school building. Further, based on analysis of the developer's pro forma, the City has determined that a gap needs to be filled through tax increment in order to make the proposed development financially feasible. The City therefore does not believe the proposed housing facility is likely to occur without the assistance described in this TIF Plan. While the property could be sold to another developer for some other use, other development scenarios are not feasible in the market due to various constraints. First, adaptive reuse of the building would produce far less market value than the proposed 138-unit housing facility. Second, commercial development is not feasible due to inadequate market location and it is unlikely that spot zoning would be supported (changing the zoning to commercial for only one parcel) due to the surrounding land use, which is predominately residential and consists of single-family homes. The City has required the developer to abide by a "look back" provision, which measures the actual development costs versus the project revenues and costs. If the developer achieves a higher than market rate return, the amount of TIF assistance will be reduced. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan: This finding is justified on the grounds that the cost of site and public improvements add to the total redevelopment cost. It should be noted that any alternative redevelopment scenario faces the same high land cost, demolition/clearance costs and structured parking costs faced by the proposed developer, and in the City's experience, properties with challenges similar to those posed by this property have not been redeveloped in St. Louis Park without significant public assistance. The City reasonably determines that no other redevelopment of similar scope is anticipated Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 68 Appendix G-2 on this site without substantially similar assistance being provided to the development. Therefore, the City concludes as follows: a. The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment financing is $0. b. If the proposed development occurs, the total increase in market value will be $15,650,420 (see Appendix D and the table below) c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $4,931,183 (see Appendix D and the table below). d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $10,719,237 (the amount in clause b less the amount in clause c) without tax increment assistance. But-For Analysis Current Market Value 2,070,100 New Market Value - Estimate 17,720,520 Difference 15,650,420 Present Value of Tax Increment 4,931,183 Difference 10,719,237 Value Likely to Occur Without TIF is Less Than: 10,719,237 3. Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project No. 1 by private enterprise. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State and add a high quality development to the City. Through the implementation of the TIF Plan, the EDA or City will increase the availability of safe and decent life-cycle housing in the City. Economic Development Authority Meeting of May 6, 2013 (Item No. 7a) Title: Establishment of the Eliot Park Tax Increment Financing District Page 69 Meeting: Economic Development Authority Meeting Date: May 6, 2013 Action Agenda Item: 7b EXECUTIVE SUMMARY TITLE: Authorization to Submit Contamination Cleanup Grant Application Related to Eliot Park Project RECOMMENDED ACTION: Motion to Adopt EDA Resolution authorizing the Executive Director and President to submit a grant application to the Metropolitan Council Tax Base Revitalization Grant Program on behalf of Eliot Park Apartments, LLC. POLICY CONSIDERATIONS: Does the EDA approve the submittal of a contamination cleanup grant application to the Metropolitan Council Tax Base Revitalization Grant Program on behalf of Eliot Park Apartments, LLC? SUMMARY: Hunt Associates’ submitted an application for Tax Increment Financing (TIF) assistance in connection with the redevelopment of 6800 and 6720 Cedar Lake Road (former Eliot School property) that was reviewed at the February 25th Study Session where it received consensus support. Constructing the proposed Eliot Park project in conformance with the Eliot Design Guidelines is not economically feasible without some financial assistance. Hunt Associates is seeking financial assistance specifically to offset the extraordinary costs of redeveloping the former school property and meeting the Eliot Design Guidelines. The TBRA grant would be used to offset the asbestos and lead-based paint abatement as well as soil investigation. FINANCIAL OR BUDGET CONSIDERATION: The EDA is being requested to authorize the submission of a contamination cleanup grant application in the amount of approximately $325,000 to the Metropolitan Council Tax Base Revitalization Grant Program on behalf of Eliot Park Apartments, LLC. There is no local matching fund requirement for TBRA contamination cleanup grants. If such a grant were awarded the maximum principal amount of the Redeveloper’s TIF Note would be decreased by the amount of the grant. 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 Resolution Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Deno, EDA Deputy Executive Director/Deputy City Manager Economic Development Authority Meeting of May 6, 2013 (Item No. 7b) Page 2 Title: Authorization to Submit Contamination Cleanup Grant Application Related to Eliot Park Project DISCUSSION BACKGROUND: Hunt Associates has a purchase agreement with Independent School District 283 to acquire 6800 and 6720 Cedar Lake Road (the former Eliot School property). The firm proposes to raze the existing school building and construct a $25 million residential development ($17.7 estimated assessed value) on the site consisting of 138 market rate apartment units (distributed between two buildings) and two single family homes. Both apartment buildings would be staggered in height with two and three stories so as to blend into the surrounding single family neighborhood and would feature structured underground parking. The proposed site plan also includes a private road with parking spaces; a stormwater pond; landscaping; sidewalks; and toddler play area. Hunt Associates hopes to begin construction on Eliot Park this year and obtain a certificate of occupancy by December 2014. However, if the firm decides to pursue HUD financing it may be next summer before it is able to commence construction. Request for Financial Assistance In order to pursue the above project Hunt Associates applied for tax increment assistance from the EDA to offset a portion of the extraordinary costs associated with redeveloping the site. These include hazardous waste abatement within the former school building, demolition and constructing Eliot Park in conformance with the Eliot Community Center Site Reuse Study / Design Guidelines. The EDA/City Council reviewed Hunt Associates’ TIF application at the February 25th Study Session. Following discussion there was consensus support for favorably considering the provision of $1.1 million in PAYGO TIF assistance to the Redeveloper to make the Eliot Park project financially feasible. As a result, staff was directed to draft a formal Redevelopment Contract with Hunt Associates. Such a Contract is scheduled for consideration May 20th by both the EDA and City Council. Subsequent to the above Study Session, Staff determined that the estimated $325,000 cost of abating the asbestos and lead-based paint within the former school building may qualify for a Contamination Cleanup Grant through the Livable Communities Tax Base Revitalization Account (“TBRA”) Program administered by the Metropolitan Council. Submitting such an application would be of mutual benefit to both the Redeveloper and the EDA. If such a grant were awarded the Redeveloper could be reimbursed soon after incurring the expense thus saving both principal and interest on its construction financing. The benefit to the EDA is that the maximum principal amount of the TIF Note would be decreased by the amount of the grant thus shortening the TIF payback period. The TBRA program provides funds to investigate and clean up polluted land, ground water or hazardous materials in existing buildings (i.e., brownfields) for economic redevelopment projects that enhance the tax base of a municipality while promoting job retention or job growth and/or the production of housing. Contamination cleanup grants are intended for applicants that are seeking public funding to assist with the cost of implementing a cleanup plan and begin redevelopment. TBRA Contamination Cleanup funds are awarded on a competitive basis to redevelopment projects that will start within 3 years of receiving the grant award. Once awarded, the EDA submits draw requests to the agency verifying that specific qualified costs were incurred by the Redeveloper. Upon approval, the agency disburses the requested funds to the EDA who then disburses them to the redeveloper. The Metropolitan Council requires an authorizing resolution from the governing body of the city where the project site is located indicating that the city is committed to the project. Grant awards are typically announced in July. Economic Development Authority Meeting of May 6, 2013 (Item No. 7b) Page 3 Title: Authorization to Submit Contamination Cleanup Grant Application Related to Eliot Park Project ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 13-____ RESOLUTION AUTHORIZING APPLICATION FOR THE METROPOLITAN COUNCIL TAX BASE REVITALIZATION ACCOUNT ON BEHALF OF ELIOT PARK APARTMENTS, LLC WHEREAS, the City of St. Louis Park is a participant in the Metropolitan Livable Communities Act Local Housing Incentives Program for 2013 as determined by the Metropolitan Council, and is therefore eligible to apply for Tax Base Revitalization Account funds; and WHEREAS, the City has identified a contamination cleanup project within the City that meets the Tax Base Revitalization Account’s purposes and criteria; and are consistent with and promote the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and WHEREAS, the City has the institutional, managerial and financial capability ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS, the City of St. Louis Park Economic Development Authority agrees to act as legal sponsor for the project contained in the Tax Base Revitalization Account grant application submitted on May 1, 2013; NOW, THEREFORE, BE IT RESOLVED that the President and Executive Director are hereby authorized to apply to the Metropolitan Council for a Tax Base Revitalization Account grant on behalf of the St. Louis Park Economic Development Authority and to execute such agreements as are necessary to implement the project on behalf of the applicant. Reviewed for Administration: Adopted by the Economic Development Authority , May 6, 2013 Executive Director President Attest Secretary Meeting: City Council Meeting Date: May 6, 2013 Presentation: 2a EXECUTIVE SUMMARY TITLE: Recognition of Boards and Commissions Members RECOMMENDED ACTION: 1. The Mayor is asked to read the attached Proclamation honoring all volunteer commissioners. 2. The Mayor is asked to recognize and present Certificates of Appreciation to the following outgoing Boards and Commissions members who are in attendance. • Marjorie Douville – Fire Civil Service Commission (August 2004-December 2012) • Renee DuFour – Housing Authority (January 2008-January 2013) 3. The Mayor is asked to read the names of the following outgoing Boards and Commissions members who are not in attendance. • Ryan Burt – Board of Zoning Appeals – (October 2001-September 2012 • Kimberly Mayes – Police Advisory Commission – (March 2010-December 2012) • Nathan Prosser – Charter Commission – (December 2008-December 2012) • Patrick Skinner – Charter Commission – (October 2006-November 2012) • Mary Tomback – Human Rights Commission – School Rep. (January 2010-December 2012) • Asa Goldstein – Police Advisory Commission – Youth (October 2011-August 2012) • Emily Goldstein – Human Rights Commission – Youth (September 2011-August 2012) • Duncan McIntyre – Police Advisory Commission – Youth (October 2011-August 2012) POLICY CONSIDERATION: None at this time. SUMMARY: The City of St. Louis Park has had a long-standing tradition of citizen involvement in all aspects of city government. Citizen involvement improves the quality and responsiveness of public decision making. An opportunity to do that is by serving as a commissioner on one of the City’s boards and commissions. It is because of the commitment of citizen representatives on the various boards and commissions that staff requests the City Council honor these individuals for their past service to the community and recognize the contributions they have made. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Proclamation Prepared by: Kay Midura, Office Assistant Reviewed by: Nancy Stroth, City Clerk Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of May 6, 2013 (Item No. 2a) Page 2 Title: Recognition of Boards and Commissions Members PROCLAMATION Honoring Boards and Commissions Volunteers WHEREAS, various Boards and Commissions serve in an advisory capacity to the City of St. Louis Park City Council and are conferred various degrees of decision making power of the City; and WHEREAS, the City of St. Louis Park welcomes its citizens to share their talents and perspectives by serving on an advisory Board or Commission; WHEREAS, citizen involvement enhances the quality and responsiveness of public decision making and the progress of the community; and WHEREAS, Board and Commission volunteers are an essential part of St. Louis Park, vital to our future as a caring and productive community; and integral to our vision of becoming a connected and engaged community; and WHEREAS, Board and Commission volunteers continue to selflessly give their compassion, time, and commitment to better their community and the lives of others; and WHEREAS, Board and Commission volunteers continue to make a difference through their hard work, dedication and outstanding contributions to the City of St. Louis Park; and NOW THEREFORE, let it be known that the Mayor and City Council of the City of St. Louis Park do hereby commend volunteer members of St. Louis Park Boards and Commissions for their dedicated service and outstanding contributions to improving the quality of lives of others, and supporting our community and its people. WHEREFORE, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 6th day of May, 2013. ______________________________________ Jeff Jacobs, Mayor Meeting: City Council Meeting Date: May 6, 2013 Presentation: 2b EXECUTIVE SUMMARY TITLE: Hennepin County Sheriff’s Office Update RECOMMENDED ACTION: None POLICY CONSIDERATION: None at this time. SUMMARY: Hennepin County Sheriff Rich Stanek will update the City Council on the activities of the Hennepin County Sheriff’s Office. Council will have time at the end of the presentation to ask questions of Sheriff Stanek. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Debbie Fischer, Office Assistant Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: May 6, 2013 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA APRIL 1, 2013 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: None. Staff present: Deputy City Manager/Director of Human Resources (Ms. Deno), Director of Community Development (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther), Assistant Zoning Administrator (Mr. Morrison), Communications Coordinator (Mr. Zwilling), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Caring Youth Recognition Proclamation Mayor Jacobs recited the Proclamation for Caring Youth Day on April 23, 2013. Mr. Bob Ramsey appeared before the City Council and stated that Caring Youth Day is an inspiring event and represents a chance to celebrate these special young people. He stated this year’s event takes place at the Doubletree Hotel on April 23rd at 6:45 p.m. 3. Approval of Minutes 3a. Study Session Meeting Minutes March 11, 2013 Councilmember Ross requested that the eighth paragraph on page 3 be revised to state “Councilmember Ross requested clarification regarding the report and the need for additional sidewalks on the east side of Virginia the addition of a sidewalk on Virginia from Cedar Lake Road to access the trail.” Councilmember Mavity requested that the last sentence of the eleventh paragraph on page 2 be revised to state “She stated she was having a hard time determining which direction to give to staff when Council should be addressing the broader questions related to water quality management because it does not feel balanced in terms of the competing goals for each water body.” The minutes were approved as amended. City Council Meeting of May 6, 2013 (Item No. 3a) Page 2 Title: City Council Meeting Minutes of April 1, 2013 3b. City Council Meeting Minutes March 18, 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. Approve Second Reading and Adopt Ordinance No. 2437-13 of the rezoning from C-2, General Commercial to O, Office, for the property at 3700 State Highway 100 consistent with the Comprehensive Plan and to approve the summary ordinance for publication. 4b. Moved to Item 8c. 4c. Approve an Encroachment Agreement at 1600 West End Boulevard for Temporary Private Use of Public Land for outdoor dining and to authorize the Mayor and City Manager to execute the agreement. 4d. Adopt Resolution No. 13-049 authorizing final payment in the amount of $2,514.77 and accepting work for Fire Stations No. 1 and No. 2 Work Scope 19 (Miscellaneous Specialties) for Project Nos. 2008-3001 and 2008-3002, City Contract No. 77-11. 4e. Approve Second Reading and Adopt Ordinance No. 2438-13 amending the St. Louis Park Code of Ordinances Chapter 2 Establishing the Environment and Sustainability Commission: Sustainable SLP, and approve summary ordinance for publication on April 11, 2013. 4f. Adopt Resolution No. 13-050 accepting the project report, establishing Improvement Project No. 2013-1101, approving plans and specifications, and authorizing advertisement for bids for these improvements. 4g. Designate Classic Protective Coatings, Inc., as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $824,150 for Elevated Storage Tank No. 3 Rehabilitation and Recoating Project No. 2012- 1500. 4h. Adopt Resolution No. 13-051 authorizing installation of permit parking restrictions at 3112 Edgewood Avenue South. 4i. Approve for filing Police Advisory Commission Meeting Minutes January 2, 2013. 4j. Approve for filing Housing Authority Meeting Minutes January 9, 2013. 4k. Approve for filing Planning Commission Meeting Minutes March 6, 2012. 4l. Approve for filing Vendor Claims. Councilmember Spano requested that Consent Calendar item 4b be removed and placed on the Regular Agenda. It was moved by Councilmember Spano, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar item 4b to the regular agenda as item 8c; and to waive reading of all resolutions and ordinances. The motion passed 7-0. City Council Meeting of May 6, 2013 (Item No. 3a) Page 3 Title: City Council Meeting Minutes of April 1, 2013 5. Boards and Commissions - None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Conditional Use Permit – Calhoun Apartment Homes (4013 31st St W). Resolution No. 13-052. Mr. Morrison presented the staff report and presented an elevation drawing of the proposed seven-unit apartment building, noting that the slight grade change will accommodate underground parking with the next two floors consisting of two-story apartment units. He indicated each unit has direct access to the exterior of the building so the building will not have a common hallway. He advised the proposed building meets all required setbacks and 13 underground parking spaces are provided which meets all City requirements. He explained that all storm water requirements are met and the applicant intends to replace some of the soils with pervious soils conducive to infiltration and will also install a perforated tile system to collect water and encourage infiltration. He pointed out that all rooftop drainage will go directly into the infiltration basins that will allow runoff to infiltrate directly into the ground. He recited the DORA definition and stated the amenities include a sidewalk system extending around the entire building that connects with the regional trail. He stated there are eight outdoor patio areas on the site with seven patio areas designated to each unit and the eighth patio area available to all residents. He explained that staff concluded that the sidewalk, common patio area, and all other patios count toward meeting the DORA requirements noting that the DORA definition does not state that amenities have to be open and available to all and the definition is intentionally vague so as to give tenants the ability to enjoy additional recreation not otherwise available if held in common. He explained the proposal has approximately 3,800 square feet of DORA, which represents 31% of the property; the DORA requirement for the site is 12% or 1,743 square feet. He added if the designated patio areas were removed from the DORA calculation, the site would still meet the DORA requirement with 1,751 square feet or 14% of the property. He advised the Planning Commission recommended approval of the CUP subject to compliance with the City’s noise ordinance and limiting hours of construction to 8:00 a.m. to 10:00 p.m. Monday through Friday and 9:00 a.m. to 10:00 p.m. Saturday and Sunday. He then introduced Mr. Andrew Brenner. Councilmember Sanger expressed support for the project and felt the proposed use was appropriate. She expressed concern regarding availability of guest parking. Mr. Morrison advised there is no on-site guest parking provided and overflow parking is provided on the north side of 31st Street. Councilmember Sanger requested that the resolution be revised to require no construction after 6:00 p.m. versus 10:00 p.m., stating she did not feel it was appropriate to allow construction until 10:00 p.m. in this residential neighborhood. She stated she did not share staff’s opinion that the private patios designated for each unit can be included in the DORA calculation and felt that the examples provided in the DORA definition suggest they are all to be spaces that anyone who lives there can make use of, whereas the private City Council Meeting of May 6, 2013 (Item No. 3a) Page 4 Title: City Council Meeting Minutes of April 1, 2013 patios are designated for each unit; however, given that the City does not need to count the private patios to meet the DORA requirement, she would support the CUP request but requested that the private patios be excluded from the DORA calculation. She also requested that Council have a study session discussion regarding DORA requirements. It was moved by Councilmember Sanger, seconded by Councilmember Ross, to adopt Resolution No. 13-052 Granting Conditional Use Permit Under Section 36-166(d)(1) of the St. Louis Park Ordinance Code Relating to Zoning to Permit Construction of an Apartment Building for Property Zoned R-4 Multiple-Family Residential District located at 4013 31st Street West, as amended to prohibit construction activity between the hours of 6:00 p.m. and 8:00 a.m. Councilmember Ross requested a friendly amendment to prohibit construction activity after 8:00 p.m. rather than 6:00 p.m. Mr. Andrew Brenner appeared before the City Council and stated they need flexibility with construction due to factors that delay construction such as rain. He stated his agreement with an 8:00 p.m. construction deadline and noted there would be very few days where they are working until 8:00 p.m. He stated there would also be a four-day time period during cement pouring where they would like to start around 7:00 a.m. Councilmember Ross stated her agreement with Mr. Brenner’s request for a limited 7:00 a.m. construction start time during cement pouring and requested an additional friendly amendment to allow construction activity to begin at 7:00 a.m. during the four day time period when concrete is being poured. Councilmember Sanger stated she was okay with allowing construction until 8:00 p.m. but did not agree with allowing construction activity before 8:00 a.m. Councilmember Ross withdrew her second to the motion. The motion failed for lack of a second. Councilmember Mavity requested information regarding typical hours for construction contained in the City’s Ordinance. Ms. McMonigal replied the Ordinance allows construction between the hours of 7:00 a.m. and 10:00 p.m. and the hours can be adjusted with a CUP as needed. It was moved by Councilmember Sanger, seconded by Councilmember Hallfin, to adopt Resolution No. 13-052 Granting Conditional Use Permit Under Section 36-166(d)(1) of the St. Louis Park Ordinance Code Relating to Zoning to Permit Construction of an Apartment Building for Property Zoned R-4 Multiple-Family Residential District located at 4013 31st Street West, as amended to prohibit construction activity between the hours of 8:00 p.m. and 8:00 a.m., with the exception of allowing construction activity to begin at 7:00 a.m. for up to four days after notification to the neighbors. Councilmember Mavity expressed concern about being this specific on a project in which unpredictable things occur and did not think it was good policy to get this detailed. City Council Meeting of May 6, 2013 (Item No. 3a) Page 5 Title: City Council Meeting Minutes of April 1, 2013 Councilmember Ross agreed and requested that the neighborhood be given a rough estimate of the scheduled 7:00 a.m. start time. She agreed with Councilmember Sanger’s concerns regarding parking for guests. Ms. McMonigal stated that guest parking is calculated at 10% of the overall required parking and a typical day would require 1.3 parking spaces on the street. The motion passed 7-0. 8b. Preliminary/Final Plat & PUD - 3555 Hwy 100 (LA Fitness and Goodwill Store). Resolution Nos. 13-053 and 13-054. Mr. Morrison presented the staff report and Preliminary/Final Plat and PUD for the property at 3555 Highway 100, which includes an existing LA Fitness facility. He advised the PUD includes the addition of a new 17,600 square foot Goodwill store on the south side with a drop off area on the west side. He indicated the PUD provides shared access and shared parking with access on 36th Street and two access points on 35th Street. He indicated that LA Fitness is required to provide 266 parking spaces and there are 317 parking spaces provided on Lot 2 and the Goodwill store is required to have 71 parking spaces and there are 45 parking spaces provided on Lot 1. He stated as part of the PUD’s shared parking, 327 parking spaces are required and there are 362 total parking spaces provided. He advised the parking lot will be improved with landscape islands as well as trees planted along Highway 100 and 36th Street. He explained that pedestrian access includes the public sidewalk along 36th Street and a pedestrian walkway has been added to the sidewalk along the Goodwill store as well as a new sidewalk on 35th Street. He then introduced Mr. Jay Moore (Oppidan Holdings) and Mr. Brian Pellowski (PBK Investments representing the property owner). Councilmember Mavity questioned how pedestrians would safely get to the Goodwill store that are coming from the south and felt this area might need better access. She also requested that the City make sure there is adequate parking available at the LA Fitness facility particularly given the parking issues at the LA Fitness on Cedar Lake Road. Mr. Morrison stated the City has had conversations with LA Fitness about parking needs, and LA Fitness has indicated that the amount of parking provided exceeds their own calculations and LA Fitness is comfortable with the proposal presented to Council. Councilmember Ross requested information about cars stacking up in the drop off area for the Goodwill store and how that may or may not impede the flow of traffic. Mr. Jay Moore appeared before the City Council and stated the drop off donation line is on the west side and the stacking line has room for 15 cars. He noted they intentionally did not include parking stalls in this area. It was moved by Councilmember Mavity, seconded by Councilmember Ross, to adopt Resolution No. 13-053 Giving Approval for Preliminary and Final Plat of Belt Line Industrial Park 3rd Addition. The motion passed 7-0. City Council Meeting of May 6, 2013 (Item No. 3a) Page 6 Title: City Council Meeting Minutes of April 1, 2013 It was moved by Councilmember Mavity, seconded by Councilmember Ross, to adopt Resolution No. 13-054 Approving a Preliminary and Final Planned Unit Development (PUD) of Boardwalk Center under Section 36-367 of the St. Louis Park Ordinance Code Relating to Zoning for Property Located at 3555 State Highway 100 South. The motion passed 7-0. 8c. Second Reading and Adopt Ordinance Amending Chapter 36 of the City Code Pertaining to Educational Facilities in the R-3 Two-Family Residential District and to Signage in the Park and Open Space District. Ordinance No. 2439-13. Councilmember Spano requested clarification regarding the provision contained in section e.3. that states housing must be supervised 24 hours a day, seven days a week by responsible adults living on-site and he asked how the term “responsible” is defined. Ms. McMonigal advised the City is not in the business of policing responsibility and suggested that the word “responsible” be deleted adding the City will not be approving anyone hired by the school and will not be performing background checks. Councilmember Santa indicated it was likely that State law addresses adults living on-site who are supervising children and the school will have to conform to the State’s guidelines in this area. Councilmember Sanger stated the school would have to comply with State law and felt it was pointless for the City to define the requirements relative to adult supervision and should be left to the School’s Board to figure out. It was moved by Councilmember Spano, seconded by Councilmember Mavity, to approve Second Reading and Adopt Ordinance No. 2439-13 Amending the St. Louis Park Ordinance Code Relating to Zoning by Amending Sections 36-165(d)(8) and Table 36- 362A, as amended to delete the word “responsible” in section e.3. The motion passed 7-0. Communications None. 10. Adjournment The meeting adjourned at 8:30 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: May 6, 2013 Minutes: 3b UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA APRIL 8, 2013 The meeting convened at 6:38 p.m. Councilmembers present: Mayor Pro Tem Susan Sanger, Steve Hallfin, Anne Mavity, Julia Ross (arrived at 6:41 p.m.), Sue Santa, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Director of Public Works (Mr. Rardin), City Engineer (Mr. Brink), Director of Parks and Recreation (Ms. Walsh), Director of Community Development (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Senior Planner (Mr. Walther), Community Liaison (Ms. Olson), Communications Coordinator (Mr. Zwilling), and Recording Secretary (Ms. Hughes). Guests: April Crockett (Mn/DOT Project Engineer), Michael Schroeder (LHB Corp.), Mark Fuhrmann (Met Council Program Director - Twin Cities LRT), Jim Alexander (Met Council SW LRT Director of Design & Engineering), Chris Weyer (Met Council SW LRT Project Director), Sophia Ginis (Community Outreach Coordinator for St. Louis Park & Minneapolis), Sam O’Connell (Community Outreach Manager), and Jeff Miller (HKGi). 