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Home My WebLink About2013/08/05 - ADMIN - Agenda Packets - City Council - Regular AGENDA AUGUST 5, 2013 7:00 p.m. BOARDS & COMMISSIONS INTERVIEW – Westwood Room 7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY -- Council Chambers 1. Call to Order 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes July 1 , 2013 4. Approval of Agenda 5. Reports 5a. EDA Vendor Claims 6. Old Business -- None 7. New Business 7a. Purchase Agreement: 4601 Highway 7 Recommended Action: Adopt EDA Resolution approving the Purchase Agreement between the EDA and 4601 Highway 7 LLC. 8. Communications -- None 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. Westwood Hills Nature Center Junior Naturalists Recognition 3. Approval of Minutes 3a. Study Session Meeting Minutes July 8, 2013 3b. Special Study Session Meeting Minutes July 15, 2013 3c. City Council Meeting Minutes July 15, 2013 Meeting of August 5, 2013 City Council Agenda 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5. Boards and Commissions -- None 6. Public Hearings -- None 7. Requests, Petitions, and Communications from the Public -- None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Health in the Park Initiative/Blue Cross Blue Shield Funding Recommended Action: Authorize execution and implementation of the Blue Cross Blue Shield (BCBS) Active Living Master Agreement for the “Health in the Park” Initiative. 8b. Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats Recommended Action: Motion to Adopt Resolution amending the Comprehensive Plan Land Use Map from Civic (CIV) to Medium Density Residential (RM) on the Most Holy Trinity site at 3998 Wooddale Avenue South and 4017 Utica Ave South. 9. Communications 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 August 5, 2013 City Council Agenda CONSENT CALENDAR 4a. Approve Second Reading and Adopt Ordinance amending Chapter 36 of the City Code pertaining to parking uses, and to approve the summary ordinance for publication 4b. Adopt Resolution accepting work and authorizing final payment in the amount of $4,540.08 for the 2012 Beltline Boulevard Trail Realignment project with Midwest Asphalt. – Project No. 20112-1307, Contract No. 116-12 4c. Approve a contract with WSB and Associates, Inc. for engineering consulting services related to bridge program administration and design for bridge rehabilitation projects as identified in the Capital Improvement Program (C.I.P.) 4d. Adopt Resolution authorizing installation of parking restrictions on the south side of Excelsior Boulevard at 4811- 4815 Excelsior Boulevard 4e. Adopt Resolution authorizing installation of parking restrictions at the Municipal Lot located at the northwest corner of the intersection of Excelsior Boulevard and Excelsior Boulevard 4f. Confirm the appointment of Jack Sullivan to the position of Interim Engineering Director effective July 15, 2013 4g. Adopt Resolution authorizing final payment in the amount of $76,008.65 and accepting work for Fire Station No. 1 Work Scope 24 (Electrical) for Project No. 2008-3001, City Contract No. 37-11 4h. Adopt Resolution authorizing final payment in the amount of $36,246.05 and accepting work for Fire Station No. 2 Work Scope 24 (Electrical) for Project No. 2008-3002, City Contract No. 40-11 4i. Adopt Resolution authorizing final payment in the amount of $72,487.11 and accepting work for Fire Stations No. 1 and No. 2, Work Scope 01 (Earthwork, Building Demolition, Excavation & Utilities) for Project Nos. 2008-3001 and 2008- 3002, City Contract No. 60-11 4j. Adopt Resolution authorizing final payment in the amount of $11,515.00 and accepting work for Fire Stations No. 1 and No. 2, Work Scope 25 (Landscaping) for Project Nos. 2008-3001 and 2008-3002, City Contract No. 74-11 4k. Approve for filing Housing Authority Meeting Minutes June 12, 2013 4l. 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: Economic Development Authority Meeting Date: August 5, 2013 Minutes: 3a UNOFFICIAL MINUTES ECONOMIC DEVELOPMENT AUTHORITY ST. LOUIS PARK, MINNESOTA JULY 1, 2013 1. Call to Order President Santa called the meeting to order at 6:30 p.m. Commissioners present: President Sue Santa, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, and Jake Spano. Commissioners absent: Jeff Jacobs. Staff present: Executive Director (Mr. Harmening), Director of Community Development (Mr. Locke), Economic Development Coordinator (Mr. Hunt), Controller (Mr. Swanson), Finance Supervisor (Mr. Heintz), and Recording Secretary (Ms. Hughes). 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Minutes May 20, 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 Hallfin, to accept for filing Vendor Claims for the period May 11 through June 21, 2013. The motion passed 6-0 (Commissioner Jacobs absent). 6. Old Business - None 7. New Business 7a. Modification to the Tax Increment Financing Plan for the Victoria Ponds TIF District. EDA Resolution No. 13-06. Economic Development Authority Meeting of August 5, 2013 (Item No. 3a) Page 2 Title: Economic Development Authority Meeting Minutes of July 1, 2013 Mr. Hunt presented the staff report and explained that the approximately $490,000 in remaining pooling funds within the Victoria Ponds TIF District be allocated toward the installation of a traffic signal at 36th and Xenwood Avenue and reconstruction of the intersection and installation of a traffic signal at 36th and Wooddale Avenue. He stated both of these projects are listed in the CIP and are scheduled for completion in 2016. In order to authorize this allocation, the TIF Plan for the Victoria Ponds TIF District must be modified. Commissioner Ross requested further information about how these two projects were selected. Mr. Hunt stated these projects were originally slated to be paid with tax increment from the Elmwood TIF District but it is projected there will be insufficient tax increment within the District in 2016 to pay for these projects. Rather than borrowing funds or increasing the current interfund loan with the Development Fund, it is proposed that the remaining funds from the Victoria Ponds TIF District be used. It was moved by Commissioner Mavity, seconded by Commissioner Spano, to adopt EDA Resolution No. 13-06 Approving a Modification of Redevelopment Plan for Redevelopment Project No. 1 and Tax Increment Financing Plan for Victoria Ponds Tax Increment Financing District. The motion passed 6-0 (Commissioner Jacobs absent). 7b. Defeasance of the 2004A Bonds. EDA Resolution No. 13-07. Mr. Heintz presented the staff report and advised the 2004A bonds were issued to refund the 1996 tax increment bonds used to fund various tax increment costs including the Rec Center project. He stated these bonds were partially defeased in 2009 with the City responsible for approximately $1.4 million in principal and approximately $52,000 in interest costs and by fully defeasing these bonds, the City will save approximately $200,000 in remaining interest costs. He indicated the funding for the defeasance will include $707,500 from the Highway 7 Redevelopment District, $353,750 from the Development Fund, and $353,750 from the Permanent Improvement Revolving Fund and is consistent with the City’s Long Range Financial Management Plan. It was moved by Commissioner Sanger, seconded by Commissioner Mavity, to adopt EDA Resolution No. 13-07 Authorizing Authority Funds for the Redemption of the City of St. Louis Park’s General Obligation Tax Increment Refunding Bonds, Series 2004A. The motion passed 6-0 (Commissioner Jacobs absent). 7c. Decertification of Excelsior Boulevard HSTI Subdistrict. EDA Resolution No. 13-08. Mr. Hunt presented the staff report and stated the EDA previously reviewed the TIF Management Review & Analysis Report prepared by Ehlers indicating that the Excelsior Boulevard HSTI Subdistrict and the Oak Hill II TIF District need to be decertified for pay 2014. He advised that all obligations of the Excelsior Boulevard HSTI Subdistrict Economic Development Authority Meeting of August 5, 2013 (Item No. 3a) Page 3 Title: Economic Development Authority Meeting Minutes of July 1, 2013 have been satisfied and the Oak Hill II TIF District needs to be decertified because qualifying activities did not occur within the required time frame so it no longer qualifies as a TIF District. It was moved by Commissioner Ross, seconded by Commissioner Mavity, to adopt EDA Resolution No. 13-08 Approving the Decertification of the Hazardous Substance Subdistrict within the Excelsior Boulevard Tax Increment Financing District. The motion passed 6-0 (Commissioner Jacobs absent). 7d. Decertification of Oak Hill II TIF District. EDA Resolution No. 13-09. It was moved by Commissioner Ross, seconded by Commissioner Hallfin, to adopt EDA Resolution No. 13-09 Decertifying Oak Hill II Tax Increment Financing District. The motion passed 6-0 (Commissioner Jacobs absent). 8. Communications 8a. Property Acquisition Update: 4601 Highway 7 Mr. Harmening presented the staff report. 9. Adjournment The meeting adjourned at 6:39 p.m. ______________________________________ ______________________________________ Secretary President Meeting: Economic Development Authority Meeting Date: August 5, 2013 Agenda Item: 5a EXECUTIVE SUMMARY TITLE: EDA Vendor Claims RECOMMENDED ACTION: Motion to accept for filing EDA Vendor Claims for the period June 22 through July 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 7/29/2013CITY OF ST LOUIS PARK 12:56:06R55CKSUM LOG23000VO 1Page -Council Check Summary 7/26/2013 -6/22/2013 Vendor AmountBusiness Unit Object 18,400.00PUBLIC ART OTHER CONTRACTUAL SERVICES11TH HOUR HEROICS LLC 18,400.00 74,244.05AQUILA COMMONS G & A DEVELOPER TAX INCREMNT PYMTAQUILA SENIOR LLC 74,244.05 57,955.24WOLFE LAKE COMMERCIAL TIF G&A DEVELOPER TAX INCREMNT PYMTBELT LINE PROPERTIES INC 57,955.24 80.00DEVELOPMENT - EDA G&A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC 80.00 295.00DEVELOPMENT - EDA G&A TRAININGCITIZENS INDEPENDENT BANK 295.00 175,249.31CSM TIF DIST G&A DEVELOPER TAX INCREMNT PYMTCSM CORPORATION 175,249.31 303,075.81WEST END TIF DIST G&A DEVELOPER TAX INCREMNT PYMTDUKE REALTY CORP 303,075.81 21,071.55EDGEWOOD TIF DIST G & A DEVELOPER TAX INCREMNT PYMTEDGEWOOD INVESTORS LLC 21,071.55 450.00BALLY'S REDEVELOPMENT OTHER CONTRACTUAL SERVICESEHLERS & ASSOCIATES INC 915.00WEST END TIF DIST G&A OTHER CONTRACTUAL SERVICES 765.00ELLIPSE ON EXC TIF DIST G&A OTHER CONTRACTUAL SERVICES 765.00HSTI G&A OTHER CONTRACTUAL SERVICES 1,065.00VICTORIA PONDS G&A OTHER CONTRACTUAL SERVICES 765.00PARK CENTER HOUSING G&A OTHER CONTRACTUAL SERVICES 765.00CSM TIF DIST G&A OTHER CONTRACTUAL SERVICES 765.00MILL CITY G&A OTHER CONTRACTUAL SERVICES 179.00PARK COMMONS G&A OTHER CONTRACTUAL SERVICES 1,351.00EDGEWOOD TIF DIST G & A OTHER CONTRACTUAL SERVICES 765.00ELMWOOD VILLAGE G & A OTHER CONTRACTUAL SERVICES 765.00WOLFE LAKE COMMERCIAL TIF G&A OTHER CONTRACTUAL SERVICES 765.00AQUILA COMMONS G & A OTHER CONTRACTUAL SERVICES 765.00HWY 7 BUSINESS CENTER G & A OTHER CONTRACTUAL SERVICES 755.00HARD COAT G & A OTHER CONTRACTUAL SERVICES 11,600.00 102,705.02ELLIPSE ON EXC TIF DIST G&A DEVELOPER TAX INCREMNT PYMTELLIPSE ON EXCELSIOR LLC Economic Development Authority Meeting of August 5, 2013 (Item No. 5a) Title: Economic Development Authority Vendor Claims Page 2 7/29/2013CITY OF ST LOUIS PARK 12:56:06R55CKSUM LOG23000VO 2Page -Council Check Summary 7/26/2013 -6/22/2013 Vendor AmountBusiness Unit Object 102,705.02 183,233.33PARK COMMONS G&A DEVELOPER TAX INCREMNT PYMTEXCELSIOR & GRAND LLC 183,233.33 530,987.08PARK COMMONS G&A DEVELOPER TAX INCREMNT PYMTGOTTMAR LLC 530,987.08 70,348.93HWY 7 BUSINESS CENTER G & A DEVELOPER TAX INCREMNT PYMTHIGHWAY 7 BUSINESS CENTER LLC 70,348.93 12,337.92LOUISIANA LRT STATION OTHER CONTRACTUAL SERVICESHOISINGTON KOEGLER GROUP INC 12,337.92 310.53DEVELOPMENT - EDA G&A TRAININGHUNT, GREG 187.58DEVELOPMENT - EDA G&A MILEAGE-PERSONAL CAR 498.11 6,000.00HRA LEVY G&A LEGAL SERVICESLOCKRIDGE GRINDAL NAUEN PLLP 6,000.00 225.00DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPSMNCAR EXCHANGE 225.00 149,147.30MILL CITY G&A DEVELOPER TAX INCREMNT PYMTMSP REAL ESTATE INC. 149,147.30 202.09DEVELOPMENT - EDA G&A TELEPHONENEXTEL COMMUNICATIONS 202.09 26.33ELIOT PARK TIF DIST G&A OTHER CONTRACTUAL SERVICESQUICKSILVER EXPRESS COURIER 26.33 2,494.16DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICESSEH 2,494.16 591.87DEVELOPMENT - EDA G&A PLANNINGSRF CONSULTING GROUP INC 591.87 59,167.09CONVENTION & VISITORS BUREAU COST REIMBURSEMENT-VISIONST LOUIS PARK CONV & VISITORS 59,167.09 Economic Development Authority Meeting of August 5, 2013 (Item No. 5a) Title: Economic Development Authority Vendor Claims Page 3 7/29/2013CITY OF ST LOUIS PARK 12:56:06R55CKSUM LOG23000VO 3Page -Council Check Summary 7/26/2013 -6/22/2013 Vendor AmountBusiness Unit Object 48,884.00VICTORIA PONDS G&A DEVELOPER TAX INCREMNT PYMTSVK DEVELOPMENT INC. 48,884.00 16.07HWY 7 & LOUISIANA ELECTRIC SERVICEXCEL ENERGY 16.07 Report Totals 1,828,835.26 Economic Development Authority Meeting of August 5, 2013 (Item No. 5a) Title: Economic Development Authority Vendor Claims Page 4 Meeting: Economic Development Authority Meeting Date: August 5, 2013 Action Agenda Item: 7a EXECUTIVE SUMMARY TITLE: Purchase Agreement: 4601 Highway 7 RECOMMENDED ACTION: Motion to Adopt EDA Resolution approving the Purchase Agreement between the EDA and 4601 Highway 7 LLC. POLICY CONSIDERATION: Does the EDA desire to approve the proposed Purchase Agreement to acquire the property located at 4601 Highway 7? SUMMARY: Staff has reached agreement on terms to purchase the former Professional Instruments Company property located at 4601 Highway 7 (“subject property”). Attached is a summary of those key terms. At the June 17th Study Session, Staff indicated that they were pursuing the potential acquisition of a strategically located parcel that is adjacent to the proposed Belt Line SWLRT Station. A written report providing an update on the proposed acquisition of the property located at 4601 Highway 7 was provided at the July 1st Study Session. A written report outlining the key terms of the proposed Purchase Agreement for this property was then provided at the July 22nd Study Session. FINANCIAL OR BUDGET CONSIDERATION: The negotiated purchase price for 4601 Highway 7 is $2.25 million. This price is well within market according to the City Assessor. The EDA would incur additional costs related to building demolition and property management, relocation expenses, etc. Staff is currently in the process of determining the cost for these activities. The cost of acquisition and related expenses would be covered by the Development Fund with the intent to recoup the EDA’s investment from the future sale or leasing of the property. Grant and/or TIF funds may also be used to reimburse the Development Fund. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Background Resolution of Approval Purchase Agreement Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager Economic Development Authority Meeting of August 5, 2013 (Item No. 7a) Page 2 Title: Purchase Agreement: 4601 Highway 7 BACKGROUND: An agreement has been reached to purchase the former Professional Instruments Company property located at 4601 Highway 7 and 3130 Monterey Avenue South (“subject property”). The subject property fronts on the south side of CSAH 25 just east of Belt Line Blvd. The property consists of two parcels which total 3.16 acres. It lies immediately northeast of the proposed Belt Line SWLRT station platform. EDA ownership of this parcel will provide the City control of the future use of the property and ensure that it is used to the maximum benefit of the community and the future SWLRT line. The property is actively being marketed and numerous parties have expressed interest in the property. Based upon the tenor of some of these inquires, the property could end up being purchased by an entity that may not make optimal use of this key property near the future LRT station. EDA ownership will ensure use of the property is consistent with the City’s station area plans. Acquisition and clearance of this site will also improve the image and appearance of the CSAH 25/Highway 7 corridor. Consistent with the Comprehensive Plan the EDA has actively Economic Development Authority Meeting of August 5, 2013 (Item No. 7a) Page 3 Title: Purchase Agreement: 4601 Highway 7 encouraged redevelopment in this corridor for some time. Acquiring, clearing and preparing the subject property for redevelopment is a logical next step in that process. What is the purchase price? The purchase price for the property is $2,250,000 or approximately $16 per square foot. The purchase price was negotiated and based upon review of comparable land sale information in the area. According to the City Assessor, the acquisition price of the subject property is considered reasonable and well within market. The current assessed value of the subject property is $1,532,000 or approximately $11 per square foot. The property’s value lies in its prominent location east of Highway 100, visibility along CSAH 25 and proximity to the future Belt Line SWLRT station as well as the difficulty of assembling more than 3 acres in St. Louis Park. The EDA would incur additional costs related to building demolition and property management. The cost of acquisition and related expenses would be covered by the Development Fund with the intent to recoup the EDA’s investment from the future sale or leasing of the property. Grant and/or TIF funds may also be used. Findings of Phase I Environmental Assessment A Phase I Environmental Assessment of the subject property was recently conducted by Braun Intertec. According to the report, the “assessment identified no recognized environmental conditions with the building, with the exception of the following”: • The past and current operations at the Site included processes that involved the use of heavy metals, organic solvents, hazardous substances and petroleum products. Although no historical or significant current releases were revealed, based on the storage and use of hazardous substances and petroleum products on the Site since the 1940s, it is the opinion of Braun Intertec that the past and current land uses are considered recognized environmental conditions. • One approximately 300-gallon diesel fuel aboveground storage tank (AST) used as the fuel source for a back-up generator was located in a concrete block storage building near the southwest corner of the main Site building. The AST appeared to be in good condition and no significant staining was noted beneath or surrounding the AST. Beneath and surrounding the back-up generator that the AST was connected to, however, significant staining was noted. Based on this observation, the significant staining from the back-up generator connected to a diesel fuel AST is considered a recognized environmental condition. • Three air compressors were located at the Site. Significant staining was noted on the flooring beneath these compressors. Based on these observations, the staining observed is considered a recognized environmental condition. A recognized environmental condition is the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater or surface water of the property. The term includes hazardous substances or petroleum products even under conditions of storage and use in compliance with laws. Economic Development Authority Meeting of August 5, 2013 (Item No. 7a) Page 4 Title: Purchase Agreement: 4601 Highway 7 As for the property itself, the report states “the assessment identified no historical recognized environmental conditions in connection with the Site”. The following are additional considerations for the property: • Minor dumping of several electronic monitors were observed on the wooded northeast corner of the south Site parcel. According to interviews, this location tends to be a location where miscellaneous discarded materials are found on the Site. In addition, a pile of broken concrete and asphalt debris was apparent in a wooded area on the Site south of the garage on the property. The interviews indicated that additional dumping has been observed and properly disposed (such as tires) from other portions of the wooded southern parcel since 1963. The potential exists that buried materials are present at the Site that require management as solid or hazardous waste. • Historical records suggest that the Site was in a topographic low and may have been a wetland and or may have been connected to Bass Lake located south of the Site. If fill soils are encountered during redevelopment, which could include demolition debris and other wastes, additional evaluation of the fill soils might be required for management and disposal purposes. While the Phase I assessment identified “no recognized environmental conditions” in connection with either the subject building or Site, (with the exception of those noted above) Staff believes it prudent to conduct a modest Phase II Environment Assessment to more precisely determine the presence of any hazardous substances, petroleum products and fill materials that may be present on the site. This would be important should the EDA seek to obtain a “no association” determination from the MPCA relative to the presence of any such substances on the property in the future. Under the proposed Purchase Agreement, the EDA has 60 days from the date of approval to conduct its due diligence of the property. One of the contingencies within the proposed Purchase Agreement is that the results of the environmental investigation must be acceptable to the EDA. Property Tenants There are currently two leases in effect on this property. One is with Professional Instrument Company, Inc. which rents the building. It is owned by members of the Seller’s family. The other is with Clear Channel Outdoor, Inc. which rents a small portion of the subject property for the use of two billboards. Both leases are on a month-to-month basis. The Seller is currently in the process of terminating these leases. Under the proposed Purchase Agreement, both tenants will be required to remove all their equipment and personal property (including the billboards) from the property prior to closing. The Seller recently received an email from Clear Channel confirming its understanding of the termination clause within the lease and its agreement to remove the billboards and supporting structures in accordance with the lease agreement. Despite the fact that the proposed Purchase Agreement is being entered into by willing parties and is an arms-length transaction, the tenants of the subject property are entitled to relocation benefits under the state codification of the federal Uniform Relocation Act because the EDA is a public entity. Staff has retained Evergreen Land Services to determine the EDA’s financial exposure to both tenants. Since the principals that constitute Professional Instrument Company are members of the same family selling the property, and since the company is already in the process of vacating the property, Professional Instrument Company has agreed to sign a waiver of relocation benefits. As for the billboards, the Seller recently gave notice to Clear Channel of its intent to terminate their lease as the Seller does not wish the billboards to encumber the sale Economic Development Authority Meeting of August 5, 2013 (Item No. 7a) Page 5 Title: Purchase Agreement: 4601 Highway 7 of the property regardless of the buyer. Canceling the lease is not financially significant to the Seller since the monthly rental income of the property is only $220 per month. According to the federal statute, Clear Channel is entitled to the cost of dismantling and moving the billboard structures from the property or their depreciated value in place, whichever is less. Compensation due Clear Channel in this case is different from the billboard removal at Highway 7 & Louisiana Avenue because Clear Channel does not own the subject property and was leasing the property on a month-to-month basis with the knowledge that lease could be terminated at any time upon receipt of a 90 day written notice. Should the EDA’s relocation obligations for the billboards prove to be more significant than currently anticipated, the proposed Purchase Agreement gives the EDA the right to terminate the agreement. Purchase Agreement Terms The key terms included within the proposed Purchase Agreement between 4601 Highway 7 LLC (“Seller”) and the EDA (“Buyer”) are listed below. The attached authorizing resolution allows for modifications to the Agreement that do not alter the substance of the transaction without bringing the Agreement back to the EDA for formal approval. 1. PURCHASE PRICE FOR PROPERTY AND TERMS. a. PURCHASE PRICE: The total purchase price for the Property is $2,250,000. b. TERMS: 1. EARNEST MONEY: Buyer agrees to pay $25,000 earnest money to Seller. Earnest Money will become nonrefundable at the end of the Due Diligence Period, provided that if all conditions of termination and removal of the Billboards are not satisfied by the Closing Date, the Seller will refund the Earnest Money to Buyer. 2. DEED/MARKETABLE TITLE: Seller agrees to execute and deliver a Warranty Deed conveying marketable fee simple title to the Property to Buyer. 3. BILLBOARD LEASE TERMINATION: Upon satisfaction of all contingencies, Seller agrees to notify Clear Channel (the “Billboard Company”) that Seller is exercising its right to terminate all existing billboard lease agreements (the “Billboard Leases”) in connection with all billboards located on the Property. Seller will cause the removal of all Billboards from the Property prior to the Closing Date. 2. DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In addition to the Warranty Deed and other required documents, Seller will deliver to Buyer at closing: a. Well disclosure certification, along with any certifications that the Seller has caused the existing well on the Property to be capped as may be required by state or federal statutes, rules or regulations; provided that in the event the cost of capping such well exceeds $1,800.00, Seller may elect to terminate this Agreement and refund the Earnest Money to the Buyer; b. Any notices, certificates, and affidavits regarding any private sewage systems, underground storage tanks, and environmental conditions; and Economic Development Authority Meeting of August 5, 2013 (Item No. 7a) Page 6 Title: Purchase Agreement: 4601 Highway 7 c. Any other documents reasonably required by Buyer to evidence that title to the Property is marketable and that Seller has complied with the terms of the Purchase Agreement. 