1. Future Study Session Agenda Planning – April 22, 2013 Mr. Harmening presented the proposed special study session agenda for April 22nd. 2. Highway 100 Project Update Mr. Brink presented the staff report and introduced Mr. Michael Schroeder, LHB Corp., and Ms. April Crockett, Mn/DOT Project Engineer. Mr. Schroeder explained the process undertaken regarding Visual Quality stating the goal is to produce ideas that tie together the Highway 100 corridor and pull together ideas shared by members of the Visual Quality Advisory Committee (VQAC). He stated the VQAC divided the visual quality elements for this project into three categories, including major mainline structures, local features, and supporting elements, and the VQAC is interested in public art that is reflective of the community and is innovative, visionary, vibrant, welcoming, and embracing, and should also include branding specific to St. Louis Park. He stated the VQAC envisions a corridor that respects the environment and reflects a commitment to the environment and social stewardship, adding it was important to the VQAC to incorporate art as integrated pieces of a well-planned whole. He then presented several drawings developed through the VQAC process intended to be innovative and unique and that establishes a signature along the corridor. He discussed the noise walls and retaining walls and stated the VQAC worked to find ways that the noise walls on the northern end of the corridor act as gateway elements for St. Louis Park by clearly marking beginning and end points and that break up the verticality of tall walls. He then presented several drawings of possible noise walls indicating that native materials would be used in the foundation. He advised the VQAC recently finished its discussion on local features that support City Council Meeting of May 6, 2013 (Item No. 3b) Page 2 Title: Study Session Minutes of April 8, 2013 the major mainline structures and identified a series of locations that could typify local character, including a streetscape feature along Utica Avenue and an alleyscape on the east side of Utica Avenue that incorporates natural lighting; other potential locations include the Minnetonka Boulevard bridge railing and bridge lighting and the Highway 7 interchange. He stated the VQAC also defined parameters for where public art should be incorporated in conjunction with Mn/DOT requirements, e.g., Monkey Island and the Holiday right-of-way remnant area. He indicated that supporting elements include earthwork and grading, drainage and ponding, signs and sign bridges, highway lighting, and landscape design concept and will be discussed by the VQAC at an upcoming meeting. He advised that an open house focused on visual quality will occur during June and the Visual Quality Manual will be done by the end of June. Councilmember Spano requested further information regarding lighting related to the bridge structure. Mr. Schroeder advised the VQAC has been considering the use of a small reveal with a strip of LED lights in order to highlight a portion of the bridge and at the ends of walls as a way to make sure they stand out as architecture pieces. Councilmember Mavity suggested using down lighting on the pedestrian areas of the bridges that would be set into the wall itself and that would not be distractive to drivers. Councilmember Ross suggested using some type of low-maintenance groundcover. She also suggested the VQAC give consideration to possible alternatives to standard Mn/DOT signage as a way to create another public art opportunity. Mayor Pro Tem Sanger suggested having the name of the community or name of the road set into stone. Ms. Olson advised that staff proposes to contract with Andrea Myklebust and Stan Sears of Myklebust+Sears on the public art for this corridor and noted that Myklebust+Sears was selected to work on the Highway 7 and Louisiana Avenue public art project. Ms. Walsh indicated that Ms. Myklebust and Mr. Sears are familiar with Mn/DOT guidelines and are comfortable working with Mn/DOT on these types of projects. She stated that given the short timeframe and Mn/DOT restrictions, staff feels that Myklebust+Sears represents the best choice for the City. It was the consensus of the City Council to proceed with contracting with Myklebust+Sears on public art opportunities along the Highway 100 corridor. Councilmember Santa urged the City to incorporate innovative landscaping into this project particularly given the City’s sustainability program. She also urged the City to incorporate stronger branding into the project. Mayor Pro Tem Sanger thanked Mr. Schroeder and Ms. Crockett and the VQAC for all their work on this project. 3. SW LRT Update Mr. Locke presented the staff report. City Council Meeting of May 6, 2013 (Item No. 3b) Page 3 Title: Study Session Minutes of April 8, 2013 Mr. Fuhrmann stated he is the Program Director for light rail in the Twin Cities and introduced Mr. Chris Weyer, Met Council SWLRT Project Director; Mr. Jim Alexander, SWLRT Director of Design & Engineering; Ms. Sam O’Connell, Community Outreach Manage; and Ms. Sophia Ginis, Community Outreach Coordinator for St. Louis Park and Minneapolis. He advised that the SW LRT project includes five partner cities and will include 17 light rail stations with three stations located in St. Louis Park. He reviewed the SW LRT development timeline indicating that final design will be completed during 2014 and 2015 with construction taking place through 2017 and final testing and operations beginning in 2018. He stated that Preliminary Engineering (PE) plans will be submitted to cities to begin the municipal consent process in the third quarter of 2013. It will be followed by a public hearing process with the goal of receiving municipal consent the end of 2013. Mr. Alexander presented the SW LRT PE technical issues stating that technical issues #13, #14, #15, and #16 relate to light rail stations specific to the City of St. Louis Park, technical issue #21 relates to freight rail, and technical issue #23 relates to the Operation and Maintenance Facility (OMF) site. He discussed the municipal consent elements and major scoping decisions that serve as guiding principles for issue resolution. He reviewed the SW LRT Advisory Committee process that includes public involvement of business and community representatives and stated there has also been an ongoing extensive public outreach process. He presented information regarding the Hiawatha OMF and advised that the OMF site that will be needed for SWLRT line will be approximately 15 acres in size and house approximately 150 to 180 employees. He stated that four potential OMF sites have been identified in St. Louis Park. He advised that as part of its due diligence, Met Council developed evaluation criteria to identify potential OMF sites. These criteria will be used to assist in narrowing the number of candidate sites from 18 to five or six sites. He then presented aerial drawings of the OMF candidate sites in the City. Councilmember Mavity stated there are existing uses in the OMF candidate sites that would result in jobs or businesses being removed. Mr. Alexander stated that economic development considerations are included in the OMF evaluation criteria adding that relocation costs will need to be factored into these considerations. He acknowledged that SW LRT will exist in an urban environment and there are existing uses in a lot of these sites. Mr. Locke indicated that the number of potential OMF sites was expanded from what was contained in the DEIS, and the City submitted a letter to Mr. Alexander indicating the City was not in support of the use of any of these sites as an OMF. Mayor Pro Tem Sanger asked what weight would be given to a local community’s land use plans for a potential OMF site. Mr. Alexander stated that Met Council will consider the evaluation criteria as well as a community’s future land use plans when making its decision regarding the OMF site. Councilmember Mavity asked what kind of noise and light would be generated outside or within an OMF facility. Mr. Fuhrmann advised that an OMF operation is much quieter than a rail yard and the Hiawatha OMF has much of its activity confined indoors. He acknowledged there is some operational City Council Meeting of May 6, 2013 (Item No. 3b) Page 4 Title: Study Session Minutes of April 8, 2013 track noise from trains leaving the yard to get back onto the mainline. He advised that an OMF facility is a 24/7 operation and the site is lit for security, adding they will work closely with the host community on lighting, including down lighting on the building to restrict ambient light from migrating into the neighborhood. Mr. Alexander stated the Business Advisory Committee and Community Advisory Committee discussed the potential OMF sites at their respective meetings March 27th and March 28th, noting that the Community Advisory Committee suggested the OMF presented an opportunity to serve multiple purposes on one site, e.g., OMF and park and ride. He reviewed next steps stating that an open house will be held in each of the potential OMF host cities and Met Council anticipates selecting the OMF site by June or July. Councilmember Spano stated the OMF locations are situated directly adjacent to light rail stations and Council has previously talked about the economic development that will be generated by these light rail stations, and pointed out that the potential OMF locations flies directly in the face of that economic development. Mr. Alexander discussed technical issue #21 regarding freight rail stating that the FTA has tasked the Met Council with developing designs for both relocation and co-location of freight rail. He presented a map of the co-location and relocation options as shown in the SW LRT DEIS and pointed out there will always be some form of co-location in the vicinity of Highway 169 and in Minneapolis at the east end of the SW LRT line, no matter which option is chosen. He stated that TC&W has indicated if they are relocated, it will need to be on some configuration that is no worse than the Kenilworth corridor, adding that TC&W raised concerns regarding the DEIS proposed relocation route; and, TC&W is assisting Met Council with the design of both the co-location and relocation alternatives. He presented an aerial drawing of the west portion of the preliminary co-location scenario (Co-lo-1), noting that this has a relatively confined right-of-way and is tight as the trains move north of the Midtown Greenway. He presented an aerial drawing of the middle and eastern portions of the co-location scenario (Co-lo-2 and Co-lo-3) stating that the maximum horizontal curve is six degrees and the maximum compensated grade is 1.18. He presented an aerial drawing of the western section of the relocation scenario (Re-Lo-1) and stated that one of the concerns raised by TC&W is the eight degree curve from the Bass Lake Spur to MN&S and the maximum compensated grade of 1.86%. He presented an aerial drawing of the next portion of the relocation scenario moving east (Re-Lo-2) and stated that TC&W raised concern about the “S” curves in this area near SLP High School. He indicated there are three curves along the DEIS proposed route that have a maximum compensated grade in excess of 1.18, causing TC&W to question whether they can operate on that configuration. He also presented aerial drawings of the rest of the relocation scenarios (Re-Lo-4 and Re-Lo -5). He stated they are currently defining existing conditions and anticipate completion of the design options in May for both relocation and co-location scenarios. Councilmember Santa indicated that comments have been made about how narrow and tight the Kenilworth segment is and asked if Met Council has considered the close proximity of houses along the reroute in the City, along with the close proximity to the high school and Peter Hobart as well as the number of street crossings. She added she wanted to make sure the City’s concerns are being given the same consideration as the concerns raised regarding Kenilworth. Mr. Alexander replied in the affirmative, adding that right-of-way has been factored into both the co-location and relocation options. City Council Meeting of May 6, 2013 (Item No. 3b) Page 5 Title: Study Session Minutes of April 8, 2013 Councilmember Mavity indicated there has been some discussion about moving the Louisiana Avenue light rail station further south toward Methodist Hospital and asked how that would impact the relocation and co-location as well as station area planning. Mr. Alexander advised they have been working with the City on station locations near Methodist Hospital, and moving the station could be possible in either a relocation or co-location scenario. Mayor Pro Tem Sanger asked if the Kenilworth analysis makes the assumption that the light rail tracks would go through the corridor precisely as defined in the DEIS or whether Met Council is open to moving them. She also asked if Met Council was open to moving the bike trail in the Kenilworth corridor in order to create more space for potentially relocated freight rail. Mr. Alexander replied that they are looking at opportunities for both light rail and freight rail through that corridor, including potentially relocating or elevating the trail and other options. Mayor Pro Tem Sanger asked if Met Council would be costing out all of the alternatives. Mr. Alexander replied in the affirmative and stated they intend to have those numbers as they develop the designs for both co-location and relocation. Councilmember Mavity stated that in either scenario one of the issues that St. Louis Park has dealt with includes the switching yard and storage and indicated that the City has stated on more than one occasion that removal of the storage and switching yard would be required. Mr. Alexander acknowledged Councilmember Mavity’s statement and indicated Met Council has communicated that statement with the railroad. He then reviewed next steps relative to freight rail and stated that an open house on freight rail will be scheduled in June or July. Mayor Pro Tem Sanger asked if Met Council expects to have already made a decision regarding freight rail at the time of the open house. Mr. Alexander stated that Met Council wants public input before a decision is made regarding freight rail. He added they will continue to work with the FTA as they move through the design process. Mr. Fuhrmann indicated that the FTA wants to know that Met Council has developed a workable, agreeable solution before taking final action on the preferred option, and Met Council will continue to develop design details and brief the City and other interested agencies, including the HCRRA, FTA, and STB. Mayor Pro Tem Sanger requested further information regarding the criteria used to evaluate the co-location and relocation options and how Met Council would weight those criteria in making a decision regarding freight rail. Mr. Fuhrmann stated they will need to look at environmental impacts of either co-location or relocation, as well as safety impacts and cost impacts, with the decision ultimately residing with the Met Council. City Council Meeting of May 6, 2013 (Item No. 3b) Page 6 Title: Study Session Minutes of April 8, 2013 Mayor Pro Tem Sanger stated that in either a relocation or co-location option, a lot of environmental mitigation will be required beyond what is currently contained in the DEIS. She asked if they are analyzing those mitigation needs and costing them out. She also asked if this mitigation would have a bearing on the freight route selected. Mr. Fuhrmann felt there was no perfect alignment, and Met Council acknowledges that it will have environmental impacts to address in either option. He stated that they will identify those items that cannot be remedied through design and identify mitigation measures required to address those items, adding that they will have to generate a cost estimate as to what those mitigation measures entail. Councilmember Mavity stated that the officially required mitigation falls far short compared to the mitigation identified in writing as needed by the City. She assumed that the officially required mitigation measures would be part of the SW LRT project budget but that the robust mitigation identified by the City will not be included in this budget, stating that this will be a problem for the City if it is facing making a decision on municipal consent by the end of the year. Councilmember Mavity was concerned that there will not be enough time to sort out the mitigation issues before a Municipal Consent decision is needed. Mr. Fuhrmann stated that the issues faced here are not unlike other rail projects in other host cities and indicated that Councilmember Mavity’s characterization was fair. He stated there will be FRA and FTA accepted mitigation measures along with Met Council justified mitigation measures that the FTA will participate in financially. He agreed there may be other mitigation measures beyond the FTA authorized mitigation measures, adding that in other projects they have gone back to the host city or host county to negotiate the mitigation measures whereby some combination of city, county, and Met Council funding was identified to fund some portion of the additional mitigation measures. Mayor Pro Tem Sanger stated that it appears there will be significant design changes compared to what was contained in the DEIS, and she asked if there will be another public comment period to weigh in on the revised plans. Mr. Fuhrmann explained that the environmental process allows for projects to make adjustments to what has been previously published and stated. If freight rail is moved to a completely different corridor, then they would have to create a new environmental disclosure step to articulate and disclose to the public for comment. He added that the Final EIS will be published in 2014 and this document provides a comment period to the public, noting that the FEIS occurs only after the municipal consent process. Mayor Pro Tem Sanger stated that it was her understanding that when Hennepin County handed over the DEIS to the Met Council, the Met Council would be taking an independent look at the DEIS analysis and options. She requested Met Council’s assurance regarding this independent analysis. Mr. Fuhrmann stated his commitment to the City as the officially designated lead project sponsor and added it is incumbent upon Met Council and the Southwest Project Office to comprehensively, thoughtfully, and creatively review all issues discussed with the City Council this evening. He added that the FTA has a significant stake in this project, and Met Council will continue working on all issues to find the best solutions for the project and the host cities. He City Council Meeting of May 6, 2013 (Item No. 3b) Page 7 Title: Study Session Minutes of April 8, 2013 expressed his appreciation to the City for its willingness and openness to engage in the technical evaluation and indicated that earlier comments made publicly by the City of Minneapolis do not influence the technical evaluation and design being generated by the Southwest Project Office. Mr. Alexander stated that information is available online at www.SWLRT.org or residents can contact Ms. Ginis at 612-373-3895 or sophia.ginis@metrotransit.org. Mayor Pro Tem Sanger thanked Mr. Fuhrmann and Mr. Alexander for the update. Transitional Station Area Action Plans (TSAAP) Discussion: Mr. Locke introduced Mr. Jeff Miller of HKGi. Mr. Miller provided an update on the TSAAP process and stated that this process is intended to promote opening day readiness by bridging the gap between current conditions and future needs by addressing station platform locations, park and ride, future development potential, access and circulation, infrastructure, and creative storm water solutions. He advised that the TSAAP process is working collaboratively with and parallel to the Southwest Project Office/Preliminary Engineering teams. He discussed the technical charrette meetings and presented a concept drawing for the Beltline station, which depicts a possible rerouting of the Cedar Lake trail along Park Glen Road, as well as improved pedestrian crossings at Highway 25 and at Beltline. He presented a concept drawing for the Wooddale station that includes a transit plaza. Other considerations included developing public space around the station and improving walk/bike crossings in the highway interchange areas and a bus/vehicle drop-off on 36th Street. He noted that this station is probably the most traditional transit oriented development area along the corridor, with a lot of focus on this area being mixed use. He also presented a concept drawing for the Louisiana Avenue station, stating this is one of the most challenging stations with consideration being given to alternative station locations and alternative rail lines, reorienting the entrance of the hospital toward Cambridge Street, and increasing walk/bike connections. Councilmember Ross asked if consideration had been given to using a shuttle system in these areas. Ms. McMonigal replied that the use of a shuttle system has been raised several times and stated that the City is working with Metro Transit on potential rerouting of some of the bus routes to go to the station areas. Mr. Miller stated that next steps include expanded stakeholder input on the concepts and moving toward development of action plans. He advised that an open house is scheduled for April 18th from 5:30-7:30 p.m. at the Rec Center that will include information on light rail as well as the TSAAP process and is meant to be an interactive format where attendees can provide input. He noted that all materials are posted on the SW LRT website for additional review and comment. Mayor Pro Tem Sanger thanked Mr. Miller for the update. Councilmember Mavity requested that the Met Council presentation, as well as Mr. Miller’s presentation, be posted on the website. Communications/Meeting Check-In (Verbal) City Council Meeting of May 6, 2013 (Item No. 3b) Page 8 Title: Study Session Minutes of April 8, 2013 Mayor Pro Tem Sanger asked if Council was interested in having a discussion regarding potential amendments to the Zoning Ordinance as it relates to mixed use, noting that the City has seen an increase in commercial uses on the first floor of a building with housing above and suggested that the City might need stronger codes requiring insulation so that residents living above a commercial use are not subjected to noise and/or odors. Councilmembers Santa, Mavity, and Ross supported further discussion of the Zoning Ordinance. Councilmember Mavity indicated that Council has been exploring the Business Park zoning classification and stated that during the station area process some pushback was received related to the Business Park zoning classification around station areas. She requested that Council take another look at this zoning classification based on the feedback received. Ms. McMonigal stated the Business Park zoning classification is intended to be a step away from industrial toward more mixed use. She indicated the City held public hearings on all properties affected by the Business Park zoning and has been talking with the City Attorney about changing the PUD Ordinance to allow residential in the Business Park zoning area adding that the City would like to do an overlay zone in the station areas. The meeting adjourned at 9:32 p.m. Written Reports provided and documented for recording purposes only: 4. February 2013 Monthly Financial Report 5. Wood Waste Facility Contract 6. Zoning Ordinance Amendment – Mobile Medical Uses ______________________________________ ______________________________________ Nancy Stroth, City Clerk Susan Sanger, Mayor Pro Tem Meeting: City Council Meeting Date: May 6, 2013 Minutes: 3c UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA APRIL 15, 2013 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: Julia Ross. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Knetsch), City Engineer (Mr. Brink), Director of Inspections (Mr. Hoffman), Planning/Zoning Supervisor (Ms. McMonigal), Inspection Services Manager (Ms. Boettcher), Engineering Project Manager (Mr. Sullivan), Associate Planner (Mr. Kelley), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations - None 3. Approval of Minutes 3a. Special Study Session Minutes April 1, 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 Nos. 13-055 and 13-056 to recognize Robert Baumgartner (24 years) & Thomas Wasmund (30 years) for their service to the City of St. Louis Park. 4b. Approve a soccer/football field lighting project at Louisiana Oaks Park. 4c. Adopt Resolution No. 13-057 authorizing entering into Cooperative Agreement No. 03162 with the Minnesota Department of Transportation (MnDOT) for the Highway 7 / Louisiana Avenue Interchange Project – Project No. 2012-0100. 4d. Approve a Contract with Short Elliot Hendrickson, (SEH) Inc. which provides for engineering consulting services related to the construction of the Highway 7 / Louisiana Avenue Interchange Project – Project No. 2012-0100. 4e. Approve a Cooperative Agreement with the MCES for the Highway 7 / Louisiana Avenue Interchange Project – Project No. 2012-0100 and authorizing the Mayor and City Manager to execute the Agreement. City Council Meeting of May 6, 2013 (Item No. 3c) Page 2 Title: City Council Meeting Minutes of April 15, 2013 4f. Designate Allied Blacktop Company the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $289,609.91 for Street Maintenance Project (Sealcoat Streets - Area 5 – Project No. 2013-0001). 4g. Designate Thomas & Sons Construction, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $126,109.75 for the 2013 Random Concrete Repair Project – Project No. 2013-0003, 0004, and 0006. 4h. Designate ASTECH Corporation the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $1,357,961.60 for the 2013 Local Street Rehabilitation Project (Area 1) - Project Nos. 2012-1000 & 2013-1400. 4i. Adopt Resolution No. 13-058 authorizing the elimination of the permit parking restriction in front of 3128 Idaho Avenue South. 4j. Approve for filing Parks & Rec Advisory Commission Minutes October 24, 2012. 4k. Approve for filing Parks & Rec Advisory Commission Minutes December 5, 2012. 4l. Approve for filing Vendor Claims. Mr. Harmening advised that Consent Calendar item 4e related to the Cooperative Agreement with Met Council contains the City’s agreement to oversee construction of a sanitary sewer main that Met Council wants installed as part of this project. He explained that the City is charging Met Council $153,000 for its cost to administer this project and noted the formula for calculating the City’s cost is in the process of being refined but the amount the City will receive from Met Council will not change. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Ross absent). 5. Boards and Commissions It was moved by Councilmember Santa, seconded by Councilmember Mavity, to appoint Jeff Huebner to the Police Advisory Commission for a term expiring on 12/31/15. The motion passed 6-0 (Councilmember Ross absent). 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Amendment of City Code Chapter 8, Subdivisions IV, V & VII, and Chapter 12, Article 1 Mr. Hoffman presented the staff report and stated this is a housekeeping item to reflect the City’s delegation agreements with Hennepin County and the Minnesota Department of Agriculture related to food, lodging, and public facilities. He noted that the City would be maintaining responsibility for licensing and inspection of tanning facilities. City Council Meeting of May 6, 2013 (Item No. 3c) Page 3 Title: City Council Meeting Minutes of April 15, 2013 It was moved by Councilmember Mavity, seconded by Councilmember Spano, to approve First Reading of Ordinance Amending Chapter 8, Subdivisions IV – Food and Beverage, V – Public Sanitary Facilities, and VII – Lodging, and Chapter 12, Article 1 – Environmental and Public Health and to set Second Reading for May 6, 2013. The motion passed 6-0 (Councilmember Ross absent). 8b. Conditional Use Permit – Luther Fiat (1820 Quentin Avenue South). Resolution No. 13-059 Ms. McMonigal introduced Associate Planner Ryan Kelley. Mr. Kelley presented the staff report and explained that Luther Fiat has applied for a Conditional Use Permit for an automotive dealership at 1820 Quentin Avenue South. He stated the property is zoned C-2 Commercial and was previously a Volkswagen dealership and then a Suzuki dealership that closed in 2008. He indicated the previous use provided auto body repair and painting in a portion of the building that will not be provided as part of the Fiat dealership and that portion of the building will be demolished. He stated that 74 parking stalls are required and the applicant has provided 61 surface stalls and 13 service bays. He stated the remaining building exceeds all setback requirements including parking setback requirements. He stated a new freestanding sign would be located on the southeast portion of the property and noted that because the site is adjacent to Highway 100, special provisions must be met and the applicant has submitted an exhibit showing all requirements will be met, adding the new sign is the same height as the existing sign. He advised the landscape plan provides over 200 shrubs and 30 trees including a hedge perimeter and trees planted in the landscape islands in the parking lot. He presented a drawing of the proposed building that exceeds all building materials requirements except for the west façade, which is exempt from the requirements as it is not visible from offsite. He added the applicant will be screening the rooftop unit to bring it into conformance. Councilmember Sanger pointed out condition (g) that states no test driving shall be permitted on local residential streets and stated the City had a lot of issues with this during the past dealerships where persons were test driving at high speeds which was not well received by the residents. She encouraged the managers of the Fiat dealership to adhere to this condition and require their patrons to test drive vehicles elsewhere. It was moved by Councilmember Sanger, seconded by Councilmember Hallfin, to adopt Resolution No. 13-059 Granting a Conditional Use Permit to Permit Motor Vehicle Sales for Property Located at 1820 Quentin Avenue South. Councilmember Mavity requested further information regarding potential impacts to the site as a result of the pedestrian bridge connection over the railroad tracks on either side of Highway 100. Mr. Kelley advised there has been no design work completed and it is not known what the impacts would be or whether it would impact the Luther site, adding that Public Works staff requested this item be included in the report as a potential issue. The motion passed 6-0 (Councilmember Ross absent). City Council Meeting of May 6, 2013 (Item No. 3c) Page 4 Title: City Council Meeting Minutes of April 15, 2013 8c. Project Report: Street Project – France Avenue Improvements – Project No. 2010-0005. Resolution Nos. 13-060 and 13-061 Mr. Sullivan presented the staff report and explained that a portion of France Avenue was turned back to the City in 2006 and Hennepin County compensated the City as part of the turn back in the amount of $320,000. He stated at that time, Council requested that engineering staff look at how to modify the roadway, including installation of a sidewalk on the west side of the road from 22nd Street to 26th Street, modifications to the intersection at 26th Street, street narrowing, and/or traffic calming. He explained the City held public information meetings with residents to discuss three design options with Design Option #1 providing installation of a 6’ concrete boulevard sidewalk on the west side of France Avenue. He stated this option results in a high level of impacts to several properties as a result of installation of a sidewalk 12’ behind the curb line where several residents have landscaped within the right-of-way and residents felt the City could do more to alleviate those impacts. He explained that Design Option #2 provides improvements to the west side of France Avenue only and includes a 6’ concrete boulevard sidewalk that would narrow the shoulder to provide an 11’ travel lane and a striped shoulder for bicycles. He stated this option would pull the impacts away from the residential properties; however, the estimated cost of this option is $352,300 and ignores the northbound side of the roadway. He explained that Design Option #3 provides new concrete curb and gutter, a dedicated shoulder for a bike lane, and lane narrowing for traffic calming. He stated the estimated cost for Design Option #3 is $499,000. He presented a drawing of the roadway design widths stating that Design Option #3 reduces the hard surface, narrows traffic lanes to provide traffic calming, and achieves a boulevard style sidewalk that creates separation of pedestrians from vehicles. He noted the City would be responsible for snow removal and long-term maintenance of the proposed sidewalk. He stated Design Option #3 achieves the Complete Street principles, achieves the goals set by Council by providing a sidewalk on the west side, provides street narrowing and traffic calming, and also includes buy-in from residents as the least impactful option. He advised that construction will begin in early June and the road will remain open during construction with access to all properties, adding there will be parking restrictions during shoulder work on both sides of the roadway. He indicated the project would be funded by the Hennepin County turn back funds, as well as sidewalk, trail, and bikeway funds, utility maintenance funds, and Capital Replacement funds. He added that the City will work with the Information Resources Department to extend the City’s fiber network during this project. Councilmember Sanger expressed thanks to City staff for their work on this project and for working with the neighborhood to address their concerns. She indicated there have been complaints about drivers perceived to be exceeding the speed limit and was hopeful that the lane narrowing would lead to traffic calming and reduced speeds. It was moved by Councilmember Sanger, seconded by Councilmember Spano, to adopt Resolution No. 13-060 Accepting the Project Report, Establishing Improvement Project No. 2010-0005, Approving Plans and Specifications and Authorizing Advertisement for Bids for Improvement Project No. 2010-0005 and to adopt Resolution No. 13-061 Authorizing Installation of “No Parking” Signs on Both Sides of France Avenue from 22nd Street W. to 26th Street W. The motion passed 6-0 (Councilmember Ross absent). City Council Meeting of May 6, 2013 (Item No. 3c) Page 5 Title: City Council Meeting Minutes of April 15, 2013 9. Communications Mayor Jacobs reminded residents of the Caring Youth Day event on Tuesday, April 23rd, at 6:45 p.m. Mr. Harmening reminded residents the City will be flushing water mains through the end of this week. He also reminded residents of the Arbor Day events on Saturday, April 20th, from 10:00 a.m. to 12:00 noon at the Nature Center. He stated that a Minnehaha Creek cleanup event with the Parks and Recreation Advisory Commission will be held on Saturday, April 27th, from 9:00-11:00 a.m. at the Knollwood canoe landing by Target. Councilmember Spano stated the City is thinking about the people in Boston after today’s tragic events. 10. Adjournment The meeting adjourned at 8:00 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Bid Tabulation: City Hall Renovation Update Project No. 2009-1600 RECOMMENDED ACTION: Motion to designate Black and Dew the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $1,493,000 for the base bid and Bid Alternates 1, 2, and 3 for a total contract amount of $1,620,100 for City Hall Renovation Project No. 2900-1600. POLICY CONSIDERATION: Does Council wish to: • Accept the bids and enter into a contract for renovation of the 1st floor of City Hall? • Include Bid Alternates 1-3 as part of the project? SUMMARY: A total of four (4) bids were received on April 18, 2013 for this project. A summary of the bid results is as follows: Contractor Bid Amount Bid Alternate 1 Bid Alternate 2 Bid Alternate 3 Black and Dew $1,493,000 $ 98,200 $ 9,500 $19,400 Jorgenson Construction $1,574,517 $ 97,000 $ 9,500 $46,000 Morton Construction $1,714,000 $104,200 $12,600 $57,900 Ebert Construction $1,882,134 $100,000 $10,200 $35,900 Review of submitted bid documents verified Black and Dew submitted the lowest base bid and total when including all bid alternates. The total bid package is $52,000 below the project architects estimate. FINANCIAL OR BUDGET CONSIDERATION: This project has been planned and included in the City’s adopted Capital Improvement Program with an estimated total budget of $2,290,000. Project costs will be paid from the City’s Capital Replacement Fund where a funding source of $2,430,000 is dedicated. 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 Prepared by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of May 6, 2013 (Item No. 4a) Title: Bid Tabulation: City Hall Renovation Update Project No. 2009-1600 Page 2 DISCUSSION BACKGROUND: An advertisement for bids was published in the St. Louis Park Sun-Sailor on March 21, 28 and April 4, 2013 and in Finance & Commerce March 21 and 28, 2013. Email notification was provided to five minority associations and final printed plans were made available for viewing through the project architect and engineering firm of Krech, O’Brien, Mueller, and Associates (KOMA). PRESENT CONSIDERATIONS: Three bid alternates were developed in the plans to allow flexibility in total cost if bids were higher than expected and to determine if the City could add these items in the future at better value. Bid Alternate #1 ($98,200) - Installing audio/video equipment and control electronics in the Community Room and both first floor conference rooms. A Smart Board, large flat screen monitor, and video conferencing equipment will provide the Community Room with modern equipment allowing various training and presentations to occur, including Council meetings. This type of work could be completed by city staff or a vendor after the General Contractors construction. However, including the equipment specified in Alternate #1 in the project is a good value and provides a complete turn-key project. Bid Alternate #2 ($9,500) – An electric vehicle charging station mounted outside along the garage wall. This added feature would provide an opportunity for electric car owners to perform a quick charge while visiting City Hall. The equipment would allow for either free charging or a credit card to be used. A charging station provides a positive statement on the City’s environmental stewardship value. Bid Alternate # 3 ($19,400) – Modify the two car parking garage into a delivery and storage room. The current garage was originally built as the Police Sally-Port. This conversion would include removing the garage doors and installing a brick veneer wall (salvaged from the community room wall demolition) with a single four foot wide delivery door. The inside floor drain would be relocated and a new concrete floor would be poured inside. These changes would provide substantially improved usability at a good value, helping to eliminate receiving deliveries through the front door. Financial Details The resulting low bid with all alternates is about $52,000 below the amount estimated by the architect and presented to Council in the March 11, 2013 report authorizing the project and advertising for bids. Staff is recommending this amount be added to the contingency and maintaining the overall project budget at $2,290,000. Based on the bid received, total project cost and funding details are revised as follows: Expenditures Construction Cost $1,620,100 Design Fees $ 190,000 Workspaces and Furnishings $ 267,500 Contingency $ 212,400 Total Budget $2,290,000 Revenue Capital Replacement Fund Allocation $2,430,000 City Council Meeting of May 6, 2013 (Item No. 4a) Title: Bid Tabulation: City Hall Renovation Update Project No. 2009-1600 Page 3 NEXT STEPS: The contractor has provided a schedule indicating demolition work would begin June 3rd and continue for three weeks. Construction would begin late in June and be substantially completed by October 7th. First floor reception and public service functions will be relocated to the second floor in City Hall. Exterior signage will be installed around the site to direct primary public parking to the East lot, with an accessible route into the building at the North side second floor door under the bridge. Most of the South side parking lot will remain available for employee parking and Police Department use. Other than reception staff remaining in City Hall, Information Resources staff will have temporary workstations built in office spaces in the Police Department, MSC, and Fire Station #1. Facilities Maintenance staff will temporarily move to office space on the second floor within the Inspections area. Except for the boiler and records storage room, all staff and items of value will be moved out and ready for the contractor to start by the end of May. Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 RECOMMENDED ACTION: Motion to Approve Second Reading and Adopt Ordinance amending Chapter 8, Subdivisions IV – Food and Beverage, V – Public Sanitary Facilities, and VII – Lodging and Chapter 12, Article 1 – Environmental and Public Health and approve summary ordinance for publication on May 16, 2013. POLICY CONSIDERATION: Does the City Council support proceeding with amending Chapter 8, Subdivisions IV, V and VII of the City Code to reflect current Environmental Health business licensing delegation and create provisions to continue with licensing of Tanning facilities and amend Chapter 12, Article 1 – Environmental and Public Health Regulations Adopted by Reference. SUMMARY: The proposed ordinance is intended as a simple housekeeping item, reflecting service changes which have occurred. Effective January 2013, the City ended delegation agreements with the Minnesota Department of Health (MDH) and Minnesota Department of Agriculture (MDA) for providing Environmental Health services. Amendments include deleting the following Subdivisions from Chapter 8 Businesses and Licenses and the regulations adopted by reference for these license types in Chapter 12: IV - Food and Beverage; V – Public Sanitary Facilities; and VII – Lodging. Tanning Facilities is the only type of licensed business currently integrated into Subdivision V - Public Sanitary Facilities which was not delegated. The Subdivision will be deleted and proposed to be replaced with provisions specifically for licensing and inspection of Tanning Facilities. First reading was of this ordinance was approved by Council on April 22, 2013 with no changes. If second reading is approved, the ordinance changes would become effective May 31, 2013. FINANCIAL OR BUDGET CONSIDERATION: Not applicable VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Ordinance Summary Ordinance for Publication Prepared by: Ann Boettcher, Inspection Services Manager Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager City Council Meeting of May 6, 2013 (Item No. 4b) Page 2 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 ORDINANCE NO. ____-13 AN ORDINANCE RELATING TO BUSINESS LICENSES, AMENDING REQUIREMENTS RELATING TO FOOD AND BEVERAGE ESTABLISHMENTS, LODGING ESTABLISHMENTS AND PUBLIC SANITARY FACILTIES; AND ENVIRONMENTAL AND PUBLIC HEALTH THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Chapter 8-1 of the St. Louis Park Code of Ordinances is amended to ready by adding the underlined language and deleting the strikethrough language: ARTICLE I. IN GENERAL Sec. 8-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Air contaminant means any gaseous matter or particulate matter which, when present in the outdoor atmosphere, contributes to a condition of air pollution, including, but not limited to, gases, vapors, mists, dust, soot, smoke, fumes, fly ash, cinders and odors. Air pollution means the presence in the atmosphere of one or more air contaminants, or combinations thereof, which is or may tend to be injurious to human health or welfare, or injurious to human, plant or animal life or property, or that interferes with the comfortable enjoyment of life or property or the conduct of business. Amusement arcade means a business at one location devoted primarily to the operation of mechanical or electrical amusement devices and open for public use and participation. Amusement device means a mechanical or electrical machine which, upon the insertion of a coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic pay-off device for the return of money, coins, checks, tokens or merchandise, or which provides for no such devices, and shall include pinball machines, mechanical miniature pool tables, bowling machines, shuffleboards, electric rifle or gun ranges, miniature mechanical devices and games or amusements patterned after baseball, basketball, hockey, tennis, soccer, jukeboxes and similar games, which may be used solely for amusement and not as gambling devices. Atmosphere means the air that envelopes or surrounds the earth. Billboard means a sign which is used for the primary purpose of selling space advertising a product, service, business or event which is not offered for sale or rent or does not take place on the premises on which the sign is located. City Council Meeting of May 6, 2013 (Item No. 4b) Page 3 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 Boardinghouse means a food and beverage service establishment where food or beverages, or both, are furnished to five or more regular boarders, whether with or without sleeping accommodations, for periods of one week or more. City property means any property owned by the city, including, but not limited to, municipal buildings, parks or city rights-of-way. Commercial entertainment establishment means an amusement arcade, when the arcade is the principal operation of the business establishment, a roller skating rink or a movie theater. Construction debris container means any roll-off four-sided steel container for temporary storage of construction and demolition materials. Construction demolition materials means any waste building materials, packaging and rubble resulting from the construction, repair and demolition of buildings. Courtesy bench means any bench or seat located on any public sidewalk along a street or thoroughfare or on any public right-of-way along a street or thoroughfare or on private property dedicated to public use or authorized for public use by the owner of such bench. Dog kennel means any place where four or more dogs over the age of nine weeks are kept for a period longer than 24 hours, or any business engaged in the breeding, health care, boarding or sale of dogs. Emission means the discharging, releasing, circulating, letting off, raising, liberating, freeing or sending forth into the atmosphere any air contaminant or combinations thereof. Enclosed parking facility means an enclosed building or structure, or part of a building or structure, used for parking, storage or maintenance of motor vehicles. Food or beverage establishment means any building, room, stand, enclosure, vehicle, space, area or other place where food or beverages are manufactured, prepared, stored, distributed, served, sold or offered for sale to the public at retail, regardless of whether there is a charge for the article, or otherwise provides foods or beverages, or both, for human consumption. Food vending machine means food vending machines as defined in M.S.A. § 28A.09. Garbage means animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Health authority means the duly appointed health officials of the city. Health department, health officer, state board of health and board mean, if used at any place in this chapter and in the requirements adopted by reference, the health authority of the city. Health/sports establishment means a business, the primary purpose of which is health and fitness, of which massage therapy may be a subsidiary and for which the financial records of the establishment are at all times available to the city for inspection. City Council Meeting of May 6, 2013 (Item No. 4b) Page 4 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 High impact sexually-oriented business means any business with materials or entertainment provided to the public which are principally related to sexual stimulation or gratification other than a limited impact sexually-oriented business. Examples of a high impact sexually-oriented business include the following: (1) A business where sexually-oriented materials are sold, bartered, distributed, leased, furnished, exhibited or otherwise provided for use or entertainment on business premises; (2) A business where specified sexual activities are explicitly, verbally described or shown; (3) A business where specified anatomical areas are explicitly, verbally described or shown; (4) A business providing sexually-oriented materials for off-site use or entertainment, which has a separate area but does not meet the size of other restrictions to qualify as a limited impact sexually-oriented business; and (5) A business providing sexually-oriented materials for off-site use or entertainment where the sexually-oriented materials are dispersed within the business rather than isolated in a separate area. Hotel and motel mean a building, structure, enclosure, or any part of such building, structure or enclosure used as, maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished to the public and furnishing accommodations for periods of less than one week. Limited impact sexually-oriented business means a business where sexually-oriented materials are sold, bartered, distributed, leased, furnished or otherwise provided to the public and which meets the following restrictions: (1) All sexually-oriented materials must be provided for use or entertainment off the business premises only; (2) All sexually-oriented materials must be provided from a separate area to which persons under the age of 18 years are prohibited access; (3) The separate area may not exceed a maximum of 20 percent of the retail floor area of the establishment, or 300 square feet, whichever is less; (4) No person outside the separate area shall be able to perceive or observe and sexually- oriented materials at any time, including when someone is entering or exiting the separate area, shopping or purchasing sexually-oriented materials; (5) A sign must be displayed on the entrance to the separate area which shall read: "No person under the age of 18 is allowed in this area." The sign letters shall be a minimum of two inches high; and (6) The entry into the separate area shall be visible to an employee of the business at ll times. Lodging means the furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, or resort, other than the renting or leasing of it for a continuous period of thirty (30) calendar days or more. (Ord. No. 2396-10- 3-1-11) City Council Meeting of May 6, 2013 (Item No. 4b) Page 5 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 Lodging establishment means a building, structure, enclosure, or any part of such building, structure or enclosure used as, maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished to the public as regular roomers, for periods of one week or more, and having five or more beds to let to the public. Massage means the rubbing, stroking, kneading, tapping or rolling of the body of another with the hands or objects for the exclusive purpose of physical fitness, health care referral, relaxation, beautification and for no other purpose. Massage therapist means a person who practices or administers massage therapy. (Ord. No. 2381-10, 7-01-10) Massage therapy establishment means a place providing to the public at large massage services, other than a hospital, sanatorium, rest home, nursing home, boarding home, or other institution licensed under the provisions of M.S.A. §§ 144.50--144.69. The definition does not include the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; and persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, licensed nurses and athletic directors and trainers. Multilevel parking facility means a building or structure, or part thereof, in which a structural level other than a slab on grade is used for parking, storage, or maintenance of motor vehicles. Off-site consumption means any limited impact sexually-oriented business or any high impact sexually-oriented business where sexually-oriented materials are sold, bartered, distributed, leased, furnished or otherwise provided for use or entertainment off the business premises only. On-site consumption means any high impact sexually-oriented business where sexually- oriented materials or entertainment, which are principally related to sexual stimulation or gratification, are offered on the business premises. Operator means a person who provides lodging to others, or any office, agent or employee of such person. (Ord. No. 2396-10, 3-1-11) Pawnbroker means a person who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling such personal property or other valuable thing back again at a stipulated price; or who loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker business includes buying personal property previously used, rented, or leased, the provisions of this chapter shall be applicable. Any bank, savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of this chapter. Peddler means any person with no fixed place of business who goes from house to house carrying or transporting goods, wares or merchandise and offering or exposing such goods, wares or merchandise for sale, or making sales and deliveries to purchasers of such goods, wares or merchandise. City Council Meeting of May 6, 2013 (Item No. 4b) Page 6 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 Person means an individual, proprietorship, partnership, corporation, association, or other legal entity. Pool means any structure, chamber, or tank containing an artificial body of water for swimming, diving, relaxation, or recreational use including special purpose pools and wading pools. Private residential pool means a pool connected with a single-family residence or owner- occupied duplex, located on private property under the control of the homeowner, the use of which is limited to family members or the family's invited guests. A private residential pool is not a pool used as part of a business. Process means any action or operation which: (1) By physical action results in a change in location, form, or physical properties of a material; (2) By chemical action results in a change in chemical composition, chemical properties, or physical properties of a material; or (3) Creates or establishes a condition or situation which produces air contaminants. Public sanitary facility means a pool, whirlpool, sauna (dry or steam), public bath or shower, tanning beds or similar facility. Public swimming pool means any pool, other than a private residential pool, intended to be used collectively by numbers of persons for swimming and bathing, operated by any person, whether that person is the owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. A public swimming pool includes, but is not limited to, pools operated by a person in a park, school, licensed child care facility, group home, motel, camp, resort, apartment building, club, condominium, hotel, manufactured home park, or political subdivision. Refuse means all wastes (except body wastes) including, but not limited to, rubbish, tin cans, papers, Christmas trees, cardboard, grass clippings, ashes, glass jars and bottles, and wood normally resulting from the operation of households or business establishments, but not including garbage, sod, dirt, rocks, cement, trees, leaves, hedge or tree trimmings, or anything one person could not lift easily. Residential garbage/yard sale means any sale conducted at a residential premises where the property sold consists only of items owned by the owner or renter of the premises at which the sale takes place or by friends of such owner or renter, and where the sale is conducted by the owner of the premises or friends, not by an agent or any other person to whom a commission or fee is paid. Right-of-way means the property owned by the city for the construction and maintenance of the roadway and the improvements of the roadside. Roller skating rink means any room, place, or space open to public patronage where facilities are available for roller skating, wherein the public may participate, and at which admission may City Council Meeting of May 6, 2013 (Item No. 4b) Page 7 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 be had by the public by payment, directly or indirectly, of any admission fee or price, including a fee for membership in a club, the price of food, or payment for any other form of amusement offered in or from licensed premises. Safety manual means the current edition of the Temporary Traffic Control Zone Layouts Field Manual being part of the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Sauna means any public facility used for the purpose of bathing, reducing or relaxing, utilizing steam or heat as a cleaning, reducing or relaxing agent. Self-service merchandising means open displays of tobacco, tobacco products, or tobacco related devices where any person shall have access to the product without the assistance or intervention of an employee of the premises maintaining the merchandising. Self-service merchandising shall not include vending machines. Sexually-oriented business means any limited impact sexually-oriented business or any high impact sexually-oriented business. Sexually-oriented materials means visual, printed or aural materials and other objects or devices which: (1) Contain, depict or describe specified sexual activities or specified anatomical areas; (2) Are marked for use in conjunction with, or are primarily used only with or during the specified sexual activities described in subsections (2), (3) or (6) of the definition of Specialized sexual activities or as part of the binding, fettering, or other physical restraint described in subsection (5) of the definition. Solicitor means any person who goes from house to house, business to business, or any kind of place to place movement for the purpose of soliciting or taking or attempting to take orders for the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of maintenance or repair services in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. It also means any person, except for a city resident canvassing his or her neighborhood, who canvasses, solicits or calls from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or organization. (Ord. No. 2381-10, 4-30-10) Solid waste means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders and rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended. City Council Meeting of May 6, 2013 (Item No. 4b) Page 8 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 Solid waste collector means any person who shall offer to, or engage in the collection of solid waste from any public or private institution, commercial establishment, or residential dwelling located within the city. Specified anatomical areas means: (1) Less than completely and opaquely covered human genitals, pubic area, buttock, anus or female breast below a point immediately above the top of the areola; and (2) Human male genitals in a state of sexual arousal, whether or not completely or opaquely covered. Specified sexual activities means: (1) Actual or simulated sexual intercourse of any kind involving two humans, or one human and an animal or object; (2) Actual or simulated masturbation; (3) Actual or simulated sadism or masochism; (4) Actual or simulated sexual stimulation of any kind; (5) Situations involving a person who is nude, clad in undergarments, or in a revealing costume, and who is engaged in activities involving binding, fettering or other physical restraint of that or another person; and (6) Sexually-oriented touching of an animal by a human. Special purpose pool means a pool intended to accommodate a use other than normal swimming, diving, or wading. The term "special purpose pool" includes, but is not limited to, spa pools, pools used for water therapy, dedicated plunge pools, flume water slides and wave pools. Tanning equipment means ultraviolet or other lamps and equipment containing these lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation. Tanning facility means a location, place, area, structure, or business or a part thereof which provides consumers access to tanning equipment. The term "tanning facility" includes, but is not limited to, tanning, salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment. Temporary outdoor retail sales means the outdoor sale of goods or merchandise to the general public for personal or household consumption at a single location for less than 180 days, excluding residential garage/yard sales. Tobacco and tobacco products mean any substance or item containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco or chewing tobacco and other forms of tobacco leaf prepared in such a manner as to be suitable for chewing, sniffing, or smoking. Tobacco related devices means any tobacco product as well as any pipe, rolling papers, or other devices used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. City Council Meeting of May 6, 2013 (Item No. 4b) Page 9 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 Tobacco vending machine means any type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine. Transient merchant means any person who engages in, does, or transacts any temporary and transient business in this state, either in one locality, or in traveling from place to place in this state, selling goods, wares and merchandise; and who, for the purpose of carrying on such business, hires, leases, occupies, or uses a building, structure, vacant lot, or railroad car for the exhibition and sale of such goods, wares and merchandise. The term "transient merchant" does not include a seller or exhibitor in a firearms collector show involving two or more sellers or exhibitors. Ultraviolet radiation means electromagnetic radiation with wavelengths in air between 200 nanometers and 4oo nanometers. Wading pools means any pool used or designed to be used exclusively for wading or bathing and having a maximum depth of 24 inches. (Ord. No. 2181-00, § 4(16-102), 11-6-2000; Ord. No. 2198-01, § 1, 5-21-2001; Ord. No. 2381- 10, 4-30-2010; 2396-10, 3-1-2011) Cross reference(s)--Definitions generally, § 1-2. Secs. 8-2--8-30. Reserved. Section 2. Section 8-231 of the St. Louis Park Code of Ordinances is amended to ready by adding the underlined and deleting the strikethrough language: Subdivision III. Environmental Emissions Sec. 8-231. License required. No person shall own, operate or maintain any of the following equipment or perform any of the following processes, which discharges a smoke, particulate, chemical or odor into the atmosphere, without first obtaining an environmental emissions license from the city: (1) Paint spray booths; (2) Drycleaning; (3) Smelters; (4) Dip tanks; or (5) Material processing and manufacturing operations. (Ord. No. 2181-00, § 4(16-303A.), 11-6-2000) Sec. 8-232. Regulations adopted. All environmental emissions licensees shall comply with environmental emissions standards as set forth in section 12-1 of this Code. (Ord. No. 2181-00, § 4(16-303B.), 11-6-2000) City Council Meeting of May 6, 2013 (Item No. 4b) Page 10 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 Sec. 8-233. Inspections. The city shall inspect potential air pollution control equipment as frequently as may be necessary to ensure compliance with this subdivision, whether such equipment is licensed or not. (Ord. No. 2181-00, § 4(16-303C.), 11-6-2000) Sec. 8-234. Access to premises and records. The person in charge of operating air pollution control equipment on the licensed premises, or allowing or causing the emission of air contaminants shall, upon request of the city's health authority city, permit access to all parts of the area, at any reasonable time, for the purpose of inspection of such equipment, and shall exhibit and allow copying of any records relating to air pollution control which are necessary to determine compliance with this subdivision. If access to such areas or records shall be denied, the health authority city shall obtain a search warrant before continuing such inspection. (Ord. No. 2181-00, § 4(16-303D.), 11-6-2000) Sec. 8-235. Removal and correction of violations. (a) All environmental emissions licensees receiving a report from the city notifying the licensee of one or more violations of this subdivision shall correct or remove each such violation within the length of time set by the city's health authority city. The length of time for the correction or removal of each such violation shall be stated on the inspection report. The failure to remove or correct each such violation within the time period noted on the inspection report shall constitute a separate violation of this subdivision. (b) The city's health authority city may require installation of auxiliary combustion facilities in order to meet the requirements of this subdivision relating to emission of air contaminants. (c) If the environmental emissions licensee fails to make corrections of violations noted in the health authority's city’s inspection report within the time specified in the inspection report, the city's health authority city may prevent further operation of any equipment required to be licensed under this subdivision by affixing a seal to such equipment. No person shall operate equipment sealed by the city's health authority city, and no person shall remove such seal from any equipment, except under the direction of the city's health authority city. (Ord. No. 2181-00, § 4(16-303E.), 11-6-2000) Sec. 8-236. Temporary suspension of license. The city's health authority city, with the approval of the city manager, may immediately suspend the environmental emissions license of any person for the violation of any terms of this subdivision involving an immediate and serious public health hazard. Upon notification by the health authority city of a temporary suspension of an environmental emissions license by posting of the inspection report at the licensed facility, the licensee shall immediately cease operation of the licensed facility. The licensee may appeal from the order of temporary suspension in writing to the city council as provided under this chapter. On the date of suspension of the environmental emissions license, the city's health authority city shall send by certified mail to the licensee City Council Meeting of May 6, 2013 (Item No. 4b) Page 11 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 named in the environmental emissions license a notice that such license has been temporarily suspended and shall advise the licensee of his right to appeal. (Ord. No. 2181-00, § 4(16-303F.), 11-6-2000) Sec. 8-237. Interference with or hindrance of city's health authority city. No person shall interfere with or hinder the city's health authority city in the performance of the city health authority's city’s duties under this subdivision or the laws of the state, nor prevent the performance of the health authority's duties. (Ord. No. 2181-00, § 4(16-303G.), 11-6-2000) Secs. 8-238--8-255. Reserved. Section 3. Section 8, Subdivision IV of