3. CONTINGENCIES. Buyer’s obligation to purchase the Property is contingent upon the following: a. Approval of this Purchase Agreement by the EDA; b. Buyer conducting environmental investigations on the Property and receiving reports that are satisfactory to Buyer; c. Seller’s procurement of a Certificate of Property Maintenance from the City of St. Louis Park’s Inspections Department prior to closing; d. Seller’s removal of all personal property, junk, barrels, and debris from the Property; and e. Buyer’s determination of marketable title and; f. Buyer’s determination that any relocation benefits payable to the Tenant and/or Billboard Company will not exceed a reasonable amount as determined by Buyer in its sole discretion. Buyer will have sixty (60) days from the date of approval of this Agreement to remove or waive the foregoing contingencies (the “Due Diligence Period”). These contingencies are solely for the benefit of Buyer and may be waived by Buyer. If Buyer gives written notice to Seller that all contingencies are satisfied or waived, Seller will notify the Billboard Company of Seller’s intent to terminate all Billboard Leases and to remove all Billboards, and Buyer and Seller will proceed to close the transaction. If one or more of the contingencies is not satisfied, or is not satisfied within the Due Diligence Period, and is not waived by Buyer, this Agreement will be void at the written option of Buyer, and Seller will return the Earnest Money to Buyer. Buyer will also deliver to Seller copies of all documentation gathered during the Due Diligence Period, including without limitation all survey, environmental or soil tests. 4. TITLE EXAMINATION/CURING TITLE DEFECTS. Buyer will, at its expense and within a reasonable time after Seller’s acceptance of this Agreement, obtain a commitment for title insurance for the Property. Buyer will have 10 business days after receipt of the Commitment and executed Purchase Agreement to examine the same and to deliver written objections to title to Seller, or Buyer’s right to do so will be deemed waived. Seller will have until the end of the Due Diligence Period (or such later date as the parties may agree upon) to make title marketable, at Seller’s cost. In the event that title to the Property cannot be made marketable or is not made marketable by Seller within the Due Diligence Period, then this Agreement may be terminated at the option of Buyer. In the event the cost to make title to the property marketable exceeds $15,000.00, Seller may elect to cancel this agreement and the Earnest Money will be refunded to Buyer. Economic Development Authority Meeting of August 5, 2013 (Item No. 7a) Page 7 Title: Purchase Agreement: 4601 Highway 7 5. ENVIRONMENTAL INVESTIGATIONS. Buyer acknowledges that it has been authorized by Seller to enter the Property and conduct environmental investigations of the Property. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Seller and Buyer will prorate all taxes for the year of closing based on the Closing Date. Seller will pay all special assessments regarding the Property which are levied or pending as of the Closing Date. 7. CLOSING DATE. The date of closing will be on the earlier of (a) seven (7) days following the satisfaction of (i) all contingencies, (ii) termination of the Billboard Leases and removal of the Billboards, and (iii) termination of the Tenant lease and vacation of the Tenant from the Property; or (b) December 30, 2013 (“Closing Date”). 8. POSSESSION/UTILITIES. a. Possession. Seller agrees to deliver possession of the Property free of all personal property, junk, barrels, and debris to Buyer not later than the Closing Date. b. Utilities. Seller shall pay all utility charges prior to the Closing Date. 9. SELLER’ WARRANTIES. Seller represents to Buyer as of the Closing Date that: a. Mechanics' Liens. Seller warrants that, prior to the closing, Seller will pay in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or repair of any structure upon or improvement to the Property caused by or resulting from any action of Seller. b. Notices. Seller warrants that Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation in connection with the Property, except if any violations are noted in the Certificate of Property Maintenance. It is the Buyer’s intention to demolish the existing building and Buyer will be responsible for any items the City of St. Louis Park’s Inspections Department notes during the Certificate of Property Maintenance inspection process. c. Tenants. Seller warrants that (i) the existing lease of the Property to Professional Instrument Company, Inc. (“Tenant”) shall have been terminated and the Tenant shall have vacated the Property prior to the Closing Date; and (ii) the existing Billboard Leases shall have been terminated and the Billboards shall have been removed from the Property prior to the Closing Date. 10. CLOSING COSTS/RECORDING FEES/DEED TAX. Seller will pay: (a) the cost of any documents required to clear title or to evidence marketable title; (b) any transfer or deed taxes and any deferred taxes due as a result of this transaction; (c) one-half of closing fees customarily charged by the title company; and (d) any other operating costs of the Property up to the date of closing. Buyer will pay: (a) any environmental investigation costs; (b) costs of an initial title commitment, title insurance and Economic Development Authority Meeting of August 5, 2013 (Item No. 7a) Page 8 Title: Purchase Agreement: 4601 Highway 7 endorsements; (3) one-half of closing fees customarily charged by the title company. Each party shall pay its respective real estate broker and attorneys’ fees. 11. INSPECTIONS. From the date of this Agreement to the Closing Date, Buyer will be entitled to enter upon the Property to conduct such surveying, inspections, investigations, soil borings and testing as Buyer will elect. Buyer will also be entitled to a general walkthrough inspection within five days of the Closing Date. 12. DEFAULT/REMEDIES. If Buyer defaults under this Agreement, Seller has the right to terminate this Agreement by giving written notice of such election to Buyer, which notice shall specify the default. If Buyer fails to cure such default within 15 days of the date of such notice, Seller may terminate this Agreement and retain the Earnest Money as Seller’s liquidated damages, time being of the essence of this Agreement. The termination of this Agreement (and retention of the Earnest Money) will be the sole remedies available to Seller for such default by Buyer, and Buyer will not be further liable for damages. If Seller defaults under this Agreement, Buyer will have the right (i) to terminate this Agreement (in which case Buyer will be entitled to a refund of the Earnest Money), or (ii) to enforce and recover from Seller specific performance of this Agreement. The termination of this Agreement (and refund of the Earnest Money), or the enforcement and recovery from Seller of specific performance of this Agreement, will be the sole remedies available to Buyer for such default by Seller, and Seller will not be further liable for damages. 13. RELOCATION BENEFITS; INDEMNIFICATION. Seller acknowledges that it is not being displaced from the Property as a result of this property sale and that it is not eligible for relocation assistance and benefits. Buyer acknowledges that it is responsible for all relocation assistance and benefits that may be due to the Tenant and Billboard Company, together with any consultants’ fees that Buyer may incur in connection with legal action required to resolve any relocation assistance or benefits dispute with such Tenant or Billboard Company. For purposes of this Agreement, “relocation assistance and benefits” shall have the meanings ascribed to them by the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Next Steps Staff will consult with the EDA near the end of the 60 day Due Diligence Period regarding the results of the Phase II Environmental Assessment and the likely relocation settlement amounts to determine if the EDA wishes to proceed with the property acquisition. Assuming all contingencies within the Agreement can be reasonably satisfied, closing would occur before the end of the year. Upon closing, staff will seek to have the building secured for the winter and removed next spring. Economic Development Authority Meeting of August 5, 2013 (Item No. 7a) Page 9 Title: Purchase Agreement: 4601 Highway 7 ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 13-____ RESOLUTION APPROVING THE PURCHASE AGREEMENT BETWEEN THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND 4601 HIGHWAY 7 LLC BE IT RESOLVED By the Board of Commissioners ("Board") of the St. Louis Park Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering Redevelopment Project No. 1 ("Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"). 1.02. Among the activities to be assisted by the Authority in the Redevelopment Project is removal of a building that is structurally obsolete and redevelopment of the property in the City located at 4601 Highway 7 and 3130 Monterey Avenue South and legally described in Exhibit A attached hereto (“Property”). 1.03. There has been presented before the Board a Purchase Agreement (“Agreement”) setting forth the terms and conditions of the purchase of the Property between the Authority and the Seller of the Property, 4601 Highway 7 LLC (“Seller”). The Agreement is attached hereto as Exhibit B. 1.04. The Board has reviewed the Agreement and finds that the execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Approval; Further Proceedings. 2.01. The Agreement as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Agreement and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. Reviewed for Administration: Adopted by the Economic Development Authority August 5, 2013 Executive Director President Attest Secretary Economic Development Authority Meeting of August 5, 2013 (Item No. 7a) Page 10 Title: Purchase Agreement: 4601 Highway 7 EXHIBIT A Legal Description of Property The land situated in the City of St. Louis Park, County of Hennepin, State of Minnesota, described as follows: Lots 12, 13, 14, 15, and 16, Block 2; That part of Lots 10, 11, 17 and 18, Block 2, lying South of the Southerly right-of-way line of State Trunk Highway No. 7; All of the vacated alley in Block 2 lying South of the Southerly right-of-way line of State Trunk Highway No. 7; That part of Natchez Avenue vacated, lying east of the West line of the Northwest Quarter of the Northeast Quarter of Section 6, Township 28, Range 24, North of the South line of said Northwest Quarter of the Northeast Quarter, and South of the extension across it of the North line of Lot 15, Block 2; That part of West 32nd Street, vacated, lying between the extensions across it of the East line of Lot 14 and the West line of Lot 15, Block2; All in “Oakenwald Addition St. Louis Park.” That part of the Southwest Quarter of the Northeast Quarter, Section 6, Township 28, Range 24, described as beginning at the Northwest corner of said Southwest Quarter of the Northeast Quarter; thence South along the West line thereof 288.7 feet; thence East to a point on the Northerly right-of-way line of the Minneapolis and St. Louis Railway Company, distant 46 feet from the intersection of said right-of-way line with the West line of said Southwest Quarter of the Northeast Quarter as measured along said right-of-way line; thence Northeasterly along said Northerly right-of-way line to its intersection with the extension South of the East line of Monterey Avenue; thence North along the extension of the East line of Montery Avenue to the North line of said Southwest Quarter of the Northeast Quarter; thence West along said North line to the point of beginning. Torrens Property – Certificate Title No. 1359636 Economic Development Authority Meeting of August 5, 2013 (Item No. 7a) Page 11 Title: Purchase Agreement: 4601 Highway 7 EXHIBIT B Purchase Agreement PURCHASE AGREEMENT PURCHASE AGREEMENT This Purchase Agreement (“Agreement”) is made this _______ day of August, 2013, by and between 4601 Highway 7 LLC, a Minnesota limited liability company (“Seller”) and the St. Louis Park Economic Development Authority, a public body politic and corporate under the laws of the State of Minnesota (“Buyer”). 1. PROPERTY. Seller is the owner of property located at 4601 Highway 7 and 3130 Monterey Avenue South, in the City of St. Louis Park, Minnesota, which is legally described on the attached Exhibit A (“Property”). 2. OFFER/ACCEPTANCE. In consideration of and subject to the terms and provisions of this Agreement, Buyer offers and agrees to purchase and Seller agrees to sell and hereby grants to Buyer the exclusive right to purchase the Property and all improvements thereon, together with all appurtenances. All fixtures located on the Property on the date of this Agreement are included in the purchase of the Property. 3. PURCHASE PRICE FOR PROPERTY AND TERMS. a. PURCHASE PRICE: The total purchase price for the Property is: Two Million Two Hundred Fifty Thousand and 00/100ths Dollars ($2,250,000.00) (“Purchase Price”). b. TERMS: 1. EARNEST MONEY: The sum of Twenty-Five Thousand Dollars ($25,000.00) earnest money shall be paid by Buyer to Seller (“Earnest Money”). Earnest Money shall become nonrefundable at the end of the Due Diligence Period, provided that if all conditions of termination and removal of the Billboards pursuant to paragraph 3.b.4. hereof are not satisfied by the Closing Date, the Seller shall refund the Earnest Money to the Buyer. 2. BALANCE DUE SELLER: Buyer agrees to pay by check or wire transfer on the Closing Date any remaining balance due on the Purchase Price according to the terms of this Agreement. 3. DEED/MARKETABLE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed conveying marketable fee simple title to the Property to Buyer, free and clear of any mortgages, liens or encumbrances other than matters created by or acceptable to Buyer, subject only to the following exceptions: i. Building and zoning laws, ordinances, state and federal regulations; City Council Meeting of August 5, 2013 (Item No. 7a) Title: Purchase Agreement: 4601 Highway 7 Page 12 ii. Reservation of minerals or mineral rights to the State of Minnesota, if any; and iii. Public utility and drainage easements of record which will not interfere with Buyer’s intended use of the Property. 4. BILLBOARD LEASE TERMINATION: No later than upon waiver by Buyer or upon satisfaction of all contingencies pursuant to paragraph 5 below, Seller agrees to notify Clear Channel (the “Billboard Company”) that Seller is exercising its right to terminate all existing billboard lease agreements (the “Billboard Leases”) in connection with all billboards located on the Property (the “Billboards”). Seller shall remove or cause the removal of all Billboards from the Property prior to the Closing Date. 4. DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In addition to the Warranty Deed required at paragraph 3.b.3. above, Seller shall deliver to Buyer at closing: a. An affidavit from Seller sufficient to remove any exception in Buyer’s policy of title insurance for mechanics’ and materialmens’ liens and rights of parties in possession; b. A “bring-down” certificate, certifying that all of the warranties made by Seller in this Agreement remain true as of the Closing Date; c. Affidavit of Seller confirming that Seller is not a foreign person within the meaning of Section 1445 of the Internal Revenue Code; d. Well disclosure certification, along with any certifications that the Seller has caused the existing well on the Property to be capped as may be required by state or federal statutes, rules or regulations; provided that in the event the cost of capping such well exceeds $1,800.00, Seller may elect to terminate this Agreement and refund the Earnest Money to the Buyer; e. Any notices, certificates, and affidavits regarding any private sewage systems, underground storage tanks, and environmental conditions as may be required by state or federal statutes, rules or regulations; and f. Any other documents reasonably required by Buyer’s title insurance company or attorney to evidence that title to the Property is marketable and that Seller has complied with the terms of this Purchase Agreement. 5. CONTINGENCIES. Buyer’s obligation to purchase the Property is contingent upon the following: a. Approval of this Purchase Agreement by Buyer’s governing body; City Council Meeting of August 5, 2013 (Item No. 7a) Title: Purchase Agreement: 4601 Highway 7 Page 13 b. Buyer conducting environmental investigations on the Property and receiving reports that are satisfactory to Buyer; c. Seller’s procurement of a Certificate of Property Maintenance from the City of St. Louis Park’s Inspections Department prior to closing; d. Seller’s removal of all personal property, junk, barrels, and debris from the Property; e. Buyer’s determination of marketable title pursuant to paragraph 6 of this Agreement; and f. Buyer’s determination that any relocation benefits payable to the Tenant and/or Billboard Company will not exceed a reasonable amount as determined by Buyer in its sole discretion. Buyer shall have sixty (60) days from the date of approval of this Agreement to remove or waive the foregoing contingencies (the “Due Diligence Period”). These contingencies are solely for the benefit of Buyer and may be waived by Buyer. If Buyer or its attorney gives written notice to Seller that all contingencies are duly satisfied or waived, Seller shall notify the Billboard Company of Seller’s intent to terminate all Billboard Leases and to remove all Billboards in accordance with paragraph 3.b.4 above, and Buyer and Seller shall proceed to close the transaction as contemplated herein. If one or more of the contingencies is not satisfied, or is not satisfied within the Due Diligence Period, and is not waived by Buyer, this Agreement shall thereupon be void at the written option of Buyer, and Seller shall return the Earnest Money to Buyer, and Buyer and Seller shall execute and deliver to each other documentation effecting the termination of this Agreement. Buyer shall also deliver to Seller copies of all documentation gathered during the Due Diligence Period, including without limitation all survey, environmental or soil tests. As a contingent Purchase Agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes Section 559.21, et. seq. 6. TITLE EXAMINATION/CURING TITLE DEFECTS. Buyer shall, at its expense and within a reasonable time after Seller’s acceptance of this Agreement, obtain a commitment for title insurance (“Commitment”) for the Property. Buyer shall have 10 business days after receipt of the later of the Commitment and executed Purchase Agreement to examine the same and to deliver written objections to title, if any, to Seller, or Buyer’s right to do so shall be deemed waived. Seller shall have until the end of the Due Diligence Period (or such later date as the parties may agree upon) to make title marketable, at Seller’s cost. In the event that title to the Property cannot be made marketable or is not made marketable by Seller within the Due Diligence Period, then this Agreement may be terminated at the option of Buyer. In the event that the cost to make title marketable exceeds $15,000.00, Seller may elect to terminate this Agreement and return the Earnest Money to Buyer. City Council Meeting of August 5, 2013 (Item No. 7a) Title: Purchase Agreement: 4601 Highway 7 Page 14 7. ENVIRONMENTAL INVESTIGATIONS. Buyer acknowledges that it has been authorized by Seller to enter the Property and conduct environmental investigations of the Property. 8. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Seller shall pay all real estate taxes, interest and penalties, if any, relating to the Property for the years prior to the year of closing. Provided that this transaction shall close as provided herein, Buyer agrees to pay taxes for the year following the year of closing and all taxes for years thereafter. Seller and Buyer shall prorate all taxes for the year of closing based on the Closing Date. Seller shall pay all special assessments regarding the Property which are levied or pending as of the Closing Date, including portions which would otherwise have been payable in future installments. 9. CLOSING DATE. The date of closing shall be on the earlier of (a) seven (7) days following the satisfaction of (i) all contingencies, (ii) termination of the Billboard Leases and removal of the Billboards, and (iii) termination of the Tenant lease and vacation of the Tenant from the Property; or (b) December 30, 2013 (“Closing Date”). Delivery of all papers and the closing shall be made at the offices of Buyer, 5005 Minnetonka Boulevard, St. Louis Park, MN 55416 or at such other location as is mutually agreed upon by the parties. All deliveries and notices to Buyer shall be made as provided in Section 17 of this Agreement. 10. POSSESSION/UTILITIES. a. Possession. Seller agrees to deliver possession of the Property free of all personal property, junk, barrels, and debris to Buyer not later than the Closing Date. b. Utilities. Seller shall pay all utility charges, if any, prior to the Closing Date. 11. SELLER’ WARRANTIES. Seller hereby represents and warrants to Buyer and Seller will represent and warrant to Buyer as of the Closing Date that: a. Sewer and water. Seller warrants that to the best of Seller’s knowledge, the Property is connected to City sewer and is accessible, though not connected, to City water. b. Mechanics' Liens. Seller warrants that, prior to the closing, Seller shall pay in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or repair of any structure upon or improvement to the Property caused by or resulting from any action of Seller. c. Notices. Seller warrants that Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation in connection with the Property, except if any violations are noted in the Certificate of Property Maintenance. It is the Buyer’s intention to demolish the existing building and Buyer will be responsible for any items the City of St. Louis Park’s Inspections Department notes during the Certificate of Property Maintenance inspection process. City Council Meeting of August 5, 2013 (Item No. 7a) Title: Purchase Agreement: 4601 Highway 7 Page 15 d. Tenants. Seller warrants that (i) the existing lease of the Property to Professional Instrument Company, Inc. (“Tenant”) shall have been terminated and the Tenant shall have vacated the Property prior to the Closing Date; and (ii) the existing Billboard Leases shall have been terminated and the Billboards shall have been removed from the Property prior to the Closing Date. e. Broker Commission. Seller has utilized the services of Welsh Companies, LLC, dba Colliers International (Ted Gonsior), a real estate broker, in connection with the transaction contemplated by this Purchase Agreement, and that no other broker, agent, or representative has been engaged or shall be entitled to any commission in connection with such transaction. Seller shall be responsible for compensating its real estate broker and paying any commission due. Seller agrees to indemnify, defend and hold Buyer harmless from the claims of any broker, real estate agent or similar party claiming through Seller. f. Condemnation. Seller warrants that there is no pending or, to the actual knowledge of Seller, threatened condemnation or similar proceeding affecting the Property or any portion thereof, and Seller has no actual knowledge that any such action is contemplated. g. Legal Proceedings. There are no legal actions, suits or other legal or administrative proceedings, pending or threatened, that affect the Property or any portion thereof, and Seller has no knowledge that any such action is presently contemplated. h. Legal Capacity. Seller has the legal capacity to enter into this Agreement. Seller has not filed, voluntarily or involuntarily, for bankruptcy relief within the last year under the United States Bankruptcy Code, nor has any petition for bankruptcy or receivership been filed against Seller within the last year. i. Methamphetamine Production. To the best of Seller’ knowledge, methamphetamine production has not occurred on the Property. Seller’ representations and warranties set forth in this paragraph shall be continuing and are deemed to be material to Buyer’s execution of this Agreement and Buyer’s performance of its obligations hereunder. All such representations and warranties shall be true and correct on or as of the Closing Date with the same force and effect as if made at that time; and all of such representations and warranties shall survive closing and any cancellation or termination of this Agreement, and shall not be affected by any investigation, verification or approval by any part hereto or by anyone on behalf of any party hereto. Seller agrees to defend, indemnify, and hold Buyer harmless for, from and against any loss, costs, damages, expenses, obligations and attorneys’ fees incurred should an assertion, claim, demand or cause of action be instituted, made or taken, which is contrary to or inconsistent with the representations or warranties contained herein. City Council Meeting of August 5, 2013 (Item No. 7a) Title: Purchase Agreement: 4601 Highway 7 Page 16 12. CLOSING COSTS/RECORDING FEES/DEED TAX. Seller shall pay: (a) the cost of any documents required to clear title or to evidence marketable title; (b) any transfer or deed taxes and any deferred taxes due as a result of this transaction; (c) one-half of closing fees customarily charged by the title company; and (d) any other operating costs of the Property up to the date of closing. Buyer shall pay: (a) any environmental investigation costs; (b) costs of an initial title commitment, title insurance and endorsements; (3) one-half of closing fees customarily charged by the title company. Each party shall pay its respective real estate broker and attorneys’ fees. 13. INSPECTIONS. From the date of this Agreement to the Closing Date, Buyer, its employees and agents, shall be entitled to enter upon the Property to conduct such surveying, inspections, investigations, soil borings and testing, and drilling, monitoring, sampling and testing of groundwater monitoring wells, as Buyer shall elect. Buyer shall also be entitled to a general walkthrough inspection within five days of the Closing Date. 14. RISK OF LOSS. If there is any loss or damage to the Property between the date hereof and the Closing Date, for any reason including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the Property is destroyed or substantially damaged before the Closing Date, this Agreement shall become null and void, at Buyer’s option. At the request of Buyer, Seller agrees to sign a cancellation of Purchase Agreement. 