the St. Louis Park Code of Ordinances is amended to read by deleting the strikethrough language: Subdivision IV. Food and Beverage Establishments Sec. 8-256. License required. (a) It shall be unlawful for any person to operate a food or beverage establishment, mobile food vehicle or food vending machine without obtaining a license from the city. (b) One license may be issued to a single applicant for multiple food establishments within a single building or establishment when the owner of all food establishments is the same or multiple mobile food vehicles. (c) Each food vending machine must have a valid city-issued license decal affixed in a visible location. (Ord. No. 2181-00, § 4(16-304A.), 11-6-2000; Ord. No. 2198-01, § 2, 5-21-2001; Ord. No. 2381, 04-30-2010) Sec. 8-257. Classification of food and beverage establishments and food vending machines. The city will classify each food and beverage establishment, mobile food vehicle, and food vending machine based on the use occurring, in accordance with the food code, into one of the following categories before a license is issued: (1) Class H plus--Multiple use license permitting three or more uses of any risk class to operate. (2) Class H--High risk use license permitting up to two high risk uses or a single high risk use with a single low or medium risk use. (3) Class M--Medium risk use license permitting a single medium risk use. (4) Class L--Low risk use license permitting a single low risk use. (5) Class V--Food vending machines. City Council Meeting of May 6, 2013 (Item No. 4b) Page 12 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 (6) Class S--Seasonal concession with low or medium risk. (7) Class E--Multi-site educational facilities -- Educational facility with multiple locations within the city. (8) Mobile Food Vehicle -- Each vehicle used to transport food from a licensed food facility must have a valid city issued decal. Exception – A mobile food vehicle license shall not be required for any mobile food vehicle operated by a food and beverage establishment licensed by the City or that has a valid state issued commissary or catering food license. (Ord. No. 2181-00, § 4 (16-304B.), 11-6-2000; Ord. No. 2198-01, § 2, 5-21-2001 Ord. No. 2332- 07, 07-13-2007; Ord. No. 2361-08, 1-1-2009; Ord. No. 2381-10, 04-30-2010) Sec. 8-258. Regulations and standards. All food and beverage establishments, and food vending machines licensed under this subdivision shall comply with the city's food code as set forth in section 12-1 of this Code. (Ord. No. 2181-00, § 4(16-304C.), 11-6-2000; Ord. No. 2198-01, § 2, 5-21-2001) (a) All food and beverage establishments, mobile food vehicle, and food vending machines licensed under this subdivision shall comply with the city’s food code as set forth in section 12-1 of this Code. (Ord. No. 2181-00, § 4(16-304C.), 11-6-2000; Ord. No. 2198-01, § 2, 5-21-2001; Ord. No. 2246- 03, 8-18-03; Ord. No. 2346-07, 12-28-07; Ord. No. 2381-10, 04-30-2010 ) Secs. 8-259--8-275. Reserved. Section 4. Section 8, Subdivision V of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language deleting the strikethrough language: Subdivision V. Public Sanitary Facilities Tanning Facilities Sec. 8-276. License required. (a) No person shall own, operate, maintain, lease or be responsible for any public sanitary tanning facility without a public sanitary tanning facility license issued by the city. No license is required for private residential swimming pools. (b) One public sanitary facility license may be issued to a single applicant for multiple public sanitary facilities which are regulated under this subdivision which are located within a single building or single tract of land when the owner of all of the facilities is the same. (Ord. No. 2181-00, § 4(16-305A.), 11-6-2000) Sec. 8-277. Classification of public sanitary facilities. The city will classify each public sanitary facility based on one of the following categories: (1) Class I--A pool plus two or more additional public sanitary facilities. City Council Meeting of May 6, 2013 (Item No. 4b) Page 13 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 (2) Class II--A pool and up to one additional public sanitary facility. (3) Class III--Any one of the following or similar public sanitary facilities: a. Sauna, dry or steam; b. Tanning beds; c. Public bathing and showers. (Ord. No. 2181-00, § 4(16-305B.), 11-6-2000) Sec. 8-278. Public swimming pools. All public swimming pools licensed under this subdivision shall comply with the public swimming pool rules adopted in section 12-1 of this Code. (Ord. No. 2181-00, § 4(16-305C.), 11-6-2000) Sec. 8-279. Tanning facilities. Licensees under this subdivision operating tanning facilities must comply with health, safety and building regulations of the city and the requirements set forth in M.S.A. §§ 325H.01--325H.09. (Ord. No. 2181-00, § 4(16-305D.), 11-6-2000) Secs. 8-280--8-295. Reserved. Section 5. Section 8, Subdivision VII of the St. Louis Park Code of Ordinances is amended to read by deleting the strikethrough language: Subdivision VII. Lodging Sec. 8-316. License required. Any person operating a hotel, lodginghouse or boardinghouse within the city must obtain a license for such operation from the city. (Ord. No. 2181-00, § 4(16-308A.), 11-6-2000) Sec. 8-317. Regulations adopted. All lodging hotels, lodginghouses and boardinghouses licensed under this subdivision shall comply with the lodging establishment rules adopted in section 12-1 of this Code. (Ord. No. 2181-00, § 4(16-308B.), 11-6-2000) Secs. 8-318--8-325. Reserved. City Council Meeting of May 6, 2013 (Item No. 4b) Page 14 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 Section 6. Section 8, Division 4. Temporary Uses, Subdivision II of the St. Louis Park Code of Ordinances is amended to read by deleting the strikethrough language: Subdivision II. Food Service Sec. 8-511. Permit required. (a) No person shall operate a food stand or mobile food service without obtaining a permit from the city. (b) A temporary food service permit may authorize temporary food service on multiple days, consecutively, for multiple occasions. The multiple occasions must be at the same location with identical setup and service as approved. (Ord. No. 2181-00, § 4(16-402A.), 11-6-2000; Ord. No. 2198-01, § 3, 5-21-2001) Sec. 8-512. Application. (a) The application for a temporary food service permit must be submitted a minimum of seven business days before the scheduled event, and the applicant must provide all information required by the health authority. (b) The temporary food service permit application must identify all dates and locations at which temporary food service shall be conducted. (Ord. No. 2181-00, § 4(16-402B.), 11-6-2000; Ord. No. 2198-01, § 3, 5-21-2001) Sec. 8-513. Inspection. Prior to issuance of a temporary food service permit, and following each setup and removal of the food service to be provided under the permit, an applicant for a temporary food service permit must be inspected by the city's health authority for compliance with the city's food code. (Ord. No. 2181-00, § 4(16-402C.), 11-6-2000; Ord. No. 2198-01, § 3, 5-21-2001) Sec. 8-514. Fees. Temporary food service permit fees shall be based on single or multiple setup, and shall be set from time to time by the city and a schedule of such fees are listed in appendix A to this Code. (Ord. No. 2181-00, § 4(16-402D.), 11-6-2000; Ord. No. 2198-01, § 3, 5-21-2001) Secs. 8-515--8-530. Reserved. Section 7. Section 12, Article I. of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language deleting the strikethrough language: City Council Meeting of May 6, 2013 (Item No. 4b) Page 15 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 Chapter 12 ENVIRONMENT AND PUBLIC HEALTH* Article I. In General Sec. 12-1. Environmental and public health regulations adopted by reference. Definitions. Sec. 12-2. Environmental and public health regulations adopted by reference. Sec. 12-3 Private residential pools. Secs. 12-34--12-30. Reserved. Sec.12-1. Environmental and public health regulations adopted by reference. Definition Private residential pool means a pool connected with a single-family residence or owner- occupied duplex, located on private property under the control of the homeowner, the use of which is limited to family members or the family's invited guests. A private residential pool is not a pool used as part of a business. Sec. 12-2. Private residential pools Environmental and public health regulations adopted by reference. (a) Air quality environmental emissions. The city adopts and incorporates by reference the air emissions standards adopted by the air quality division of the state pollution control agency as Minnesota Rules Chapters 7011 and 7023, as amended. A copy of the regulations, together with any applicable amendments, shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection and use by the public. (b) Food code. The city adopts and incorporates by reference the food code adopted by the state department of health and set forth in Minnesota Statutes Chapters 157 and 327 and Minnesota Rules Chapter 4626 for Food, Beverage, Lodging and Food Manager Certification, as amended. A copy of the regulations, together with any applicable amendments, shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection by the public. (1) Permit required. A permit is required for installation of food and beverage equipment regulated within the food code. The applicant shall complete an application and submit detailed plans and specifications of proposed equipment for review by the city. (2) Fees. Permit fees shall be according to the official city fee schedule, set forth in appendix A, as approved and revised by the city council resolution. Fees must be paid prior to a permit being issued. (3) Permit term. Permits will expire if the work is not completed and approved within 180 days of issuance. (4) Grease traps. Each food establishment with potential for grease to enter building plumbing and city sanitary sewer systems must install and maintain grease trap(s) in accordance with Minnesota Plumbing Code. City Council Meeting of May 6, 2013 (Item No. 4b) Page 16 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 (c) Public swimming pools. The city adopts and incorporates by reference the rules establishing operation and maintenance, design, installation and construction standards for public pools and facilities related to them adopted by the state department of health as Minnesota Statutes Section 144.1222 and Minnesota Rules Chapter 4717.0150 to 4717.3970, as amended. A copy of the regulations, together with any applicable amendments, shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection by the public. (1) Permit required. A permit is required for installation of swimming pools, hot tubs and spas. The applicant shall complete an application and submit detailed plans and specifications of the proposed pool and related equipment for review by the city. (2) Fees. Permit fees shall be according to the official city fee schedule, set forth in appendix A, as approved and revised by city council resolution. Fees must be paid prior to a permit being issued. (3) Permit term. Permits will expire if the work is not completed and approved within 180 days of issuance. (d) Lodging establishments. The city adopts and incorporates by reference the rules regulating lodging establishments adopted by the state department of health as Minnesota Rules 4625.0100 to 4625.2300, as amended. One copy of the regulations shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection by the public. (Ord. No. 2179-00, §§ 1(11.1200--11.1203), 11-6-2000; Ord. No. 2381-10, 04-30-2010) Sec. 12-2 3. Private residential pools. (a) Scope. The requirements of this section shall apply to all private residential swimming pools, wading pools, hot tubs, or spas having a potential water depth greater than 24 inches at any point, and either a surface area exceeding 250 square feet or a potential water volume of over 3,250 gallons. (b) Permit required. No person may install, construct, move, or alter a private residential swimming pool, wading pool, hot tub, or spa without first obtaining a permit. (c) Fees. The applicant for a pool permit must pay the appropriate fee for the type of pool installation or construction requested. Such fee shall be set from time to time by the city and a schedule of such fees is listed in appendix A to this Code. (d) Requirements. (1) All new equipment purchased or installed on any swimming pool shall comply with the National Sanitation Foundation Listings for Swimming Pools, Spas, and Hot Tubs, when applicable. Equipment not covered by the standard must be preapproved by the city. (2) Pool use is limited to swimming or bathing by the family or their invited guests. City Council Meeting of May 6, 2013 (Item No. 4b) Page 17 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 (3) Fencing a minimum of four feet high from grade or other acceptable barrier, including but not limited to walls or buildings, providing equivalent restriction of access shall be provided to positively control all access to private swimming pools. Fencing shall be without handholds or footholds that would enable a child to climb over it and shall include gates at least four feet in height equipped with self-closing and self-latching apparatus capable of being locked. Openings in the gates or fence shall not allow a four-inch sphere to pass through. Maximum openings under gate and fences shall not exceed two inches. (4) Water depth shall be plainly marked at or above the water surface on the vertical pool wall or on the edge of the deck or walk next to inground pools. Depth markings shall be located at the minimum and maximum points, at the points of change of slope between the deep and shallow portions of the pool, and at intermediate increments of depth spaced not more than 25 feet between markers. (5) Decking at least three feet wide, measured from the pool water's edge, shall be provided and shall extend completely around inground pools. Aboveground pools may be provided with decking a minimum of four feet by four feet at the pool entry points provided the decking complies with the building code. A self-closing and self-latching gate shall be installed at the top or bottom of the stairs. Openings in the gate or fence shall not allow a four-inch sphere to pass through. Maximum openings under gates and fences shall not exceed two inches. (6) All residential private pools with a depth greater than five feet shall be provided with an outlet at the deepest point to permit the pool to be completely emptied and to provide adequate circulation. The outlet opening shall be covered by grating which is securely fastened and not readily removable by bathers. Outlet openings in the floor of the pool shall be at least four times the area of the discharge pipe or provide sufficient area so the maximum velocity of water passing through the grate will not exceed 1 1/2 feet per second. The maximum width of the grate openings shall be one-half inch. An antivortex type drain may be used in lieu of grating. (7) No person shall operate, maintain, or permit any swimming pool that creates a nuisance by annoying, injuring, or endangering the safety, health, comfort or repose of the public. The city shall have access to inspect all pools and equipment as deemed necessary to enforce the provisions of this Code. When a private swimming pool is deemed to be in such condition that endangers the health, safety or welfare of the public, the health authority may immediately close the pool and post a placard stating the closure. No one may remove the placard except the health authority. Secs. 12-3 4--12-30. Reserved. SECTION 9. This Ordinance shall take effect May 31, 2013. First Reading April 15, 2013 Second Reading May 6, 2013 Date of Publication May 16, 2013 Date Ordinance takes effect May 31, 2013 City Council Meeting of May 6, 2013 (Item No. 4b) Page 18 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 Reviewed for Administration Adopted by the City Council May 6, 2013 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of May 6, 2013 (Item No. 4b) Page 19 Title: Second Reading Amending City Code Chapter 8, Subdivisions IV, V & VII and Chapter 12, Article 1 SUMMARY ORDINANCE NO. _____ -13 AN ORDINANCE AMEDNING THE ST. LOUIS PARK CODE OF ORDINANCES CHAPTERS 8, SUBDIVISIONS IV, V, AND VII; AND CHAPTER 12, ARTICLE 1. The ordinance amends the St. Louis Park Code of Ordinances relating to food and beverage establishments, lodging establishments, public sanitary facilities, and environmental and public health. This ordinance shall take effect 15 days after publication. Adopted by the City Council May 6, 2013 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk Published in St. Louis Park Sailor: May 16, 2013 Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Monetary Donation from Paul Weinreis through USTA for a Total Amount of $600 RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a monetary donation from Paul Weinreis through the United States Tennis Association (“USTA”) in the amount of $600 to purchase equipment for the City’s youth tennis program. POLICY CONSIDERATION: Does the City Council wish to accept the gift with restrictions on its use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. St. Louis Park resident, Paul Weinreis passed away and designated $300 to USTA with the direction to allocate the funds to the cities’ youth tennis program to purchase equipment. Mr. Weinreis was a St. Louis Park resident and was very passionate about introducing the game of tennis to youth in the community. USTA matched his donation and submitted a total donation in the amount of $600 to be designated for equipment purchased for the youth tennis program. FINANCIAL OR BUDGET CONSIDERATION: This donation will be used to purchase equipment for the youth tennis program. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Stacy M. Voelker, Administrative Secretary Lisa Abernathy, Recreation Coordinator Reviewed by: Cindy Walsh, Director of Parks & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of May 6, 2013 (Item No. 4c) Page 2 Title: Monetary Donation from Paul Weinreis through USTA for a Total Amount of $600 RESOLUTION NO. 13-____ RESOLUTION APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $600 TO BE USED TO PURCHASE EQUIPMENT FOR THE YOUTH TENNIS PROGRAM WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, Paul Weinreis and USTA donated $600 for the youth tennis program; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to Paul Weinreis and USTA with the understanding that it must be used to purchase equipment for the youth tennis program. Reviewed for Administration Adopted by the City Council May 6, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Acceptance of Donation for Purchase of Memorial Bench in Memory of Sandra Kay Wayne RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a $2,200 donation from Walt Wayne for the purchase and installation of a memorial bench at the Westwood Hills Nature Center in memory of Sandra Kay Wayne. POLICY CONSIDERATION: Does the City Council wish to accept the gift with restrictions on its use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Walt Wayne is graciously donating an amount of $2,200 to honor Sandra Kay Wayne. The donation is given with the restriction that it be used to purchase and install a bench in Westwood Hills Nature Center. FINANCIAL OR BUDGET CONSIDERATION: This donation will be used to purchase and install a memorial bench at Westwood Hills Nature Center. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Stacy M. Voelker, Administrative Secretary Rick Beane, Park Superintendent Reviewed by: Cindy Walsh, Director of Parks & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of May 6, 2013 (Item No. 4d) Page 2 Title: Acceptance of Donation for Purchase of Memorial Bench in Memory of Sandra Kay Wayne RESOLUTION NO. 13-____ RESOLUTION APPROVING ACCEPTANCE OF DONATION IN MEMORY OF SANDRA KAY WAYNE IN THE AMOUNT OF $2,200 FOR THE PURCHASE AND INSTALLATION OF A MEMORIAL BENCH AT WESTWOOD HILLS NATURE CENTER WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, Walt Wayne desires to purchase a memorial bench for Sandra Kay Wayne to be installed at Westwood Hills Nature Center with a donation of $2,200; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to Walt Wayne with the understanding that it must be used to purchase and install a memorial bench for Sandra Kay Wayne at Westwood Hills Nature Center. Reviewed for Administration Adopted by the City Council May 6, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: Final Payment Resolution - Contract 56-11 - St. Paul Linoleum & Carpet - Projects 2008- 3001 & 3002 RECOMMENDED ACTION: Motion to Adopt Resolution authorizing final payment in the amount of $4,226.50 and accepting work for Fire Stations No. 1 and No. 2 Work Scope 16 (Carpet and Resilient Flooring) for Project Nos. 2008-3001 and 2008-3002, City Contract No. 56-11. POLICY CONSIDERATION: None. SUMMARY: Bids were received on March 31, 2011 for Two New Fire Stations – Project Nos. 2008-3001 and 2008-3002. The projects included construction of Fire Station No. 1 at 3750 Wooddale Avenue and Fire Station No. 2 at 2262 Louisiana Avenue. The City used an agency construction manager (CM) delivery method for both fire stations, rather than a general contractor (GM). With this approach, the City is the owner and general contractor for the project. The construction manager acts as the city’s advisor and representative throughout planning, design and construction of the stations. There are 31 different contracts related to the construction of the two stations. City Council awarded the contract for Work Scope 16 (Carpet and Resilient Flooring) for Fire Stations No. 1 and No. 2 to St. Paul Linoleum and Carpet Co. on April 11, 2011, in the amount of $79,995.00. The contractor completed this work within the contract time allowed at a final contract cost of $84,530.00. The additional costs related to owner directed changes to work scope and floor finishes. FINANCIAL OR BUDGET CONSIDERATION: The Fire Stations Project was programmed in the Capital Improvement Program for construction in 2011/12 at a total projected cost of $15,500,000. The final project costs are expected to be approximately $15,100,000. $12.5 million of this project cost will be paid from bond proceeds issued in December 2010. The remaining portion will be paid from the Fire portion of the Police and Fire Pension Fund. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Sean Walther, Senior Planner Reviewed by: Luke Stemmer, Fire Chief Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of May 6, 2013 (Item No. 4e) Page 2 Title: Final Payment Resolution - Contract 56-11 - St. Paul Linoleum & Carpet - Projs 2008-3001 & 3002 RESOLUTION NO. 13 -____ RESOLUTION AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $4,226.50 AND ACCEPTING THE WORK FOR THE CARPET AND RESILIENT FLOORING FOR FIRE STATIONS NO. 1 AND NO. 2 WITH ST. PAUL LINOLEUM AND CARPET CO. CITY PROJECT NO. 2008-3001 & 2008-3002 CONTRACT NO. 56-11 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated April 12, 2011, St. Paul Linoleum and Carpet Co. satisfactorily completed Work Scope 16 (Carpet and Resilient Flooring) for Fire Stations No. 1 and No. 2, as per Contract No. 56-11. 2. The Construction Manager Kraus-Anderson Construction Company recommends 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 $79,995.00 Change Order #1 $4,535.00 Final Contract Amount $84,530.00 Previous Payments ($80,303.50) Balance Due $4,226.50 Reviewed for Administration: Adopted by the City Council May 6, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4f EXECUTIVE SUMMARY TITLE: Temporary On-Sale Intoxicating Liquor License for St. Louis Park Sunrise Rotary RECOMMENDED ACTION: Motion to approve a temporary on-sale intoxicating liquor license for the St. Louis Park Sunrise Rotary, P.O. Box 16678, St. Louis Park, for an event to be held on May 16, 2013 at the Excelsior & Grand Apartment Club Room, located at 3820 Grand Way in St. Louis Park. POLICY CONSIDERATION: Does Council wish to approve a temporary on-sale intoxicating liquor license for the St. Louis Park Sunrise Rotary for their event to be held on May 16, 2013? SUMMARY: The St. Louis Park Sunrise Rotary has made an application for a temporary on- sale intoxicating liquor license for their upcoming Wine Tasting Fundraiser. City Ordinance 3- 57(8) allows temporary liquor licenses 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. MN Statutes 340A.418 allows the conduct of wine tasting for no more than 4 hours. The Wine Tasting Event will be held from 5:30 pm – 8:00 pm. The St. Louis Park Sunrise Rotary was founded in 1985 and the organization focuses on several areas of service including community service, international service, club service, and vocational service that directly impact residents and/or serve the needs of youth in St. Louis Park. 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: May 6, 2013 Consent Agenda Item: 4g EXECUTIVE SUMMARY TITLE: Final Payment Resolution - Contract No. 137-12 w/ Hardrives, Inc. - Project No. 2014-1102 RECOMMENDED ACTION: Motion to Adopt Resolution accepting work and authorizing final payment in the amount of $14,225.33 for the 2012 Beltline Boulevard mill and overlay project with Hardrives, Inc. – Project No. 2014-1102, Contract No. 137-12. POLICY CONSIDERATION: Does the Council wish to approve this final contract payment? SUMMARY: On October 17, 2012, the City Manager awarded a contract in the amount of $98,986.32 to Hardrives, Inc. for the Beltline Boulevard Project – Project 2014-1102. The project included asphalt pavement mill and overlay work on Beltline Boulevard from W. 36th Street north to the Railroad Crossing. The Contractor completed the work within the contract time allowed at a final contract cost of $108,262.33. Council approved one change order on December 17, 2012 in the amount of $9,276.01. Approval of a Final Payment Resolution by Council is required for reimbursement of project costs through MnDOT State Aid. FINANCIAL OR BUDGET CONSIDERATION: Final Contract Cost The cost of the work performed by the Contractor under Contract No. 137-12 has been calculated as follows: Original Contract $ 98,986.32 Change Order No. 1 9,276.01 Total $108,262.33 Funding Sources This project, originally programmed in the Capital Improvement Plan (C.I.P.) for 2014 construction, was accelerated to 2012 construction due to excessive pavement deterioration during the spring of 2012. This project is being funded by State Aid funds raised through the gas tax. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jim Olson, Sr. Engineering Project Manager Reviewed by: Michael P. Rardin, Director of Engineering Scott Brink, City Engineer Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of May 6, 2013 (Item No. 4g) Page 2 Title: Final Payment Resolution - Contract No. 137-12 w/ Hardrives, Inc. - Project No. 2014-1102 RESOLUTION NO. 13-___ RESOLUTION ACCEPTING WORK ON THE BELTLINE BOULEVARD MILL AND OVERLAY PROJECT CITY PROJECT NO. 2014-1102 CONTRACT NO. 137-12 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated October 17, 2012, Hardrives, Inc. has satisfactorily completed the mill and overlay work on Beltline Boulevard per Contract No. 137-12. 2. The Director of Engineering 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 this contract, taking the contractor's receipt in full. Original Contract Price $ 98,986.32 Change Order No. 1 9,276.01 Contract Amount $108,262.33 Previous Payments $ 94,037.00 Balance Due $ 14,225.33 Reviewed for Administration: Adopted by the City Council May 6, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: 2013/2014 Neighborhood Grants RECOMMENDED ACTION: Motion to approve the 2013/2014 Neighborhood Grants. POLICY CONSIDERATION: Does Council wish to approve the recommended allocation of neighborhood grants for 2013/2014? SUMMARY: Each year grant funding is made available to neighborhood associations to promote strong neighborhoods and enhance community connections by bringing neighbors together. Grant applications from 24 neighborhoods were received in April. On April 15th Marney Olson facilitated the grant review process with Grant Review Committee Members Erica Bagstad (Pennsylvania Park), Gregg Lindberg (Texa Tonka) and Brian Johnson (Minikahda Oaks). The Grant Review Committee met to review the grant applications and make funding recommendations to the City Council. Attached is a worksheet that provides specific detail on the recommendations made by the Grant Review Committee. FINANCIAL OR BUDGET CONSIDERATION: The Grant Review Committee recommends approval of $31,000 to fund the following 24 neighborhood grants ($31,000 budgeted): $1300 Aquila $1800 Birchwood $1800 Blackstone $1420 Bronx Park $810 Brooklawns $800 Brookside $1800 Browndale $980 Cobblecrest $965 Creekside $615 Crestview $1400 Eliot View $1675 Elmwood $1375 Fern Hill $1400 Kilmer Pond $1050 Lake Forest $1400 Lenox $1600 Minikahda Oaks $1225 Minikahda Vista $1375 Minnehaha $50 Oak Hill $1630 Sorensen $1030 South Oak Hill $1700 Triangle $1800 Westwood Hills Fifteen neighborhoods applied for the Environmental Grant totaling $1,395 ($2,000 budgeted). Transfers from the neighborhood grant to the environmental grant component were made where appropriate (see attached worksheet). As a result the Grant Review Committee recommends approval of $1,980 to fund the environmental grants for twenty neighborhoods. The Grant Review Committee recommends approval of $4,390 to fund insurance purchases for twelve neighborhoods ($15,000 budgeted). VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Neighborhood Grant Worksheet Prepared by: Marney Olson, Housing Programs Coordinator Reviewed by: John Luse, Chief of Police Approved by: Tom Harmening, City Manager City Council Meeting of May 6, 2013 (Item No. 4h) Page 2 Title: 2013/2014 Neighborhood Grants DISCUSSION BACKGROUND: Each year grant funding is made available to neighborhood associations to promote strong neighborhoods and enhance community connections by bringing neighbors together. The City Council appropriated $31,000 in grant funds for the 2013/14 neighborhood grant program, $2,000 for environmental initiatives, and $15,000 for insurance. Organized St. Louis Park neighborhood associations may apply for up to $2,000 annually to support activities, operations and community building activities and up to $100 for environmental related activities. Neighborhood Associations are responsible for providing insurance when planning neighborhood events in parks that bring outside equipment into the park such as, but not limited to, moonwalks, petting zoos, etc. Neighborhood associations can apply for a maximum of $500 in addition to the standard grant to assist with purchasing insurance. Grant applications from 24 neighborhoods were received in April. The total grant request for 2013/2014 was $36,205. Twelve of these neighborhoods also applied for additional insurance reimbursements and fifteen neighborhoods applied for the environmental funding. The Grant Review Committee that met April 15th evaluated each grant application and made funding recommendations to meet the $31,000 budget for the neighborhood grants. Grant applications came in $5,205 over budget so the committee was forced to make reductions to most neighborhoods. For 2013/2014 the committee chose not to fund garage sales since this is a revenue generating activity for participants. Additional cuts were necessary including reducing money spent on prizes or drawings, reducing the maximum grant awarded in 2013/2014 to $1800 and other reductions as outlined in the attached worksheet. The committee made up of three residents did a great job evaluating each grant against the grant guidelines and making cuts to stay within budget and meet the goal of the grants which is to support neighborhoods and enhance community connections by bringing neighbors together. City Council Meeting of May 6, 2013 (Item No. 4h) Page 3 Title: 2013/2014 Neighborhood Grants 2013/2014 Neighborhood Grant Worksheet The 2013/14 grant period begins May 1, 2013 and ends April 30, 2014. Requested Amount Recommended Amount $1,450 Aquila $1,300 $700 Picnic/Annual Meeting Cut $50 from Picnic/Annual Meeting for Prizes. No funding for garage sales. $500 Postage/Newsletter $150 End of Summer/Back to School $100 Garage Sale $50 Insurance Request $50 $2,000 Birchwood $1,800 $550 Summer Party $1800 grant cap this year $400 Newsletter $700 Winter Party $350 New Signage $500 Insurance Request $500 Sandwich Boards/Signs $100 $1,945 Blackstone $1,800 $270 Porta Potty $1800 grant cap this year $160 Blackstone Park Lawn & Trees $190 2012 Kick Off Party $170 Summer Gathering $75 Ice Cream Float Social $445 National Night Out $215 Pizza Night $260 Election/Winter Gathering $160 Operating Support $90 Insurance Request $90 $100 Flowers for Blackstone Park $100 City Council Meeting of May 6, 