15. DEFAULT/REMEDIES. If Buyer defaults under this Agreement, Seller has the right to terminate this Agreement by giving written notice of such election to Buyer, which notice shall specify the default. If Buyer fails to cure such default within 15 days of the date of such notice, Seller may terminate this Agreement and retain the Earnest Money as Seller’s liquidated damages, time being of the essence of this Agreement. The termination of this Agreement (and retention of the Earnest Money) will be the sole remedies available to Seller for such default by Buyer, and Buyer will not be further liable for damages. If Seller defaults under this Agreement, Buyer shall have the right (i) to terminate this Agreement (in which case Buyer shall be entitled to a refund of the Earnest Money), or (ii) to enforce and recover from Seller specific performance of this Agreement. The termination of this Agreement (and refund of the Earnest Money), or the enforcement and recovery from Seller of specific performance of this Agreement, shall be the sole remedies available to Buyer for such default by Seller, and Seller shall not be further liable for damages. 16. RELOCATION BENEFITS; INDEMNIFICATION. Seller acknowledges that it is not being displaced from the Property as a result of the transaction contemplated by this Agreement and that it is not eligible for relocation assistance and benefits or in the event that Seller is eligible for relocation assistance and benefits, that the Purchase Price includes compensation for any and all relocation assistance and benefits for which Seller may be eligible. The provisions of this paragraph shall survive closing of the transaction contemplated by this Agreement. Buyer acknowledges that it is responsible for any and all relocation assistance and benefits that may be due to the Tenant and Billboard Company, together with any consultants’ fees that Buyer may incur in connection with legal action required to resolve any relocation assistance or City Council Meeting of August 5, 2013 (Item No. 7a) Title: Purchase Agreement: 4601 Highway 7 Page 17 benefits dispute with such Tenant or Billboard Company. For purposes of this Agreement, “relocation assistance and benefits” shall have the meanings ascribed to them by the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. Sections 4601- 4655 (the federal URA) and the regulations implementing the federal URA, 49 C.F.R. Sections 24.1-24.603. 17. NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is personally served upon one of the following indicated recipients for notices or is deposited in the United States Mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: SELLER: 4601 Highway 7 LLC c/o Martha Arneson 4234 Grimes Avenue South Edina, MN 55416 With a copy to: Colliers International Attn: Theodore Gonsior 4350 Baker Road Suite 400 Minnetonka, MN 55343 BUYER: St. Louis Park Economic Development Authority Attn: Executive Director 5005 Minnetonka Boulevard St. Louis Park, MN 55416 With a copy to: Martha Ingram, Esq. Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 18. ENTIRE AGREEMENT. This Agreement, including exhibits attached hereto, and any amendments hereto signed by the parties, shall constitute the entire agreement between Seller and Buyer and supersedes any other written or oral agreements between the parties relating to the Property. This Agreement can be modified only in a writing properly signed on behalf of Seller and Buyer. 19. SURVIVAL. Notwithstanding any other provisions of law or court decision to the City Council Meeting of August 5, 2013 (Item No. 7a) Title: Purchase Agreement: 4601 Highway 7 Page 18 contrary, the provisions of this Agreement shall survive closing. 20. BINDING EFFECT. This Agreement binds and benefits the parties and their successors and assigns. (the remainder of this page intentionally left blank) City Council Meeting of August 5, 2013 (Item No. 7a) Title: Purchase Agreement: 4601 Highway 7 Page 19 IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date and year above. Buyer: St. Louis Park Economic Development Authority By: ________________________________ Its: President By: ________________________________ Its: Executive Director Seller: 4601 Highway 7 LLC By: ________________________________ ___________________________ By: ________________________________ ___________________________ City Council Meeting of August 5, 2013 (Item No. 7a) Title: Purchase Agreement: 4601 Highway 7 Page 20 EXHIBIT A Legal Description of Property The land situated in the City of St. Louis Park, County of Hennepin, State of Minnesota, described as follows: Lots 12, 13, 14, 15, and 16, Block 2; That part of Lots 10, 11, 17 and 18, Block 2, lying South of the Southerly right-of-way line of State Trunk Highway No. 7; All of the vacated alley in Block 2 lying South of the Southerly right-of-way line of State Trunk Highway No. 7; That part of Natchez Avenue vacated, lying east of the West line of the Northwest Quarter of the Northeast Quarter of Section 6, Township 28, Range 24, North of the South line of said Northwest Quarter of the Northeast Quarter, and South of the extension across it of the North line of Lot 15, Block 2; That part of West 32nd Street, vacated, lying between the extensions across it of the East line of Lot 14 and the West line of Lot 15, Block2; All in “Oakenwald Addition St. Louis Park.” That part of the Southwest Quarter of the Northeast Quarter, Section 6, Township 28, Range 24, described as beginning at the Northwest corner of said Southwest Quarter of the Northeast Quarter; thence South along the West line thereof 288.7 feet; thence East to a point on the Northerly right-of-way line of the Minneapolis and St. Louis Railway Company, distant 46 feet from the intersection of said right-of-way line with the West line of said Southwest Quarter of the Northeast Quarter as measured along said right-of-way line; thence Northeasterly along said Northerly right-of-way line to its intersection with the extension South of the East line of Monterey Avenue; thence North along the extension of the East line of Montery Avenue to the North line of said Southwest Quarter of the Northeast Quarter; thence West along said North line to the point of beginning. Torrens Property – Certificate Title No. 1359636 City Council Meeting of August 5, 2013 (Item No. 7a) Title: Purchase Agreement: 4601 Highway 7 Page 21 Meeting: City Council Meeting Date: August 5, 2013 Presentation: 2a EXECUTIVE SUMMARY TITLE: Westwood Hills Nature Center Junior Naturalists Recognition RECOMMENDED ACTION: The Mayor is asked to thank the Junior Naturalists for their service this summer; and introduce Westwood Hills Nature Center Activity Specialist Sarah Skinner, who will provide background and current information on the summer program. (Becky McConnell, Naturalist will be the full-time staff person attending.) The Mayor is then asked to recognize each of the Junior Naturalists. POLICY CONSIDERATION: None at this time. SUMMARY: There are 61 youth volunteers involved in the Junior Naturalist program. By the end of summer, they will have volunteered over 1,600 hours. Several of these volunteers have been involved for up to six years, and the program has been part of Westwood Hills Nature Center for 23 years. Junior Naturalists are students entering 7th through 12th grade who are interested in serving their community while gaining knowledge and experience in the outdoors. There are five areas that they can be involved in: Animal Care: Junior Naturalists feed, care for, handle, and educate the public about Westwood’s display and programming animals. Program Aide: Junior Naturalists assist staff members with supervising and running Westwood’s various summer camps and children’s programs. Wild Hikes: Junior Naturalists hike Westwood’s trails, identify various organisms, and learn alongside a staff Naturalist. They then apply their knowledge to other project areas. Bird Feeding and Projects: Junior Naturalists maintain and refill Westwood’s birdfeeders and complete various small projects around the center. Pond Maintenance: Junior Naturalists maintain and monitor Westwood’s new water garden for public use. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None. Prepared by: Stacy M. Voelker, Administrative Secretary Mark Oestreich, Westwood Hills Nature Center Manager Reviewed by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: August 5, 2013 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA JULY 8, 2013 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano (arrived at 6:34 p.m.). Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Police Chief (Mr. Luse), Deputy Police Chief (Mr. DiLorenzo), Police Lieutenant (Ms. Dreier), Police Lieutenant (Mr. Kraayenbrink), Police Lieutenant (Mr. Harcey), Director of Community Development (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Joint Community Police Partnership Coordinator (Ms. Almquist), Community Liaison (Ms. Erickson), and Recording Secretary (Ms. Hughes). 1. Future Study Session Agenda Planning – July 15 and July 22, 2013 Mr. Harmening presented the proposed special study session agenda for July 15, 2013, and the proposed study session agenda for July 22, 2013. Councilmember Mavity requested that staff provide trending information about the City’s tax base so that Council has an understanding of what the tax base looks like over the next 5-10 years. 2. Police Department 2012 Annual Report Ms. Dreier introduced Ms. Erickson and Ms. Almquist. Ms. Almquist stated one of her goals as the JCPP Coordinator is to make sure there is a lot more proactive work being done to increase interactions between the Police Department and the City’s immigrant community and making sure the immigrant community has a better understanding of the laws. She stated another goal is to improve the Police Department’s understanding of the immigrant community and to proactively work on improving relationships. Mr. Luse presented the staff report and provided an update on the City’s RFP process to replace the Police Department’s public safety software and stated the City has located a software vendor that can provide a better product for less money that meets the needs of the Department. He added staff is currently negotiating a contract with the vendor and will provide further information to Council in the near future. Ms. Dreier discussed the responsibilities of the Community Outreach Division including the neighborhood watch program, police substations (COP shops), and crime free multi-housing program. She advised that Ms. Erickson will sit in on the Family Services Collaborative and will also coordinate monthly outreach meetings with various City departments. She stated Ms. Almquist will work with the School District and will also assist with the Citizens Police Academy for new immigrants. She advised the Police Department will be transitioning to the Next Generation 911 equipment that has the ability to receive text messaging and provides the City Council Meeting of August 5, 2013 (Item No. 3a) Page 2 Title: Study Session Meeting Minutes of July 8, 2013 capability to get within 15’ of a call, noting the equipment has been installed but is not yet operational. She added that 71% of the 911 calls in 2012 came from wireless devices. She stated that calls for service at rental properties increased in 2012 but violations were down to 2% of the total calls to rental properties. She stated that graffiti reports increased 7% in 2012 and the Police Department has continued its efforts to reduce graffiti. She indicated the Police Department implemented a plan in 2012 to address panhandling in the City that has been successful in addressing this problem. Mr. Luse stated the Police Department was overwhelmed with calls following the storm two weeks ago and commended Julie for doing an amazing job with residents. Councilmember Ross requested an update regarding dispatch services with Hennepin County. Ms. Dreier explained that Hennepin County has purchased a software package that connects disparate CAD systems that will allow sharing of real time data among communities. She added the Police Department will continue to use Minnetonka for dispatch back-up and vice versa. Mr. DiLorenzo stated the Police Department has seen an increase in requests for solicitor licenses and has issued 77 permits to date this year. He stated the Police Department manages the permits to purchase firearms noting that permits to carry are issued through Hennepin County. He indicated the Police Department has issued 183 permits to purchase so far in 2013 and the permits are good for one year unless revoked for criminal history. Mr. Harcey discussed the responsibilities of the Support Services Division that includes investigations, the Southwest Hennepin Drug Task Force, and school liaison program. He advised that Support Services is involved in the crime information sharing analysis group (CISA) coordinated by the Hennepin County Sheriff’s Office that shares information on trends, suspects, etc. and the program has been effective and is working well. He stated the investigators are responsible for predatory offender tracking and quarterly checks are conducted by the Police Department, noting these checks are more frequent than required by the State. He advised the City does not currently have any Level 3 predatory offenders and has Level 1 and Level 2 offenders who are monitored by the Police Department. He stated the Support Services Division conducts liquor and tobacco compliance checks and there were 32 liquor violations in 2012, adding the Police Department offers training for liquor establishments. He stated there are investigators assigned to the West End Wednesday through Friday from 1:00-6:00 p.m. and indicated that when the Police Department started working on the panhandler issue, information was received that panhandlers were involved in burglaries and the Police Department was successful in getting two of the known panhandlers charged in four different burglaries. Councilmember Sanger requested further information about the statistics related to rape and expressed concern that the arrests for rape were up nearly three times over the previous year. Mr. Luse agreed that statistically this was a large percentage increase and indicated that several of these cases involved mental health issues making them more difficult to prove. He added the increased percentage could also be attributable to a change in the law requiring reporting of nursing home cases. He stated there were no serial stalker types of rapes and no predators that residents need to be warned about. Councilmember Santa stated that rape and domestic violence crimes are vastly underreported and asked what the Police Department is doing to educate the public about these crimes. City Council Meeting of August 5, 2013 (Item No. 3a) Page 3 Title: Study Session Meeting Minutes of July 8, 2013 Mr. DiLorenzo stated the Police Department is assertive in arresting perpetrators of domestic violence; in addition, the Police Department partners with Cornerstone and a consortium of other cities that ties together education and prosecution, adding the City is seen as a State model for domestic violence prevention. He indicated the City’s domestic violence arrests are significantly higher compared with other communities in Hennepin County and the Police Department is constantly working with Cornerstone and with prosecutors to go over cases. Councilmember Spano encouraged the Police Department to develop strong relationships with the Muslim community to educate them regarding domestic violence prevention. Mr. Luse stated the Police Department is going to work on that, adding that Ms. Almquist will be able to provide assistance on working with different cultures. Mr. Kraayenbrink discussed the responsibilities of the Patrol Division and advised the patrol shifts overlap coverage during peak times and this allows the Police Department to manage overtime. He stated the Patrol Division has three officers working a relief shift where every third week they are staffing the West End area from 5:00 p.m. to 3:00 a.m. and they have done a great job connecting with the business owners. Councilmember Ross indicated she received a call about tailgating in the West End garage at one of Toby Keith’s events and requested that the Police Department monitor this closely. Mr. Kraayenbrink stated the Police Department recently upgraded its speed boards with better technology and these are being used throughout the City. Mr. Luse indicated the Police Department has also been using a new message board for crosswalk enforcement education on pedestrian crossings throughout the City to promote safety in crosswalks. Councilmember Ross stated there are still a lot of branches hanging from trees after the recent storm and requested an update on the City’s progress. Mr. Harmening advised that staff is in the process of inventorying tree damage and requested that residents contact the City if they see tree branches that need to be cut down. Councilmember Mavity stated she received an email from a resident who lost 15 trees during the storm who wanted to thank everyone for being so helpful. Councilmember Spano stated there was a serious incident across the street from him over the weekend and he was impressed with the professionalism shown by the Police Department in the face of a chaotic situation and expressed his appreciation and thanks to everyone. Mayor Jacobs thanked Mr. Luse and his staff for the annual report and welcomed Ms. Almquist and Ms. Erickson to the City. 3. Southwest LRT Update – Freight Rail Comments and Letter Mr. Locke presented the staff report and letter and comments on freight rail relocation and colocation options. He advised that it was staff’s understanding that the SPO’s cost estimates will be presented at the CAC and BAC meetings on July 25th. He also advised the SPO is City Council Meeting of August 5, 2013 (Item No. 3a) Page 4 Title: Study Session Meeting Minutes of July 8, 2013 willing to attend the special study session on July 29th to explain the cost estimates, assuming this information is available before July 29th. He stated Council previously raised a question about whether freight rail is part of municipal consent and explained that municipal consent law does not specifically state anything about freight rail so from a pure legal standpoint it is not included in municipal consent; however, the location of freight rail and how it is handled will affect the design of light rail which is part of municipal consent and it was staff’s understanding that the SPO and Met Council are going to be looking for municipal support for the entire project. He noted that municipal consent is a Minnesota law and is not an FTA requirement; however, the FTA understands that Minnesota law requires that the project seek municipal consent so the FTA will be paying attention to that because it represents a potential risk factor for whether the project goes forward. He indicated the cost estimates being prepared by the SPO are for the entire SWLRT project and will include other variables in the project design, e.g., freight rail, location of the OMF, and how light rail goes through Eden Prairie. Councilmember Hallfin felt the letter and comments adequately captured the points that Council wished to convey to the SPO regarding freight rail. Councilmember Mavity felt that paragraph 7 on page 3 regarding colocation alternatives should be revised to accurately reflect that Council does not want the southern connection used as a de facto switching wye in the future should there be a business reason to do so. She indicated she had previously stated there needs to be a northern connection that needs to be part of mitigation. She questioned the usefulness of this paragraph as written and did not feel it reflected what Council wanted, adding she previously expressed concern that if the fix does not happen now it will never happen and she wanted to make sure there was a northern connection and there needs to be mitigation for this in the budget. Councilmember Sanger suggested this paragraph be revised to state that additional mitigation is required to make sure neither the southern nor northern neighborhoods are used for backing up and switching purposes. Councilmember Santa indicated the railroad could easily decide to go north and connect with BNSF and was concerned that providing a north connection as part of SWLRT could give the railroads a way to get into town. Councilmember Mavity stated the connection to BNSF does not exist and pointed out that Met Council has proposed a southern connection that the City does not want. She indicated this paragraph simply states an issue but does not state what the City wants and felt it was imperative to make sure an engineering solution to handle trains seeking to go north on the MN&S is included as part of the overall SWLRT budget. Councilmember Hallfin felt that Council was getting into the business of the railroads, which is beyond what the City is commenting on. Councilmember Mavity stated the City’s DEIS comments previously delineated the danger of having either one of these used as a switching wye and this language could be copied in the letter and comments. She indicated that Council has made a clear statement that the City does not want any part of the tracks in the community to be used for stopping and switching. Councilmember Ross suggested the paragraph simply state that the City does not want trains stopping and switching and felt the paragraph should not tell them how to accomplish that. City Council Meeting of August 5, 2013 (Item No. 3a) Page 5 Title: Study Session Meeting Minutes of July 8, 2013 Councilmember Sanger suggested the paragraph be revised to indicate the SWLRT budget must include funds for additional trackage or other means to ensure trains are not backing up, switching, or parking in either a northern or southern connection through St. Louis Park neighborhoods. Councilmember Hallfin stated this was a railroad issue and not a Met Council issue and questioned how the City can tell them they cannot switch, back up or park in the City. Councilmember Sanger asked staff if they felt it would be better to eliminate this paragraph from the comments. Mr. Locke replied that he saw no harm in dropping the paragraph. Councilmember Mavity felt the paragraph should be included in the comments and stated Council spent a lot of time on this issue in the DEIS comments. Mayor Jacobs and Councilmembers Hallfin, Ross, and Santa felt the paragraph should be eliminated from the comments. Councilmember Spano stated the objective of keeping trains from stopping in St. Louis Park was important but was not sure the City could prevent that, adding that elimination of the wye will stop parking, blocking, and the back and forth movements. He stated he could live with having a southern connect and making the statement that the City wants to try to eliminate trains from stopping in St. Louis Park. He added that moving a train is a different action than moving onto a switching wye. Councilmember Santa indicated Council and staff have worked hard on this letter for a long time and it cannot by definition be all-inclusive. She felt the letter and comments presented a strong statement that Council finds colocation to be feasible, viable and capable of success; and does not find that relocation is a feasible or viable option. Councilmember Ross agreed. Councilmember Spano commended staff and Council for its work on the letter and comments and felt it sends a clear message to the SPO and Met Council. Councilmember Sanger asked that the second paragraph of the cover letter be revised as earlier requested to remove the words “embrace and approve” and replacing with “consider” as it relates to the municipal consent process. She also requested that paragraph 1(d) on page 4 of the comments related to safety impacts be clarified to state that a 50’ buffer is needed between the tracks and private property boundaries. Mayor Jacobs felt the letter and comments were well drafted and restate the City’s position that it believes colocation is still viable, adding it has always been the City’s position that as long as a viable option exists the City opposes relocation. It was the consensus of the majority of the City Council to strike paragraph 7 on page 3 of the comments regarding colocation alternatives. It was also the consensus of the City Council to revise paragraph 1(d) on page 4 of the comments related to safety impacts to state that a 50’ buffer is needed between the tracks and private property boundaries. It was also the consensus City Council Meeting of August 5, 2013 (Item No. 3a) Page 6 Title: Study Session Meeting Minutes of July 8, 2013 of the majority of the City Council to make no changes to the second paragraph of the letter regarding municipal consent. Mayor Jacobs recessed the Study Session meeting at 8:32 p.m. in order to convene the Special City Council meeting. Mayor Jacobs reconvened the Study Session meeting at 8:38 p.m. Communications/Meeting Check-In (Verbal) Mr. Harmening discussed the incident on Friday morning in Councilmember Spano’s neighborhood leading to gunshots being fired. He advised there was a strong response by the Police Department and no one was hurt. Councilmember Mavity requested information regarding the sale of the BP on Excelsior Boulevard. Mr. Harmening agreed to provide Council with further information. Councilmember Mavity advised she recently met with Marshall O’Brien, a chef who lives in St. Louis Park and has a business working with schools. She stated Mr. O’Brien would like to talk to the City and Schools about getting involved in a community initiative in the fall with a specific focus on healthy eating. Council also discussed move-up housing and several new homes being built in the City. It was the consensus of the City Council to place this item on a future study session agenda and that this item was not a high priority. Councilmember Ross requested that Council have a future study session discussion based on its earlier discussions regarding what Council wants St. Louis Park to look like ten years from now. Councilmember Sanger requested that Council have a study session discussion regarding the processes used for appointing Councilmembers to serve as alternates on committees or to attend various meetings. She referenced the recent appointment of Councilmember Spano as an alternate on the Corridor Management Committee. Mr. Harmening agreed to place this item on the special study session agenda on July 15th. Mayor Jacobs stated he would be meeting with Golden Valley Mayor Shep Harris about the possibility of putting together a consortium of metro mayors to talk to Xcel Energy about underground power lines. He added that someone from Xcel Energy and the Public Utilities Commission would be coming to a study session meeting to discuss this with Council. The meeting adjourned at 8:59 p.m. Written Reports provided and documented for recording purposes only: 4. State Aid Street Designation – Wayzata Boulevard ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: August 5, 2013 Minutes: 3b UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION ST. LOUIS PARK, MINNESOTA JULY 15, 2013 The meeting convened at 6:30 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), Police Chief (Mr. Luse), Deputy Police Chief (Mr. DiLorenzo), Director of Operations and Recreation (Ms. Walsh), Environmental Coordinator (Mr. Vaughan), and Recording Secretary (Ms. Hughes). 1. City Council Policy Discussion – Committee Appointment Process and Legislative Contacts Mayor Jacobs opened the floor for discussion regarding the process to be used for appointing Councilmembers to outside boards or committees or for the Mayor and/or Council to have discussions with outside elected officials. Councilmember Hallfin stated it was his understanding that occasionally meetings are put on the schedule with little notice and Council needs to have some way to appoint someone to attend a meeting on a moment’s notice. He felt that the decision to appoint someone to a board or committee or to attend a meeting on behalf of the City in those situations where Council cannot meet to discuss the appointment beforehand should ultimately be the Mayor’s decision to make since he is the highest elected official. He added it would be great if Council could meet and discuss these decisions in advance but that is not always possible. Councilmember Sanger agreed with Councilmember Hallfin but felt the decision to appoint Councilmember Spano to the CMC could have and should have come back to Council for study session discussion. Mayor Jacobs agreed. Councilmember Sanger felt if Mayor Jacobs has a scheduling conflict and cannot attend a meeting on short notice, the Mayor Pro Tem should be asked to attend, adding she would have been happy to attend the CMC meeting. Councilmember Santa stated she did not have a problem with Councilmember Spano attending the CMC meetings and was not willing to change the Council representative attending these meetings, adding the City needs to have a strong presence on the CMC and consistency was important. She suggested that if a situation arises in the future where the Mayor cannot attend a meeting with elected officials or a committee meeting, that the Mayor deal with the situation as best he or she can and to bring it up at the next Council meeting so that Councilmembers are aware of the situation. City Council Meeting of August 5, 2013 (Item No. 3b) Page 2 Title: Special Study Session Meeting Minutes of July 15, 2013 Councilmember Mavity supported having Councilmember Spano continue to attend the CMC meetings, adding she felt it was important for the Mayor to attend these meetings whenever possible because all the other cities are sending their mayors to these meetings. She urged Council to make sure the process is more transparent moving forward. Mr. Harmening requested Council direction regarding a meeting on July 25th with Edina. Mayor Jacobs stated that Mayor Hovland has scheduled an informal meeting on July 25th with a number of mayors and he was unsure whether he could attend the meeting so he has asked Councilmember Sanger to attend as Mayor Pro Tem. 2. Deer Management Update Ms. Walsh presented the staff report and reviewed four options for Council consideration as outlined in the staff report. Councilmember Sanger stated there has been some question from residents about appropriate notice and it was her understanding that once approval is given to remove deer, a contractor is hired but residents are not notified of the exact date or time of the removal efforts because the City needs to retain some flexibility due to weather conditions, etc. Mr. Harmening stated that some other communities provide notice with a range of dates where removal efforts will be undertaken without providing specific dates. Councilmember Mavity stated it would appear the DNR’s process for counting deer and issuing permits may be a holdover from prior years and less applicable to an urban environment. She felt a key question for the City to consider was whether the DNR process is effective and applicable to the City’s current situation and she believed that question should be addressed with the DNR and neighboring cities in order to make sure the process reflects an urban environment and the past experiences of the City. She urged the City to ask the DNR for clarification to make sure the DNR is reviewing its policies to make sure they are applicable in an urban environment. She indicated the whole policy seems ineffective because the largest deer population is in a corner of the City adjacent to Minneapolis near Theodore Wirth and Golden Valley and felt that any deer management policy must be coordinated with adjacent communities. She requested information about the range of the firearms being used. Mr. DiLorenzo explained that the range of the projectile is one mile with a downward trajectory of 30-60 yards maximum and the firearms use frangible rounds that explode on impact. Councilmember Mavity stated she was not comfortable with a mile long trajectory based on the City’s past experience of human error. She suggested that the City meet with the DNR to talk about how their policies are applicable in an urban environment and whether a different approach should be used as well as a meeting with Golden Valley, Minneapolis, and possibly others to discuss coordination of deer management efforts. Mr. Vaughan stated that Minneapolis has previously indicated it is not interested in wildlife control and the City has tried contracting with Golden Valley in the past. He advised that the DNR has addressed the Biological Carrying Capacity but does not address the Cultural Carrying Capacity and it was doubtful the DNR would be interested in addressing this with Council. City Council Meeting of August 5, 2013 (Item No. 3b) Page 3 Title: Special Study Session Meeting Minutes of July 15, 2013 Councilmember Sanger stated that the City has to achieve some sort of balance with its deer management policy and felt if the City takes out some of the deer and Golden Valley takes out some of the deer that hopefully these joint efforts would reduce the herd to a manageable level. Councilmember Spano agreed that managing the deer population has merit but did not believe that shooting deer was the way to manage the population given the incident last fall and asked if there was a way to manage deer that does not involve firearms. Mr. Luse advised the City has conducted trapping and baiting in the past but there were issues with contamination and disabling of the traps by people opposed to this method. Mr. Harmening stated that fundamental disagreement exists about the proper size of the herd and until agreement is reached on the proper size of the herd, any discussion about how the City manages the herd through trapping or shooting is secondary. He stated if agreement is reached on deer removal, he felt the City could do a shoot safely in the community. Councilmember Hallfin agreed this was a difficult issue for the City and agreed the City needs to define the problem first before trying to solve it. Councilmember Mavity stated she could not support the discharge of firearms in an urban environment for this purpose at this time. Councilmember Santa stated the City has a policy in place for culling the herd and Council should address the issue of how to vet contractors to ensure they are going to follow the established guidelines as well as what the Police Department can do to ensure public safety in this environment. Councilmember Sanger agreed and noted the City has received repeated confirmation from the Police Department that it is safe to discharge firearms in the City for this purpose. She questioned whether the City should use the Police Department rather than contractors to manage the deer population given the previous experiences with contractors to help ensure more consistency and compliance with the current requirements, adding she would rather have the Police Department discharging firearms with their known safe practices. She stated there are many people upset about the damage caused by deer and the close calls with cars and was concerned that if the City did not do its best to try to manage the deer problem that rogue residents might take matters into their own hands and felt the City has a responsibility to manage the deer population. Councilmember Mavity suggested the City consider the use of deer contraception and stated there is evidence-based research available that indicates this works in a closed environment. She reiterated she did not think discharge of firearms was warranted at this point. Councilmember Spano stated he would like to have Council look at option #4 to defer a decision and have staff bring back additional information. He stated he does not have confidence in the way the City is currently managing the elimination of coyote and deer and would like City staff to come back with a policy that can give Council a greater level of comfort that community safety is being considered particularly given the incidents that have occurred in the past. He stated he would also like Council to consider non-firearms related options, e.g., trapping and contraception, and felt it was incumbent on the City to exhaust all options that do not involve use City Council Meeting of August 5, 2013 (Item No. 3b) Page 4 Title: Special Study Session Meeting Minutes of July 15, 2013 of a firearm in a densely populated environment. He added he felt it was Council’s responsibility to first consider all options available and to have a plan in place if use of firearms is determined to be the best approach to manage the deer population. Councilmember Sanger requested confirmation that the DNR prohibits cities from rounding up and moving deer to other locations. Mr. Vaughan replied that this was correct. Mr. DiLorenzo added the DNR also has to approve the use of birth control and the DNR has not done that in the past. It was the consensus of the City Council to defer a specific decision with respect to the current Deer Management Program and to direct staff to bring back additional information to allow Council to be better informed on its policy options. Councilmember Mavity requested confirmation that the current deer management policy is not in effect and that the policy has been suspended at this time prior to further work by staff. Mr. Harmening stated that Council will discuss the deer management policy again in the next month or two and before doing any kind of shoot. The meeting adjourned at 7:23 p.m. Written Reports provided and documented for recording purposes only: 3. Southwest LRT Update ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: August 5, 2013 Minutes: 3c UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JULY 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. Scott), Senior Planner (Mr. Walther), Assistant Zoning Administrator (Mr. Morrison), Recreation Supervisor (Ms. Abernathy), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Junior Leader Recognition Mayor Jacobs stated the Junior Leaders are an extraordinary group of 7-9th graders who volunteered over 1,200 hours of their time this summer. He then introduced Ms. Lisa Abernathy, Recreation Coordinator. Ms. Abernathy stated there were 30 Junior Leaders who completed the program this year and there were approximately 800 participants in the City’s playground program this summer. Mayor Jacobs presented certificates of appreciation to six of the Junior Leaders and thanked all the Junior Leaders for their service. 3. Approval of Minutes 3a. Special Study Session Meeting Minutes June 17, 2013 The minutes were approved as presented. 3b. Study Session Meeting Minutes June 24, 2013 Councilmember Spano requested that the fourth paragraph on page 4 be revised to state “Councilmember Spano noted the Council has placed a high value on planning/engineering for Highway 100 and suggested this be part of the City’s budgeting process.” City Council Meeting of August 5, 2013 (Item No. 3c) Page 2 Title: City Council Meeting Minutes of July 15, 2013 Councilmember Sanger requested that the fourth sentence of the ninth paragraph on page 6 be revised to state “She also suggested discussing underground lines with Xcel Energy and the importance of repairing or replacing the aging infrastructure.” The minutes were approved as amended. 3c. City Council Meeting Minutes July 1, 2013 The minutes were approved as presented. 3d. Joint City Council/School Board Meeting Minutes July 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. Approve a Temporary On-Sale Intoxicating Liquor License for Church of the Holy Family at 5900 & 5925 West Lake Street for August 10, 2013. 4b. Approve a Temporary On-Sale Intoxicating Liquor License for the Frank Lundberg American Legion Post 282, 5605 36th St. W. in St. Louis Park, for their Annual Anniversary Celebration to be held July 27 and 28, 2013, in the parking lot at the American Legion. 4c. Adopt Resolution No. 13-105 designating Wayzata Boulevard between Ford Road and the west city limit as a Municipal State Aid Street. 4d. Adopt Resolution No. 13-106 authorizing the City to enter into an agreement with Hennepin County for participation in a bikeway feasibility study for Cedar Lake Road between Highway 169 and Nevada Avenue, and on Virginia Avenue from Cedar Lake Road to the North Cedar Lake Regional Trail. 4e. Adopt Resolution No. 13-107 approving a Minor Amendment to the Planned Unit Development (PUD) for Costco Fueling Facility, with conditions recommended by staff. 4f. Adopt Resolution No. 13-108 approving the use of the Hennepin County Environmental Response Fund (ERF) for the 3601/3 Rhode Island Avenue Rehabilitation Project. 4g. Approve for filing Fire Civil Service Commission Minutes April 30, 2013. 4h. Approve for filing Board of Zoning Appeals Meeting Minutes May 23, 2013. 4i. Approve for filing Planning Commission Meeting Minutes June 5, 2013. 4j. Approve for filing Vendor Claims. City Council Meeting of August 5, 2013 (Item No. 3c) Page 3 Title: City Council Meeting Minutes of July 15, 2013 It was moved by Councilmember Santa, seconded by Councilmember Mavity, 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 - None 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. First Reading – Zoning Ordinance Amendment – Parking Uses. Mr. Morrison presented the staff report and proposed Zoning Ordinance amendments. He explained that Time Transfer Stations have been removed entirely from the Zoning Ordinance, Transit Stations have been removed from residential districts, and Parking Business has been removed from the C-1 District. He advised that Off-street parking areas are permitted as an accessory use in the R-1, R-2, and R-3 areas and the Ordinance has been amended to include a definition of this use, noting that off-street parking is intended for single family homes to provide an area to park on private property. He stated that the only parking allowed in the Parking Open Space is a parking lot, which is an accessory use and not allowed to operate as the only use. He added that other amendments to the Zoning Ordinance are intended to clarify existing provisions and remove unnecessary language. Councilmember Sanger requested confirmation that the off-street parking areas allowed in the R-1, R-2, and R-3 districts are intended for the use of either the people living there or the institutions that might be in those districts and not for the general public. Mr. Morrison stated that this was correct. Councilmember Sanger suggested clarifying the language in the Zoning Ordinance prior to Second Reading to state that off-street parking areas are not for general public purposes. Councilmember Mavity requested further information about how this amendment might impact the planning being done around the light rail station areas, e.g., Beltline, noting this area is intended to include a park and ride. Mr. Morrison explained that transit station areas have been taken into consideration and noted that in the Business Park District, transit stations are permitted. He stated that parking ramps are allowed by CUP in the Business Park District so the City can pay close attention to the placement and architecture of the parking ramps in the transit and pedestrian oriented Business Park District. City Council Meeting of August 5, 2013 (Item No. 3c) Page 4 Title: City Council Meeting Minutes of July 15, 2013 It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve First Reading of Ordinance Amending the St. Louis Park Zoning Ordinance Relating to Parking and Other Miscellaneous Clarifications, as amended, and to set Second Reading for August 5, 2013. The motion passed 6-0 (Councilmember Ross absent). 8b. Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.). Mr. Morrison presented the staff report and explained the property was recently approved for a CUP, rezoning, and variance to allow the remodeling of the existing gas station. He reviewed the conditions of approval for the CUP including the requirement that the properties be combined into one property. He stated the building placement will not change and the applicant will use the existing gas station and canopies with parking to remain along the north side. He advised that parking on the northwest and east side will be altered to make room for landscaping, driveways, and drive lanes for the car wash with access to the car wash on the east. He stated additional parking has been provided on the remaining south half of 3921 Excelsior Boulevard and the total property will consist of 57,852 square feet. He added the plat meets all conditions of the subdivision ordinance and includes all necessary easements. Councilmember Mavity requested further information about the conditions of approval as part of the CUP and asked if those conditions have been consistently met since approval in December 2011. Mr. Morrison advised the easements have been signed and recorded and there has been some discussion about the display of cars and overnight storage. He stated there is a complaint in process involving some of the applicant’s other properties, but this property is not part of that complaint. Councilmember Mavity asked if Council is constrained on whether it can approve the Preliminary/Final Plat if certain CUP conditions have not been met. Mr. Morrison stated the application before Council is for the Preliminary/Final Plat itself and not the CUP. Mr. Scott stated that Mr. Morrison’s statement was correct and any issue with the CUP would not be a basis for not approving the plat. He advised there is a process for revoking a CUP that involves a hearing and would be separate from the approval of the Preliminary/Final Plat. Councilmember Mavity stated there are conditions of approval in place and if those conditions have not been met then maybe that needs to occur first before moving forward with approval of the Preliminary/Final Plat. Mr. Scott stated if the City can establish that the CUP conditions are not being met the City could consider a process to initiate revocation of the CUP. He indicated he was not sure at this point that the City has sufficiently documented that the CUP conditions have City Council Meeting of August 5, 2013 (Item No. 3c) Page 5 Title: City Council Meeting Minutes of July 15, 2013 not been met relating to this property, adding there is another property owned by the applicant that is subject to a current enforcement action. Councilmember Mavity requested that Council consider tabling action on the Preliminary/Final Plat pending further work by staff to explore the applicant’s compliance with the CUP. Mr. Morrison indicated the City previously extended the 60-day deadline and the deadline will expire on September 10, 2013. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to table action on the resolution approving the Preliminary/Final Plat until further information is presented by staff with respect to the previous CUP approvals. Councilmember Santa requested a friendly amendment requiring Council to take action on the Preliminary/Final Plat prior to the deadline on September 10, 2013. Councilmember Mavity agreed to the friendly amendment. Councilmember Sanger seconded the friendly amendment. The motion passed 6-0 (Councilmember Ross absent). 9. Communications Mayor Jacobs complimented the City crews for doing yeoman’s work cleaning up after the storm damage and indicated City crews will be working another couple of weeks to complete the clean up. 10. Adjournment The meeting adjourned at 7:56 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses RECOMMENDED ACTION: Motion to Approve Second Reading and Adopt Ordinance amending Chapter 36 of the City Code pertaining to parking uses, and to approve the summary ordinance for publication. POLICY CONSIDERATION: Should the City revise parking land uses in the zoning ordinance? SUMMARY: This ordinance is prompted by a concern that parking lots intended for use by customers and employees could instead be used to store vehicles for sale, repair or other purposes. The draft ordinance proposes the following: 1. Remove the “Parking Business” land use from the zoning ordinance. 2. Remove the “Time Transfer Station” land use from the zoning ordinance. 3. Remove “Transit Stations” from the residential districts. 4. Miscellaneous amendments to clarify existing provisions and remove unnecessary language. 5. Not allow parking lots in the single family and two family residential districts. First reading: At the First Reading, the Council asked that the definition of “off-street parking areas” be clarified so as not be for general public use. The definition was modified to read as follows: Off-street parking areas means private off-street parking spaces that are not accessible to the public. NEXT STEPS: If the second reading is approved, the ordinance will be published on August 15, 2013, and take effect on August 30, 2013. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not Applicable SUPPORTING DOCUMENTS: Table of Existing/Proposed Parking Land Use Regulations Proposed Ordinance Summary Ordinance Excerpt of Planning Commission Minutes Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Michelle Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of August 5, 2013 (Item No. 4a) Page 2 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses This table shows the following: How all parking land uses are reviewed and approved in each Zoning District. The changes resulting from the proposed ordinance. Underlined represents a change added to the ordinance. Strikeout represents a deletion from the existing ordinance. Parking Land Uses POS R-1 R-2 R-3 R-4 R-C C-1 C-2 O B-P I-P I-G M-X Garages and other accessory buildings A A A A A Off-street parking areas A A A Parking lot A A A A A A A A A A Parking lot as principal use PC P PC PC PC Parking ramp A A A A A A A A Parking ramp as principal structure PC PC CUP PC PC Private garages and parking lots A A Transit stations PC PC PC P P PC P P P P P Transit stops/shelters A Time Transfer Stations PC P P Parking Business PC P = permitted PC = permitted with conditions CUP = permitted as conditional use PUD = permitted by PUD A = permitted as accessory use City Council Meeting of August 5, 2013 (Item No. 4a) Page 3 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses ORDINANCE NO.____-13 AN ORDINANCE AMENDING THE ST. LOUIS PARK ZONING ORDINANCE RELATING TO PARKING AND OTHER MISCELLANEOUS CLARIFICATIONS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 13-22-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-142, 150, 161, 164, 165, 166, 167, 193, 194, 223, 233, 243, 244, 266, 361 are hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. DIVISION 2. LAND USE DESCRIPTIONS AND CHARACTERISTICS *** (f) Transportation uses. The following are typical of the transportation uses referred to in this chapter: *** (3) Off-street parking areas means private off-street parking spaces that are not accessible to the public. (34) Parking lots means surfaced and improved ground surface areas used for the parking of licensed and operable motor vehicles for periods of less than 24 hours. (45) Parking ramp means a structure built for the storage of licensed, operable motor vehicles for periods of less than 24 hours. Characteristics may include noise, exhaust fume odor, heavy traffic and large structure mass and footprint. (5) Time transfer station means a facility where passengers are transferred on, off, or between public transportation vehicles. This use is characterized by large volumes of bus and auto traffic at peak hours. (6) Transit stations means on-site loading, unloading and transferring of passengers on, off or between public transportation ground vehicles. Parking lots and parking ramps frequently are located in conjunction with the station. *** DIVISION 3. PARKS AND OPEN SPACE ZONING DISTRICT Sec. 36-150. Purpose of division. *** (e) Accessory uses. The following uses shall be permitted accessory uses in a POS district: City Council Meeting of August 5, 2013 (Item No. 4a) Page 4 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses *** (2) Parking Lot. *** Sec. 36-163. R-1 single-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-1 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use in this subsection. *** (9) Transit station. The facilities shall be limited to bus stops and associated parking lots and shall not include time transfer stations or other intense land uses. *** (e) Accessory uses. The following uses shall be permitted accessory uses in an R-1 district: (1) Garages and other accessory buildings in conformance with section 36-162. (2) Off-street parking areas in conformance with sections 36-162 and 36-361. *** Sec. 36-164. R-2 single-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-2 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use permitted in this subsection. *** (9) Transit station. The conditions for a transit station is that facilities shall be limited to bus stops and associated parking lots and shall not include time transfer stations or other intense land uses. *** (e) Accessory uses. The following uses shall be permitted accessory uses in an R-2 district: (1) Garages and other accessory buildings in conformance with section 36-162. (2) Off-street parking areas in conformance with sections 36-162 and 36-361. *** Sec. 36-165. R-3 two-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-3 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use in this subsection (c): *** (10) Transit station. The condition for a transit station is that facilities shall be limited to bus stops and associated parking lots and shall not include time transfer stations or other intense land uses. City Council Meeting of August 5, 2013 (Item No. 4a) Page 5 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses *** (e) Accessory uses. The following uses shall be permitted accessory uses in an R-3 district: (1) Garages and other accessory buildings in conformance with section 36-162. (2) Off-street parking areas in conformance with sections 36-162 and 36-361. *** Sec. 36-166. R-4 multiple-family residence district. *** (f) Accessory uses. The following uses shall be permitted accessory uses in an R-4 district: (1) Private garages and parking lots spaces, provided they meet the requirements of sections 36-361 and 36-366. *** (13) Parking ramps provided that all of the following conditions are met: *** b. The minimum required yard for any parking ramp located within 200 feet of any parcel parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, shall be 50 feet. *** Sec. 36-167. R-C high-density multiple-family residence district. *** (f) Accessory uses. The following uses shall be permitted accessory uses in an R-C district: (1) Private garages and parking lots space, provided they meet the requirements of section 36- 361 and 36-366. *** Sec. 36-193. C-1 neighborhood commercial district. *** (c) Uses permitted with conditions. A structure or land in a C-1 district may be used for one or more of the following uses. *** (3) Reserved. (4) Reserved. (53) Parks/recreation. The conditions are as follows: a. The principal structure shall be located a minimum of 50 feet from a lot in an R district. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an R district. c. Swimming pools shall be located a minimum of 50 feet from any lot line and a minimum of 12 feet from any other structure on the same lot. d. Facilities which serve a community wide or regional function shall be located with primary vehicular access on a collector or arterial street. City Council Meeting of August 5, 2013 (Item No. 4a) Page 6 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses (64) Public service structures. The conditions are as follows: a. All exterior faces of all buildings shall meet the provisions of article V of this chapter. b. All structures shall be located a minimum of 15 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers. c. All service drives shall be paved. (75) Animal handling. The conditions are as follows: a. No animals or pens shall be kept outside the building or cause offensive odor or noise discernible at the property line of the lot on which the activity is conducted. b. Where animals are boarded, the facility shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (86) Appliance, small engine and bicycle repair. Engines shall not be operated or tested outside of a structure if the use is located within 300 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (9) Reserved. (10) Reserved. (11) (Repealed Ord. No. 2311, 1-27-06) (127) Food service. The conditions are as follows: a. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial roadway, or shall be otherwise located so that access can be provided without generating significant traffic on local, residential streets. b. No building may be located within 25 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (13) Reserved. (14) Reserved. (158) Printing process. The conditions are as follows: a. The floor area of the operation cannot exceed 5,000 square feet. (169) Private entertainment (indoor) without intoxicating liquor license. The conditions are as follows: a. The structure in which the use is conducted shall be located a minimum of 60 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. b. If there is a wine and/or beer license, there shall be no separate bar area within the establishment. (1710) Restaurants without intoxicating liquor license. The conditions are as follows: a. 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. b. Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. City Council Meeting of August 5, 2013 (Item No. 4a) Page 7 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses c. If there is a wine and/or beer liquor license, there shall be no separate bar area within the restaurant. (18) Reserved. (1911) Service. The maximum floor area shall be 2,500 square feet. (2012) Studio. The conditions are as follows: a. No impact noise shall be audible from any property located in an R district. (2113) Communication towers that are 45 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). (2214) Limited impact sexually-oriented business. The conditions are as follows: a. No owner, manager or employee shall allow any sexually-oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business. b. The business owner, manager or employee shall assure that no person under the age of 18 years enters the separate area where sexually-oriented materials are provided. c. No owner, manager or employee shall allow any person under the age of 18 years to have access to any sexually-oriented materials, whether by sight, purchase, touch, or any other means. d. No owner, manager, or employee may sell or display for sale any sexually-oriented materials except in original unopened packages. e. No business may have a license under chapter 3 of this Code other than an off-sale license for nonintoxicating malt liquor. f. Both the owner of a sexually-oriented business and the manager of the business shall be responsible for the conduct of their employees and for compliance with this section. g. No owner or manager of a sexually-oriented business shall employ a person under the age of 18 years. h. No owner, manager or employee of a sexually-oriented business shall have been convicted of violating this section three or more times within 24 months. (2315) Residential/multifamily/cluster housing. The conditions are as follows: a. It is part of a commercial development permitted within the district. b. The building design and placement provide a desirable residential environment. c. Access to open space, plazas, and pedestrianways is provided. d. The housing is located above the ground floor. e. The minimum spacing between buildings is at least equal to the average heights of the buildings except where dwellings share common walls. f. The total number of units provided on an individual parcel does not exceed eight units. (2416) Libraries. The condition for libraries is that these cannot exceed intensity classification 4 (2517) Museums. The condition for museums is that these cannot exceed intensity classification 4 (2618) Police/fire stations. The condition for police/fire stations is that these cannot exceed intensity classification 4 (27) Transit stations. The condition for transit stations is that these cannot exceed intensity classification 4 (28) Parking business. The condition for parking business is that these cannot exceed intensity classification 4 (2919) Parking lot. The condition for parking lot is that these cannot exceed intensity classification 4 The conditions are as follows: City Council Meeting of August 5, 2013 (Item No. 4a) Page 8 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses a. Vehicles shall not be parked on the parking lot from midnight to 5am. b. Vehicles shall be licensed and operable. c. Outside storage of materials, equipment or other items other than vehicles is not permitted. (3020) Medical/dental office. The condition for medical/dental office is that these cannot exceed intensity classification 4 (3121) Funeral home. The condition for funeral home is that these cannot exceed intensity classification 4 (3222) Banks. The condition for banks is that these cannot exceed intensity classification 4 (3323) Business/trade schools/college. The condition for business/trade schools is that these cannot exceed intensity classification 4 (3424) Office. The condition for office is that these cannot exceed intensity classification 4 (3525) Retail. The condition for retail is that these cannot exceed intensity classification 4 (3626) Large item retail. The condition for large item retail is that these cannot exceed intensity classification 4. (3727) Shopping Centers. The condition for shopping centers is that these cannot exceed intensity classification 4. *** Sec. 36-194. C-2 general commercial district. *** (b) Permitted uses. The following uses are permitted in the C-2 district. *** (15) Time transfer stations. (16) Transit stations. (1716) Large item retail under 20,000 square feet. *** (f) Accessory uses. The following uses shall be permitted accessory uses in any C-2 district: *** (2) Parking lots which comply with the requirements of section 36-361. (3) Parking ramps if all of the following conditions of subsection (c)(21) of this section are met.: a. The height of any parking ramp located within 200 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers may not penetrate the height of a line commencing at and perpendicular to said parcel line and extending upward away from said parcel at a slope of five horizontal feet for each vertical foot. b. The minimum yard requirement for any parking ramp located within 200 feet of a parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, shall be 50 feet. c. Access shall be from a roadway identified in the comprehensive plan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on local residential streets. City Council Meeting of August 5, 2013 (Item No. 4a) Page 9 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses d. If the parking ramp is located within 400 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within said parcel ten feet lower than the maximum structure height of that use district at a distance of 400 feet from the wall of the parking ramp nearest to said parcel. *** Sec. 36-233. BP business park district. *** (d) Uses permitted by conditional use permit. No structure or land in a BP district shall be used for the following uses except by conditional use permit. These uses shall comply with all standards of the Zoning Ordinance, Chapter 36, and shall only be permitted if findings are produced indicating that there are no adverse impacts upon the health, safety and welfare of the community. *** (4) Parking ramps. a. Parking ramps constructed as the principal use on a site shall meet the dimensional standards of this Section. b. Parking ramps shall meet or exceed the architectural design standards for principal buildings found in Section 36-366. ac. A minimum of 40% of the street level frontage of a parking ramp located adjacent to a street designated as a “Collector” or higher in the Comprehensive Plan shall be dedicated to non-parking uses. This requirement may be adjusted at the direction of the Planning Commission based on specific reasons related to site design. bd. Parking ramps shall be designed so that vehicles are not visible from the sidewalk and the only openings at street level are those to accommodate vehicle ingress and egress. ce. Snow removal areas shall not be located in the front yard or side yard abutting a street. *** (f) Accessory uses. Within any BP district, the following shall be permitted accessory uses, subject to any required conditions: *** (4) Parking ramps, subject to the following conditions: for parking ramps found in Section 36- 233 (d)(6). a. A minimum of 40% of the street level frontage of a parking ramp located adjacent to a street designated as a “Collector” or higher in the Comprehensive Plan shall be dedicated to non-parking uses. This requirement may be adjusted at the direction of the Planning Commission based on specific reasons related to site design. b. Parking ramps shall be designed so that vehicles are not visible from the sidewalk and the only openings at street level are those to accommodate vehicle ingress and egress. c. Snow removal areas shall not be located in the front yard or side yard abutting a street. (5) Parking lots. City Council Meeting of August 5, 2013 (Item No. 4a) Page 10 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses *** Sec. 36-243. I-P industrial park district. *** (b) Permitted uses. The following uses are permitted in an I-P district. *** (9) Transit stations. (10) Time transfer stations. (11) Studios. *** Sec. 36-244. I-G general industrial district. *** (b) Permitted uses. The following uses are permitted in an I-G district. *** (12) Transit stations. (13) Time transfer stations. (14) Catering. (1514) Brewery. *** (e) Accessory uses. The following uses shall be permitted within any I-G district: *** (2) Off-street Pparking lots which comply with section 36-361. (3) Parking ramps, if they comply with all of the following conditions: of subsection (c)(13) of this section. a. The height of any parking ramp located within 200 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers, may not penetrate the height of a line commencing at and perpendicular to such parcel and extending upward away from such parcel at a slope of five horizontal feet for each vertical foot. b. The minimum yard requirement for any parking ramp located within 200 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers, shall be 50 feet. c. Access shall be directly to a roadway identified as a collector or arterial in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets. d. Screening shall be provided along all property lines abutting an R district. The screening shall include a six foot berm where the parking ramp is above ground. City Council Meeting of August 5, 2013 (Item No. 4a) Page 11 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses e. If the parking ramp is located within 400 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within such parcel ten feet lower than the maximum structure height of that use district at a distance of 400 feet from the wall of the parking ramp nearest to such parcel. *** DIVISION 9. M-X MIXED USE DISTRICT *** Sec. 36-266. Accessory uses. *** (3) Parking lots designed in accordance with section 36-361 except that the number of required spaces may be reduced as provided in subsection 36-266(6). (4) Parking ramps designed in accordance with the conditions contained in section 36- 194(c)(21) and utilizing the same exterior facing materials as the principal buildings. *** (6) Public transit stops/shelters. *** Sec. 3. The contents of Planning Case File 13-22-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 4. This Ordinance shall take effect fifteen days after its publication. Public Hearing June 26, 2013 First Reading July 15, 2013 Second Reading August 5, 2013 Date of Publication August 15, 2013 Date Ordinance takes effect August 30, 2013 Reviewed for Administration Adopted by the City Council August 5, 2013 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of August 5, 2013 (Item No. 4a) Page 12 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses SUMMARY ORDINANCE NO.____-13 This ordinance amends the Zoning Ordinance relating to parking uses and other miscellaneous clarification. This ordinance shall take effect 15 days after publication. Adopted by the City Council August 5, 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: August 15, 2013 City Council Meeting of August 5, 2013 (Item No. 4a) Page 13 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses EXCERPT OF UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA June 26, 2013 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Dennis Morris, Richard Person MEMBERS ABSENT: Carl Robertson, Larry Shapiro STAFF PRESENT: Gary Morrison, Sean Walther, Nancy Sells 1. Call to Order – Roll Call Vice-Chair Morris called the meeting to order. 3. Public Hearings B. Zoning Text Amendment – Parking Uses Applicant: City of St. Louis Park Case No.: 13-22-ZA Mr. Morrison stated that the purpose of the amendment is to clarify what types of parking uses are allowed in the City, in which districts they are permitted, and conditions associated with them. He displayed a table summarizing all the proposed changes. Commissioner Johnston-Madison asked about parking lots in R-1, R-2, and R-3 Districts. Mr. Morrison responded that parking lots would be allowed with conditions in the R-1, R-2 and R-3 Districts. He said currently several parking lots exist in those zoning districts, mostly the result of tax forfeit properties from the 1960s. They have either become additional parking for commercial businesses that don’t have sufficient parking or they have become park and rides. They are all being used. Rather than leave them as non-conforming uses, they would be permitted with conditions. Commissioner Johnston-Madison said she’d rather see the properties stay non- conforming. She’s concerned about going forward if the house was removed for any reason or attached to a commercial property. Vice-Chair Morris commented that the use could be converted later. Commissioner Johnston-Madison said she is looking at it from the perspective of a neighborhood which abuts commercial properties, such as the residential neighborhood behind Miracle Mile. Mr. Morrison said as proposed in the ordinance, someone could acquire a home in an R-1 Zoning District and convert it to a parking lot for additional parking for a business. He said it has not been requested in the 10 years he has been with the City. Staff reviewed City Council Meeting of August 5, 2013 (Item No. 4a) Page 14 Title: Second Reading - Zoning Ordinance Amendment Pertaining to Parking Uses this possibility and determined it could be handled administratively rather than through the CUP process. Vice-Chair Morris said he didn’t foresee any commercial properties acquiring a residential property and converting it to business parking without having to rezone the lot. Mr. Morrison said the non-conforming lots can continue to exist as non-conforming uses, repaired and maintained and replaced. They cannot be expanded. Vice-Chair Morris opened the public hearing. Alberto Bertomeu, owner of several St. Louis Park properties, said he suggested that the free market decide the best uses for properties. He said there are many small businesses along Excelsior Blvd. that cannot be developed as they have no parking. He stated there are very stringent regulations on parking in St. Louis Park. The City needs to decide if Excelsior Blvd. should be a residential boulevard or a commercial avenue. He said the city should let the business owners invest and buy land. He gave the example of a property he recently acquired which abuts residential land he would have liked to use for parking. Vice-Chair Morris closed the public hearing. Commissioner Johnston-Madison said she understands the concerns of Mr. Bertomeu and other small business owners. She said the parking lot he would have been interested in developing would have been right in the middle of a residential area. Commissioner Johnston-Madison made a motion to recommend approval of the Zoning Ordinance Amendment pertaining to Parking Uses except for parking lots PC Permitted with Conditions in the R-1, R-2 and R-3 Districts, which should be deleted. Commissioner Kramer seconded the motion. Commissioner Person asked if those three items were deleted and a lot was purchased, would the only recourse be a rezoning? Mr. Morrison stated that the recourse would be to go through a Comprehensive Land Use change and a rezoning. The motion passed on a vote of 4-1 (Person opposed). Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Final Payment Resolution - Contract No.116-12 w/ Midwest Asphalt - Project No. 2012-1307 RECOMMENDED ACTION: Motion to Adopt Resolution accepting work and authorizing final payment in the amount of $4,540.08 for the 2012 Beltline Boulevard Trail Realignment project with Midwest Asphalt. – Project No. 20112-1307, Contract No. 116-12. POLICY CONSIDERATION: Does the Council wish to approve this final contract payment? SUMMARY: Based on City Council direction, on August 20, 2012, the City Manager awarded a contract in the amount of $82,348.70 to Midwest Asphalt for the Beltline Boulevard Trail Realignment Project – Project 2012-1307. The project included shifting the north bound traffic lanes to create a center median refuge for trail users and shifts the trail north at Beltline Boulevard to creating an extra measure of visibility, awareness, and safety for both trail and roadway users. The Contractor completed the work within the contract time allowed at a final contract cost of $90,348.70. Approval of a Final Payment Resolution by Council is requested for reimbursement from Three Rivers Park District for fifty percent of the project costs. FINANCIAL OR BUDGET CONSIDERATION: Final Contract Cost The cost of the work performed by the Contractor under Contract No. 116-12 has been calculated as follows: Original Contract $ 82,348.70 Overruns $7,687.83 Change Order No. 1 765.00 Construction Total $90,801.53 Funding Sources This project was not previously planned for nor included in the City’s adopted Capital Improvement Program (C.I.P.). This project has a cost share of fifty percent from a Three Rivers Park District Cooperative Agreement for Cost Participation and fifty percent from the City of St. Louis Park’s Development Fund and General Fund. Upon this final payment resolution staff will begin the process of invoicing Three Rivers Park District for the fifty percent of the project costs. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jack Sullivan, Interim Director of Engineering Reviewed by: Scott Brink, City Engineer Approved by: Tom Harmening, City Manager City Council Meeting of August 5, 2013 (Item No. 4b) Page 2 Title: Final Payment Resolution - Contract No.116-12 w/ Midwest Asphalt - Project No. 2012-1307 RESOLUTION NO. 13-___ RESOLUTION ACCEPTING WORK ON THE BELTLINE BOULEVARD TRAIL REALIGNMENT CITY PROJECT NO. 2012-1307 CONTRACT NO. 116-12 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 August 20, 2012, Midwest Asphalt has satisfactorily completed the Beltline Boulevard Trail Realignment per Contract No. 116-12. 2. The Interim 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 $82,348.70 Overruns $7,687.83 Change Order No. 1 $765.00 Contract Amount $90,801.53 Previous Payments $ 86,261.46 Balance Due $ 4,540.07 Reviewed for Administration: Adopted by the City Council August 5, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Consultant Contract – Bridge Program Administration and Capital Project Services RECOMMENDED ACTION: Motion to approve a contract with WSB and Associates, Inc. for engineering consulting services related to bridge program administration and design for bridge rehabilitation projects as identified in the Capital Improvement Program (C.I.P.). POLICY CONSIDERATION: City Council approval is required for contracts that exceed $100,000. This contract is necessary to maintain obligations of the City’s bridge program administration (inspection) program as required by the State of Minnesota, and will also allow for engineering and design work to begin for specific bridge rehabilitation projects as identified in the Capital Improvement Program (C.I.P.), identified over the next 1-5 years. SUMMARY: Under the rules and requirements of the State of Minnesota, the City conducts bridge safety inspections on a regular basis. As part of this effort, detailed bridge safety inspection reports (including recommended repairs and maintenance) and associated administration is required. Specific training and certification requirements are required for the individuals conducting these efforts. The use of consulting services will assist the City in fulfilling these requirements. Through past inspections, three bridges have been recommended for rehabilitation or replacement within the next five years. The three bridges all cross Minnehaha Creek and are located at 36th Street, 37th Street, and Louisiana Avenue. The consulting services will allow the City to commence the work needed to begin the process of designing the appropriate rehabilitation plans for each bridge, begin processing of permits with other agencies, and identify potential funding sources to assist in the construction. FINANCIAL OR BUDGET CONSIDERATION: The proposal from WSB Associates, Inc. estimates the cost for their consulting services at $181,082. The majority of this amount is for the design portion of the capital projects and earmarked at this time to be paid from Municipal State Aid. The bridge program administration and inspection services will be funded from general funds in the engineering budget, consistent with past practice. The following terms are incorporated into this contract: 1. Compensation is based on actual work performed with a maximum contract amount of $181,082. 2. WSB and Associates has independent contractor status. 3. City may terminate this contract with seven (7) days notice. The document utilized for this contract is the City’s standard professional services agreement developed by the City Attorney. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Scott Brink, City Engineer Reviewed by: Jack Sullivan, Interim Director of Engineering Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Traffic Study No. 640: Authorize the Installation of Parking Restrictions at 4811- 4815 Excelsior Boulevard RECOMMENDED ACTION: Motion to Adopt Resolution authorizing installation of parking restrictions on the south side of Excelsior Boulevard at 4811- 4815 Excelsior Boulevard. POLICY CONSIDERATION: The restriction is allowed per the City’s established regulatory authority. SUMMARY: The City received a request from a property owner at the above location to revise the available parking at this location to a 2-hour parking limit, as there currently are no restrictions. Currently, longer-term parking at this location can sometimes make it difficult for businesses to provide adequate parking for their customers. Parking restrictions of this nature along the Excelsior Boulevard corridor are typical, and staff considers this to be a reasonable request. A notification of this request was sent to all affected properties where the proposed restrictions would be implemented, and no opposition was received. As a result, Staff recommends installation of the 2-hour parking limit restrictions as requested. FINANCIAL OR BUDGET CONSIDERATION: The cost of enacting these controls is minimal and will come out of the general operating budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Map Prepared by: Scott A. Brink, City Engineer Reviewed by: Jack Sullivan, Interim Director of Engineering Approved by: Tom Harmening, City Manager City Council Meeting of August 5, 2013 (Item No. 4d) Page 2 Title: Traffic Study No. 640: Authorize the Installation of Parking Restrictions at 4811- 4815 Excelsior Boulevard RESOLUTION NO. 13-____ RESOLUTION AUTHORIZING INSTALLATION OF PARKING RESTRICTIONS ALONG THE SOUTH SIDE OF EXCELSIOR BOULEVARD AT 4811 - 4815 EXCELSIOR BOULEVARD TRAFFIC STUDY NO. 640 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota that it is in the best interest of the City to install parking restrictions along the south side of Excelsior Boulevard at 4811- 4815 Excelsior Boulevard. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Engineering is hereby authorized to install the following controls: 1. 