2013 (Item No. 4h) Page 4 Title: 2013/2014 Neighborhood Grants Requested Amount Recommended Amount $1,630 Bronx Park $1,420 $750 Annual Neighborhood Picnic Cut $60 for prizes,no garage sale funding this year. $150 Garage Sale $160 General Meeting Expenses $200 Neighborhood Newsletter $370 Children & Family Social Activities $200 Insurance Request $200 $910 Brooklawns $810 $300 Kid's Halloween Party Move Planter Swap to Environmental Grant $200 Little Free Library $100 Fall Garden Planter Swap $50 Egg Hunt $260 National Night Out $0 Fall Garden Planter Swap $100 $900 Brookside $800 $500 National Night Out Move $100 of Porta Potty to Environment $250 Annual Meeting $150 Porta Potty at Jackley (shared with Creekside) $150 Insurance Request $150 $0 Porta Potty at Jackley (shared w/ Creekside) $100 $2,000 Browndale $1,800 $400 Newsletter $1800 grant cap this year $600 Fall Bonfire & Bluegrass $500 Family Camp Outs $100 Winterfest $150 Spring Egg Hunt $125 Earth Day Children's Event $125 July 4th Kiddie Parade $500 Insurance Request $500 $100 Earth Day Clean Up $100 City Council Meeting of May 6, 2013 (Item No. 4h) Page 5 Title: 2013/2014 Neighborhood Grants Requested Amount Recommended Amount $980 Cobblecrest $980 $800 Hayride $180 National Night Out $400 Insurance Request $400 $1,015 Creekside $965 $15 Plant Exchange Cut funding for NNO because it is individual blocks, not neighborhood wide. $50 Neighborhood Flower Urn $600 Block party $150 Porta Potty at Jackley (shared with Brookside) $40 Administrative Costs and Annual Meeting $40 Winter Activity $70 Creek Clean Up $50 National Night Out $100 Buckthorn Cleanup $100 $500 Insurance Request $500 $695 Crestview $615 $200 Crestview Picnic Move $80 to environment for reusable tent $120 Little Free Library $375 Tent for Picnic/Rental $20 Crestview Planter Flowers $100 $500 Insurance Request $500 $2,150 Eliot View $1,400 $650 Annual Picnic & Election Reduce $200 for Garden Party (suggest use of SLP Staff Speaker). Cut $200 Mkda Vista Rental, Cut $100 website, Cut $250 for prizes across multiple activities $400 Garden Party w/ Ice Cream Social $550 Night at the Movies $450 Youth Activity/Fitness $100 Website Development $100 Garden Party $100 City Council Meeting of May 6, 2013 (Item No. 4h) Page 6 Title: 2013/2014 Neighborhood Grants Requested Amount Recommended Amount $1,875 Elmwood $1,675 $175 Garage Sale Cut Garage Sale and $25 child care $700 Summer Picnic $450 Kids Halloween and Pumpkin Carving Party $50 Child Care at Meetings $500 Year Round Porta Potty at Central Park $100 Porta Potty Rental $100 $1,975 Fern Hill $1,375 $390 End of School Potluck and Movie Cut $100 x 2 advertising $800 Welcome to Neighborhood Kits Reduce welcome kits to $400 $305 Halloween Party $250 Orthodox Jewish Community Meet and Greet $230 Egg Hunt $100 Welcome Kits - Plant for Yard $100 $1,400 Kilmer Pond $1,400 $100 Flower Garden $200 Landscaping $400 Spring Fling $700 Hayride - Bunker Hills Stable $500 Insurance Request $500 $100 Buckthorn Removal $100 $1,170 Lake Forest $1,050 $600 Neighborhood Annual Summer Party Cut deer damage reduction and education funding. $260 National Night Out Block parties $55 General Association Supplies $105 Deer damage reduction and education $150 Sign and Fence Repair $95 Summer Picnic $100 City Council Meeting of May 6, 2013 (Item No. 4h) Page 7 Title: 2013/2014 Neighborhood Grants Requested Amount Recommended Amount $1,850 Lenox $1,400 $800 Neighborhood Newsletter cut $450 - reduce number of mailings $300 Movie Night $450 Winter Social $300 Fall Picnic $100 Roxbury tree replacement $100 $1,600 Minikahda Oaks $1,600 $350 Spring Social $250 Summer Fall Social/National Night Out $100 Neighborhood Family Bike Tour $200 Winter Social $700 Minikahda Oaks Neighborhood Sign Project $500 Insurance Request $500 $100 Friends of Bass Lake $100 $1,695 Minikahda Vista $1,225 $150 Neighborhood Plant Swap Cut Garage Sale, Reduce Plant Swap to $100 and move to Environment $320 Neighborhood Garage Sale $95 Newsletter Postage $935 National Night Out $195 Fall Event $0 Plant Swap $100 $1,805 Minnehaha $1,375 $800 National Night Out Cut garage sale and $200 of Children's Playtime $550 Children's Play Time $230 Garage Sale $225 Neighborhood BBQ $80 Neighborhood Clean Up $80 $50 Oak Hill $50 $50 Neighborhood Association Awareness $50 City Council Meeting of May 6, 2013 (Item No. 4h) Page 8 Title: 2013/2014 Neighborhood Grants Requested Amount Recommended Amount $1,830 Sorensen $1,630 $670 Neighborhood Newsletters Cut $200 from grant. Look at alternatives to spending so much on postage and mail prep. $655 Annual Fall Social $190 Annual Sorensen Business Meeting $240 Webster Park Porta Potty $75 Wine and Cheese Fundraiser $100 Environmental Experiential Education $100 $1,280 South Oak Hill $1,030 $680 Neighborhood BBQ and Potluck cut $150 raffle at event and move $100 for signs to environment $240 Neighborhood Meetings $145 Summer Ice Cream Social $65 Newsletter $150 Signs $0 Signs $100 $2,000 Triangle $1,700 $800 Halloween Event Cut $200 from halloween and an additional $100 from movie nights or summer social. $800 Movie Nights (June - Oct) $400 Summer Social $100 Halloween Event $100 $2,000 Westwood Hills $1,800 $700 Winter Hayride $1800 grant cap this year $400 Ice Cream Social $200 Ladies Night $700 Fall party $500 Insurance Request $500 $100 Solar Panels on WHNA Signs $100 $36,205 Total Requested by All Neighborhoods $31,000 $4,390 Total Insurance Request $4,390 $1,395 Total Environmental Request $1,980 Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4i EXECUTIVE SUMMARY TITLE: Traffic Study Number 637: Authorize the Removal of Permit Parking Area RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the elimination of the permit parking restriction in front of 3112 Edgewood Avenue South. POLICY CONSIDERATION: Does the City Council wish to remove the permit parking restriction located in front of the subject property? The proposed action is consistent with City policy. SUMMARY: The City has a program for authorizing permit parking for residents who have a medical need for parking adjacent to their homes. Once authorized and installed, permit parking is maintained indefinitely. However, each year staff contacts residents who currently have permit parking to ensure that it is still required. We have been informed the permit parking for this property is no longer needed. Aside from removing the sign, the final step is to rescind the original resolution authorizing the permit parking. FINANCIAL OR BUDGET CONSIDERATION: The cost of removing these controls is minimal and will come out of the general operating budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Scott A. Brink, City Engineer Reviewed by: Michael P. Rardin, Director of Engineering Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of May 6, 2013 (Item No. 4i) Page 2 Title: Traffic Study Number 637: Authorize the Removal of Permit Parking Area RESOLUTION NO. 13-___ RESOLUTION RESCINDING RESOLUTION NO. 13-051 ELIMINATING PERMIT PARKING AT 3112 EDGEWOOD AVENUE SOUTH WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and has determined that traffic controls are no longer necessary at this location. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. Resolution No. 13-051 is hereby rescinded; and 2. The Director of Engineering is hereby authorized to remove permit parking at 3112 Edgewood Avenue South Reviewed for Administration: Adopted by the City Council May 6, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4j EXECUTIVE SUMMARY TITLE: Approve Right of Way Purchase - Highway 7 / Louisiana Interchange Project No. 2012- 0100 RECOMMENDED ACTION: Motion to approve right of way purchase in the total amount of $24,000 for Parcel 4 (7201 Lake Street – 7201 Lake Street LLC), and authorize the City Attorney to execute stipulation of settlement. POLICY CONSIDERATION: This action is consistent with previous direction given by Council as part of the Highway 7 / Louisiana Avenue Interchange Project. SUMMARY: At the July 16, 2012 City Council meeting, Council approved a resolution Authorizing Condemnation of Land for Public Purposes for the Highway 7 / Louisiana Avenue Interchange Project. Prior to that action, specific right of way needs were determined and appraisals for seven identified properties were conducted. As a result, the City Attorney commenced eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary land over the seven properties identified. Pursuant to the “quick take” provisions of Minnesota Statutes, the City Attorney has since negotiated a settlement with the legal representatives of Parcel 4 in the total amount of $24,000. The City’s initial appraisal was in the amount of $10,100. The additional amount was negotiated to settle damages related to access obstruction during construction. The City Attorney recommends approval of this settlement. The Parcel 4 property is located along the southwest corner of the Louisiana Avenue and Lake Street, and the acquisition attained from this property was needed to accommodate the new roundabout at this intersection. This acquisition settlement is the second settlement purchase of the condemnation proceedings. Negotiations and condemnation settlements are still proceeding on the other five properties. These properties include Sam’s Club, two Clear Channel Billboard parcels, Louisiana Oaks Apartments and the Oak Hill Office complex. As negotiations are finalized on these remaining properties, similar purchase authorizations will be presented to Council. FINANCIAL OR BUDGET CONSIDERATION: The City is responsible for all right of way acquisition on the project. The project budget as previously presented anticipates right of way acquisition costs and potential cost increases during settlement. Funding for right of way acquisition will be provided through the HRA Levy. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Exhibit A – Parcel 4 Location Exhibit B – Stipulation of Settlement Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Michael P. Rardin, Director of Engineering Tom Scott, City Attorney Approved by: Nancy Deno, Deputy City Manager/HR Director Evergreen Land Services Page 30 DESCRIPTION & EFFECTS OF PROPOSED ACQUISITION New Right of Way Temporary Easement City Council Meeting of May 6, 2013 (Item No. 4j) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Interchange Project No. 2012-0100 Page 2 City Council Meeting of May 6, 2013 (Item No. 4j) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Interchange Project No. 2012-0100 Page 3 City Council Meeting of May 6, 2013 (Item No. 4j) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Interchange Project No. 2012-0100 Page 4 City Council Meeting of May 6, 2013 (Item No. 4j) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Interchange Project No. 2012-0100 Page 5 City Council Meeting of May 6, 2013 (Item No. 4j) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Interchange Project No. 2012-0100 Page 6 City Council Meeting of May 6, 2013 (Item No. 4j) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Interchange Project No. 2012-0100 Page 7 City Council Meeting of May 6, 2013 (Item No. 4j) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Interchange Project No. 2012-0100 Page 8 City Council Meeting of May 6, 2013 (Item No. 4j) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Interchange Project No. 2012-0100 Page 9 City Council Meeting of May 6, 2013 (Item No. 4j) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Interchange Project No. 2012-0100 Page 10 City Council Meeting of May 6, 2013 (Item No. 4j) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Interchange Project No. 2012-0100 Page 11 Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4k EXECUTIVE SUMMARY TITLE: Bid Tabulation: Street Project - 2013 MSA Street Rehab (Parkdale Drive) - Project #2013-1101 RECOMMENDED ACTION: Motion to designate Valley Paving, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $129,114.95 for the 2013 MSA Street Rehab (Parkdale Drive) Project - Project #2013-1101. POLICY CONSIDERATION: Does the City Council wish to take the final step to allow this project to move forward? SUMMARY: A total of six (6) bids were received for this project. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Valley Paving, Inc. **$129,114.95 Norhwest Asphalt, Inc. $134,765.99 Hardrives, Inc. $144,478.94 Omann Brothers Paving, Inc. $145,866.44 Bituminous Roadways, Inc. $167,396.20 ASTECH Corporation $174,104.75 Engineer’s Estimate $139,435.50 **Denotes corrected amount A review of the bids indicates Valley Paving, Inc. submitted the lowest bid. Valley Paving is a reputable contractor that has successfully completed worked for the City before. Staff recommends that a contract be awarded to the firm in the amount of $129,114.95. Construction is tentatively planned to begin in mid-summer. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and included in the City’s adopted Capital Improvement Program (C.I.P.) with an estimated total project budget of $160,000. Based on the low bid, the total project cost is currently estimated at $151,165.35. The project will be funded by Municipal State Aid funds (gas tax monies). VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Michael P. Rardin, Director of Engineering Scott Brink, City Engineer Approved by: Tom Harmening, City Manager City Council Meeting of May 6, 2013 (Item No. 4k) Page 2 Title: Bid Tabulation: Street Project – 2013 MSA Street Rehab (Parkdale Drive) - Project #2013-1101 DISCUSSION BACKGROUND: Bids were received on April 25, 2013 for the 2013 MSA Street Rehabilitation Project – Parkdale Drive. The Parkdale Drive project involves pavement resurfacing by a mill and overlay process where the top two (2) inches of pavement is ground off and then a new asphalt surface is paved. The project also includes minor repairs to the concrete curb and sidewalk along with minor storm sewer repairs. The project construction is anticipated to last about two to three weeks. The project will be constructed under traffic. Motorists will be guided through the work zone during periods of temporary lane closures. An advertisement for bids was published in the St. Louis Park Sun-Sailor and in Finance & Commerce on April 4, 11, and 18, 2013. In addition, plans and specifications are noticed on the City Website and are made available electronically via the internet by our vendor Quest CDN.com. Email notification was provided to five minority associations and final printed plans were made available for viewing at the AGC of Minnesota Planroom and at City Hall. Twenty-four contractors/vendors purchased plan sets with three Disadvantaged Business Enterprises (DBE) identifying themselves as subcontractors. Financial Details Based on the low bid received, cost and funding details are revised as follows: Expenditures Construction Cost $129,114.95 Contingencies (5%) $ 6,500.00 Engineering & Administration (12%) $ 15,500.00 Total $151,114.95 Revenues Municipal State Aid Funds $151,114.95 Total $151,114.95 This project was planned for and included in the City’s adopted Capital Improvement Program with an estimated total project budget of $160,000. Construction Timeline Construction is tentatively planned to begin in mid-summer. Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4l EXECUTIVE SUMMARY TITLE: Final Payment Resolution - Contract # 89-12 w/ Bituminous Roadways - Project # 2011-1100 RECOMMENDED ACTION: Motion to Adopt Resolution accepting work and authorizing final payment in the amount of $22,445.44 for the 2012 MSA Street Rehab (Louisiana Avenue) project with Bituminous Roadways, Inc. – Project No. 2011-1100, Contract No. 89-12. POLICY CONSIDERATION: Does the Council wish to approve this final contract payment? SUMMARY: On June 18, 2012, the City Council awarded a contract in the amount of $337,515.00 to Bituminous Roadways, Inc. for the Louisiana Avenue Project – Project 2011- 1100. The project involved pavement resurfacing by a mill and overlay process in which the top 2 inches of pavement was ground off and replaced with new asphalt. The project also includes minor repairs to the concrete pavement beneath the asphalt surface, concrete curb, sidewalk, storm sewer, and pedestrian curb ramps to meet current ADA standards. The Contractor completed the work within the contract time allowed (30 working days) at a final contract cost of $354,254.61. The contract had project overruns amounting to $16,739.61. The overruns can be attributed to additional concrete pavement repairs and storm sewer manhole repairs requested by the city. These additional repairs were necessary and were paid at original bid item unit costs. FINANCIAL OR BUDGET CONSIDERATION: Final Contract Cost The cost of the work performed by the Contractor under Contract No. 89-12 has been calculated as follows: Original Contract $337,515.00 Overruns 16,739.61 Total $354,254.61 Funding Sources This project was programmed in the Capital Improvement Program (C.I.P.) for construction in 2012. This project is being funded by State Aid funds (gas tax monies). VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jim Olson, Sr. Engineering Project Manager Reviewed by: Michael P. Rardin, Director of Engineering Scott Brink, City Engineer Approved by: Tom Harmening, City Manager City Council Meeting of May 6, 2013 (Item No. 4l) Page 2 Title: Final Payment Resolution – Contract No. 89-12 with Bituminous Roadways, Inc. – Project No. 2011-1100 RESOLUTION NO. 13-___ RESOLUTION ACCEPTING WORK ON MSA STREET REHAB – LOUISIANA AVENUE CITY PROJECT NO. 2011-1100 CONTRACT NO. 89-12 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated June 18, 2012, Bituminous Roadways, Inc. has satisfactorily completed the street rehabilitation work on Louisiana Avenue per Contract No. 89-12. 2. The Director of Engineering 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 $ 337,515.00 Overrun 16,739.61 Contract Amount $ 354,254.61 Previous Payments $ 331,809.17 Balance Due $ 22,445.44 Reviewed for Administration: Adopted by the City Council May 6, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: May 6, 2013 Minutes: 4m OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA MARCH 20, 2013 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Carl Robertson MEMBERS ABSENT: Lynne Carper, Rick Person, Larry Shapiro STAFF PRESENT: Ryan Kelley, Meg McMonigal, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of March 6, 2013 Commissioner Kramer moved approval of the minutes of March 6, 2013. Commissioner Morris seconded the motion, and the motion passed on a vote of 4-0. 3. Public Hearings A. Conditional Use Permit for Reestablishment of Auto Dealership Location: 1820 Quentin Avenue South Applicant: The Luther Company, LLLP Case No.: 13-14-CUP Ryan Kelley, Associate Planner, presented the staff report. He stated that the applicant is requesting approval of a conditional use permit to establish a Fiat dealership. Linda McGinty, The Luther Company, thanked Mr. Kelley for his assistance through the process. She stated that the company is very pleased to be developing the parcel and to be bringing Fiat to the community. She added that Fiat will be bringing more product to the U.S. in the fall so the timing is very good. Commissioner Kramer asked if The Luther Company is intending to complete work on the parcel this time. Ms. McGinty replied that Luther has the manufacturer’s approval and Luther will be completing the reestablishment of a dealership at the site. Commissioner Johnston-Madison said she’s very glad to see this happen and she believes it will really be an improvement. Chair Robertson opened the public hearing. As no one was present wishing to speak, he closed the public hearing. City Council Meeting of May 6, 2013 (Item No. 4m) Page 2 Title: Planning Commission Meeting Minutes of March 20, 2013 Commissioner Morris commented that the area is poorly lacking in pedestrian accessibility. He asked if a study was done, or consideration made on how to link some of the frontage road sidewalks under the bridge or into the neighborhood. Ms. McMonigal, Planning and Zoning Supervisor, responded that Mr. Kelley reviewed the Sidewalk and Trails Plan as part of the application process. She added that sidewalk isn’t required with a conditional use permit. Mr. Kelley stated that the Sidewalk and Trails Plan indicates that sidewalk on the south side of Cedar Lake Rd. and on the east side of Quentin Ave. is a future project. He explained for this site specifically, the City Engineer and planning staff didn’t pursue sidewalks on the site, particularly because of the existing conditions for traffic flow off of the frontage road and how that wraps around the site. Pedestrian improvements that might best take place would be on the south side of Cedar Lk. Rd. and the east side of Quentin Ave., as planned for the future. Commissioner Morris made a motion to recommend approval of the Conditional Use Permit. Commissioner Kramer seconded the motion, and the motion passed on a vote of 4-0. 4. Other Business Commissioner Morris spoke about having a study session item regarding the current Designed Outdoor Recreational Area (DORA) concept. He said he could send his thoughts and notes on the subject to staff prior to a study session. Commissioner Kramer said he’d like to have further discussion on the poor bicycle and pedestrian access in the area of the Luther Company site. Ms. McMonigal responded that the Engineering Dept. is undertaking a Connect the Park initiative. The Sidewalk and Trails Plan is going forward. She said the Planning Commission could have a discussion about it. She said the idea of crossing the railroad track with some sort of bridge is shown in the Sidewalk and Trails Plan in the Luther site area. Commissioner Kramer commented he would like to have further discussion as the whole area is in need of bicycle access, especially to access The West End. 5. Communications: None 6. Adjournment The meeting was adjourned at 6:17 p.m. Respectfully submitted, Nancy Sells Administrative Secretary Meeting: City Council Meeting Date: May 6, 2013 Minutes: 4n FIRE CIVIL SERVICE COMMISSION MINUTES March 12, 2013 – 8:30 a.m. FIRE STATION 1 CONFERENCE ROOM 1) The meeting was called to order at 8:33 a.m. by Commissioner Lee. 2) In attendance were Commission President David Lee and Commissioners Bill MacMillan and Jim Rhodes. Also present were Ali Fosse, Human Resources Coordinator/Staff Liaison; Eric Curran-Bakken, Local 993 Union President; Luke Stemmer, Fire Chief; and Mark Windschitl and Cary Smith, Assistant Chiefs. 3) President Lee welcomed new Commissioner Rhodes on behalf of the Commission. 4) The minutes of the February 4, 2013 meeting were approved by consent. 5) Assistant Chief Windschitl explained that due to a vacancy in the Department (FF Chandler) another name needed to be certified from the Firefighter eligibility register in order to have three from which to choose. A motion was made by Commissioner MacMillan, seconded by Commissioner Rhodes, to certify the next name on the Firefighter eligibility register: Tim Smith. Motion carried unanimously. 6) In other business, Staff Liaison Fosse asked if the Commission would be open to seeing recommended housekeeping changes to the Commission Rules and Regulations document, as there may be opportunities to streamline some administrative practices. After discussion, the Commission approved and asked Staff Liaison Fosse to do some research and bring any recommended updates to a future meeting. 7) The Commissioners asked questions about how to fill a Fire Chief vacancy in the event one should occur. General consensus was that the position is very important and that the City should not leave such a position vacant for very long. Staff will notify the Commission if a vacancy occurs and will bring to the Commission a recommended hiring process in accordance with state statute. 8) The Commission adjourned at 9:03 a.m. Respectfully submitted, Ali Fosse City Staff Liaison to the Fire Civil Service Commission Meeting: City Council Meeting Date: May 6, 2013 Minutes: 4o FIRE CIVIL SERVICE COMMISSION MINUTES April 10, 2013 – 7:30 a.m. FIRE STATION 1 CONFERENCE ROOM 1) The meeting was called to order at 7:34 a.m. by Commissioner Lee. 2) In attendance were Commission President David Lee and Commissioners Bill MacMillan and Jim Rhodes. Also present were Ali Fosse, Human Resources Coordinator/Staff Liaison; Eric Curran-Bakken, Local 993 Union President; Luke Stemmer, Fire Chief; Mark Windschitl and Rodger Coppa, Assistant Chiefs; and Nancy Stroth, City Clerk. 3) A motion was made by Commissioner MacMillan, seconded by Commissioner Rhodes, to approve the minutes of the March 12, 2013 meeting. Motion carried unanimously. 4) City Clerk Nancy Stroth administered the oath of office to the commissioners. 5) Assistant Chief Rodger Coppa presented the Firefighter recruitment process. There are 2 changes recommended to the process: Providing 2 points per year of service (to a max of 10) for SLP POC service, and adding a pass/fail interview into the process. Commissioner Rhodes asked that the process be amended to change “first cut” to “first step” in numbers IV and V. A motion was made by Commissioner MacMillan, seconded by Commissioner Rhodes, to approve the Firefighter recruitment process as amended. Motion carried unanimously. 6) AC Coppa presented the Fire Captain promotional process. One change recommended is to eliminate the 5 points given for “resume review” and add those points to the panel oral interview weight. A motion was made by Commissioner Rhodes, seconded by Commissioner MacMillan to approve the Fire Captain recruitment process. Discussion followed regarding the timing of the process. Union President Bakken noted that the union prefers that the process get started soon so that the list doesn’t expire. Other considerations were to wait in case a new Chief wanted to change the process. The intent of Fire Management is to begin the process as soon as administratively feasible. Motion carried unanimously. 7) The next meeting will be held April 30 at 8:30 am at Fire Station 1, with City Manager Tom Harmening bringing a recommended recruitment process for the position of Fire Chief. 8) The Commission adjourned at 8:16 a.m. Respectfully submitted, Ali Fosse City Staff Liaison to the Fire Civil Service Commission Meeting: City Council Meeting Date: May 6, 2013 Consent Agenda Item: 4p EXECUTIVE SUMMARY TITLE: Vendor Claims RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period April 6, 2013 through April 26, 2013. POLICY CONSIDERATION: Not applicable. SUMMARY: The Finance Department prepares this report on a monthly basis for Council’s review. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Vendor Claims Prepared by: Connie Neubeck, Account Clerk 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 1Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 136.00SKATEBOARD PROGRAMS OTHER CONTRACTUAL SERVICES3RD LAIR SKATEPARK 136.00 101.90TREE MAINTENANCE GENERAL SUPPLIESA-1 OUTDOOR POWER INC 101.90 41.39HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEABELSON, SHARON 41.39 15.36WATER UTILITY G&A BLDG/STRUCTURE SUPPLIESACE SUPPLY CO 15.36 304.00VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPSAEMP 304.00 143.00OPERATIONSOPERATIONAL SUPPLIESAIRGAS NORTH CENTRAL 143.00 950.00FACILITIES MCTE G & A WATER SERVICEALLIANCE MECH SRVCS INC 950.00 78.46POLICE G & A TELEPHONEAMERICAN MESSAGING 78.46 268.94PARK AND RECREATION BALANCE SH INVENTORYAMERICAN STATE EQUIPMENT CO 17.30-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 251.64 297.50OPERATIONSRADIO COMMUNICATIONSANCOM TECHNICAL CENTER 297.50 1,910.60INSTALLATIONOTHER IMPROVEMENT SUPPLIESANDERSEN INC, EARL 1,910.60 285.00COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPSAPA 285.00 972.97GENERAL CUSTODIAL DUTIES OTHER CONTRACTUAL SERVICESARAMARK UNIFORM CORP ACCTS 71.70ENTERPRISE G & A GENERAL SUPPLIES 1,044.67 120.36IT G & A OFFICE SUPPLIESARC City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 2 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 2Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 548.49IT G & A GENERAL SUPPLIES 668.85 85.60PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESART SPARK LLC 85.60 188.24PARK AND RECREATION BALANCE SH INVENTORYASPEN EQUIPMENT CO 188.24 1,145.18OPERATIONSOPERATIONAL SUPPLIESASPEN MILLS 1,145.18 40.00SOLID WASTE G&A SUBSCRIPTIONS/MEMBERSHIPSASSOC RECYCLING MANAGERS INC 40.00 216.51CELLPHONES, IPADS, ETC.OFFICE EQUIPMENTAT&T MOBILITY 216.51 152.50GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICEATIR ELECTRIC CORPORATION 152.50 1,500.00ESCROWSPMC ESCROWATKINS, JOSHUA 1,500.00 64.33PUBLIC WORKS OPS G & A CLEANING/WASTE REMOVAL SERVICEATOMIC RECYCLING 64.33VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICE 64.34SEWER UTILITY G&A CLEANING/WASTE REMOVAL SERVICE 193.00 43.64PARK AND RECREATION BALANCE SH INVENTORYAUTO PLUS 43.64 20,291.29SEWER UTILITY G&A OTHER IMPROVEMENT SERVICEAUTOMATIC SYSTEMS INC 20,291.29 539.53GENERAL REPAIR EQUIPMENT MTCE SERVICEAUTOMOBILE SERVICE 539.53 11.75POLICE G & A OTHER CONTRACTUAL SERVICESBATTERIES PLUS 11.75 510.00COMMUNICATIONS/GV REIMBURSEABL TELEPHONEBCA MNJIS SECTION City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 3 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 3Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 510.00 126.22-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSBEACON ATHLETICS 936.22PARK GROUNDS MAINTENANCE GENERAL SUPPLIES 1,026.00PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 1,836.00 32.05PATCHING-PERMANENT EQUIPMENT PARTSBLUE TARP FINANCIAL INC 32.05 12,965.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESBOBS WOOD SPECIALTIES 12,965.00 53.44PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICESBOHN WELDING INC 53.44 204.92PARK AND RECREATION BALANCE SH INVENTORYBOYER TRUCK PARTS 204.92 251.78UNINSURED LOSS G&A UNINSURED LOSSBRIN NORTHWESTERN GLASS CO 251.78 640.00SUPERVISORYTRAININGBROOKLYN PARK POLICE DEPT 640.00 70.00INSPECTIONS G & A MECHANICALBURGESS, JOHN 70.00 500.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESBURTIS, ROBERT 500.00 22,081.00OPERATIONSCLEANING/WASTE REMOVAL SUPPLYCALGON CARBON CORP 22,081.00 83.88TREE MAINTENANCE OTHER IMPROVEMENT SUPPLIESCAMDEN INDUSTRIAL SUPPLY 83.88 7,915.98ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC 304.00CABLE TV G & A LEGAL SERVICES 16.00EXCESS PUBLIC LAND LEGAL SERVICES 906.86STREET CAPITAL PROJ G & A LEGAL SERVICES 1,776.00REILLY G & A LEGAL SERVICES City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 4 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 4Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 208.00SEWER UTILITY G&A LEGAL SERVICES 1,264.00SOLID WASTE G&A LEGAL SERVICES 12,390.84 386.88IT G & A EQUIPMENT MTCE SERVICECARTRIDGE CARE 386.88 294.34EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESCBIZ FINANCIAL SOLUTIONS INC 294.34 211.68ASSESSING G & A GENERAL SUPPLIESCDW GOVERNMENT INC 3,239.43TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 3,451.11 840.00CES Resid Energy Conservation OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT 840.00 3,057.91FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 1,050.43PARK MAINTENANCE G & A HEATING GAS 131.45WESTWOOD G & A HEATING GAS 219.99NATURALIST PROGRAMMER HEATING GAS 5,525.73WATER UTILITY G&A HEATING GAS 191.89REILLY G & A HEATING GAS 234.89SEWER UTILITY G&A ELECTRIC SERVICE 91.79SEWER UTILITY G&A HEATING GAS 10,504.08 7,055.61FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY SERVICES IN 5,253.49ENTERPRISE G & A HEATING GAS 12,309.10 10,200.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 10,200.00 45.63E-911 PROGRAM TELEPHONECENTURY LINK 280.85CELLPHONES, IPADS, ETC.TELEPHONE 326.48 558.82WATER UTILITY G&A OTHER IMPROVEMENT SERVICECERTIFIED PLUMBING INC 558.82 262.50GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESCHAN, JOSEPH City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 5 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 5Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 262.50 129.29FACILITIES MCTE G & A GENERAL SUPPLIESCINTAS CORPORATION 110.69FACILITIES MCTE G & A OPERATIONAL SUPPLIES 348.44VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 588.42 116.87-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCITIZENS INDEPENDENT BANK 59.98GENERAL FUND BALANCE SHEET CLEARING ACCOUNT 135.00ADMINISTRATION G & A TRAINING 501.41ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 202.68ADMINISTRATION G & A MEETING EXPENSE 150.00HUMAN RESOURCES RECOGNITION 95.