2 hour parking limit signs shall be installed along the south side of Excelsior Boulevard at 4811- 4815 Excelsior Boulevard. Reviewed for Administration: Adopted by the City Council August 5, 2013 City Manager Mayor Attest: City Clerk City Council Meeting of August 5, 2013 (Item No. 4d) Page 3 Title: Traffic Study No. 640: Authorize the Installation of Parking Restrictions at 4811- 4815 Excelsior Boulevard TRAFFIC STUDY NO. 640 PARKING RESTICTIONS AT 4811-4815 EXCELSIOR BOULEVARD PROPOSED PARKING RESTRICTION LOCATION Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: Traffic Study No. 641: Authorize Installation of Parking Restrictions Excelsior Blvd & Alabama Ave RECOMMENDED ACTION: Motion to Adopt Resolution authorizing installation of parking restrictions at the Municipal Lot located at the northwest corner of the intersection of Excelsior Boulevard and Excelsior Boulevard. POLICY CONSIDERATION: The restriction is allowed per the City’s established regulatory authority. SUMMARY: The City received a request from a property owner at the above location to limit the amount of unrestricted parking within the municipal lot at the above location. Currently, parking is allowed for any length of time for the entire lot between the hours of 6:00 AM until 2:00 AM. The City has received complaints that customer parking is limited due to heavy usage by all-day users (including employees and park and ride users). To resolve this issue, staff has proposed a restriction on four of the stalls to a 2-hour time limit. There are 22 spots total in the parking lot. Notifications of this proposal have been sent to all adjacent properties with interest in the municipal lot, and no objections have been received. As a result, staff recommends installation of the 2-hour parking limit restrictions on 4 stalls as requested. FINANCIAL OR BUDGET CONSIDERATION: The cost of enacting these controls is minimal and will come out of the general operating budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Map Prepared by: Scott A. Brink, City Engineer Reviewed by: Jack Sullivan, Interim Director of Engineering Reviewed by: Mark Hanson, Public Works Superintendent Approved by: Tom Harmening, City Manager City Council Meeting of August 5, 2013 (Item No. 4e) Page 2 Title: Traffic Study No. 641: Authorize Installation of Parking Restrictions Excelsior Blvd & Alabama Ave RESOLUTION NO. 13-____ RESOLUTION AUTHORIZING INSTALLATION OF PARKING RESTRICTIONS AT THE MUNICIPAL LOT LOCATED AT THE NORTHWEST CORNER OF EXCELSIOR BOULEVARD AND ALABAMA AVENUE TRAFFIC STUDY NO. 641 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota that it is in the best interest of the City to install parking restrictions within the municipal lot located at the northwest corner of Excelsior Boulevard and Alabama Avenue. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Engineering is hereby authorized to install the following controls within above referenced parking lot: 1. 2 hour parking limit signs shall be installed for 4-parking stalls adjacent to Excelsior Boulevard at the location shown on the attached Exhibit. Reviewed for Administration: Adopted by the City Council August 5, 2013 City Manager Mayor Attest: City Clerk City Council Meeting of August 5, 2013 (Item No. 4e) Page 3 Title: Traffic Study No. 641: Authorize Installation of Parking Restrictions Excelsior Blvd & Alabama Ave TRAFFIC STUDY NO. 641 PARKING RESTICTIONS AT MUNICIPAL PARKING LOT AT THE NORTHWEST CORNER OF EXCELSIOR BOULEVARD AND ALABAMA AVENUE PROPOSED LOCATION OF 2-HOUR PARKING Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4f EXECUTIVE SUMMARY TITLE: Confirm Appointment of Jack Sullivan to the Position of Interim Engineering Director RECOMMENDED ACTION: Confirm the appointment of Jack Sullivan to the position of Interim Engineering Director effective July 15, 2013. POLICY CONSIDERATION: None at this time. SUMMARY: Due to the vacancies in the Engineering Department, leadership is needed. City Engineer Scott Brink had been serving as Interim Director but has submitted his resignation effective July 31, 2013. The City Manager has determined that Senior Engineering Project Manager Jack Sullivan will be appointed as Interim Engineering Director to manage department activities and provide leadership and oversight until key positions are filled. Jack has worked for the City since February, 2012 and had extensive engineering experience with the City of Edina prior to joining our staff. He has the trust and respect of the City Manager and other staff. He will bring many talents and abilities to this role. While City Charter does not technically require Council consent for interim appointments, the City Manager is seeking Council confirmation of Jack Sullivan’s appointment to the position of Interim Engineering Director. With the acceptance of this consent item, confirmation will be approved. FINANCIAL OR BUDGET CONSIDERATION: Funds are budgeted for this change. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4g EXECUTIVE SUMMARY TITLE: Final Payment Resolution - Contract 37-11 Dynamic Electric LLC - Project 2008-3001 RECOMMENDED ACTION: Motion to Adopt Resolution authorizing final payment in the amount of $76,008.65 and accepting work for Fire Station No. 1 Work Scope 24 (Electrical) for Project No. 2008-3001, City Contract No. 37-11. 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 24 (Electrical) for Fire Station No. 1 to Dynamic Electric LLC on April 11, 2011, in the amount of $1,078,000.00. The contractor completed this work at a final contract cost of $1,103,864.00. The additional costs related to owner directed changes. 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: Mark Windschitl, Assistant Fire Chief Approved by: Tom Harmening, City Manager City Council Meeting of August 5, 2013 (Item No. 4g) Page 2 Title: Final Payment Resolution - Contract 37-11 – Dynamic Electric LLC - Project 2008-3001 RESOLUTION NO. 13 -____ RESOLUTION AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $76,008.65 AND ACCEPTING THE ELECTRICAL WORK FOR FIRE STATION NO. 1 WITH DYNAMIC ELECTRIC LLC CITY PROJECT NO. 2008-3001 CONTRACT NO. 37-11 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, Dynamic Electric LLC satisfactorily completed Work Scope 24 (Electrical) for Fire Station No. 1, as per Contract No. 37-11. 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 $1,078,000.00 Change Order #1 ($10,257.00) Change Order #2 $14,210.00 Change Order #3 $9,014.00 Change Order #4 $12,897.00 Final Contract Amount $1,103,864.00 Previous Payments ($1,027,855.35) Balance Due $76,008.65 Reviewed for Administration: Adopted by the City Council August 5, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: Final Payment Resolution - Contract 40-11 Northern Air Corporation - Project 2008-3002 RECOMMENDED ACTION: Motion to Adopt Resolution authorizing final payment in the amount of $36,246.05 and accepting work for Fire Station No. 2 Work Scope 24 (Electrical) for Project No. 2008-3002, City Contract No. 40-11. 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 24 (Electrical) for Fire Station No. 2 to Northern Air Corporation on April 11, 2011, in the amount of $655,000.00. The contractor completed this work at a final contract cost of $694,692.00. The $39,692.00 additional costs related primarily to owner directed changes. 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: Mark Windschitl, Assistant Fire Chief Approved by: Tom Harmening, City Manager City Council Meeting of August 5, 2013 (Item No. 4h) Page 2 Title: Final Payment Resolution - Contract 40-11 Northern Air Corporation - Project 2008-3002 RESOLUTION NO. 13 -____ RESOLUTION AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $36,246.05 AND ACCEPTING THE ELECTRICAL WORK FOR FIRE STATION NO. 2 WITH NORTHERN AIR CORPORATION CITY PROJECT NO. 2008-3002 CONTRACT NO. 40-11 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, Northern Air Corporation satisfactorily completed Work Scope 24 (Electrical) for Fire Station No. 2, as per Contract No. 40-11. 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 $655,000.00 Change Order #1 $11,460.00 Change Order #2 $26,641.00 Change Order #3 $1,591.00 Final Contract Amount $694,692.00 Previous Payments ($658,445.95) Balance Due $36,246.05 Reviewed for Administration: Adopted by the City Council August 5, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4i EXECUTIVE SUMMARY TITLE: Final Payment Resolution - Contract 60-11 Frattalone Companies Inc. - Projects 2008- 3001 & 2008-3002 RECOMMENDED ACTION: Motion to Adopt Resolution authorizing final payment in the amount of $72,487.11 and accepting work for Fire Stations No. 1 and No. 2, Work Scope 01 (Earthwork, Building Demolition, Excavation & Utilities) for Project Nos. 2008-3001 and 2008- 3002, City Contract No. 60-11. 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 01 (Earthwork, Building Demolition, Excavation & Utilities) for Fire Stations No. 1 and No. 2 to Frattalone Companies Inc. on April 11, 2011, in the amount of $1,149,150.00. The contractor completed this work at a final contract cost of $1,219,138.87. The $69,988.87 additional costs related primarily to unsuitable and contaminated soil volumes in excess of preconstruction estimates. 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: Mark Windschitl, Assistant Fire Chief Approved by: Tom Harmening, City Manager City Council Meeting of August 5, 2013 (Item No. 4i) Page 2 Title: Final Payment Resolution - Contract 60-11 – Frattalone Companies - Projs 2008-3001 & 2008-3002 RESOLUTION NO. 13 -____ RESOLUTION AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $72,487.11 AND ACCEPTING THE EARTHWORK, BUILDING DEMOLITION, EXCAVATION AND UTILITIES WORK FOR FIRE STATIONS NO. 1 & No. 2 WITH FRATTALONE COMPANIES INC. CITY PROJECT NO. 2008-3001 & 2008-3002 CONTRACT NO. 60-11 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, Frattalone Companies Inc. satisfactorily completed Work Scope 01 (Earthwork, Building Demolition, Excavation & Utilities) for Fire Stations No. 1 and No. 2, as per Contract No. 60-11. 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 $1,149,150.00 Change Order #1 $42,286.87 Change Order #2 $15,565.00 Change Order #3 $12,137.00 Final Contract Amount $1,219,138.87 Previous Payments ($1,146,651.76) Balance Due $72,487.11 Reviewed for Administration: Adopted by the City Council August 5, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4j EXECUTIVE SUMMARY TITLE: Final Payment Resolution - Contract 74-11 Greenworks Landscaping Inc. - Projects 2008-3001 & 2008-3002 RECOMMENDED ACTION: Motion to Adopt Resolution authorizing final payment in the amount of $11,515.00 and accepting work for Fire Stations No. 1 and No. 2, Work Scope 25 (Landscaping) for Project Nos. 2008-3001 and 2008-3002, City Contract No. 74-11. 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 Stations No. 1 and No. 2 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 25 (Landscaping) for Fire Stations No. 1 and No. 2 to Greenworks Landscaping Inc. on April 11, 2011, in the amount of $83,500.00. The contractor completed this work at a final contract cost of $86,090.00. The additional costs were due to owner directed changes (additional tree plantings). 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: Mark Windschitl, Assistant Fire Chief Approved by: Tom Harmening, City Manager City Council Meeting of August 5, 2013 (Item No. 4j) Page 2 Title: Final Payment Resolution - Contract 74-11 - Greenworks Landscaping - Projs 2008-3001 & 2008-3002 RESOLUTION NO. 13 -____ RESOLUTION AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $11,515.00 AND ACCEPTING THE LANDSCAPING WORK FOR FIRE STATIONS NO. 1 AND NO. 2 WITH GREENWORKS LANDSCAPING INC. CITY PROJECT NO. 2008-3001 & 2008-3002 CONTRACT NO. 74-11 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, Greenworks Landscaping Inc. satisfactorily completed Work Scope 25 (Landscaping) for Fire Stations No. 1 and No. 2, as per Contract No. 74-11. 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 $83,500.00 Change Order #1 $2,590.00 Final Contract Amount $86,090.00 Previous Payments ($74,575.00) Balance Due $11,515.00 Reviewed for Administration: Adopted by the City Council August 5, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4k MINUTES St. Louis Park Housing Authority Westwood Room, St. Louis Park City Hall Wednesday, June 12, 2013, 5:00 P.M. MEMBERS PRESENT: Commissioners Catherine Courtney, Suzanne Metzger, Markeith Thomas, Richard Webb MEMBERS ABSENT: None STAFF PRESENT: Jane Klesk, Michele Schnitker 1. Call to Order – The meeting was called to order at 5:07 p.m. 2. Approval of Minutes for April, 2013 The Board minutes of April 10, 2013 were unanimously approved. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Recognition of Service – Justin Kaufman, Resolution No. 624 Commissioner Metzger moved to approve Resolution No. 624, Resolution of the Housing Authority of St. Louis Park Recognizing Contributions and Expressing Appreciation to Justin Kaufman; Commissioner Webb seconded the motion. The motion passed 4-0. b. HUD 2013 Funding Update Ms. Schnitker provided the Commissioners with an update on the current status of HUD funding to the HA for Public Housing and Section 8. She reported that the Public Housing Operating Subsidy Fund will be funded at 83%; Section 8 Housing Assistance Payments will be funded at 93% for 2013, and Section 8 admin fees at only 69%. Ms. Schnitker reviewed various cost saving strategies the HA will undertake to offset the decreases in funding. c. Hennepin County Request to Administer Tenant Based Rental Assistance Program Ms. Schnitker explained that Hennepin County has approached the HA to administer a tenant based rental assistance program to serve approximately 45 homeless families coming out of shelters, or singles with chronic health issues who are also coming out of shelters. Rent assistance would be a monthly shallow subsidy with a two-year limit for receiving assistance. Ms. Schnitker stated that the HA currently has the capacity to City Council Meeting of August 5, 2013 (Item No. 4k) Page 2 Title: Housing Authority Meeting Minutes June 12, 2013 administer this program. Commissioner Metzger moved to permit staff to explore this request further with Hennepin County and to open discussion regarding program design and administration. Commissioner Webb seconded, and the motion passed 4-0. d. Approval of Revised Payment Standard for Section 8 Housing Choice Voucher Program Ms. Schnitker stated that HUD requires that the HA’s payment standards be established at an amount between 90%-110% of the Fair Market Rent for the Twin Cities metro area. Currently the HA’s five bedroom payment must be raised $32 to meet the 90% criteria. Commissioner Metzger moved to approve the five bedroom Housing Choice Voucher payment standard increase from $1,550 to $1,582 per month. Commissioner Webb seconded, and the motion passed 4-0. e. Hamilton House Smoke Free Discussion Ms. Schnitker updated the Commissioners on the status of discussion to make Hamilton House smoke free. Following the survey of residents, staff informed them of the results and outlined responsibilities for those residents who smoke. Staff also took measures to reduce smoke traveling between units, and will report back to the Board on the effectiveness of the modifications. Staff has attended Resident Council meetings to discuss the HA’s initiatives so far; the ROSS service coordinator will organize an educational presentation on the effects of second hand smoke, presented by the American Lung Association. 7. Communications from Executive Director a. Claims List, May & June – 2013 b. Communications 1. Monthly Report, May & June – 2013 8. Other Ms. Schnitker reviewed current and future developments in the City and distributed renderings of some of the developments. Ms. Schnitker stated that there is an offer from a St. Louis Park resident to purchase the Wood Lane excess land lot, for $195,000. Approval to enter into a purchase agreement will be presented at the July Board meeting. 9. Adjournment Commissioner Metzger moved to adjourn the meeting, and Commissioner Thomas seconded the motion. The motion passed 4-0. The meeting was adjourned at 6:00 p.m. Respectfully submitted, Suzanne Metzger, Secretary Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 4l EXECUTIVE SUMMARY TITLE: Vendor Claims RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period July 6, 2013 through July 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 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 1Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 390.00COMM & MARKETING G & A SEMINARS/CONFERENCES/PRESENTAT3CMA 390.00 2,023.00SKATEBOARD PROGRAMS OTHER CONTRACTUAL SERVICES3RD LAIR SKATEPARK 2,023.00 74.76GENERAL FUND BALANCE SHEET INVENTORYA-1 OUTDOOR POWER INC 1,025.00-PARK AND RECREATION BALANCE SH INVENTORY 180.02PARK MAINTENANCE G & A GENERAL SUPPLIES 211.03TREE MAINTENANCE GENERAL SUPPLIES 401.59PARK MAINTENANCE G & A SMALL TOOLS 68.36STORM CLEAN UP GENERAL SUPPLIES 1,980.46TREE MAINTENANCE GENERAL SUPPLIES 427.23WESTWOOD G & A SMALL TOOLS 2,318.45 645.46NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESABELSON, SHARON 645.46 616.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESABRAKADOODLE 616.00 35.53GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESACE SUPPLY CO 35.53 1,768.77ROUTINE MAINTENANCE SMALL TOOLSACME TOOLS 1,768.77 399.54GENERAL FUND BALANCE SHEET INVENTORYACTION FLEET INC 399.54 5,500.00ESCROWSPMC ESCROWAHRENDT, RYAN & ELIZABETH 5,500.00 107.10OPERATIONSOPERATIONAL SUPPLIESAIRGAS NORTH CENTRAL 107.10 20,000.00ESCROWSGENERALAKARE COMPANIES LLC 20,000.00 2,213.00GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESALLIANCE MECH SRVCS INC 2,213.00 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 2 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 2Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 78.71POLICE G & A TELEPHONEAMERICAN MESSAGING 78.71 358.61GENERAL FUND BALANCE SHEET INVENTORYAMERICAN TIRE DISTRIBUTORS 358.61 318.14OPERATIONSRADIO COMMUNICATIONSANCOM TECHNICAL CENTER 318.14 1,454.74INSTALLATIONOTHER IMPROVEMENT SUPPLIESANDERSEN INC, EARL 1,454.74 470.12GENERAL CUSTODIAL DUTIES OTHER CONTRACTUAL SERVICESARAMARK UNIFORM CORP ACCTS 470.12 22.30GENERAL FUND BALANCE SHEET INVENTORYASPEN EQUIPMENT CO 22.30 216.51CELLPHONES, IPADS, ETC.OFFICE EQUIPMENTAT&T MOBILITY 216.51 64.09PUBLIC WORKS OPS G & A CLEANING/WASTE REMOVAL SERVICEATOMIC RECYCLING 64.08SEWER UTILITY G&A CLEANING/WASTE REMOVAL SERVICE 64.08VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICE 192.25 9,206.00WATER UTILITY G&A EQUIPMENT MTCE SERVICEAUTOMATIC SYSTEMS INC 24,327.96WATER UTILITY G&A MACHINERY & AUTO EQUIPMENT 33,533.96 402.44CABLE TV G & A OFFICE EQUIPMENTAVI SYSTEMS INC 402.44 1,646.59TREE REPLACEMENT TREE REPLACEMENTBACHMANS 324.02REFORESTATIONLANDSCAPING MATERIALS 1,970.61 3,286.13ESCROWSBADER DEV/ELLIPSE APTSBADER DEVELOPMENT 3,286.13 1,400.00PE SURVEYS ENGINEERING SERVICESBADGER STATE INSPECTION LLC City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 3 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 3Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 3,500.00PE PLANS/SPECS ENGINEERING SERVICES 4,900.00 1,054.17PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESBALLARD KING & ASSOCIATES LTD 1,054.17 101.25PATROLTRAININGBARNES, PAUL 101.25 14,050.00PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURESBASICH INC, MICHAEL 14,050.00 75.28-SEWER UTILITY BALANCE SHEET DUE TO OTHER GOVTSBATTCHER & AERO ELECTRICAL CON 1,170.28SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,095.00 44.78GENERAL FUND BALANCE SHEET INVENTORYBATTERIES PLUS 81.66WATER UTILITY G&A GENERAL SUPPLIES 126.44 510.00COMMUNICATIONS/GV REIMBURSEABL TELEPHONEBCA MNJIS SECTION 510.00 150.00SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICESBEALKE INDUSTRIES, ROBERT 150.00 578.15UNINSURED LOSS G&A UNINSURED LOSSBECKER ARENA PRODUCTS 578.15 53,665.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEBERGERSON CASWELL INC 53,665.00 132.00INSPECTIONS G & A BUILDINGBIOTA LLC 132.00 224.00SEASON PASSES PROGRAM REVENUEBOGER, SHAYLA 224.00 90.84GENERAL FUND BALANCE SHEET INVENTORYBOYER TRUCK PARTS 90.84 585.51GENERAL REPAIR EQUIPMENT MTCE SERVICEC&E AUTO UPHOLSTERY City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 4 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 4Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 585.51 1,000.00ESCROWSPMC ESCROWCALDWELL, PAULA & RONALD 1,000.00 5,613.77ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC 48.00EXCESS PUBLIC LAND LEGAL SERVICES 929.98STREET CAPITAL PROJ G & A LEGAL SERVICES 32.00STREET CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 752.00REILLY G & A LEGAL SERVICES 80.00SEWER CAPITAL PROJ G & A IMPROVEMENTS OTHER THAN BUILDI 512.00SOLID WASTE G&A LEGAL SERVICES 640.00REV BONDS 2001B / 2010B REF LEGAL SERVICES 8,607.75 34.24-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCARDIAC SCIENCE INC 532.24OPERATIONSOPERATIONAL SUPPLIES 498.00 1,698.25IT G & A EQUIPMENT MTCE SERVICECARTRIDGE CARE 1,698.25 312.35EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESCBIZ FINANCIAL SOLUTIONS INC 312.35 355.58TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTCDW GOVERNMENT INC 355.58 97.19GENERAL FUND BALANCE SHEET INVENTORYCEDAR SMALL ENGINE 97.19 2,500.00ESCROWSPMC ESCROWCEE HOUSING SOLUTIONS LLC 2,500.00 445.82FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 2,608.00WATER UTILITY G&A HEATING GAS 80.47REILLY G & A HEATING GAS 53.75SEWER UTILITY G&A ELECTRIC SERVICE 103.86SEWER UTILITY G&A HEATING GAS 409.31PARK MAINTENANCE G & A HEATING GAS 22.10WESTWOOD G & A HEATING GAS 61.14NATURALIST PROGRAMMER HEATING GAS City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 5 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 5Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 3,784.45 8,838.61ENTERPRISE G & A HEATING GASCENTERPOINT ENERGY SERVICES IN 8,838.61 10,200.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 10,200.00 9,458.45PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESCENTRAL WOOD PRODUCTS 9,458.45 14,936.58E-911 PROGRAM EQUIPMENT MTCE SERVICECENTURY LINK 280.85CELLPHONES, IPADS, ETC.TELEPHONE 15,217.43 61.00CONCESSIONSPROGRAM REVENUECHILDREN FIRST 170.00DAILY ADMISSION PROGRAM REVENUE 231.00 50.00ADMINISTRATION G & A REFUNDS & REIMBURSEMENTSCHURCH OF THE HOLY FAMILY 50.00 180.00WATER UTILITY G&A OPERATIONAL SUPPLIESCHUX SCREEN PRINTING 180.00 227.00FACILITIES MCTE G & A OPERATIONAL SUPPLIESCINTAS CORPORATION 643.23WATER UTILITY G&A OPERATIONAL SUPPLIES 163.51PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICES 56.75AQUATIC PARK BUDGET GENERAL SUPPLIES 56.75AQUATIC PARK BUDGET OTHER CONTRACTUAL SERVICES 56.75CONCESSIONSCONCESSION SUPPLIES 377.84VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 1,581.83 6.55GENERAL FUND BALANCE SHEET INVENTORYCITIZENS INDEPENDENT BANK 4.55-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTS 250.00HUMAN RESOURCES RECRUITMENT 100.00HUMAN RESOURCES RECOGNITION 25.00HUMAN RESOURCES TRAINING 16.08HUMAN RESOURCES MEETING EXPENSE 64.13ASSESSING G & A TRAINING 5.00VEHICLE MAINTENANCE G&A POSTAGE City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 6 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 6Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 19.30PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICE 55.64GENERAL REPAIR EQUIPMENT MTCE SERVICE 28.14ADMINISTRATIVE ACQUIS/DISPOSAL POSTAGE 565.29 3,475.25CONCESSIONSCONCESSION SUPPLIESCOCA-COLA BOTTLING CO 3,475.25 16,423.11ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES 16,423.11 85.56WATER UTILITY G&A OTHER CONTRACTUAL SERVICESCOMCAST 167.97SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 4.52BUILDING MAINTENANCE EQUIPMENT MTCE SERVICE 258.05 286.15TV PRODUCTION GENERAL PROFESSIONAL SERVICESCOMCAST CABLE 286.15 115.93PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESCOMMERCIAL ASPHALT COMPANY 115.93 1,075.25EMERGENCY REPAIR GRANT OTHER CONTRACTUAL SERVICESCOMMUNITY ACTION PARTNERSHIP S 1,075.25 960.00YOUTH PROGRAMS OTHER CONTRACTUAL SERVICESCOMPUTER EXPLORERS 1,512.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICES 2,472.00 443.14INSPECTIONS G & A GENERAL SUPPLIESCONNEY SAFETY PRODUCTS 443.14 455.00ARENA MAINTENANCE EQUIPMENT MTCE SERVICECOOL AIR MECHANICAL INC 455.00 8,962.75GENERAL BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESCOVERALL OF THE TWIN CITIES 8,962.75 733.41NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESCREEKSIDE NEIGHBORHOOD ASSOC 733.41 11.27-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSCROWN MARKING INC City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 7 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 7Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 175.22SUPPORT SERVICES G&A OFFICE SUPPLIES 26.49POLICE G & A GENERAL SUPPLIES 190.44 245.50T-BALL/BASEBALL GENERAL SUPPLIESCROWN TROPHY 341.56SOCCERGENERAL SUPPLIES 587.06 182.88POLICE G & A SUBSISTENCE SUPPLIESCUB FOODS 182.88 431.89FACILITIES MCTE G & A BUILDING MTCE SERVICECUMMINS NPOWER LLC 431.89 99.97GENERAL FUND BALANCE SHEET INVENTORYCUSTOM HOSE TECH INC 99.97 31,724.78WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESDAKOTA SUPPLY GROUP 31,724.78 1,201.05REC CENTER BUILDING GENERAL SUPPLIESDALCO ENTERPRISES INC 7.40ARENA MAINTENANCE GENERAL SUPPLIES 1,208.45 46.09WESTWOOD G & A GENERAL SUPPLIESDAVIS, HAVEN 46.09 6,963.64GENERAL FUND BALANCE SHEET INVENTORYDEPARTMENT OF MOTOR VEHICLES 6,963.64 9,453.30EMPLOYEE FLEX SPEND G&A UNEMPLOYMENTDEPT EMPLOYMENT & ECONOMIC DEV 9,453.30 5,405.65INSPECTIONS G & A DUE TO OTHER GOVTSDEPT LABOR & INDUSTRY 5,405.65 262.48ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC 262.48 1,137.00PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURESDJ ELECTRIC SERVICES INC 10,000.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 575.35PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 8 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 8Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 190.00PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICES 11,902.35 877.50POSTAL SERVICES POSTAGEDO-GOOD.BIZ INC 877.50 52.00SUPPLIES/INVENTORY MANAGEMENT PROGRAM REVENUEDONALDSON, KIMBERLY 52.00 72.70REFORESTATION FUND OTHER CONTRACTUAL SERVICESDOUGHTY, ANNIE 72.70 291.38NEIGHBORHOOD OUTREACH OPERATIONAL SUPPLIESDREIER, LORI A 291.38 2,124.27SYSTEM REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 189.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 423.00SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 2,736.27 8,636.57SEWER UTILITY G&A OTHERELECTRIC PUMP INC 2,678.89SEWER UTILITY G&A EQUIPMENT MTCE SERVICE 200.00PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICES 11,515.46 10,740.00ESCROWSELLIPSE/PUBL INFRA INSP SERVELLIPSE ON EXCELSIOR LLC 10,740.00 105.43GENERAL FUND BALANCE SHEET INVENTORYEMERGENCY APPARATUS MTNCE 105.43 127.18GENERAL FUND BALANCE SHEET INVENTORYEMERGENCY AUTOMOTIVE TECHNOLOG 127.18 196.45OPERATIONSOPERATIONAL SUPPLIESEMERGENCY MEDICAL PRODUCTS INC 196.45 1,583.06GENERAL FUND BALANCE SHEET INVENTORYFACTORY MOTOR PARTS CO 1,583.06 69.50DESKTOP SUPPORT/SERVICES MILEAGE-PERSONAL CARFARROW, NIKKI 69.50 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 9 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 9Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 80.87GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESFASTENAL COMPANY 80.87 124.30ASSESSING G & A MILEAGE-PERSONAL CARFECHNER, MARTY 124.30 213.78SAMPLINGOTHER CONTRACTUAL SERVICESFEDEX 213.78 384.87REC CENTER BUILDING MOTOR FUELSFERRELLGAS 384.87 75.71SUMMER PLAYGROUNDS MILEAGE-PERSONAL CARFITZGERALD, LAUREN 75.71 149.63PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIESFLAGSHIP RECREATION LLC 149.63 222.65FACILITIES MCTE G & A BUILDING MTCE SERVICEFLOYD TOTAL SECURITY 222.65 480.00PE DESIGN IMPROVEMENTS OTHER THAN BUILDIFOTH INFRASTRUCTURE & ENVIRONM 480.00 6.40IRRIGATION MAINTENANCE GENERAL SUPPLIESFRATTALLONE'S ACE HARDWARE 6.40 1,649.08PLAYGROUND EQUIPMENT MAINTENAN OTHER IMPROVEMENT SUPPLIESGAME TIME 1,649.08 71,712.21UNINSURED LOSS G&A UNINSURED LOSSGARTNER REFRIG & MFG INC 3,482.86REC CENTER BUILDING EQUIPMENT MTCE SERVICE 1,432.65ARENA MAINTENANCE EQUIPMENT MTCE SERVICE 76,627.72 219.84UNINSURED LOSS G&A REFUNDS & REIMBURSEMENTSGEICO 219.84 16.71-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSGENERAL PARTS INC 259.71AQUATIC PARK BUDGET EQUIPMENT MTCE SERVICE 243.00 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 10 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 10Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 4,048.66EMPLOYEE FLEXIBLE SPENDING B/S LONG TERM CARE INSURGLTC PREMIUM PAYMENTS 4,048.66 1,501.05WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC 1,501.05 660.00GENERAL FUND BALANCE SHEET INVENTORYGRAFIX SHOPPE 660.00 159.08GENERAL FUND BALANCE SHEET INVENTORYGRAINGER INC, WW 95.86WATER UTILITY G&A OPERATIONAL SUPPLIES 15.15WATER UTILITY G&A SMALL TOOLS 270.09 700.00TECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICEGRANICUS INC 700.00 13,006.07SYSTEM REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR 780.00INSTALLATIONOTHER IMPROVEMENT SUPPLIES 13,786.07 91.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDIGREEN ACRES SPRINKLER CO 251.17IRRIGATION MAINTENANCE OTHER CONTRACTUAL SERVICES 342.17 807.95WEED CONTROL OTHER CONTRACTUAL SERVICESGREEN HORIZONS 807.95 284.69SOLID WASTE G&A OTHER CONTRACTUAL SERVICESGREEN LIGHTS RECYCLING INC 284.69 150.00ADMINISTRATION G & A LEGAL SERVICESGUROVITSCH, JAMES 150.00 5,558.46UNINSURED LOSS G&A UNINSURED LOSSH & R CONST CO 5,558.46 480.63EMPLOYEE FLEX SPEND G&A TUITIONHAGEN, DENNIS 480.63 1,385.00GO BONDS-FIRE STATIONS G&A BUILDINGS & STRUCTURESHALLBERG ENGINEERING INC City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 11 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 11Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 1,385.00 306.00SOFTBALLOTHER CONTRACTUAL SERVICESHAMILTON, MIKE 306.00 13,370.39PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESHAMMEL GREEN & ABRAHAMSON INC 13,370.39 4,549.55WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 1,783.15BUILDING MAINTENANCE GENERAL SUPPLIES 4,816.48AQUATIC PARK BUDGET GENERAL SUPPLIES 11,149.18 1,086.92PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESHCI CHEMTEC INC 1,086.92 81.76DESKTOP SUPPORT/SERVICES MILEAGE-PERSONAL CARHEDDLE, ALLEN 81.76 975.00SOFTBALLOTHER CONTRACTUAL SERVICESHENDERSON, TRACY 975.00 26,905.06GENERAL FUND G&A MISC EXPENSEHENNEPIN COUNTY 1,255.50HIA ADMIN OTHER CONTRACTUAL SERVICES 1,020.10SPEC ASSMT CONSTRUCTION GENERAL PROFESSIONAL SERVICES 1,990.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 31,170.66 2,273.70POLICE G & A EQUIPMENT MTCE SERVICEHENNEPIN COUNTY INFO TECH 825.20OPERATIONSRADIO COMMUNICATIONS 256.00OPERATIONSEMERGENCY PREPAREDNESS 3,354.90 2,568.00OPERATIONSTRAININGHENNEPIN COUNTY MEDICAL CENTER 2,568.00 534.38IT G & A COMPUTER SERVICESHENNEPIN COUNTY TREASURER 4,163.38POLICE G & A SUBSISTENCE SERVICE 561.81PARK MAINTENANCE G & A TRAINING 5,259.57 1,400.00OPERATIONSTRAININGHENNEPIN TECHNICAL COLLEGE City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 12 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 12Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 1,400.00 5,289.24GO BONDS-FIRE STATIONS G&A OTHERHENRICKSEN PSG 5,289.24 362.50GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESHOLMGREN, JEROME 362.50 228.58GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES 34.07ROUTINE MAINTENANCE GENERAL SUPPLIES 44.78DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIES 737.07WATER UTILITY G&A BLDG/STRUCTURE SUPPLIES 54.62PARK MAINTENANCE G & A GENERAL SUPPLIES 70.30IRRIGATION MAINTENANCE SMALL TOOLS 22.86BEAUTIFICATION / FLOWERS SMALL TOOLS 82.16BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS 1,274.44 1,264.35UNINSURED LOSS G&A UNINSURED LOSSHOPKINS AUTO BODY INC 458.70GENERAL REPAIR EQUIPMENT MTCE SERVICE 1,723.05 100.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JEFFREY 459.00SOFTBALLOTHER CONTRACTUAL SERVICES 559.00 200.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JENNIFER 100.00KICKBALLOTHER CONTRACTUAL SERVICES 300.00 300.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JESSICA 375.00KICKBALLOTHER CONTRACTUAL SERVICES 675.00 100.00KICKBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 331.50SOFTBALLOTHER CONTRACTUAL SERVICES 431.50 600.00TECHNOLOGY REPLACEMENT POLICE EQUIPMENTHRGREEN 600.00 78.64REFORESTATION FUND OTHER CONTRACTUAL SERVICESHU, MICHELE City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 13 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 13Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 78.64 1,632.55EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49 1,632.55 890.00JAG GRANT 2010 SEMINARS/CONFERENCES/PRESENTATIACP 890.00 45.00VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPSIATN 45.00 641.25WATER UTILITY G&A EQUIPMENT MTCE SERVICEIDEAL SERVICE INC 641.25 475.00POLICE G & A OTHER CONTRACTUAL SERVICESIFP TEST SERVICES 475.00 539.71WATER UTILITY G&A POSTAGEIMPACT PROVEN SOLUTIONS 539.71SEWER UTILITY G&A POSTAGE 539.70SOLID WASTE COLLECTIONS POSTAGE 539.71STORM WATER UTILITY G&A POSTAGE 2,158.83 101.92AQUATIC PARK BUDGET EQUIPMENT MTCE SERVICEINDELCO 101.92 1,154.24PARK GROUNDS MAINTENANCE BLDG/STRUCTURE SUPPLIESINDEPENDENT BLACK DIRT CO 1,154.24 187,400.00SCHOOL DISTRICT OTHER CONTRACTUAL SERVICESINDEPENDENT SCHOOL DISTRICT #2 187,400.00 321.83GENERAL FUND BALANCE SHEET INVENTORYINVER GROVE FORD 3,880.70GENERAL REPAIR EQUIPMENT MTCE SERVICE 4,202.53 75.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESJANOSKI, JASON & JESSICA 75.00 14,547.04OPERATIONSOPERATIONAL SUPPLIESJEFFERSON FIRE & SAFETY INC 14,547.04 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 14 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 14Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 12.95GENERAL FUND BALANCE SHEET INVENTORYJERRY'S HARDWARE 45.02POLICE G & A BLDG/STRUCTURE SUPPLIES 10.75WATER UTILITY G&A GENERAL SUPPLIES 377.77SEWER UTILITY G&A GENERAL SUPPLIES 12.58PARK MAINTENANCE G & A GENERAL SUPPLIES 5.33IRRIGATION MAINTENANCE GENERAL SUPPLIES 1,950.33TREE MAINTENANCE OTHER 2,414.73 685.00SOLID WASTE G&A OTHER CONTRACTUAL SERVICESJOBS FOUNDATION/TECH DUMP 685.00 338.59IRRIGATION MAINTENANCE GENERAL SUPPLIESJOHN DEERE LANDSCAPES/LESCO 338.59 183.00SEASON PASSES PROGRAM REVENUEJONES, JILL 183.00 1,988.41PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESJRK SEED & SURG SUPPLY 1,988.41 165.55PARK AND RECREATION BALANCE SH INVENTORYKATH FUEL OIL SERVICE 165.55 1,056.92EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSKELLER, JASMINE Z 1,056.92 2.65COMM DEV PLANNING G & A MEETING EXPENSEKELLEY, RYAN 16.33COMM DEV PLANNING G & A MILEAGE-PERSONAL CAR 18.98 68.50REFORESTATION FUND OTHER CONTRACTUAL SERVICESKENNEDY, BEVERLY 68.50 2,638.10WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDIKEYS WELL DRILLING CO 2,638.10 1,282.50PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICESKIDCREATE STUDIO 1,282.50 952.80TENNISOTHER CONTRACTUAL SERVICESKIDS TEAM TENNIS LLC 952.80 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 15 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 15Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 1,873.68PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDIKILLMER ELECTRIC CO INC 1,873.68 3,170.50GO BONDS-FIRE STATIONS BAL S RETAINED PERCENTAGEKIRK ACOUSTICS INC 3,170.50 275.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESKOHOUT, WARREN 275.00 130.02GENERAL FUND BALANCE SHEET INVENTORYKOVATCH MOBILE EQUIPMENT CORP 8.36-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTS 121.66 4,855.00GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESKRECH, O'BRIEN, MUELLER & WASS 870.29UNINSURED LOSS G&A UNINSURED LOSS 5,725.29 1,677.30GENERAL REPAIR EQUIPMENT MTCE SERVICEKREMER SERVICES LLC 1,677.30 1,382.77ARENA MAINTENANCE GENERAL SUPPLIESKRISS PREMIUM PRODUCTS INC 1,382.77 255.00SOFTBALLOTHER CONTRACTUAL SERVICESKUBES, JON 255.00 400.00IT G & A EQUIPMENT MTCE SERVICELADEN'S BUSINESS MACHINES INC 400.00 81.10PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESLAKES GAS CO 16.64PARK MAINTENANCE G & A GENERAL SUPPLIES 41.13VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 138.87 2,500.00ESCROWSDEMO / BROOKSIDE TRAFFICLAKEWEST CONSTRUCTION 2,500.00 272.72PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIESLARSON, JH CO 204.54BRICK HOUSE (1324)GENERAL SUPPLIES 477.26 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 16 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 16Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 45.00SUMMER PRE/K PROGRAM REVENUELATZ, JULIA 72.00SUMMER GRADE 1 PROGRAM REVENUE 83.00OTHER SUMMER CAMPS PROGRAM REVENUE 200.00 5,256.56TREE REPLACEMENT TREE REPLACEMENTLAUREL TREE FARMS 5,256.56 2,295.00EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES 2,295.00 265.61GENERAL REPAIR GENERAL SUPPLIESLAWSON PRODUCTS INC 265.61 960.00UNINSURED LOSS G&A UNINSURED LOSSLEAGUE OF MN CITIES INSURANCE 960.00 288.40GENERAL FUND BALANCE SHEET INVENTORYLIND ELECTRONICS INC 288.40 545.29GENERAL FUND BALANCE SHEET INVENTORYLITTLE FALLS MACHINE INC 545.29 40.00INSPECTIONS G & A GENERAL SUPPLIESLOEFFLER SHOES 40.00 41,062.00IT G & A COMPUTER SERVICESLOGIS 3,133.22TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 44,195.22 132.21ORGANIZED REC G & A MILEAGE-PERSONAL CARLOMBARDI, JIM 132.21 434.98EQUIP/VEHICLE REPLACEMENT MACHINERY & AUTO EQUIPMENTLUBE-TECH ESI 434.98 350.00SOFTBALLOTHER CONTRACTUAL SERVICESLUCAS, ERIC 350.00 872.63INSTALLATIONOTHER IMPROVEMENT SUPPLIESLYLE SIGNS INC 872.63 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 17 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 17Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 120.04GENERAL FUND BALANCE SHEET INVENTORYMACQUEEN EQUIP CO 120.04 400.00ATHLETIC CAMPS OTHER CONTRACTUAL SERVICESMALONE, DANIEL 400.00 400.00SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICESMANN THEATRES INC 400.00 79.10FINANCE G & A SEMINARS/CONFERENCES/PRESENTATMAPLES, JILL 79.10 80.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEMARCO CO INC 80.00 17.95-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSMARSARS WATER RESCUE SYSTEMS I 279.00OPERATIONSTRAINING 261.05 1,584.34MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDIMAVO SYSTEMS 1,584.34 60.64ROUTINE MAINTENANCE GENERAL SUPPLIESMENARDS 60.20PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 76.36WESTWOOD G & A GENERAL SUPPLIES 197.20 1,619.80PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICESMETRO EROSION, INC 1,619.80 19,285.20INSPECTIONS G & A DUE TO OTHER GOVTSMETROPOLITAN COUNCIL 17,007.52REILLY BUDGET CLEANING/WASTE REMOVAL SERVICE 316,652.43OPERATIONSCLEANING/WASTE REMOVAL SERVICE 10.31FACILITY ROOM RENTAL RENT REVENUE 352,955.46 354.90REC CENTER BUILDING OTHER CONTRACTUAL SERVICESMID AMERICA BUSINESS SYSTEMS 354.90 27.12ADMINISTRATION G & A MILEAGE-PERSONAL CARMIDURA, KAY 27.12 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 18 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 18Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 76,113.24GENERAL FUND BALANCE SHEET INVENTORYMIDWAY FORD 76,113.24 144.40STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEMIDWEST ASPHALT CORP 144.40 552.88ENGINEERING G & A OPERATIONAL SUPPLIESMIDWEST BADGE & NOVELTY CO 552.88 402.00WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMIDWEST TESTING LLC 402.00 1,159.06STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEMINING AUGER & TOOL WKS INC 1,159.06 549.90PAWN FEES OTHER CONTRACTUAL SERVICESMINNEAPOLIS FINANCE DEPT 549.90 117.96EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA BENEFIT ASSOC 117.96 64.00WATER UTILITY G&A LICENSESMINNESOTA DEPT HEALTH 50.00REILLY BUDGET LICENSES 114.00 16.00EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITSMINNESOTA NCPERS LIFE INS 16.00 450.00WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTATMINNESOTA RURAL WATER ASSOC 450.00 20,000.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDIMIRACLE RECREATION EQUIPMENT I 20,000.00 225.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESMOHRLANT, EDWARD 225.00 4,418.75GO BONDS-FIRE STATIONS BAL S RETAINED PERCENTAGEMOLIN CONCRETE PRODUCTS CO 4,418.75 17.33-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSMOST DEPENDABLE FOUNTAINS 269.33IRRIGATION MAINTENANCE GENERAL SUPPLIES City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 19 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 19Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 252.00 1,312.50GO BONDS-FIRE STATIONS G&A OTHER CONTRACTUAL SERVICESMPCA 1,250.00PE INVEST/REVIEW/PER GENERAL PROFESSIONAL SERVICES 2,562.50 320.00SOFTBALLOTHER CONTRACTUAL SERVICESMRPA 320.00 976.28GENERAL FUND BALANCE SHEET INVENTORYMTI DISTRIBUTING CO 976.28 265.00REILLY BUDGET OTHER CONTRACTUAL SERVICESMVTL LABORATORIES 265.00 2,476.90GENERAL FUND BALANCE SHEET INVENTORYNAPA (GENUINE PARTS CO) 83.34RELAMPINGGENERAL SUPPLIES 68.98PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 14.69GENERAL REPAIR GENERAL SUPPLIES 2,643.91 57,605.64GENERAL FUND BALANCE SHEET INVENTORYNELSON AUTO CENTER 57,605.64 73.21GENERAL REPAIR GENERAL SUPPLIESNEP CORP 73.21 159.95PARK MAINTENANCE G & A OPERATIONAL SUPPLIESNOKOMIS SHOE SHOP 159.95 132.54SPLASH PAD MAINT - Oak Hill Pk GENERAL SUPPLIESNORTHERN AIRE SWIMMING POOLS 34.86AQUATIC PARK BUDGET GENERAL SUPPLIES 167.40 50.00INSPECTIONS G & A MECHANICALNORTHERN HEATING & AIR CONDITI 50.00 541.11GENERAL FUND BALANCE SHEET INVENTORYNORTHERN SAFETY TECHNOLOGY INC 541.11 43.65ENGINEERING G & A OPERATIONAL SUPPLIESNORTHWEST LASERS & INSTRUMENTS 43.65 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 20 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 20Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 555.00POLICE G & A OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL 555.00 70.54ADMINISTRATION G & A GENERAL SUPPLIESOFFICE DEPOT 16.82HUMAN RESOURCES OFFICE SUPPLIES 247.95GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 167.25POLICE G & A OFFICE SUPPLIES 35.58POLICE G & A COMPUTER SUPPLIES 13.35NEIGHBORHOOD OUTREACH OFFICE SUPPLIES 65.94OPERATIONSOFFICE SUPPLIES 154.89INSPECTIONS G & A GENERAL SUPPLIES 61.17PUBLIC WORKS G & A OFFICE SUPPLIES 481.72ORGANIZED REC G & A OFFICE SUPPLIES 1,315.21 1,585.44INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 1,585.44 38.30-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSOMAHA PAPER COMPANY INC 424.97PARK MAINTENANCE G & A GENERAL SUPPLIES 170.47REC CENTER BUILDING GENERAL SUPPLIES 557.14 6,695.21PORTABLE TOILETS/FIELD MAINT OTHER CONTRACTUAL SERVICESON SITE SANITATION 200.39OPENOTHER CONTRACTUAL SERVICES 104.74OFF-LEASH DOG PARK OTHER CONTRACTUAL SERVICES 138.94WESTWOOD G & A OTHER CONTRACTUAL SERVICES 7,139.28 163.75EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESOPTUM HEALTH 163.75 13.94GENERAL FUND BALANCE SHEET INVENTORYO'REILLY AUTO PARTS 13.94 260.00GROUP ADMISSION PROGRAM REVENUEOSSEO AREA SCHOOLS 260.00 630.80STREET CAPITAL PROJ G & A LEGAL SERVICESO'TOOLE, MICHAEL 630.80 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 21 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 21Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 76.51GENERAL FUND BALANCE SHEET INVENTORYPARK JEEP 76.51 872.00SKATE RENTAL PROGRAM REVENUEPARK PRO SHOP 701.00SKATE SHARPENING PROGRAM REVENUE 1,573.00 1,983.00UNINSURED LOSS G&A UNINSURED LOSSPARSONS ELECTRIC 1,983.00 43.93-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSPBBS EQUIPMENT CORP 682.93REC CENTER BUILDING BUILDING MTCE SERVICE 639.00 1,923.71COMM & MARKETING G & A PRINTING & PUBLISHINGPERNSTEINER CREATIVE GROUP INC 3,500.00PERFORMING ARTS OTHER CONTRACTUAL SERVICES 5,423.71 2,921.16INSPECTIONS G & A BUILDINGPERSONAL PRIDE CONSTRUCTION 2,921.16 13.52POLICE G & A BLDG/STRUCTURE SUPPLIESPETTY CASH 7.50PUBLIC WORKS OPS G & A OFFICE SUPPLIES 46.16WATER UTILITY G&A GENERAL SUPPLIES 12.65WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 46.00WATER UTILITY G&A LICENSES 22.52SEWER UTILITY G&A EQUIPMENT MTCE SERVICE 15.38SOLID WASTE G&A OPERATIONAL SUPPLIES 10.00SOLID WASTE G&A MEETING EXPENSE 32.18PARK AND REC G&A GENERAL SUPPLIES 6.36PARK MAINTENANCE G & A GENERAL SUPPLIES 56.40VEHICLE MAINTENANCE G&A MEETING EXPENSE 48.00VEHICLE MAINTENANCE G&A LICENSES 316.67 33.50WESTWOOD G & A GENERAL SUPPLIESPETTY CASH - WWNC 26.56WESTWOOD G & A MILEAGE-PERSONAL CAR 60.06 35.59ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICESPHILIP'S TREE CARE INC 1,219.38PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES 350.82WEED CONTROL OTHER CONTRACTUAL SERVICES City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 22 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 22Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 1,605.79 7.60GENERAL FUND BALANCE SHEET INVENTORYPIONEER RIM & WHEEL CO 7.60 100,000.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDIPLAYPOWER LT FARMINGTON INC 100,000.00 72.00GROUP ADMISSION PROGRAM REVENUEPLAYWORKS 72.00 2,888.78GENERAL FUND BALANCE SHEET INVENTORYPOMP'S TIRE SERVICE INC 2,888.78 361.70PARK MAINTENANCE G & A TELEPHONEPOPP.COM INC 361.70 50.80-STORM WATER UTILITY BAL SHEET DUE TO OTHER GOVTSPRAIRIE RESTORATIONS INC 789.73STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 738.93 53.44SSD 1 G&A OTHER CONTRACTUAL SERVICESPRECISION LANDSCAPE & TREE 2,023.14TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICE 2,076.58 817.93GENERAL FUND BALANCE SHEET INVENTORYPREMIER FLEET SERVICES 1,450.18GENERAL REPAIR EQUIPMENT MTCE SERVICE 2,268.11 19.78COMM & MARKETING G & A MILEAGE-PERSONAL CARPRIBBENOW, NICOLE 19.78 180.00ARENA MAINTENANCE EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC 180.00 17,154.43WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQ3 CONTRACTING 1,773.77SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 18,928.20 27.13VEHICLE MAINTENANCE G&A POSTAGEQUICKSILVER EXPRESS COURIER 27.13 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 23 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 23Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 627.56TREE MAINTENANCE OTHER CONTRACTUAL SERVICESRAINBOW TREECARE 627.56 5,096.25COMMUNITY PARTNERSHIPS OTHER CONTRACTUAL SERVICESREACH FOR RESOURCES INC 5,096.25 102.07AQUATIC PARK BUDGET GENERAL SUPPLIESRECREATION SUPPLY CO 102.07 116.20POLICE G & A OFFICE SUPPLIESREGENCY OFFICE PRODUCTS LLC 10.94PATROLOFFICE SUPPLIES 127.14 54.90WESTWOOD G & A GENERAL SUPPLIESREGENTS OF THE UNIVERSITY OF M 54.90 14,336.59IT G & A EQUIPMENT MTCE SERVICERICOH USA INC 14,336.59 639.79GENERAL FUND BALANCE SHEET INVENTORYRIGID HITCH INC 10.41-PARK AND RECREATION BALANCE SH INVENTORY 629.38 315.00SEWER UTILITY G&A EQUIPMENT MTCE SERVICEROOT-O-MATIC 315.00 287.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSROTARY CLUB OF SLP 85.00POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 314.00POLICE G & A MEETING EXPENSE 686.00 261.06INSPECTIONS G & A TRAININGRUTTGER'S SUGAR LAKE LODGE 261.06 340.00FACILITY ROOM RENTAL RENT REVENUESABES JEWISH COMMUNITY CENTER 340.00 2,000.00GENERAL FUND BALANCE SHEET RETAINED PERCENTAGESAFE STEP LLC 169.75ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICES 2,169.75 179.38VEHICLE MAINTENANCE G&A EQUIPMENT MTCE SERVICESAFELITE FULFILLMENT INC City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 24 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 24Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 179.38 31.28OPERATIONSFIRE PREVENTION SUPPLIESSAM'S CLUB 138.39SPECIAL EVENTS GENERAL SUPPLIES 24.53SUMMER PLAYGROUNDS GENERAL SUPPLIES 142.46STORM CLEAN UP CONCESSION SUPPLIES 40.61WESTWOOD G & A OFFICE SUPPLIES 5,216.29CONCESSIONSCONCESSION SUPPLIES 615.24PREVENTATIVE MAINTENANCE CONCESSION SUPPLIES 6,208.80 171.19ASSESSING G & A MILEAGE-PERSONAL CARSCHOMER, KELLEY 171.19 92.81-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSSEATING & ATHLETIC FACILITY EN 1,442.81ARENA MAINTENANCE BUILDING MTCE SERVICE 1,350.00 10.00ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSHRED-IT USA MINNEAPOLIS 10.00FINANCE G & A GENERAL PROFESSIONAL SERVICES 50.00POLICE G & A GENERAL PROFESSIONAL SERVICES 40.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 10.00PARK AND REC G&A GENERAL PROFESSIONAL SERVICES 120.00 303.42AQUATIC PARK BUDGET EQUIPMENT MTCE SERVICESIGNATURE AQUATICS 303.42 26,452.00PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESSIGNATURE MECHANICAL INC 26,452.00 654.50REC CENTER BUILDING OTHER CONTRACTUAL SERVICESSIMPLEXGRINNELL LP 654.50 1,458.60EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP FF ASSOC IAFF LOCAL #993 1,458.60 150.00SOFTBALLOTHER CONTRACTUAL SERVICESSMITH, PERRY 150.00 2,070.00ESCROWSPMC ESCROWSPEARS, TOM 2,070.00 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 25 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 25Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 36,141.92PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURESST CROIX REC CO 36,141.92 2,135.36TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICEST CROIX TREE SERVICE INC 2,135.36 16.00GROUP ADMISSION PROGRAM REVENUEST DAVID'S CENTER 16.00 256.04OTHER SUMMER CAMPS OTHER CONTRACTUAL SERVICESST LOUIS PARK TRANSP INC 256.04 1,225.62PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIESST PAUL, CITY OF 1,225.62 510.00SOFTBALLOTHER CONTRACTUAL SERVICESSTEARNS, DAVID 510.00 115,274.84GO BONDS-FIRE STATIONS BAL S RETAINED PERCENTAGESTEENBERG-WATRUD CONSTRUCTION 115,274.84 18.21GENERAL FUND BALANCE SHEET INVENTORYSTEPP MANUFACTURING CO INC 18.21 2,082.50UNINSURED LOSS G&A UNINSURED LOSSSTONEBROOKE EQUIPMENT INC 2,082.50 347.30GENERAL FUND BALANCE SHEET INVENTORYSTREICHER'S 2,424.97POLICE G & A OPERATIONAL SUPPLIES 256.43OPERATIONSOPERATIONAL SUPPLIES 3,028.70 15.86GENERAL FUND BALANCE SHEET INVENTORYSUBURBAN GM PARTS 15.86 3,680.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDISUMMIT ENVIROSOLUTIONS INC 1,350.00PE DESIGN GENERAL PROFESSIONAL SERVICES 32,754.13REILLY BUDGET GENERAL PROFESSIONAL SERVICES 37,784.13 64.95ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 26 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 26Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 64.95 608.65STREET CAPITAL PROJ G & A LEGAL SERVICESSWENSON, HARVEY 608.65 5,540.00ESCROWSPMC ESCROWSZPARA & RYAN BERENTSON, VANES 5,540.00 54.18ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC 54.18 296.59REC CENTER BUILDING EQUIPMENT MTCE SERVICETENNANT SALES AND SERVICE CO. 296.59 26.00OPERATIONSOPERATIONAL SUPPLIESTEXA TONKA TAILORING 26.00 2,958.25EMPLOYEE FLEX SPEND G&A LONG TERM DISABILITYTHE HARTFORD - PRIORITY ACCOUN 2,958.25 2,037.93-GENERAL FUND BALANCE SHEET RETAINED PERCENTAGETHOMAS & SONS CONST INC 40,758.64ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICES 1,738.34-PAVEMENT MANAGEMENT B/S RETAINED PERCENTAGE 34,766.69CONSTRUCTION PAYMENTS OTHER CONTRACTUAL SERVICES 1,079.48-STORM WATER UTILITY BAL SHEET RETAINED PERCENTAGE 21,589.60CONSTRUCTION PAYMENTS OTHER CONTRACTUAL SERVICES 92,259.18 132.30POLICE G & A OTHER CONTRACTUAL SERVICESTHOMSON REUTERS WEST PAYMENT C 132.30 52.80-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSTHYSSENKRUPP ELEVATOR 820.82REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 768.02 462.91ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 462.91 91.73TREE MAINTENANCE GENERAL SUPPLIESTITAN MACHINERY 91.73 93.52RELAMPINGOTHER IMPROVEMENT SUPPLIESTRAFFIC CONTROL CORP City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 27 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 27Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 93.52 500.00COUNTS AND STUDIES OTHER CONTRACTUAL SERVICESTRAFFIC DATA INC 500.00 255.00SOFTBALLOTHER CONTRACTUAL SERVICESTRAUTMANN, JOHN 255.00 10,695.00REFORESTATION FUND OTHER CONTRACTUAL SERVICESTREE TRUST 10,695.00 225.00MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICESTREHUS 225.00 3,382.08GENERAL FUND BALANCE SHEET INVENTORYTRI STATE BOBCAT 3,382.08 2,992.50PARK MAINTENANCE G & A OTHERTURFWERKS 2,992.50 65.46REFORESTATION FUND OTHER CONTRACTUAL SERVICESTWEETEN, JOEL 65.46 8,294.75TECHNOLOGY REPLACEMENT OFFICE FURNITURE & EQUIPMENTUHL CO INC 8,294.75 725.29SUPPORT SERVICES OPERATIONAL SUPPLIESUNIFORMS UNLIMITED (PD) 1,956.00SUPERVISORYOPERATIONAL SUPPLIES 1,136.50PATROLOPERATIONAL SUPPLIES 3,817.79 300.00EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSUNITED STATES TREASURY 197.00EMPLOYEE FLEX SPEND G&A HEALTH INSURANCE 497.00 443.