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPS 85.62HUMAN RESOURCES MEETING EXPENSE 903.00ASSESSING G & A TRAINING 255.00FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPS 120.00FINANCE G & A TRAVEL/MEETINGS 120.36FINANCE G & A MEETING EXPENSE 525.00COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPS 81.78COMM DEV PLANNING G & A TRAINING 12.81GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 30.63OPERATIONSOFFICE SUPPLIES 402.10OPERATIONSGENERAL SUPPLIES 220.14OPERATIONSFIRE PREVENTION SUPPLIES 335.81OPERATIONSOPERATIONAL SUPPLIES 1,630.53OPERATIONSTRAINING 221.93-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTS 998.12SOCCERGENERAL SUPPLIES 998.12PARK MAINTENANCE G & A GENERAL SUPPLIES 94.70PARK MAINTENANCE G & A TRAINING 3.22REC CENTER BUILDING GENERAL SUPPLIES 40.55REC CENTER BUILDING EQUIPMENT MTCE SERVICE 1,373.93CONCESSIONSGENERAL SUPPLIES 14.00-CABLE TV BALANCE SHEET DUE TO OTHER GOVTS 217.69TV PRODUCTION GENERAL SUPPLIES 130.00TV PRODUCTION SUBSCRIPTIONS/MEMBERSHIPS 98.09PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES 9,468.47 11.37-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSCIVIC ENTERPRISES INC 176.72BEAUTIFICATION / FLOWERS GENERAL SUPPLIES City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 6 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 6Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 165.35 19,019.15ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES 19,019.15 166.95IT G & A DATACOMMUNICATIONSCOMCAST 4.52BUILDING MAINTENANCE EQUIPMENT MTCE SERVICE 163.80WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 82.41SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 417.68 4,400.00COMMUNITY OUTREACH G & A OTHER CONTRACTUAL SERVICESCOMMUNITY MEDIATION SERVICES I 4,400.00 221.57MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDICONNEY SAFETY PRODUCTS 221.57 8,962.75GENERAL BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESCOVERALL OF THE TWIN CITIES 8,962.75 4,771.97WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 4,771.97 91.57GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESDALCO ENTERPRISES INC 391.98REC CENTER BUILDING GENERAL SUPPLIES 483.55 46.64WATER UTILITY G&A GENERAL CUSTOMERSDAVIS, TIM 46.64 374.37WESTWOOD G & A CONCESSION SUPPLIESDELI DOUBLE 374.37 10,623.93EMPLOYEE FLEX SPEND G&A UNEMPLOYMENTDEPT EMPLOYMENT & ECONOMIC DEV 10,623.93 45.00GENERAL BUILDING MAINTENANCE LICENSESDEPT LABOR & INDUSTRY 3,250.23INSPECTIONS G & A DUE TO OTHER GOVTS 3,295.23 1,500.00ESCROWSPMC ESCROWDESROCHERS, DANIEL & JULIE 1,500.00 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 7 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 7Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 301.60ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC 301.60 217.61PARK GROUNDS MAINTENANCE GENERAL SUPPLIESDH ATHLETICS LLC 7,192.78PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 7,410.39 8,787.00REC CENTER BUILDING BUILDING MTCE SERVICEDJ ELECTRIC SERVICES INC 935.00ARENA MAINTENANCE BUILDING MTCE SERVICE 9,722.00 211.00HUMAN RESOURCES MEETING EXPENSEEDMAN, PERRY 211.00 338.51SEWER UTILITY G&A EQUIPMENT MTCE SERVICEELECTRIC PUMP INC 338.51 58.32PUBLIC WORKS G & A MEETING EXPENSEELLINGSON, JUDY 58.32 450.00ADMINISTRATION G & A TRAININGEMPLOYEE STRATEGIES INC 450.00 350.00IT G & A EQUIPMENT MTCE SERVICEENCORE BROKERS 350.00 7,326.32PARK AND RECREATION BALANCE SH INVENTORYENVIRONMENTAL EQUIPMENT & SERV 7,326.32 668.00PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESEPIC SECURITY PROFESSIONALS IN 668.00 500.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESEVERHART, GLEN 500.00 225.73PARK AND RECREATION BALANCE SH INVENTORYFACTORY MOTOR PARTS CO 225.73 257.09GENERAL REPAIR GENERAL SUPPLIESFASTENAL COMPANY 257.09 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 8 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 8Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 162.45HUMAN RESOURCES RECRUITMENTFEDEX 162.45 32.16WESTWOOD G & A OFFICE SUPPLIESFEINBERG, GREG 32.16 259.56ICE RESURFACER MOTOR FUELSFERRELLGAS 259.56 7.30WATER UTILITY G&A GENERAL CUSTOMERSFINK, ANDREW 7.30 657.87OPERATIONSOPERATIONAL SUPPLIESFIRE EQUIPMENT SPECIALTIES INC 657.87 78.00INSPECTIONS G & A MECHANICALFIRESIDE HEARTH & HOME 78.00 425.00COMMUNICATIONS/GV REIMBURSEABL OTHER CONTRACTUAL SERVICESFISCHLER & ASSOCIATES PA 425.00 1,138.22PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIESFLAGSHIP RECREATION LLC 1,138.22 71.36HUMAN RESOURCES MEETING EXPENSEFOSSE, ALI 71.36 471.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESFOTH INFRASTRUCTURE & ENVIRONM 6,840.00PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 7,311.00 300.00PARK PAVILIONS REFUNDS & REIMBURSEMENTSFRICKE, RACHEL 300.00 329.96WATER UTILITY G&A GENERAL CUSTOMERSFRISHMAN, ARNIE 329.96 257.00WATER UTILITY G&A GENERAL CUSTOMERSGLOBAL CLOSING & TITLE SERVICE 257.00 4,034.21EMPLOYEE FLEXIBLE SPENDING B/S LONG TERM CARE INSURGLTC PREMIUM PAYMENTS 4,034.21 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 9 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 9Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 230.75WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC 230.75 41.35PARK AND RECREATION BALANCE SH INVENTORYGRAFIX SHOPPE 41.35 314.28GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESGRAINGER INC, WW 133.81PUBLIC WORKS G & A OFFICE SUPPLIES 174.14PUBLIC WORKS OPS G & A GENERAL SUPPLIES 33.94SWEEPINGEQUIPMENT PARTS 131.03ROUTINE MAINTENANCE EQUIPMENT PARTS 206.58VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 174.13WATER UTILITY G&A GENERAL SUPPLIES 1,167.91 428.13GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESGRAYBAR ELECTRIC CO 428.13 170.00INSPECTIONS G & A CERTIFICATE OF COMPLIANCEGUSTAFSON, LISA 170.00 250.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESHALL, MARY 250.00 3,500.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESHALLQUIST, WILLIAM 3,500.00 10,955.28WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 10,955.28 2,273.70POLICE G & A EQUIPMENT MTCE SERVICEHENNEPIN COUNTY INFO TECH 803.90OPERATIONSRADIO COMMUNICATIONS 277.30OPERATIONSEMERGENCY PREPAREDNESS 3,354.90 534.38IT G & A COMPUTER SERVICESHENNEPIN COUNTY TREASURER 860.55POLICE G & A SUBSISTENCE SERVICE 8,894.08PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICES 2,700.00PARK IMPROVEMENT G & A PAYMENT IN LIEU OF TAXES 2,223.52WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 2,223.52SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 10 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 10Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 4,447.04STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 21,883.09 1,730.84MUNICIPAL BLDG OTHERHENRICKSEN PSG 1,730.84 1,500.00IT G & A GENERAL PROFESSIONAL SERVICESHEYER SOLUTIONS 1,500.00 1,366.73WATER UTILITY G&A OTHER IMPROVEMENT SERVICEHIGHVIEW PLUMBING INC 1,995.00SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 3,361.73 175.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESHINDING, CHRIS 175.00 244.20PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURESHOLDAHL COMPANY 244.20 1,100.00-PARK AND RECREATION BALANCE SH DUE TO OTHER GOVTSHOLLYWOOD PYROTECHNICS INC 17,100.00HOLIDAY PROGRAMS OTHER CONTRACTUAL SERVICES 16,000.00 741.22GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES 136.74DAMAGE REPAIR SMALL TOOLS 40.83PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 49.53PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIES 149.03TREE MAINTENANCE LANDSCAPING MATERIALS 53.76GENERAL REPAIR GENERAL SUPPLIES 951.56PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES 45.78WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 2,168.45 17.13WESTWOOD G & A SMALL TOOLSHOME DEPOT CREDIT SRVCS 165.12PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 182.25 3,966.88UNINSURED LOSS G&A UNINSURED LOSSHOPKINS AUTO BODY INC 3,966.88 150.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JENNIFER 150.00 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 11 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 11Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 1,450.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDIHRGREEN 600.00TECHNOLOGY REPLACEMENT POLICE EQUIPMENT 2,050.00 1,652.60EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49 1,652.60 2,748.00HUMAN RESOURCES RECRUITMENTI/O SOLUTIONS INC 2,748.00 475.00HUMAN RESOURCES RECRUITMENTIFP TEST SERVICES 475.00 558.59WATER UTILITY G&A POSTAGEIMPACT PROVEN SOLUTIONS 558.59SEWER UTILITY G&A POSTAGE 558.59SOLID WASTE COLLECTIONS POSTAGE 558.59STORM WATER UTILITY G&A POSTAGE 2,234.36 116.71PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIESINDELCO 28.26REC CENTER BUILDING GENERAL SUPPLIES 144.97 2,486.18IT G & A TELEPHONEINTEGRA TELECOM 2,486.18 224.44POLICE G & A OPERATIONAL SUPPLIESINTOXIMETERS INC 224.44 315.04PARK AND RECREATION BALANCE SH INVENTORYINVER GROVE FORD 315.04 717.11PARK AND RECREATION BALANCE SH INVENTORYI-STATE TRUCK CENTER 717.11 150.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESJACOBSON, RICHARD 150.00 13.26PARK MAINTENANCE G & A GENERAL SUPPLIESJERRY'S HARDWARE 6.69IRRIGATION MAINTENANCE GENERAL SUPPLIES 10.56PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 12 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 12Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 7.67GENERAL REPAIR GENERAL SUPPLIES 240.72PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES 134.64SEWER UTILITY G&A GENERAL SUPPLIES 413.54 2,300.00HUMAN RESOURCES RECRUITMENTJOBSINMINNEAPOLIS.COM 2,300.00 4,900.22PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESJRK SEED & SURG SUPPLY 4,900.22 400.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESKAMP, KENDALL 400.00 276.92EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSKELLER, JASMINE Z 276.92 198.00ESCROWSDuke Realty - West EndKENNEDY & GRAVEN 1,371.20ESCROWS 60.00ADMINISTRATION G & A LEGAL SERVICES 1,629.20 338.50WATER UTILITY G&A GENERAL CUSTOMERSKERR, MICHAEL 338.50 450.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESKJELLSEN, MARY 450.00 56.64WATER UTILITY G&A GENERAL CUSTOMERSKOPISCHKE, BRENT 56.64 21,929.89MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDIKRECH, O'BRIEN, MUELLER & WASS 21,929.89 1,416.56ARENA MAINTENANCE GENERAL SUPPLIESKRISS PREMIUM PRODUCTS INC 1,416.56 500.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESKROOG, RACHAEL 500.00 265.87HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLEKRUSE, JENNIFER 265.87 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 13 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 13Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 74.81WATER UTILITY G&A EQUIPMENT PARTSLARSCO INC 74.81 47.33SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIESLARSON, JH CO 47.33 2,295.00EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES 2,295.00 208.15GENERAL REPAIR GENERAL SUPPLIESLAWSON PRODUCTS INC 208.15 590.00ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTATLEAGUE OF MN CITIES 99.00INSPECTIONS G & A TRAINING 689.00 7,152.00EMPLOYEE FLEX SPEND G&A League of MN Cities dept'l expLEAGUE OF MN CITIES INSURANCE 7,152.00 200.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESLEWIS, URIEL 200.00 52.55WESTWOOD G & A GENERAL SUPPLIESLINDOR, CJ 52.55 1,225.05PARK AND RECREATION BALANCE SH INVENTORYLITTLE FALLS MACHINE INC 1,225.05 41,078.03IT G & A COMPUTER SERVICESLOGIS 32,355.81TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 73,433.84 850.00ERUTRAININGLOUKA LLC 850.00 625.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESM B MUSIC INC 625.00 129.85PARK AND RECREATION BALANCE SH INVENTORYMACQUEEN EQUIP CO 129.85 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 14 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 14Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 381.20ATHLETIC CAMPS OTHER CONTRACTUAL SERVICESMALONE, DANIEL 381.20 269.68GRANTSGENERAL SUPPLIESMARS CO, W P & R S 269.68 350.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESMARSHALL, ADAM 350.00 37.52TV PRODUCTION GENERAL SUPPLIESMCHUGH, JOHN T 340.09TV PRODUCTION NON-CAPITAL EQUIPMENT 377.61 228.52IRRIGATION MAINTENANCE GENERAL SUPPLIESMENARDS 39.55BRICK HOUSE (1324)OTHER IMPROVEMENT SUPPLIES 83.43WW RENTAL HOUSE (1322)OTHER IMPROVEMENT SUPPLIES 51.24REFORESTATIONOTHER IMPROVEMENT SUPPLIES 301.19WESTWOOD G & A GENERAL SUPPLIES 8.00SCHOOL GROUPS GENERAL SUPPLIES 243.41PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES 42.73SEWER UTILITY G&A GENERAL SUPPLIES 998.07 1,088.48POLICE G & A EQUIPMENT MTCE SERVICEMETRO SALES INC 1,088.48 456.00VOLLEYBALLOTHER CONTRACTUAL SERVICESMETRO VOLLEYBALL OFFICIALS 456.00 14,063.20REILLY BUDGET CLEANING/WASTE REMOVAL SERVICEMETROPOLITAN COUNCIL 316,652.43OPERATIONSCLEANING/WASTE REMOVAL SERVICE 330,715.63 276.81POLICE G & A OTHER CONTRACTUAL SERVICESMID AMERICA BUSINESS SYSTEMS 276.81 878.12STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEMIDWEST ASPHALT CORP 878.12 555.82OPERATIONSOPERATIONAL SUPPLIESMIDWEST BADGE & NOVELTY CO 555.82 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 15 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 15Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 56.30INSPECTIONS G & A ELECTRICALMIDWEST MAINTENANCE & MECH INC 56.30 2,204.50WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMIDWEST TESTING LLC 2,204.50 1,000.00ESCROWSPMC ESCROWMIESEN, JACOB & RACHEL 1,000.00 555.30PAWN FEES OTHER CONTRACTUAL SERVICESMINNEAPOLIS FINANCE DEPT 555.30 48.00FACILITIES MCTE G & A EQUIPMENT MTCE SERVICEMINNEAPOLIS WINDOW SHADE CO 48.00 49.74OPERATIONSGENERAL SUPPLIESMINNESOTA CONWAY 49.74 50.00REILLY BUDGET LICENSESMINNESOTA DEPT HEALTH 50.00 200.00GENERAL BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESMINNESOTA DEPT LABOR & INDUSTR 200.00 150.00PE INVES/REVIEW/PERMITS IMPROVEMENTS OTHER THAN BUILDIMINNESOTA DEPT OF HEALTH 150.00 430.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA STATE BOARD OF ASSES 430.00 299.38SUPPORT SERVICES G&A OFFICE SUPPLIESMINUTEMAN PRESS 299.38 1,562.50PE INVEST/REVIEW/PER GENERAL PROFESSIONAL SERVICESMPCA 125.00CE INSPECTION GENERAL PROFESSIONAL SERVICES 1,687.50 2,181.11FABRICATIONOTHER IMPROVEMENT SUPPLIESM-R SIGN CO INC 2,181.11 1,295.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPSMRA-THE MANAGEMENT ASSOC 1,295.00 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 16 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 16Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 265.00REILLY BUDGET OTHER CONTRACTUAL SERVICESMVTL LABORATORIES 265.00 63.45OPERATIONSGENERAL SUPPLIESNAPA (GENUINE PARTS CO) 189.60DAMAGE REPAIR SMALL TOOLS 605.39PARK AND RECREATION BALANCE SH INVENTORY 9.60PARK MAINTENANCE G & A GENERAL SUPPLIES 74.79PARK GROUNDS MAINTENANCE GENERAL SUPPLIES 183.17GRANTSGENERAL SUPPLIES 117.82ARENA MAINTENANCE GENERAL SUPPLIES 302.13GENERAL REPAIR GENERAL SUPPLIES 15.00WATER UTILITY G&A EQUIPMENT PARTS 1,560.95 1,733.00SSD 1 G&A OTHER CONTRACTUAL SERVICESNATURAL REFLECTIONS VII LLC 1,850.00SSD 2 G&A OTHER CONTRACTUAL SERVICES 525.00SSD 3 G&A OTHER CONTRACTUAL SERVICES 645.75SSD #5 G&A OTHER CONTRACTUAL SERVICES 4,753.75 65,801.00TECHNOLOGY REPLACEMENT MACHINERY & AUTO EQUIPMENTNEXGEN UTILITY MANAGEMENT 65,801.00 7,231.14CELLPHONES, IPADS, ETC.OFFICE EQUIPMENTNEXTEL COMMUNICATIONS 7,231.14 28,763.47SANDING/SALTING OTHER IMPROVEMENT SUPPLIESNORTH AMERICAN SALT CO 28,763.47 289.16REFORESTATIONLANDSCAPING MATERIALSNORTH CENTRAL REFORESTATION IN 289.16 45.00HUMAN RESOURCES TRAININGNORTHSTAR CHAPTER APA 45.00 500.00POLICE G & A OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL 500.00 69.50WESTWOOD G & A MILEAGE-PERSONAL CAROESTREICH, MARK 69.50 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 17 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 17Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 65.67GENERAL INFORMATION OFFICE SUPPLIESOFFICE DEPOT 155.01POLICE G & A OFFICE SUPPLIES 109.98POLICE G & A COMPUTER SUPPLIES 159.82INSPECTIONS G & A GENERAL SUPPLIES 69.95PUBLIC WORKS G & A OFFICE SUPPLIES 79.65ORGANIZED REC G & A OFFICE SUPPLIES 54.13WESTWOOD G & A OFFICE SUPPLIES 7.93HOUSING REHAB G & A OFFICE SUPPLIES 702.14 2,613.55INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 2,613.55 1,150.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESOKEE DOKEE BROTHERS 1,150.00 94.71PATCHING-PERMANENT EQUIPMENT PARTSOLSEN CHAIN & CABLE CO INC 94.71 327.50EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESOPTUM HEALTH 327.50 2,500.00ESCROWSDEMO / BROOKSIDE TRAFFICOTTING HOUSE MOVERS 2,500.00 41.14WATER UTILITY G&A GENERAL CUSTOMERSPAPAS, JOHN 41.14 405.90PARK AND RECREATION BALANCE SH INVENTORYPARK JEEP 405.90 400.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESPARK THEATER COMPANY 400.00 7,000.00COMMUNITY PARTNERSHIPS OTHER CONTRACTUAL SERVICESPARKTACULAR 7,000.00 45.63HALLOWEEN PARTY GENERAL SUPPLIESPATRICK, MICHEAL 45.63 230.93WATER UTILITY G&A GENERAL CUSTOMERSPAULSON, CAROLYN 230.93 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 18 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 18Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 39.17ENGINEERING G & A OPERATIONAL SUPPLIESPECCHIA, TOM 39.17 21.18COMMUNITY OUTREACH G & A MEETING EXPENSEPETTY CASH 7.00POLICE G & A TRAVEL/MEETINGS 11.00VEHICLE MAINTENANCE G&A LICENSES 39.18 706.90PARK GROUNDS MAINTENANCE GENERAL SUPPLIESPIONEER MANUFACTURING CO 706.90 94.26PARK AND RECREATION BALANCE SH INVENTORYPIONEER RIM & WHEEL CO 94.26 350.00PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURESPLYMOUTH DRYWALL 350.00 119.59PARK AND RECREATION BALANCE SH INVENTORYPOMP'S TIRE SERVICE INC 119.59 362.00PARK MAINTENANCE G & A TELEPHONEPOPP.COM INC 362.00 1,080.00POLICE G & A LICENSESPOST BOARD 1,080.00 40.43-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSPOTTERS INDUSTRIES INC 628.43PAINTINGOTHER IMPROVEMENT SUPPLIES 588.00 791.94TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEPRECISION LANDSCAPE & TREE 791.94 144.00ARENA MAINTENANCE EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC 144.00 1,056.00DIAL-A-RIDE PROGRAM OTHER CONTRACTUAL SERVICESPRISM EXPRESS MANAGER 1,056.00 66.40PARK AND RECREATION BALANCE SH INVENTORYQUEST ENGINEERING INC 66.40 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 19 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 19Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 120.00FAMILY PROGRAMS OTHER CONTRACTUAL SERVICESRAINBOW PARTY ARTS 120.00 629.65PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURESRANDY'S SANITATION INC 629.65 17.36PARK AND RECREATION BALANCE SH INVENTORYRDO EQUIPMENT CO 17.36 5,096.25COMMUNITY PARTNERSHIPS OTHER CONTRACTUAL SERVICESREACH FOR RESOURCES INC 5,096.25 424.85WATER UTILITY G&A GENERAL CUSTOMERSREAL FIC REALTY INC 424.85 129.21POLICE G & A OFFICE SUPPLIESREGENCY OFFICE PRODUCTS LLC 26.70POLICE G & A OPERATIONAL SUPPLIES 51.50POLICE G & A COMPUTER SUPPLIES 207.41 80.00PARK PAVILIONS REFUNDS & REIMBURSEMENTSREITZEL, KELLI 80.00 340.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESREOPELLE, PETER 340.00 191.52GENERAL REPAIR GENERAL SUPPLIESRHOMAR INDUSTRIES INC 191.52 27.09PARK AND RECREATION BALANCE SH INVENTORYRIGID HITCH INC 27.09 1,913.06WATER UTILITY G&A OTHER IMPROVEMENT SERVICEROBARGE ENTERPRISES INC 1,913.06 18.24WATER UTILITY G&A GENERAL CUSTOMERSROBILLIARD, KATHY 18.24 2,500.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTROG, MARGARET 2,500.00 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 20 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 20Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 199.45ORGANIZED REC G & A MILEAGE-PERSONAL CARROSA, NATE 199.45 136,219.00PARK AND RECREATION BALANCE SH INVENTORYROSENBAUER SOUTH DAKOTA LLC 136,219.00 39.77WATER UTILITY G&A GENERAL CUSTOMERSROSENBLUM, IRVING 39.77 254.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSROTARY CLUB OF SLP 85.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 181.00POLICE G & A MEETING EXPENSE 520.00 2,000.00NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESSABES JEWISH COMMUNITY CENTER 2,000.00 315.00POLICE G & A TRAININGSAFARILAND TRAINING GROUP 315.00 225.00MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICESSALA ARCHITECTS INC 225.00 63.86OPERATIONSGENERAL SUPPLIESSAM'S CLUB 414.47HOLIDAY PROGRAMS GENERAL SUPPLIES 478.33 540.57REC CENTER BUILDING GENERAL SUPPLIESSCAN AIR FILTER INC 540.57 132.06HUMAN RESOURCES RECOGNITIONSCHAAKE COMPANY, AJ 132.06 80.00POLICE G & A LICENSESSECRETARY OF STATE 80.00 1,481.48SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICESSEH 1,481.48 55.99PARK GROUNDS MAINTENANCE GENERAL SUPPLIESSHERWIN WILLIAMS 55.99 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 21 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 21Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 52,512.19TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTSHI INTERNATIONAL CORP 52,512.19 10.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSHRED-IT USA MINNEAPOLIS 10.00FINANCE G & A GENERAL PROFESSIONAL SERVICES 50.00POLICE G & A GENERAL PROFESSIONAL SERVICES 10.00INSPECTIONS G & A GENERAL PROFESSIONAL SERVICES 10.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 90.00 2,413.24GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESSIGN PRODUCERS INC 2,413.24 418.00REC CENTER BUILDING BUILDING MTCE SERVICESIGNATURE MECHANICAL INC 8,189.00PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES 8,607.00 1,372.80EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP FF ASSOC IAFF LOCAL #993 1,372.80 900.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESSMITHSON, EVERETT 900.00 580.98VEHICLE MAINTENANCE G&A SMALL TOOLSSNAP-ON INDUSTRIAL 580.98 2,070.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICESSOURCE WATER SOLUTIONS LLC 2,070.00 1,661.00OPERATIONSTRAININGSPRING LAKE PARK FIRE DEPARTME 1,661.00 1,399.92IT G & A DATACOMMUNICATIONSSPRINT 1,399.92 1,890.62PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDIST CROIX REC CO 1,890.62 300.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESST LOUIS PARK COMMUNITY BAND 300.00 28,314.58ICE RENTAL NON-TAXABLE RENT REVENUEST LOUIS PARK HOCKEY ASSOCIATI City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 22 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 22Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 28,314.58 516.00PATROLTRAININGST PAUL POLICE PROF DEV INSTIT 516.00 216.00HUMAN RESOURCES CITEST PAUL SAINTS 216.00 248.29PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESST PAUL, CITY OF 248.29 188.73FACILITIES MCTE G & A EQUIPMENT MTCE SERVICESTANLEY ACCESS TECH LLC 188.73 177.52PARK AND RECREATION BALANCE SH INVENTORYSTONEBROOKE EQUIPMENT INC 177.52 37.40PARK AND RECREATION BALANCE SH INVENTORYSTREICHER'S 128.24SEWER UTILITY G&A SMALL TOOLS 165.64 36.00INSPECTIONS G & A ELECTRICALSUBURBAN ELECTRIC INC 36.00 27.98PARK AND RECREATION BALANCE SH INVENTORYSUBURBAN GM PARTS 27.98 95.67ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTATSULLIVAN, JACK 95.67 8,920.00REILLY BUDGET GENERAL PROFESSIONAL SERVICESSUMMIT ENVIROSOLUTIONS INC 8,920.00 2,002.23PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICESSUMMIT FIRE PROTECTION 2,002.23 409.20ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 438.42PAVEMENT MANAGEMENT G&A LEGAL NOTICES 222.50MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 1,070.12 4,200.00PERFORMING ARTS OTHER CONTRACTUAL SERVICESSWENSON, STEVEN City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 23 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 23Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 4,200.00 27.04PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIESTARPS INC 27.04 5,750.41SEWER UTILITY G&A OTHERTECH SALES COMPANY 5,750.41 25.00FACILITY ROOM RENTAL RENT REVENUETECHNICAL TOOL PRODUCTS 25.00 95.46ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC 95.46 2,979.15EMPLOYEE FLEX SPEND G&A LONG TERM DISABILITYTHE HARTFORD - PRIORITY ACCOUN 2,979.15 200.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESTHOMPSON, JOHN 200.00 126.00POLICE G & A OTHER CONTRACTUAL SERVICESTHOMSON REUTERS WEST PAYMENT C 126.00 418.22WATER UTILITY G&A GENERAL CUSTOMERSTHORUD, LOWELL 418.22 768.03REC CENTER BUILDING BUILDING MTCE SERVICETHYSSENKRUPP ELEVATOR 768.03 680.58ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 680.58 5,000.00ESCROWSPMC ESCROWTINDALL, JAMES 5,000.00 120.39PARK AND RECREATION BALANCE SH INVENTORYTRI STATE BOBCAT 120.39 47.29PARK AND RECREATION BALANCE SH INVENTORYTRUCK UTILITIES MFG CO 47.29 25.65PARK MAINTENANCE G & A GENERAL SUPPLIESTWIN CITY HARDWARE City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 24 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 24Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 25.65 2,521.76SNOW PLOWING OTHER CONTRACTUAL SERVICESTWIN CITY OUTDOOR SERVICES INC 9,360.00SSD 1 G&A OTHER CONTRACTUAL SERVICES 3,334.00SSD 3 G&A OTHER CONTRACTUAL SERVICES 15,215.76 386.19FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICESUHL CO INC 386.19 748.60SUPERVISORYOPERATIONAL SUPPLIESUNIFORMS UNLIMITED (PD) 261.99PATROLOPERATIONAL SUPPLIES 1,010.59 150.00EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSUNITED STATES TREASURY 150.00 234.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 234.00 691.00HUMAN RESOURCES RECRUITMENTUS HEALTH WORKS MEDICAL GROUP 691.00 257.90HUMAN RESOURCES RECOGNITIONVAIL, LORI 257.90 14,340.44WATER UTILITY G&A OTHER IMPROVEMENT SERVICEVALLEY-RICH CO INC 14,340.44 850.00HUMAN RESOURCES GENERAL PROFESSIONAL SERVICESVAN IWAARDEN ASSOCIATES 850.00 74.18COMMUNICATIONS/GV REIMBURSEABL TELEPHONEVERIZON WIRELESS 74.18 96.06SWEEPINGEQUIPMENT PARTSVIKING INDUSTRIAL CTR 359.51WATER UTILITY G&A OPERATIONAL SUPPLIES 455.57 17.57WATER UTILITY G&A GENERAL CUSTOMERSVORACEK, GRACE 17.57 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 25 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUMLOG23000VO 25Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 215.42COMM DEV PLANNING G & A TRAININGWALTHER, SEAN 215.42 590.83PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDIWASTE MANAGEMENT OF WI-MN 6,144.56SOLID WASTE COLLECTIONS MOTOR FUELS 61,919.10SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE 25,860.33SOLID WASTE COLLECTIONS YARD WASTE SERVICE 26,532.44SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE 121,047.26 203.88INSTALLATIONOTHER IMPROVEMENT SUPPLIESWAYTEK 25.52PARK AND RECREATION BALANCE SH INVENTORY 35.24GENERAL REPAIR GENERAL SUPPLIES 264.64 4,304.33WATER UTILITY G&A EQUIPMENT MTCE SERVICEWEBER ELECTRIC 4,304.33 800.50OPERATIONSTRAININGWENCK ASSOCIATES INC 800.50 193.57PARK AND RECREATION BALANCE SH INVENTORYWERNER ELECTRIC SUPPLY 193.57 707.34GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESWHEELER HARDWARE 3,138.56REC CENTER BUILDING BUILDING MTCE SERVICE 1,360.00AQUATIC PARK MAINTENANCE EQUIPMENT MTCE SERVICE 1,698.28UNINSURED LOSS G&A UNINSURED LOSS 6,904.18 1,800.00SEWER UTILITY G&A TRAININGWHITE ROCK CONSULTANTS 1,800.00 14,932.94GENERAL BUILDING MAINTENANCE ELECTRIC SERVICEXCEL ENERGY 24.87OPERATIONSEMERGENCY PREPAREDNESS 29,157.60PUBLIC WORKS OPS G & A ELECTRIC SERVICE 3,396.00PARK MAINTENANCE G & A ELECTRIC SERVICE 31.21BRICK HOUSE (1324)ELECTRIC SERVICE 60.27WW RENTAL HOUSE (1322)ELECTRIC SERVICE 425.46WESTWOOD G & A ELECTRIC SERVICE 13,675.67ENTERPRISE G & A ELECTRIC SERVICE 24,245.44WATER UTILITY G&A ELECTRIC SERVICE City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 26 4/30/2013CITY OF ST LOUIS PARK 12:48:30R55CKSUM LOG23000VO 26Page -Council Check Summary 4/26/2013 -4/6/2013 Vendor AmountBusiness Unit Object 1,932.50REILLY BUDGET ELECTRIC SERVICE 3,656.72SEWER UTILITY G&A ELECTRIC SERVICE 1,884.05STORM WATER UTILITY G&A ELECTRIC SERVICE 248.80OPERATIONSELECTRIC SERVICE 93,671.53 29,798.44PARK AND RECREATION BALANCE SH INVENTORYYOCUM OIL CO INC 29,798.44 32.02WATER UTILITY G&A GENERAL CUSTOMERSYOUNG, BARBARA 32.02 147.82NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESZANDER, LOIS 147.82 443.42PARK AND RECREATION BALANCE SH INVENTORYZIEGLER INC 1,240.53GENERAL REPAIR EQUIPMENT MTCE SERVICE 1,683.95 185.66ORGANIZED REC G & A PRINTING & PUBLISHINGZIP PRINTING 185.66 Report Totals 1,496,734.83 City Council Meeting of May 6, 2013 (Item No. 4p) Title: Vendor Claims Page 27 Meeting: City Council Meeting Date: May 6, 2013 Public Hearing Agenda Item: 6a EXECUTIVE SUMMARY TITLE: Establishment of the Eliot Park Tax Increment Financing District and Related TIF Plan RECOMMENDED ACTION: Conduct Public Hearing and Adopt Resolution establishing the Eliot Park Tax Increment Financing District within Redevelopment Project No. 1 and approving the related TIF Plan. POLICY CONSIDERATION: Does the City Council support the establishment of the Eliot Park Tax Increment Financing District to facilitate the construction of a housing development at 6800 and 6720 Cedar Lake Road? (The EDA will have considered the above action earlier in the evening.) SUMMARY: Hunt Associates’ application for Tax Increment Financing (TIF) assistance in connection with the redevelopment of 6800 and 6720 Cedar Lake Road (former Eliot School property) was reviewed at the February 25th Study Session where it received consensus support. Constructing the proposed Eliot Park project is not economically feasible without some financial assistance. At its March 18th meeting, the City Council set a public hearing date of May 6, 2013 for consideration of the proposed Eliot Park Redevelopment TIF District. It is now time to take the final step in the TIF process which is to formally authorize the creation of the TIF district. Such authorization enables the EDA to use tax increment generated from the proposed Eliot Park project to Hunt Associates as reimbursement for qualified costs incurred in the construction of the proposed project. FINANCIAL OR BUDGET CONSIDERATION: Authorizing the establishment of the Eliot Park TIF District does not, in itself, commit the City to any specific level of financial assistance for the proposed project. Procedurally, it simply creates the funding vehicle to reimburse the Redeveloper for a portion of its qualified project costs. The terms and amount of TIF assistance are specified within the Redevelopment Contract with Eliot Park Apartments, LLC which is scheduled for consideration May 20th. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Resolution Hennepin County Memo - Redevelopment TIF District - Eliot Park Overview & Eliot Park TIF Plan (see EDA staff report) Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Deno, EDA Deputy Executive Director/Deputy City Manager City Council Meeting of May 6, 2013 (Item No. 6a) Page 2 Title: Establishment of the Eliot Park Tax Increment Financing District and Related TIF Plan DISCUSSION BACKGROUND: Hunt Associates has a purchase agreement with Independent School District 283 to acquire the former Eliot School property (located at 6800 and 6720 Cedar Lake Road) for $2,075,000. The firm proposes to raze the existing school building and construct a $25 million residential development on the site consisting of 138 market rate apartment units (distributed between two buildings) and two single family homes. Both apartment buildings would be staggered in height with two and three stories so as to blend into the surrounding single family neighborhood and would feature structured underground parking. The proposed single family home lots at the north end of the site would be sold to a different development group. The proposed site plan includes areas for a stormwater pond; sidewalks; landscaping; and small children’s play area. Request for Tax Increment Assistance In order to pursue this project Hunt Associates applied for tax increment assistance from the EDA to offset a portion of the extraordinary costs of redeveloping the site such as hazardous waste abatement within the former school building, demolition and constructing Eliot Park in conformance with the Eliot Community Center Site Reuse Study / Design Guidelines. Hunt Associates’ preliminary sources and uses statements, cash flow projections, and investor rate of return (ROR) related to Eliot Park were reviewed by Staff and Ehlers & Associates. The estimates were found to be reasonable and within industry standards for this type of redevelopment. It was also concluded that constructing Eliot Park inclusive of the extraordinary site and building costs noted above was not economically feasible without some financial assistance from the EDA. Upon analysis by Ehlers and Staff, and discussion with Hunt Associates, it was determined that $1.1 million in tax increment assistance would allow the project to move forward. Providing assistance makes it possible to construct a high quality housing development on a former tax exempt property. This proposed amount is consistent with other similar sized multi-family residential developments the EDA has previously assisted. The EDA’s participation would leverage approximately $25 million in new investment. The ratio of private to public investment in the project is $23 to $1. As a percentage of total project cost the requested amount of financial assistance is approximately 4%. Upon project completion, tax increment generated from the increased value of the property would be provided to Hunt Associates on a "pay-as-you -go" basis, which is the preferred financing method under the City's TIF Policy. Eliot Park meets the requirements of a Redevelopment TIF District (25 year TIF District). Under such a TIF district, the proposed project would generate the requested $1.1 million in approximately 6.5 years. TIF District Approvals The EDA/City Council reviewed Hunt Associates’ TIF application at the February 25th Study Session. Following discussion there was consensus support for favorably considering the project and the Redeveloper’s request for financial assistance. As a result, staff was directed to call for a public hearing on the proposed TIF district and to begin drafting a formal redevelopment contract with Hunt Associates. City Council Meeting of May 6, 2013 (Item No. 6a) Page 3 Title: Establishment of the Eliot Park Tax Increment Financing District and Related TIF Plan At its March 18th meeting, the City Council set a public hearing date of May 6, 2013 for consideration of the proposed Eliot Park Redevelopment TIF District. The Planning Commission reviewed the Eliot Park Tax Increment Financing Plan on April 17th, as required by the TIF Act, and determined it was in conformance with the City’s Comprehensive Plan. A report on the potential business terms that would serve as the basis for a development contract with Hunt Associates was submitted at the April 22nd Study Session. Synopsis of the Proposed TIF District In order to provide the Redeveloper with the proposed financial assistance a new redevelopment TIF district must be established. The proposed Eliot Park TIF District consists of two parcels: 6800 and 6720 Cedar Lake Road. Attached is an Overview which summarizes the basic elements of the proposed TIF District. Details of the proposed TIF District may be found in the attached Eliot Park TIF District Plan. Both the Overview and TIF Plan were prepared by the EDA’s TIF consultant, Ehlers & Associates. In a general sense, TIF plans may be viewed as enabling legislation. They establish the proposed TIF district’s classification, geographic boundaries, maximum duration, maximum budget authority for tax increment revenues and expenditures, fiscal disparities election as well as estimated impact on various taxing jurisdictions along with findings which statutorily qualify the district. The specific mutual obligations between the EDA and the Redeveloper as well as the precise terms of the financial assistance are contained in the separate Contract for Private Redevelopment between the parties (to be considered May 20th). Both the TIF Plan and the Redevelopment Contract need to be approved in order for economic development or redevelopment projects involving tax increment to proceed. The proposed Eliot Park TIF District is within the city’s Redevelopment Project Area as is statutorily required. Inclusion of the proposed project within a designated Redevelopment Project Area gives the EDA/Council the authority to assist with all the redevelopment actions necessary to implement the Eliot Park project. Duration of the District Under the TIF Act, the duration of redevelopment districts is up to 25 years after receipt of the first increment by the City (a total of 26 years of tax increment). The date of receipt by the City of the first tax increment is expected to be either 2015 or 2016. Thus, the full term of the district is estimated to terminate in 2040 or 2041. The EDA and City have the right to decertify the District prior to the legally required date. As previously indicated, the City’s expressed obligations to the Redeveloper will likely be satisfied in less than 6.5 years. Soon thereafter, the City would likely terminate the district. TIF District Budget It should be noted that the financing uses and project costs reflected within the Uses of Funds (Section 2-10) of the proposed TIF Plan is a not-to-exceed budget and not the actual expected project budget. Fiscal Disparities Election The proposed development will not contain any commercial or industrial property therefore the TIF District is exempt from the fiscal disparities calculation. However, because it is a redevelopment TIF district the City/EDA is required to make a fiscal disparities election within City Council Meeting of May 6, 2013 (Item No. 6a) Page 4 Title: Establishment of the Eliot Park Tax Increment Financing District and Related TIF Plan the TIF Plan. Thus, the TIF Plan states that the Eliot Park TIF District will contribute to fiscal disparities (as opposed to the tax base of the City making the contribution). This is consistent with the City’s TIF Policy and past practice. Feasibility of the Eliot Park TIF District Last fall, LHB, Inc. was retained to conduct a state-required inspection to determine if the proposed project site qualified as a redevelopment TIF district. LHB’s Report of Inspection Procedures and Results for Determining Qualifications Of A Tax Increment Financing District As A Redevelopment District: Eliot Park District, St. Louis Park, MN dated October 29, 2012 concluded that the proposed site met both the “Coverage Test” and the “Condition of Buildings Test” and thus qualified under Minnesota Statutes Section 479.174, Subdivision 10 as a redevelopment TIF district. PRESENT CONSIDERATIONS: None NEXT STEPS: The Redevelopment Contract with Eliot Park Apartments, LLC which specifies the terms and amount of TIF assistance is scheduled for EDA consideration May 20th. City Council Meeting of May 6, 2013 (Item No. 6a) Page 5 Title: Establishment of the Eliot Park Tax Increment Financing District and Related TIF Plan CITY OF ST. LOUIS PARK HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 13-____ RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1, ESTABLISHING THE ELIOT PARK TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR BE IT RESOLVED by the City Council (the "Council") of the City of St. Louis Park, Minnesota (the "City"), as follows: Section 1. Recitals 1.01. The Board of Commissioners of the St. Louis Park Economic Development Authority (the "EDA") has heretofore established Redevelopment Project No. 1 and adopted the Redevelopment Plan therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the Redevelopment Plan for Redevelopment Project No. 1 (the "Redevelopment Plan Modification") and establish the Eliot Park Tax Increment Financing District (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1799, all inclusive, as amended (the "Act"), all as reflected in the Plans and presented for the Council's consideration. 1.02. The City has investigated the facts relating to the Plans and has caused the Plans to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Hennepin County and Independent School District No. 283 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission on April 17, 2013, approval of the Plans by the EDA on May 6, 2013, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the ''Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports, including the redevelopment qualifications reports and planning documents, include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05. The City is not modifying the boundaries of Redevelopment Project No. 1, but is modifying the Redevelopment Plan therefor. City Council Meeting of May 6, 2013 (Item No. 6a) Page 6 Title: Establishment of the Eliot Park Tax Increment Financing District and Related TIF Plan Section 2. Findings for the Adoption and Approval of the Redevelopment Plan Modification. 2.01. The Council approves the Redevelopment Plan Modification, and specifically finds that: (a) the land within the Project area would not be available for redevelopment without the financial aid to be sought under the Redevelopment Plan Modification; (b) the Redevelopment Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Redevelopment Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of Eliot Park Tax Increment Financing District 3.01. The Council hereby finds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10(a)(1) of the Act. 3.02. The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Plans conforms to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The Council further finds that the EDA has elected to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means any fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Plans 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Economic Development Director. City Council Meeting of May 6, 2013 (Item No. 6a) Page 7 Title: Establishment of the Eliot Park Tax Increment Financing District and Related TIF Plan 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Hennepin County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the St. Louis Park Economic Development Authority is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The Economic Development Director is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. Reviewed for Administration Adopted by the City Council May 6, 2013 City Manager Mayor Attest: City Clerk City Council Meeting of May 6, 2013 (Item No. 6a) Page 8 Title: Establishment of the Eliot Park Tax Increment Financing District and Related TIF Plan EXHIBIT A RESOLUTION NO. 13-____ The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for the Eliot Park Tax Increment Financing District (District), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, are as follows: 1. Finding that the District is a redevelopment district as defined in M.S., Section 469.174, Subd. 10(a)(1). The District consists of 2 parcels, with plans to redevelop the area for residential purposes. At least 70 percent of the area of the parcels in the District is occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures, and more than 50 percent of the buildings in the District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. (See Appendix F of the TIF Plan.) 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: The site is occupied by a former school building. The proposed development—138 units of apartments—will require demolition and clearance of the site, including costly hazardous waste abatement within the school building. Further, based on analysis of the developer's pro forma, the City has determined that a gap needs to be filled through tax increment in order to make the proposed development financially feasible. The City therefore does not believe the proposed housing facility is likely to occur without the assistance described in this TIF Plan. While the property could be sold to another developer for some other use, other development scenarios are not feasible in the market due to various constraints. First, adaptive reuse of the building would produce far less market value than the proposed 138- unit housing facility. Second, commercial development is not feasible due to inadequate market location and it is unlikely that spot zoning would be supported (changing the zoning to commercial for only one parcel) due to the surrounding land use, which is predominately residential and consists of single-family homes. The City has required the developer to abide by a "look back" provision, which measures the actual development costs versus the project revenues and costs. If the developer achieves a higher than market rate return, the amount of TIF assistance will be reduced. City Council Meeting of May 6, 2013 (Item No. 6a) Page 9 Title: Establishment of the Eliot Park Tax Increment Financing District and Related TIF Plan The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan: This finding is justified on the grounds that the cost of site and public improvements add to the total redevelopment cost. It should be noted that any alternative redevelopment scenario faces the same high land cost, demolition/clearance costs and structured parking costs faced by the proposed developer, and in the City's experience, properties with challenges similar to those posed by this property have not been redeveloped in St. Louis Park without significant public assistance. The City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. Therefore, the City concludes as follows: a. The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment financing is $0. b. If the proposed development occurs, the total increase in market value will be $15,650,420 (see Appendix D and G of the TIF Plan) c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $4,931,183 (see Appendix D and G of the TIF Plan). d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $10,719,237 (the amount in clause b less the amount in clause c) without tax increment assistance. 3. Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project No. 1 by private enterprise. The project to be assisted by the District will result in increased and diversified housing stock in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the City and State, and the addition of a high-quality development in the City. Through the implementation of the TIF Plan, the EDA or City will increase the availability of safe and decent life-cycle housing in the City. Meeting: City Council Meeting Date: May 6, 2013 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: First Reading of Background Checks Ordinance Amendment RECOMMENDED ACTION: Motion to Approve First Reading of an Ordinance amending the St. Louis Park Code of Ordinances Chapter 16 relating to criminal history background checks. POLICY CONSIDERATION: Does the Council wish to amend the City code regarding criminal history background checks? SUMMARY: A background check ordinance that was revised earlier this year requires all City employees and volunteers to have a background check. It has come to our attention that this is a significant change to our City’s volunteer program and could result in discouraging our residents from participating in volunteer activities with the City. There are a number of volunteer opportunities that do not deal in any safety sensitive area and where a background check may be unnecessary. One example is volunteers who sign up for the Beautify the Park cleanup work. We coordinate hundreds of volunteers to pick up litter in parks, roadways, trails and sidewalks in our City, and a number show up on the day of the events. We arrange for groups of school children and companies such as Target and General Mills to send big groups of employees to volunteer to pick up trash in our parks and lakes. It appears administratively impractical and unnecessary to require backgrounds for these types of volunteer activities, and in fact may discourage these organizations from volunteering in our City. We believe there are a number of other instances where background investigation would not be needed and ask that the City Council consider adding back the underlined language as follows: (b) Criminal History Employment and Volunteer Background Investigations. The St. Louis Park Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for all part-time or full-time employment and volunteer positions. This amendment had the following language removed, based on Council direction: with the City unless the City Manager concludes that a background investigation is not necessary, such as in one-time volunteer and election judge examples. Further, we ask that Council gives the City Manager the administrative authority to waive a background if it is deemed not necessary during the time from the first reading through formal adoption. Second reading is scheduled for May 20, 2013. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Proposed Ordinance Prepared by: Ali Fosse, HR Coordinator and Nancy Deno Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of May 6, 2013 (Item No. 8a) Page 2 Title: First Reading of Background Checks Ordinance Amendment DISCUSSION BACKGROUND: Since 2008, law enforcement agencies have been permitted to conduct Minnesota criminal history background checks for employment and licensing purposes if an ordinance has been enacted requiring that the background check be conducted. On March 4 and March 18, 2013, the City Council held the first and second reading updating the Background Checks Ordinance amendment. In the past, the language was as follows and included the underlined information: Criminal History Employment and Volunteer Background Investigations. The St. Louis Park Police Department is hereby required, as the exclusive entity within the city, to do a criminal history background investigation on the applicants for all part-time or full-time employment and volunteer positions with the City, unless the City Manager concludes that a background investigation is not necessary. After discussion, the underlined statement above was removed and the ordinance was approved. The effect of this change was that ALL volunteer positions are now subject to criminal history background checks. This language change has caused a significant change and added administrative red tape for hundreds of volunteers. In the past, the City Manager had been able to waive a criminal history background for many of these volunteers. The following is a partial list of volunteer activities that are affected by this change. Examples of volunteer work that had not required background checks in the past: • One time volunteer events where participants are not directly in contact with children or operate motorized vehicles. Examples include:  Pick-up the Park – Beautify the Park activities  Special Event Volunteers: Directing traffic, handing out water at 5k, maintenance and clean up, shrub/tree planting on Earth Day • Ongoing volunteer events that do not include working directly with City staff or children, or operate motorized vehicles. Examples include:  Garden Planting  Adopt-a-Park, Adopt-a-Garden  Nature Center Maintenance These are a few examples where, in our opinion, background checks are not needed. Another area where we have not required this in the past is with our election judges. As we move ahead and continue to grow the volunteer program and/or fill one time requests, we anticipate there will be more instances where the City Manager could reasonably determine there is no need for a background for specific types of volunteering. RECOMMENDED ACTION: We ask that this policy question return to the Council and revise Criminal History Employment and Volunteer Background Investigations and add the language: with the City unless the City Manager concludes that a background investigation is not necessary, such as in one-time volunteer and election judge examples. This request is based on business needs with our volunteer program. City Council Meeting of May 6, 2013 (Item No. 8a) Page 3 Title: First Reading of Background Checks Ordinance Amendment ORDINANCE NO. ____-13 AN ORDINANCE AMENDING THE ST. LOUIS PARK CODE OF ORDINANCES SECTION 16-33 RELATING TO CRIMINAL BACKGROUND CHECKS THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. That Section 16-33 (b) of the Code of Ordinances of St. Louis Park, Minnesota, is hereby amended to read as follows: Sec. 16-33. Applicants for City Employment and Volunteer Positions. (b) Criminal History Employment and Volunteer Background Investigations. The St. Louis Park Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for all part-time or full-time employment and volunteer positions with the City, unless the City Manager concludes that a background investigation is not necessary, such as in one-time volunteer and election judge examples. SECTION 2. This Ordinance shall take effect fifteen days after its publication. First Reading May 6, 2013 Second Reading May 20, 2013 Date of Publication May 30, 2013 Date Ordinance takes effect June 14, 2013 Reviewed for Administration: Adopted by the City Council May 20, 2013 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting: City Council Meeting Date: May 6, 2013 Action Agenda Item: 8b EXECUTIVE SUMMARY TITLE: Healthy Eating and Active Living Policy RECOMMENDED ACTION: Motion to Adopt Resolution and the Healthy Eating and Active Living Policy. POLICY CONSIDERATION: Does the City Council support the proposed policies identified by city staff in the attached resolution and Healthy Eating and Active Living policy? SUMMARY: Last year the City Council adopted Resolution 12-077 authorizing the City of St. Louis Park to participate in the Minnesota GreenStep Cities Program and directing city staff to identify best practices for further development and promotion, including adoption of an Active Living Policy. Active Living is a way of life that integrates physical activity into daily routines and destinations, through activities such as walking and bicycling. The Minnesota GreenStep Cities Program recognizes that Active Living supports efficient and healthy development patterns. Also, the City has partnered with Active Living Hennepin County since 2006. City of St. Louis Park understands the connections between health and the environment. It is clearly reflected in the Vision St. Louis Park, Comprehensive Plan goals, the City’s support for transit, the Connect the Park! (pedestrian and bicycling improvements) initiative, partnerships with Park Nicollet and other local employers and community organizations, and the City’s employee wellness program. The proposed policy has incorporated Healthy Eating, as well as Active Living policies, to more holistically address community health. The E-Group, an interdepartmental group tasked with advancing environmental initiatives, recommends the attached Healthy Eating and Active Living Policy. This item was previously submitted for City Council review as a written report in the March 11, 2013 study session agenda. FINANCIAL OR BUDGET CONSIDERATION: There are no new direct costs associated with policy. Individual policies, programs or strategies identified in the policy that do entail costs had previous review and support from the City Council (i.e. Employee Wellness Program). 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: Resolution & Policy Prepared by: Sean Walther, Senior Planner Reviewed by: Michele Schnitker, Housing Supervisor Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of May 6, 2013 (Item No. 8b) Page 2 Title: Healthy Eating and Active Living Policy RESOLUTION NO. 13-____ CITY OF ST. LOUIS PARK, MINNESOTA APPROVING A HEALTHY EATING AND ACTIVE LIVING POLICY WHEREAS, the strategic directions from Vision St. Louis Park state that “St. Louis Park is a connected and engaged community,” and “is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business;” and WHEREAS, in 2012, the City of St. Louis Park adopted a Resolution 12-077 authorizing the City of St. Louis Park to participate in the Minnesota GreenStep Cities Program and directing city staff to identify a best practices for further development and promotion, including adoption of an Active Living Policy; and WHEREAS, the City’s Environmental Group (E Group), an internal interdepartmental workgroup, supports the Vision in being good stewards of the environment, is actively involved in environmental activities and best practices outlined in the Minnesota GreenStep Cities Program, and recommends the Healthy Eating Active Living Policy. WHEREAS, Active Living Hennepin County is a partnership of cities, businesses and nonprofits working together to increase opportunities for active living through policy change and infrastructure planning. The group was launched in 2006 with funding from Blue Cross Blue Shield of Minnesota and Hennepin County; and WHEREAS, the City of St. Louis Park has been partner in Active Living Hennepin County since 2006; and WHEREAS, in 2008, the City of St. Louis Park adopted Resolution 08-046 in support of the mission, vision and goals of Active Living Hennepin County; and WHEREAS, physical inactivity and poor nutrition are leading causes contributing to increasing rates of obesity and other chronic diseases; and WHEREAS, obesity is recognized by the United States Center for Disease Control and Prevention as a public health epidemic that calls for preventative actions by local communities to reduce this threat to community health, well-being, and prosperity; and WHEREAS, more than half of Hennepin County adults are overweight or obese and therefore at risk for many chronic conditions including diabetes, heart disease, cancer, arthritis, stroke, and, hypertension; and WHEREAS, health problems associated with physical inactivity and poor nutrition affect Hennepin County through reduced quality of life and higher medical costs (over $1 billion in Hennepin County per year); and WHEREAS, the City of St. Louis Park has an interest to preserve, promote, and improve the health of its citizens by taking action to increase healthy eating and active living within its jurisdiction; City Council Meeting of May 6, 2013 (Item No. 8b) Page 3 Title: Healthy Eating and Active Living Policy NOW, THEREFORE, BE RESOLVED, that the City Council hereby declares that the City of St. Louis Park will seek opportunities and establish mechanisms to support individual, community, and environmental efforts to improve the public’s health by encouraging the development and implementation of policies and practices that support and promote healthy eating and active living among citizens of the City of St. Louis Park, as set forth herein; and BE IT FURTHER RESOLVED, that the City Council hereby adopts the following Healthy Eating Active Living Policy: City of St. Louis Park Healthy Eating and Active Living Policy May 6, 2013 Guiding Principles 1. Daily physical activity improves health and can reduce levels of obesity or chronic diseases, such as type 2 Diabetes or heart disease. 2. Built environments with accessible destinations, integrated transportation networks and inviting design promote physically active and safe options. 3. Programs and policies inclusive of all cultures and abilities can help reduce health disparities. 4. Public participation and awareness of the benefits and opportunities related to healthy eating and active living are increased through effective communication strategies. Acknowledgement of Current Practices The City Council acknowledges that the City of St. Louis Park has established a high quality of life for its citizens in the community and currently provides a variety of resources and services (i.e. facilities, parks, trails, sidewalks, programs, services, events, etc.) for people of all ages and abilities to lead a healthy lifestyle. The intent of this policy is for the City Council to advocate for the continued sustainability of existing offerings while recognizing opportunities to add or improve policies and practices. Policies I. Built Environment The City of St. Louis Park recognizes that the built environment influences active living opportunities, and that the City of St. Louis Park influences the built environment at many scales through infrastructure investments, land use policies and regulations, and City financial assistance. The City will: 1. Prioritize access to multiple modes of transportation when selecting sites for City facilities and buildings. 2. Integrate active living elements into the design of City buildings and interior spaces (i.e. highly visible stairways, orientation to streets and sidewalks, bicycle facilities, and transit stops near main building entries, etc.). 3. Plan and construct a built environment that encourages walking, biking and other forms of physical activity. 4. Increase walking and biking connectivity between residential neighborhoods and schools, parks, recreational resources, transit service, retail and employment. 5. Support a safe and efficient regional public transit system, including dial-a-ride, bus, light rail, and commuter rail services. City Council Meeting of May 6, 2013 (Item No. 8b) Page 4 Title: Healthy Eating and Active Living Policy 6. Utilize Complete Streets principles to design and maintain streets in a manner that is appropriate to the community context and safe for all users, including pedestrians, bicyclists and transit passengers of all ages and abilities, as well as trucks, buses and automobiles. II. Natural Environment City of St. Louis Park recognizes that nature plays a vital role in human health and well-being, and that the City’s parks and open spaces provide access to nature for individuals in St. Louis Park. 1. Maintain Westwood Hills Nature Center as the focal point of the City’s park system, providing and preserving all of the inherent healthy benefits of a natural experience within its woods, marsh and prairie environs, while promoting and supporting, through programs and leisure, varied levels of activities aimed at diverse physical abilities and ages. 2. Support efforts to improve the water quality of Minnehaha Creek and to provide access for passive and active enjoyment of this natural resource. III. Services and Programs City of St. Louis Park provides training, programs and services to the community and its employees in an effort to promote healthy lifestyles. The City will (continue to): 1. Evaluate and provide programs and community events that are inclusive to people of all ages and abilities, and eliminate as many participation barriers (i.e. disability, financial, etc.) as possible for the delivery of outstanding service. 2. Seek opportunities to incorporate physical activity and information at community events. 3. Offer athletics, fitness and other active living and recreation programs. 4. Manage several community gardens. Also, mentor, advise, assist and collaborate with businesses and neighborhoods in development, maintenance and management of privately-owned and operated community gardens. 5. Provide an array of volunteer opportunities that emphasize outdoors, physical activity, nature, and community (i.e. Adopt-a-Park, Citizen Assisted Lake Monitoring Program, Adopt-a-Garden, Beautify the Park, Parktacular, etc.). IV. Promotion and Partnerships City of St. Louis Park will promote healthy eating and active living through its publications and develop/maintain community partnerships to encourage healthy eating and active living opportunities. The City will (continue to): 1. Expand community access to indoor and outdoor facilities through joint use agreements with schools and/or other partners. 2. Help promote local events and programs that encourage healthy eating and active living. V. Employee Wellness City of St. Louis Park recognizes that employees that practice healthy eating and active living help to contain health care, transportation, and other costs, in addition to preventing adverse health and environmental outcomes. In order to promote wellness within City of St. Louis Park, and to set an example for other employers, the City has adopted and implemented an employee wellness program as follows: City Council Meeting of May 6, 2013 (Item No. 8b) Page 5 Title: Healthy Eating and Active Living Policy 1. Healthy eating encouragement and opportunities including staff events, vending machine contracts, lunch and learn seminars, and other events. 2. Physical activity encouragement and opportunities such as stand up desks, stability ball chairs, mapped out walking routes near city hall, encouraged use of walking meetings and stairways, fitness equipment available for checkout, onsite fitness facility, staff events that encourage wellness, and other events. 3. Ongoing support and encouragement for healthy lifestyles through promotion of events, communication and “spotlights” in city newsletter. 4. Wellness incentive policy, which provides financial rewards for completing certain wellness activities. 5. On-site screening for biometric results and flu shots. 6. Online wellness resources through city Intranet and partner with health insurer and other consultants/vendors. 7. Ongoing innovation and exploration of new well-being opportunities such as the possibility of offering an onsite clinic. V. Healthy Food Access City of St. Louis Park recognizes that good nutrition, in addition to physical activity, is needed to combat obesity. Therefore, the City will (continue to): 1. Periodically evaluate land use policies for health impacts, including access to healthy food (i.e. 2011 Health Impact Assessment of the Comprehensive Plan). 2. Allow, manage, or support in other ways local community gardens and farmer’s markets in order to increase access to healthy food, including fresh fruits and vegetables; 3. Set required percentages for healthy choice options for vending machines located in city owned or leased locations; 4. Encourage nutritional food options at city events, city sponsored meetings, served at city facilities and city concessions, and city programs. Reviewed for Administration: Adopted by the City Council May 6, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: May 6, 2013 Action Agenda Item: 8c EXECUTIVE SUMMARY TITLE: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.) RECOMMENDED ACTION: Motion to Adopt Resolution approving the Conditional Use Permit (CUP) for Yeshiva of Minneapolis, with conditions recommended by staff. POLICY CONSIDERATION: Is the proposed CUP consistent with the zoning ordinance and the Comprehensive Plan? SUMMARY: The Yeshiva of Minneapolis is a Jewish High School for boys. It opened in August of 2012. The Yeshiva is requesting a CUP to operate a school with housing for up to 40 students. The housing will be constructed within the existing walls of the building, so an addition to the building is not proposed, and the existing site plan will not be changed other than what is required to bring the parking lot and landscaping into compliance with City Codes. The subject property is in the Triangle neighborhood, and consists of two parcels. Both parcels are zoned R-3 Two-Family Residence. Parcel 1 is located at the corner of Ottawa Ave S and County Road 25. It is 88,145 square feet. It contains the school building and a single family house. The school building was last used as the B’nai Emet Synagogue. Parcel 2 is 10,800 square feet in area. It is located at the corner of Natchez Ave S and County Road 25. It is improved with a 22 space parking lot that was used as overflow parking for the Synagogue. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Aerial Photo Draft Resolution Excerpt of Planning Commission Minutes Development Plans Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of May 6, 2013 (Item No. 8c) Page 2 Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.) DISCUSSION BACKGROUND: Location: The subject property is located at 3115 Ottawa Ave S. Existing Conditions: The property is the former B’Nai Emet Synagogue. The building is approximately 28,000 square feet in area. There is a small single family home located in the northeast corner of the property. The school has a parking lot that wraps around the south, east and north side of the building. The parking lot is accessed from Ottawa Ave and Natchez Ave. The Yeshiva of Minneapolis purchased the site in 2012, and began operating the school in August of 2012. ZONING ANALYSIS: Proposed Use: The Yeshiva of Minneapolis is proposing to add student housing for up to 40 boys. The students will live on-site during the school year, and will be supervised by an adult that also lives on-site. The student housing will be constructed during the summer of 2013. It will be located within the existing building, so the site plan and exterior of the building will not change from what exists today. The applicant has had several meetings with the Zoning, Building and Fire Departments. They are confident that the interior of the building can be remodeled to accommodate the housing. City Council Meeting of May 6, 2013 (Item No. 8c) Page 3 Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.) Modifications to the building, such as fire sprinklers, separation walls and additional exits will have to be constructed. Student housing and educational uses are further regulated by Hennepin County and the State of Minnesota, so the plans will also be reviewed by those agencies. Zoning Regulations: Conditional Use Permit-Conditions of Approval: Schools (Educational facilities) are allowed in the R-3 zoning district by CUP. The City Council approved a zoning text amendment on April 1, 2013 to allow student housing at educational facilities located in the R-3 zoning district with conditions. A review of the conditions follows: 1. Buildings shall be located at least 50 feet from a lot in an R district. The main school building is located approximately 133 feet from a residential lot to the east, 85 feet from a residential property to the west, and 148 feet from a residential lot to the north. The property to the south, located on the south side of County Road 25, is zoned Industrial. The caretaker’s residence on the Northeast corner of the subject property is located approximately 69 feet from the nearest residential lot. The property meets this requirement. 2. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. There is an existing driveway and parking lot that runs along the south, east and north side of the building. The parking lot is sufficient in size to handle all of the schools parking and loading/unloading needs. 3. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. The outdoor recreation area is located on the west side of the building. It is located 85 feet from a residential property (Park Towers). The property meets this requirement. 4. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. The property is located on the corner of Ottawa Ave S and County Road 25. The main access to this property is located 100 feet from the County Road, and satisfies this requirement. 5. Student housing. At a minimum, the student housing must meet the following conditions: a. No more than 50 students may live on-site. The Yeshiva plans to construct housing for 40 students. b. An outdoor recreation area shall be provided that contains at least 40 square feet per student living at the school. An outdoor recreation area exists on the west side of the building. It is 4,900 square feet in area. The school will have a maximum of 40 students, which requires 1,600 square feet of recreation area. In addition to the on-site recreation area, Skippy Field is also located 600 feet away. The property meets this requirement. City Council Meeting of May 6, 2013 (Item No. 8c) Page 4 Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.) c. The housing must be supervised 24 hours a day, seven days a week by an adult living on- site. The Yeshiva will comply with this requirement. An adult hired by the Yeshiva will live on-site. It is also listed in the resolution as a condition of approval. d. The students living on-site must be actively enrolled in the school as a full-time student. The Yeshiva will comply with this requirement. It is also listed in the resolution as a condition of approval. e. The student housing must be located on the same parcel as the school. The housing and school are to be located within the existing building. Parking City Code requires at least one parking space per four students based on building capacity, plus one space for each two classrooms. The four classrooms have a total capacity of 140 students. A breakdown of the required and proposed parking is as follows: Use Required Provided Met? Educational Facility 39 spaces 74 on-site 7 on-street Yes The site meets the City parking requirements for the current number of classrooms (4). There is sufficient excess parking for special events and significant growth in student enrollment. Landscaping There are eight existing trees on the site. The landscaping ordinance requires at least 23 trees. Therefore, the applicant needs to plant an additional 15 trees on-site. City Code also requires parking lots located within 30 feet of a public right-of-way to be screened from view with a barrier at least 2.5 feet high. This screening needs to be provided along the south and east parking lots. A landscaping plan is attached. It shows the required 23 trees and parking lot screening. Additional landscaping will be provided at the Natchez Ave parking lot, along Natchez Ave S and County Road 25 as requested by the Planning Commission. PLANNING COMMISSION REVIEW: A public hearing was conducted at the Planning Commission on April 17, 2013. No comments were received. The Planning Commission recommended approval of the Conditional Use Permit to allow student housing at Yeshiva of Minneapolis subject to conditions included by staff as well as a recommendation from the Planning Commission to investigate and try to remedy the discrepancy in the 50 ft. setback with the residential lot; and as a suggestion to staff to bring up a discussion of the feasibility of doing landscaping on the accessory parking lot on the east side of the street. (6-0 vote). Meeting minutes are attached. Setback from lot in an R district: The first condition for an Educational Facility located in the R-3 Zoning District is that the buildings must be located at least 50 feet from a lot in an R district. City Council Meeting of May 6, 2013 (Item No. 8c) Page 5 Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.) Staff reviewed the 50 foot setback discrepancy as recommended by the Planning Commission. The original special permit for this site was approved in 1972 for the synagogue. At that time, the single family home was noted as being on the same parcel as the synagogue, and was intended to be used as the residence for the synagogue caretaker. The Special Permit was amended in 1980, and it was noted that the synagogue and home continued to be on the same parcel. The Alta Survey that was provided by the Applicant shows this condition to continue, the synagogue and the house are noted to be on the same parcel (Parcel 1). Staff finds the caretaker’s house is an accessory use, and part of the campus. Therefore, the shortest distance from a building associated with the Yeshiva of Minneapolis to a lot line in an R district is 69 feet measured between the house and the lot line to the north, which is located on the north side of 31st Street. Landscaping along Natchez parking lot: The Applicant agreed to install landscaping along the Highway 7 and Natchez Ave property lines. City Council Meeting of May 6, 2013 (Item No. 8c) Page 6 Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.) Aerial Photo City Council Meeting of May 6, 2013 (Item No. 8c) Page 7 Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.) RESOLUTION NO. 13-____ A RESOLUTION RESCINDING RESOLUTIONS 6695 AND 4747 AND GRANTING CONDITIONAL USE PERMIT FOR AN EDUCATIONAL FACILITY WITH STUDENT HOUSING FOR PROPERTY LOCATED AT 3115 OTTAWA AVENUE SOUTH BE IT RESOLVED, by the City Council of the City of St. Louis Park: Findings 1. Yeshiva of Minneapolis has made application to the City Council for a Conditional Use Permit under Section 36-165(d)(5) of the St. Louis Park Ordinance Code for the purpose of permitting student housing at an educational facility within the R-3 Two-Family Residential District located at 3115 Ottawa Avenue South for the legal description as follows, to-wit: Parcel 1: Lots 1, 2, 3, 4, 5 and 6; That part of Lots 7 and 8 lying Northerly of State Highway Number 7, except the South five feet of said Lot 8; that part of Lot 21 lying Northerly of a line drawn from a point in a line 15 feet East of and parallel to the West line of Block 2, and five feet North of the South line of said Lot 21, thence Southeasterly a distance of 15.81 feet to the South line of said Lot 21 and there terminating; except the West 15 feet of said Lot 21; and Lots 22, 23, 24, 25, 25, 27, and 29, except the West 15 feet of said Lots 22 through 28; all in Block 2 Mazey & Langan’s Addition to St. Louis Park, vacated by Ordinance No. 1245 adopted September 24, 1973, filed October 4, 1973, as Document No. 4045994 (Abstract), and filed October 9, 1973, as Document No. 1088035 (Torrens), lying Northerly of State Highway 7 and Southerly of the Westerly extension of the North line of Lot 1, said Block 2. Hennepin County, Minnesota Abstract Property Torrens Property Torrens Certificate No. 663535 Parcel 2 Lots 24 and 25, Block 2, Oakenwald Addition, St. Louis Park, Minnesota Hennepin County, Minnesota Abstract Property 2. The City Council considered the advice and recommendation of the Planning Commission (Case No. 13-16-CUP) and the effect of the proposed educational facility with student housing on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council determined that the educational facility with student housing will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed student housing is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. City Council Meeting of May 6, 2013 (Item No. 8c) Page 8 Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.) 4. The contents of Planning Case File 13-16-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to allow an Educational Facility with student housing at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibits A-Site Plan and Exhibit B-Landscaping Plan. Both are incorporated by reference herein. 2. Additional landscaping required to screen the parking lot, shall be provided along the County Road 25 and Natchez Ave S 3. All student drop-off and pick-up areas, including stacking lines, must be located on-site. 4. No more than 50 students may live on-site. 5. The student housing must be supervised by an adult that lives on-site 24 hours a day, seven days a week. 6. All residents, except the adult supervisors, must be students that are actively enrolled as a full-time student at the Yeshiva of Minneapolis. 7. The student housing must be located on the same parcel as the school. 8. Residents’ cars must be parked overnight in a garage. 9. The single family home located in the northeast corner of Parcel 1 may be used only for staff housing, classes or storage. It cannot be rented to any persons not employed by Yeshiva to work at this site. 10. Prior to issuing the building permit, the following conditions shall be met: a. Applicant shall submit a financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping. b. Assent form and official exhibits must be signed by the applicant and owner. 11. All new utilities shall be buried. 12. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 13. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 14. Approval of all other required permits, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council May 6, 2013 City Manager Mayor Attest: City Clerk City Council Meeting of May 6, 2013 (Item No. 8c) Page 9 Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.) EXCERPT OF UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA APRIL 17, 2013 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Charlie Dixon (youth member), Claudia Johnston- Madison, Robert Kramer, Dennis Morris, Richard Person, Carl Robertson MEMBERS ABSENT: Larry Shapiro STAFF PRESENT: Greg Hunt, Ryan Kelley, Sean Walther, Nancy Sells 1. Call to Order – Roll Call Chair Robertson introduced Charlie Dixon, the recently appointed Youth Member of the Planning Commission. 2. Approval of Minutes of March 20, 2013 Commissioner Carper moved approval of the minutes of March 20, 2013. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 6-0. 4. Public Hearings A. Conditional Use Permit for Dormitory Location: 3115 Ottawa Ave. S. Applicant: Yeshiva of Minneapolis Case No.: 13-16-CUP Ryan Kelley, Associate Planner, presented the staff report which was prepared by Gary Morrison, Assistant Zoning Administrator. Commissioner Kramer asked where the dormitory will be located in the building. Rabbi Kutoff stated the dormitory will be located on the south side of the building. The entrance area and stage will be removed to accommodate the dormitory area. Commissioner Morris inquired about the separate parcel which is an accessory parking lot opposite the site. He said although the lot is not included in the request for the conditional use permit, the Commission can make conditions. He asked if staff had considered having that parking lot upgraded to the landscaping standards of the school site. Mr. Kelley responded that he did not believe that had been discussed. He said he would ask Mr. Morrison about that. Commissioner Morris asked that it be a consideration that the accessory parking lot be included, saying if the site is being upgraded it would be useful to consider the accessory parking lot also. City Council Meeting of May 6, 2013 (Item No. 8c) Page 10 Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.) Commissioner Morris spoke about condition of approval No. 1 which references that buildings shall be located at least 50 ft. from a lot in an R district, noting that the single family home, owned by Yeshiva, is located approximately five feet from the lot. He said as no remedy is offered it is clearly not in conformance. Rabbi Shlomo Kutoff, director of the school, said the caretaker of the property lives in the single family home. Commissioner Morris replied that the future use was unknown and if it was sold it would still be non-conforming. As regards parking lot landscaping, Rabbi Kutoff said the lot is raised about 6-8 ft. off the street. He added that the caretaker uses the lot. Chair Robertson said the survey exhibit reads as a single lot. He said perhaps it has been replatted and the single family home is included. Commissioner Morris remarked that looking at the outlines it appears that both parcels are part of the conditional use permit request. But actually, the permit is only for the school parcel. Chair Robertson said he agreed this should be looked at. Chair Robertson opened the public hearing. The Chair closed the hearing as no one was present wishing to speak. Commissioner Morris asked if a variance would be an appropriate remedy for the 50 ft. setback. Sean Walther, Senior Planner, responded that is one possibility. He said Mr. Morrison probably approached the property as one campus. Commissioner Morris said he’d like to see the Commission recognize and correct deviations as part of a request. He doesn’t want to set a precedent. He said he could see administrative remedies such as a variance being a condition of the permit, a division of the lot, or a condition on the sale of the lot to include a review of the conditional use permit. He added that the city attorney might make a ruling that it is identified and made a condition of irregularity. Commissioner Person pointed out that the new built out section of the building would be more than 50 feet from the lot line as it is at the south end of the building, making the conditional use portion of the building in compliance. Commissioner Morris made a motion to recommend approval of the Conditional Use Permit to allow student housing at Yeshiva of Minneapolis subject to conditions included by staff as well as a recommendation from the Planning Commission to investigate and try to remedy the discrepancy in the 50 ft. setback with the residential lot; and as a suggestion to staff to bring up a discussion of the feasibility of doing landscaping on the accessory parking lot on the east side of the street. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 6-0. City Council Meeting of May 6, 2013 (Item No. 8c) Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.)Page 11 City Council Meeting of May 6, 2013 (Item No. 8c) Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.)Page 12 City Council Meeting of May 6, 2013 (Item No. 8c) Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.)Page 13 City Council Meeting of May 6, 2013 (Item No. 8c) Title: Conditional Use Permit - Educational Facility with Student Housing (3115 Ottawa Ave. S.)Page 14 Meeting: City Council Meeting Date: May 6, 2013 Action Agenda Item: 8d EXECUTIVE SUMMARY TITLE: Approval of 2013-2018 Solid Waste Collection Contracts RECOMMENDED ACTION: Motion to Adopt Resolution which designates Waste Management for residential garbage and recycling collection services and Advanced Disposal for residential yard waste and organic waste collection services and authorizes the Mayor and City Manager to execute contracts with the respective companies for those services. POLICY CONSIDERATION: Staff seeks input on the following policy questions: 1. Does Council wish to approve these contracts at this time? SUMMARY: Staff recommends that Council adopt the attached Resolution, reviewed by the City Attorney, which reaffirms the Residential Solid Waste Organized Collection System, designates two service providers (Waste Management for garbage and recycling collection services and Advanced Disposal for yard waste and organic collection services), and authorizes execution of the two Agreements for Residential Solid Waste Collection and Disposal Services. Staff recommends selecting Waste Management based on cost, their commitment to expand recycling, and their past satisfactory delivery of services in the City. Staff recommends selecting Advanced Disposal based on cost and their proposed collection method combining both yard waste and organic waste materials in the same truck. The projected five-year cost for the garbage / recycling and yard waste / organic waste contracts is as follows: 1. Waste Management providing residential garbage / recycling collection services at an estimated 5-year projected cost of $5,851,000. 2. Advanced Disposal providing residential yard waste / organic waste collection services at an estimated 5-year projected cost of $3,331,000. 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 Resolution Prepared by: Scott Merkley, Infrastructure Manager Reviewed by: Michael P. Rardin, Director of Engineering Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of May 6, 2013 (Item No. 8d) Page 2 Title: Approval of 2013-2018 Solid Waste Collection Contracts DISCUSSION History The February 11, 2013 Study Session report included a history / summary of the 9 Study Session meetings 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: 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. At the February 19, 2013 study session, staff presented Council with a detailed report outlining the final collection proposals submitted by Advanced Disposal, Allied Waste, Randy’s Sanitation, and Waste Management. The report included an overview of the RFP process, proposal comparisons, cost summaries, evaluation proposals options, policy questions, and staff recommendations. Council agreed with the staff recommendations presented in the February 19th report and directed staff to negotiate contracts for their consideration and approval. At the April 22, 2013 Study Session, staff presented Council with a brief program update and discussing the following: 1. All 12,300 residential customers will receive one 95 gallon recycling cart; cart to be owned by the City. Customers will have the option of changing to a smaller size cart if they desire. 2. Residential customers will be required to sign-up (enroll) for organic waste collection. By doing this, it provides the best opportunity for program success. 3. Residential customers who sign-up for the organic waste collection program will receive one 95 gallon cart; cart to be owned by the City. Customers will have the option of changing to a smaller size cart if they desire. Customers will also receive free 2-gallon and 13-gallon compostable bags from the City. 4. Residential customers will be required to pay a nominal fee to participate in the organic waste collection program. 5. Residential customers who don’t participate in the organic waste collection program will not receive a cart; their yard waste will continue to be collected as it is currently, using their own container or in compostable bags. At the April 22, 2013 study session, staff also presented Council with revenue sharing options. After discussion, Council supported staff’s recommendation and chose Alternate 1, which provides for the City to receive 80% of the net revenues earned. Council expressed concern over revenue calculations and projected revenues and requested staff to obtain actual revenue earnings from other respective cities. Council also requested staff to verify contract audit requirements so contractor information/records could be obtained should future revenue questions or concerns arise. City Council Meeting of May 6, 2013 (Item No. 8d) Page 3 Title: Approval of 2013-2018 Solid Waste Collection Contracts Hennepin County provided us the following revenue sharing revenues and tonnages for the following cities which have revenue sharing with Waste Management using the Alternate 1 methodology: Revenue Sharing Revenues (Curbside) City 2008 2009 2010 2011 2012 Brooklyn Park N/A N/A $173,799 $444,600 $244,137 Brooklyn Center, New Hope, Crystal N/A N/A N/A $232,795 $190,507 Hopkins $14,257 $0 $ 17,761 $ 62,192 $ 26,940 • Brooklyn Park started revenue sharing with Waste Management in 2010. • Hennepin Recycling Group (HRG - Brooklyn Center, New Hope, and Crystal) started revenue sharing with Waste Management in 2011. In 2011 HRG signed a contract extension (2012-2016) to have Waste Management continue to collect recycling using the Alternate 1 revenue sharing methodology. • Hopkins staff stated that the 2009 invoices did not have any revenue sharing information listed on the invoices. The new staff member at Hopkins couldn’t provide any reason why. Tons of Recyclables (Curbside) City 2008 2009 2010 2011 2012 Brooklyn Park 5,713 5,639 5,627 5,667 4,526 Brooklyn Center, New Hope, Crystal 4,925 4,781 4,393 4,529 4,427 Hopkins 828 807 880 927 803 Our contract requires the Contractor to provide access to the City, Hennepin County, or any of their duly authorized representatives to review any contractor books, documents, papers, or records that are directly pertinent to this Agreement for the purpose of making an audit. Contract Terms and Conditions – Garbage and Recycling The major terms of the contract are as follows: • Contract length is five years from October 1, 2013 to September 30, 2018 • Garbage collection will remain weekly with days / routes staying the same as currently exist • Recycling collection will change to single-sort with every-other week collection with days staying the same as currently exist • Recycling is to be collected in City provided recycling carts • Contractor will use CNG (compressed natural gas) trucks for garbage and recycling collection • Garbage will be disposed of at the HERC or other City approved facility • Garbage disposal costs paid to the contractor will be the actual costs the contractor is charged by the disposal facility • Recycling materials will be processed at the Waste Management’s Minneapolis MRF • Recycling materials collected include all materials currently collected and additional materials addressed in the proposal • Contractor will provide recycling end market material processing information • City has right to audit contractor records pertinent to the contract City Council Meeting of May 6, 2013 (Item No. 8d) Page 4 Title: Approval of 2013-2018 Solid Waste Collection Contracts • Recycling revenue sharing per Alternate 1 above • Contractor will provide residents with educational tags for improper set outs • Contractor will host 2 city-wide cleanup days annually • Contractor will provide walk-up service as an optional service to residents • Contractor will provide weekly bulk waste, appliance and electronic collection as an optional service to residents • Contractor will provide a customer service staff to handle collection issues • Contractor will use the City’s electronic database for tracking customer issues • Contractor will provide the City with a variety of required reports • Contractor will assist with public education and participate in City events • Contractor will provide additional services during a disaster • Penalties will be assessed to the Contractor for contract non-compliance • City may terminate the contract upon 30 days written notice for failure to perform • Contractor will indemnify and hold harmless the City against claims, losses, expenses, etc. • Contractor will submit certificates of insurance, as required by the City • Contractor will provide a financial guarantee, as required by the City Contract Terms and Conditions – Yard Waste & Organic Waste The major terms of the contract are as follows: • Contract length is five years from October 1, 2013 to September 30, 2018 • Yard waste collection will remain weekly with days / routes staying the same as currently exist and be collected from April through November • Yard waste and organic waste are to be collected in the City provided organic waste / yard waste cart • Yard waste may be placed in the cart without being bagged, however organics must bagged using city provided compostable bags • Organic waste collection will be weekly and collected year round with days / routes staying the same as currently exist • Yard waste and organic waste will be processed at the SET facility in Empire (southern Dakota Co.) or other City approved facility • Yard waste / organic waste disposal costs paid to the contractor will be the actual costs the contractor is charged by the processing facility • City agrees to pay a fuel surcharge • City has right to audit contractor records pertinent to the contract • Contractor will provide residents with educational tags for improper set outs • Contractor will provide a customer service staff to handle collection issues • Contractor will use the City’s electronic database for tracking customer issues • Contractor will provide the City with a variety of required reports • Contractor will assist with public education and participate in City events • Penalties will be assessed to the Contractor for contract non-compliance • City may terminate the contract upon 30 days written notice for failure to perform • Contractor will indemnify and hold harmless the City against claims, losses, expenses, etc. • Contractor will submit certificates of insurance, as required by the City • Contractor will provide a financial guarantee, as required by the City City Council Meeting of May 6, 2013 (Item No. 8d) Page 5 Title: Approval of 2013-2018 Solid Waste Collection Contracts Public Outreach Program Staff is working with the Communications Coordinator to develop a comprehensive public outreach program to inform customers of the program changes and to sign-up customers for the new organic waste collection program. Information will be provided in a variety of ways including: direct mailings; open house meetings; information booths at city events; staff presentations to neighborhood groups; Park Perspective articles; website articles; social media; videos on Park Update; utility billing stuffers; and articles in the Sun Sailor and Patch. Next Steps / Timeline Below are the major steps needed for implementing the new contracts: Item Completion Date Staff prepares a comprehensive education outreach program Apr 2013 Staff conducts public education outreach with customers May - Sept 2013 Staff signs up customers for organic waste service May – Sept 2013 Contractor procures equipment May - Sept 2013 Study Session update on public outreach and organic sign-up Jul – Aug 2013 Solid Waste Ordinance changes Jun – Aug 2013 Review cart storage requirements Jun – Jul 2013 Review / revise Solid Waste Utility Rates Jul – Oct 2013 Carts and compostable bags are delivered to customers Sept 24, 2013 New collection contract(s) begins Oct 1, 2013 New Utility Rates become effective Jan 1, 2014 City Council Meeting of May 6, 2013 (Item No. 8d) Page 6 Title: Approval of 2013-2018 Solid Waste Collection Contracts RESOLUTION NO. 13-____ RESOLUTION DESIGNATING SERVICE PROVIDERS AND AUTHORIZING CONTRACT WHEREAS, the City reviewed, studied, and discussed desired solid waste collection services over the past year; and WHEREAS, based on various criteria, the City identified Advanced Disposal, Allied Waste, Randy’s Sanitation, and Waste Management as providers they deemed acceptable to respond to the City’s residential garbage, recycling, yard waste, and organic waste collection services Request for Proposals (RFP); and WHEREAS, on November 2, 2012, the City issued a Request for Proposals for the City’s residential garbage, recycling, yard waste, and organic waste collection services to Advanced Disposal, Allied Waste, Randy’s Sanitation, and Waste Management; and WHEREAS, on November 29, 2012, the City reviewed the proposals received from Advanced Disposal, Allied Waste, Randy’s Sanitation, and Waste Management for residential garbage, recycling, yard waste, and organic waste collection services; and WHEREAS, the Council has determined that the proposal received from Waste Management is in the best interests of the City for garbage and recycling collection services considering cost, commitment to expand recycling, and their past delivery of services in the City; and WHEREAS, the Council has determined that the proposal received from Advanced Disposal is in the best interests of the City for yard waste and organic waste collection services considering cost and their co-collection of the two materials. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1) The City reaffirms that its method of organizing residential solid waste collection shall be by ordinance and by contract using two collectors. 2) The City designates Waste Management as the service provider for residential garbage and recycling collection services in the City of St Louis Park, subject to the execution of a contract. 3) The City designates Advanced Disposal as the service provider for residential yard waste and organic waste collection services in the City of St Louis Park, subject to the execution of a contract. 4) The Mayor and City Manager are hereby authorized, on behalf of the City Council, to execute a five-year agreement with Waste Management for residential garbage and recycling collection services in the City commencing on October 1, 2013 in conformance with the provisions developed and established in the proposal by Waste Management and the general terms and conditions considered by Council. City Council Meeting of May 6, 2013 (Item No. 8d) Page 7 Title: Approval of 2013-2018 Solid Waste Collection Contracts 5) The Mayor and City Manager are hereby authorized, on behalf of the City Council, to execute a five-year agreement with Advanced Disposal for residential yard waste and organic waste collection services in the City commencing on October 1, 2013 in conformance with the provisions developed and established in the proposal by Advanced Disposal and the general terms and conditions considered by Council. Reviewed for Administration: Adopted by the City Council May 6, 2013 City Manager Mayor Attest: City Clerk