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 443.00 33.77PLAYGROUNDSGENERAL SUPPLIESUNIVERSAL ATHLETIC 307.61T-BALL/BASEBALL GENERAL SUPPLIES 341.38 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 28 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 28Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 71.30WATER UTILITY G&A OTHER CONTRACTUAL SERVICESUPS STORE 123.92VEHICLE MAINTENANCE G&A POSTAGE 195.22 909.00HUMAN RESOURCES RECRUITMENTUS HEALTH WORKS MEDICAL GROUP 909.00 6,612.10-STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGEVALLEY PAVING INC 132,241.98CONSTRUCTION PAYMENTS OTHER CONTRACTUAL SERVICES 125,629.88 18,131.68WATER UTILITY G&A OTHER IMPROVEMENT SERVICEVALLEY-RICH CO INC 18,131.68 195.49ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM 195.49 60.00HUMAN RESOURCES RECRUITMENTVERIFIED CREDENTIALS 60.00 359.59WATER UTILITY G&A GENERAL SUPPLIESVIKING INDUSTRIAL CTR 247.03WATER UTILITY G&A OPERATIONAL SUPPLIES 606.62 1,630.58WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWARNER'S OUTDOOR SOLUTIONS 1,630.58 5,305.37SOLID WASTE COLLECTIONS MOTOR FUELSWASTE MANAGEMENT OF WI-MN 62,373.00SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE 26,049.90SOLID WASTE COLLECTIONS YARD WASTE SERVICE 36,855.52SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE 26,203.05SOLID WASTE DISPOSAL YARD WASTE SERVICE 156,786.84 549.28WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC 549.28 10,557.14CONCESSIONSCONCESSION SUPPLIESWATSON CO INC 10,557.14 194.69WATER UTILITY G&A EQUIPMENT MTCE SERVICEWEBER ELECTRIC 194.69 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 29 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 29Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 412.50GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESWEIGHTER, JULIE 412.50 3,103.80WESTWOOD VILLAS HIA OTHER CONTRACTUAL SERVICESWESTWOOD VILLA ASSN 3,103.80 845.00REC CENTER BUILDING BUILDING MTCE SERVICEWHEELER HARDWARE 845.00 100.00SOFTBALLOTHER CONTRACTUAL SERVICESWHIPPS, MATTHEW 100.00 100.00INSPECTIONS G & A PLUMBINGWOJCIECHOWSKI, SHELLI 100.00 892.41SOLID WASTE G&A OTHER IMPROVEMENT SUPPLIESWRAP CITY GRAPHICS 203.57ORGANIZED REC G & A GENERAL SUPPLIES 128.57OAK HILL SPLASH PAD GENERAL SUPPLIES 243.57SPECIAL EVENTS GENERAL SUPPLIES 68.57PLAYGROUNDSGENERAL SUPPLIES 42.75REC CENTER BUILDING GENERAL SUPPLIES 410.84AQUATIC PARK MAINTENANCE GENERAL SUPPLIES 1,990.28 2,406.00COUNTS AND STUDIES OTHER CONTRACTUAL SERVICESWSB ASSOC INC 2,406.00 35,727.50GENERAL BUILDING MAINTENANCE ELECTRIC SERVICEXCEL ENERGY 24.75OPERATIONSEMERGENCY PREPAREDNESS 26,692.31PUBLIC WORKS OPS G & A ELECTRIC SERVICE 30,422.97WATER UTILITY G&A ELECTRIC SERVICE 2,088.42REILLY BUDGET ELECTRIC SERVICE 4,028.42SEWER UTILITY G&A ELECTRIC SERVICE 4,052.72STORM WATER UTILITY G&A ELECTRIC SERVICE 6,337.51PARK MAINTENANCE G & A ELECTRIC SERVICE 38.36BRICK HOUSE (1324)ELECTRIC SERVICE 59.63WW RENTAL HOUSE (1322)ELECTRIC SERVICE 747.70WESTWOOD G & A ELECTRIC SERVICE 24,442.46ENTERPRISE G & A ELECTRIC SERVICE 134,662.75 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 30 7/29/2013CITY OF ST LOUIS PARK 11:16:06R55CKSUM LOG23000VO 30Page -Council Check Summary 7/26/2013 -7/6/2013 Vendor AmountBusiness Unit Object 38,959.17GENERAL FUND BALANCE SHEET INVENTORYYOCUM OIL CO INC 38,959.17 3,800.48SWEEPINGEQUIPMENT PARTSZARNOTH BRUSH WORKS INC 3,800.48 295.79BUILDING MAINTENANCE GENERAL SUPPLIESZEE MEDICAL SERVICE 295.79 800.00GENERAL FUND BALANCE SHEET INVENTORYZIEBART OF MINNESOTA INC 800.00 214.55PERFORMING ARTS PRINTING & PUBLISHINGZIP PRINTING 128.72PREVENTATIVE MAINTENANCE OFFICE SUPPLIES 343.27 Report Totals 2,426,578.49 City Council Meeting of August 5, 2013 (Item No. 4l) Title: Vendor Claims Page 31 Meeting: City Council Meeting Date: August 5, 2013 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Health in the Park Initiative/Blue Cross Blue Shield Funding RECOMMENDED ACTION: Motion to authorize execution and implementation of the Blue Cross Blue Shield (BCBS) Active Living Master Agreement for the “Health in the Park” Initiative. POLICY CONSIDERATION: Does the Council wish to continue supporting the “Health in the Park” initiative? SUMMARY: Approximately 2 years ago staff informed the Council it would be seeking funding for a “Health in the Park” initiative. The goal of this initiative is to undertake a community engagement process to identify and ultimately implement measures that would make St. Louis Park a healthier community. Other partners in this initiative are Park Nicollet, TwinWest Chamber, Children First, STEP and Twin Cities Public Television (TPT). City staff has been successful in obtaining $149,990 in funding from BCBS for this community initiative This is a three-year initiative that will include, but is not limited to, the following activities: 1. Gather information on current local policies. Analyze similar policies, contradictory policies, and potential missing policies. 2. Design and implement a plan to get input from all sectors of the community about health, active communities, policies, systems, and environment. This will include involving our partners, neighbor associations etc. 3. Facilitate “Health in the Park” community dialogue. 4. Analyze input from all sectors and finalize policy priorities through 2014. 5. Document and share the results of the citizen input process. 6. Implement systems change with partner organizations. 7. TPT will be developing a documentary about how we bring a community together around health. FINANCIAL OR BUDGET CONSIDERATION: Funding for the first year of this initiative is from BCBS ($149,990). The City’s share is approximately $14,000, the bulk of which is being funded by another grant the City received previously, plus staff time. Staff will be seeking funding for years two and three. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: BC & BS of MN Active Living for All Master Agreement Engagement Schedule #1 to Active Living for All Master Agreement Prepared by: Bridget Gothberg, Organizational Development Coordinator Approved by: Tom Harmening, City Manager Blue Cross and Blue Shield of Minnesota Active Living for All Master Agreement Consultant Company Name City of St. Louis Park Address 5005 Minnetonka Boulevard City, State, Zip St. Louis Park, MN 55416 Consultant Contact Bridget Gothberg Consultant Email bgothberg@stlouispark.org Consultant Phone Number (952) 924-2684 Agreement Start Date July 1, 2013 Agreement End Date June 30, 2016 ARTICLE I – SPECIFIC TERMS 1. Agreement This Active Living for All Master Agreement, including Article I (Specific Terms) and Article II (General Terms and Conditions), together with any Schedules, Exhibits or Attachments thereto, to the extent specifically referenced in and incorporated into this Agreement, will be collectively considered the “Agreement.” The Active Living for All Master Agreement, fully executed as of June 24, 2013, is hereby terminated in its entirely and replaced with this Agreement, upon execution by both parties hereto. 2. Scope of Work Consultant shall provide BCBSM, Inc. dba Blue Cross and Blue Shield of Minnesota (“Blue Cross”) with the services specified in one or more Engagement Schedules (each individually a “Schedule”) as are signed from time to time by the parties hereto, which Schedules shall be sequentially numbered and are incorporated into and form a part of this Agreement. Such services are hereinafter referred to as “Services”. “Deliverables” (defined in Article II, Section 6.1) shall refer to those deliverables to be provided to Blue Cross in accordance with the specifications and requirements in the Schedules, and change orders thereto, if any. Consultant and Blue Cross may execute Schedules by electronic means and will be bound by the terms of any Schedule accepted by electronic means. 3. Personnel who will perform services will be identified on each specific Schedule. 4. Compensation 4.1 Fees under this Agreement will be determined on each Schedule. 4.2 Expenses will be reimbursed by Blue Cross under this Agreement only as expressly determined and limited on each Schedule. If expenses are to be allowed, they will be paid strictly in accordance with Blue Cross’ Contractor/Consultant Expense Reimbursement Policy, attached hereto as Exhibit 4. 4.3 The following expenses will not be reimbursed by Blue Cross under this agreement: a) Capital purchases b) Provision of alcohol, tobacco, or other controlled substances c) Gifts for staff d) Pay down existing debt e) Capital campaigns f) Equipment purchases, unless in the approved budget or schedule. g) Meals for staff unless a part of travel h) Food for participants in excess of $200, unless in the approved budget. Blue Cross project manager approval is required when the total cost will exceed $200. i) Conferences, without prior approval. 5. Invoicing and Payment 5.1 Consultant shall submit invoices as determined on each Schedule, showing the following:  Title Identifying the project  Name of Blue Cross Project Manager  Blue Cross purchase order number City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 2 Page 2 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las  Dates and hours of service for each employee of Consultant, respective rate per hour and extended cost (if applicable) for invoicing period or other basis on which fee is charged.  Description of Services performed  Total amount of current invoice 5.2 Consultant shall submit invoices as follows: Via electronic mail (preferred) to: accounts_payable@bluecrossmn.com or Via U.S. Mail to: Blue Cross and Blue Shield of Minnesota Attn. Accounts Payable Mail Code M--109 3535 Blue Cross Road Eagan, Minnesota 55122 5.3 Payments will be made within thirty (30) days after Blue Cross’ receipt of a properly submitted invoice. Invoices not submitted in accordance with the above will be returned to Consultant without payment for correction. Consultant shall direct all questions regarding invoice payment to the Blue Cross Accounts Payable Department. In Witness whereof, the parties have executed this Active Living for All Master Agreement on the date(s) indicated below. BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota City of St. Louis Park By: By: Signature Jamie Rice Senior Vice President, Chief Financial Officer Signature Print Name Print Name Date Date City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 3 Page 3 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las ARTICLE II – GENERAL TERMS AND CONDITIONS 1. SERVICES AND PERSONNEL 1.1 In the event of any ambiguity or conflict between any of the terms and conditions contained in this Agreement and the terms and conditions contained in a Schedule, as such Schedule might be amended by a Change Order, the terms and conditions of this Agreement will control, unless the parties have expressly provided in such Schedule that a specific provision in this Agreement is amended, in which case this Agreement will be so amended, but only with respect to such Schedule. Nothing in this Agreement will be construed as precluding or limiting in any way the right of Blue Cross to obtain from, or provide to, any person or entity, such products, deliverables, consulting or other services of any kind or nature whatsoever as Blue Cross in its sole discretion may deem appropriate from time to time. 1.2 Either Blue Cross or Consultant may from time to time request modifications or supplements to an existing Schedule to provide for additional Services or to change the scope of Services by submitting to the other party a written change order request (“Change Order Request”) labeled as such. After receipt of a Change Order Request from Blue Cross, or in conjunction with making a Change Order Request if made by Consultant, Consultant shall provide Blue Cross with a written statement (“Change Order”) substantially in the form of Exhibit “1” attached hereto setting forth (a) the nature of the Change Order Request and specifically referencing the Schedule to which it is applicable, (b) the cost and timing to effect same, (c) the affect upon the related Schedule of implementing the Change Order, and (d) such other information as Consultant deems material. After submission of a Change Order to Blue Cross, Blue Cross will endeavor to accept or reject same within ten (10) business days of Blue Cross’ receipt thereof; provided, however, that (i) the failure of Blue Cross to either accept or reject any Change Order in writing within said time period will be deemed to be a rejection of said Change Order, and (ii) Blue Cross is not obligated to accept any Change Order. A Change Order will become effective only upon the written acceptance of such Change Order by Blue Cross and Consultant as evidenced by their respective signatures thereon. 1.3 Blue Cross shall accept or reject all Deliverables in writing within the “Acceptance Period” specified in the respective Schedule. To the extent (a) Blue Cross provides Consultant written “Notice of Acceptance” of Deliverables substantially in the form of Exhibit “2” attached hereto, or (b) Blue Cross fails to reject one (1) or more Deliverables within the Acceptance Period specified in the respective Schedule, then for all purposes under this Agreement such Deliverables will be deemed accepted (“Accepted”) and subject to the warranties provided in this Agreement and additional warranties, if any, provided in the respective Schedule or Change Order(s) thereto. Consultant shall submit all Deliverables set forth in the respective Schedules or Change Orders to Blue Cross at the time or times specified therein. In the event Blue Cross provides Consultant written “Notice of Rejection” of Deliverables substantially in the form of Exhibit “3” attached hereto, and which will include sufficiently meaningful detail so as to inform Consultant of the reason(s) for rejection with respect to the specifications and requirements set forth in the applicable Schedule or Change Order, Consultant shall, at Consultant’s sole cost and expense, cure or otherwise remedy any non- conformance in rejected Deliverables so as to make such Deliverables conform and comply with all such specifications and requirements and re-deliver such Deliverables to Blue Cross within the “Rejection Cure Period” specified in the respective Schedule. If at any time Consultant becomes aware of any material noncompliance of a Deliverable with respect to any requirements and/or specifications set forth or otherwise provided for in the respective Schedule, Consultant shall promptly notify Blue Cross of such noncompliance of any Deliverable, even if after the Deliverable has been Accepted by Blue Cross, but such notification will not be deemed to require Consultant to cure or remedy such noncompliance if the notice is given after the applicable warranty period. 1.4 Consultant will furnish qualified principals or employees (each an “Employee”) to perform the Services at the times and location(s) designated by Blue Cross. Consultant is responsible for overseeing and managing the tasks and functions for the Services provided under this Agreement. Consultant shall not subcontract with any third party for the performance of any Services to be City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 4 Page 4 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las provided Blue Cross without in each instance obtaining the prior written consent of Blue Cross to Consultant’s use of such third party subcontractor and the subcontractor’s individual personnel proposed to be assigned to perform Services, which consent may be withheld in Blue Cross’ sole and absolute discretion. Such third party subcontractor and the subcontractor’s individual personnel for whom Blue Cross’ prior written consent may subsequently be given are hereafter referred to as “Permitted Subcontractors”. Consultant shall require each such Permitted Subcontractor to agree in writing to perform in accordance with, and subject to, the terms of this Agreement prior to the performance of Services by such Permitted Subcontractor. Consultant will make reasonable efforts to honor specific requests by Blue Cross with regard to the individuals, including replacements thereof, who are assigned and any other aspect of obtaining the desired results under this Agreement. Prior to replacing any individual assigned to perform Services with other individuals, Consultant agrees to provide Blue Cross written notice of Consultant’s intent to make the replacement and the opportunity to review and comment on the qualifications of the proposed replacement. Notwithstanding any other provision to the contrary, if at any time any individual assigned to perform Services is deemed, in Blue Cross’ reasonable judgment, to be unacceptable to Blue Cross, Consultant shall, upon receiving notice from Blue Cross, promptly replace the individual with an individual acceptable to Blue Cross, but in no event later than seven (7) days after Consultant’s receipt of Blue Cross’ notice. At no additional cost to Blue Cross, the specified time for Services and/or Deliverables to be provided may be extended by Blue Cross for a time period equal to the time period commencing on the date of Blue Cross’ notice and ending on the date a replacement individual has been accepted by Blue Cross. 1.5 When Services are to be provided at Blue Cross’ site, Blue Cross shall provide Consultant's on- site Employees and Permitted Subcontractors with temporary office space, local telephone service (excluding long distance charges), copying and general office supplies which may reasonably be necessary to facilitate Consultant's performance of the Services. Blue Cross will provide Consultant's on-site Employees and Permitted Subcontractors with such limited access to Blue Cross’ computer systems as is determined by Blue Cross in its sole discretion to be necessary for the performance of Services, subject to, and conditioned upon Consultant’s and each of its Employees and Permitted Subcontractors’ compliance with Blue Cross’ Corporate Information Security Policies and related procedures, as amended by Blue Cross from time to time. Consultant will ensure that its Employees and Permitted Subcontractors will, whenever on Blue Cross’ premises, comply with all reasonable instructions, protocols and directions issued by Blue Cross, including its ban on firearms and all other weapons in all buildings which Blue Cross owns or leases. 1.6 Prior to assigning any Consultant Employee or Permitted Subcontractor personnel to perform Services under a Schedule, Consultant shall provide the Blue Cross Purchasing Department with written documentation which shall identify each Consultant Employee and each Permitted Subcontractor personnel who are not U.S. citizens and shall also identify such non-U.S. citizens’ country of origin. Consultant shall provide such documentation via email to: corporate_purchasing@bluecrossmn.com. Blue Cross reserves the right to restrict access of, and impose work limitations on, any person who is not a U.S. citizen, and if necessary to perform the Services, Consultant may be required to furnish alternate Employees and/or Permitted Subcontractors. 1.7 Consultant assumes responsibility for determining the means and performance for gathering any necessary authorizations and records to conduct criminal history background checks on all persons it assigns to perform Services. Consultant shall make written inquiry of all such personnel assigned to Blue Cross and maintain copies of the written responses. Such background checks will be performed by a third-party background screening provider, and will include, without limitation, a search of court records and the individual’s criminal history where such individual has lived, worked and/or attended school during the most recent seven (7) years. Such background check will identify whether, within the past seven (7) years, the individual has: (a) been convicted of or has pled guilty or no contest (nolo contendere) to a felony or misdemeanor involving any crime of violence, (b) any sexual offense or (c) any conduct involving dishonesty, breach of trust, burglary, larceny, robbery, or conspiracy to City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 5 Page 5 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las commit any of these offenses, or substantially equivalent activity, in a domestic, military or foreign court. Any person with any such felony record will be ineligible to perform Services. Consultant shall promptly notify Blue Cross any subsequent felony charges, pleas or convictions of persons assigned to provide Services. Any person who subsequently acquires such felony record will be ineligible to perform Services. Consultant further agrees that any person assigned to Blue Cross who subsequently acquires a felony record of any kind may be ineligible to perform Services, as determined by Blue Cross in its sole discretion and in accordance with its obligations under the federal Violent Crime Control Act as it relates to persons engaged in the business of insurance. Consultant shall ensure ongoing compliance with this requirement for all individuals assigned to perform Services. No person who has initially completed the background check may be reassigned to Blue Cross unless the background check has been repeated within twelve (12) months prior to the date of being reassigned to Blue Cross. Upon reasonable request by Blue Cross, Consultant shall produce documentation of its compliance with these requirements. 1.8 Consultant shall comply, and shall ensure that Permitted Subcontractors, if any, comply, with the U.S. Department of Homeland Security E-Verify procedures to verify the employment eligibility of (a) all new employees of Consultant hired during the term of this Agreement to perform duties within the United States and (b) all existing employees of Consultant assigned to perform Services under this Agreement within the United States and hired on or after November 7, 1986, in each case except for (i) employees who hold an active security clearance of confidential, secret, or top secret; (ii) employees who have undergone a complete background investigation under Homeland Security Presidential Directive (HSPD)-12 or the National Industrial Security Program Operating Manual (NISPOM), and who have been issued credentials under either of those programs; and (iii) employees who perform support work, such as indirect or overhead functions, and do not perform any substantial duties with respect to this Agreement. Consultant shall provide Blue Cross with written certification of Consultant’s and any Permitted Subcontractor’s compliance prior to performing any Services. Consultant acknowledges that Blue Cross may periodically require recertification by Consultant and Permitted Subcontractors. 2. TERM AND TERMINATION 2.1 This Agreement is effective for a term (“Term”) commencing on the Start Date and continuing until the End Date, or until the contracted Services have been completed, or the maximum dollar amount has been reached, whichever occurs first, except that this Agreement will continue to remain in effect with respect to any Schedules then in effect on the date of termination or End Date until the date on which such Schedules are themselves terminated. 2.2 Either party may terminate this Agreement for convenience on not less than thirty (30) days prior written notice to the other party; provided, however, that (a) this Agreement shall continue to remain in effect with respect to any Schedules then in effect on the date of termination as specified in the notice, until the date on which such Schedules are themselves terminated, and (b) any Schedule may be terminated or expire in accordance with its terms without terminating any other Schedule. 2.3 Blue Cross may terminate any Schedule(s) for convenience, in whole or in part, at any time by giving Consultant written notice thereof not less than fourteen (14) days prior to the effective date of such termination and Consultant’s sole and exclusive remedy shall be limited to payment (on a pro- rata basis if fixed fee) for Services rendered and expenses properly incurred through the date of termination. 2.4 A party may terminate this Agreement and/or any Schedule(s) immediately in the event of a material breach of this Agreement and/or any Schedule(s) by the other party, which breach remains uncured for a period of ten (10) days after written notice reasonably specifying the nature of the breach is given to the breaching party. 2.5 A party may terminate this Agreement immediately in the event the other party (a) becomes insolvent, is dissolved or liquidated; (b) files or has filed against it a petition in bankruptcy and such City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 6 Page 6 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las petition is not dismissed within sixty (60) days of the date of filing; (c) makes a general assignment for the benefit of its creditors; (d) directly or indirectly sells, conveys, assigns, transfers, disposes of, merges, or consolidates substantially all of its assets or business with any other person or entity; or (e) ceases conducting business in the ordinary course. 2.6 In the event of termination of this Agreement for any reason, Consultant shall deliver to Blue Cross (a) all Deliverables prepared to date under this Agreement (b) all Confidential Information of Blue Cross, (c) all other property and assets of Blue Cross, and (d) Consultant’s written certifications to Blue Cross of Consultant’s return of the foregoing. Except in the event of termination by Blue Cross due to an uncured breach by Consultant, Consultant shall be paid for Services provided through the date and time of termination. 3. CHARGES 3.1 Blue Cross shall pay Consultant at the rate specified in the applicable Schedule for the Services outlined therein. All such amounts will be stated and payable in U.S. dollars. Consultant shall invoice Blue Cross in accordance with Article I, Section 6 of this Agreement and Blue Cross shall remit payment to Consultant within the time period specified in Article I, Section 6.3 of this Agreement. 3.2 Consultant shall add to any charges payable by Blue Cross under this Agreement, amounts equal to any U.S. state and local excise, sales, use taxes and any taxes or amounts in lieu thereof paid or payable by Consultant in connection with this Agreement, any Schedule or the Services, but excluding taxes that are (a) based upon the net income of Consultant, and/or (b) imposed by any foreign country or authority. Consultant shall file all returns and other documentation and pay all such taxes payable by Consultant to the relevant taxing authority. 3.3 Consultant is solely responsible for paying its Employees and any Permitted Subcontractor for Services performed under this Agreement. In no event will Blue Cross be liable to Consultant's employees or Permitted Subcontractor for payment for any Services provided under this Agreement. Blue Cross is not liable to pay or reimburse any type of expense which is not listed in this Agreement unless otherwise agreed upon in writing and signed by the parties. Consultant assumes responsibility for the timely payment of all income tax, unemployment and workers' compensation insurance, and all other employment-related taxes arising out of the performance of Services. 3.4 TIME REPORTING AND PAYMENT DISPUTES. Any charge disputed by Blue Cross must be brought to the attention of Consultant in writing; any payment disputed by Consultant must be brought to the attention of Blue Cross in writing within one hundred and twenty (120) days of the date Blue Cross issues payment; and any unreported charge for services or expenses must be brought to the attention of Blue Cross no more than one hundred and twenty (120) days after the date on which the Service was performed or the expense was incurred. Consultant is barred from collecting for unreported time and/or disputed amounts for which notice is not given within the timeframes stated in this Section 3.4. 4. INDEPENDENT CONTRACTOR RELATIONSHIP Consultant is an independent contractor, and is not an employee, servant, agent, partner, or joint venturer of Blue Cross. Neither party to this Agreement will have any authority to bind or represent the other party. Blue Cross shall identify and request the Services to be performed, but Consultant shall determine the legal means by which all Services are to be accomplished. Blue Cross is not responsible for withholding, and shall not withhold, FICA or any other employment-related taxes of any kind from any payments made to Consultant. Neither Consultant, its employees, nor any subcontracted personnel will be entitled to receive any benefits which employees of Blue Cross are entitled to receive, nor will Consultant, its employees or subcontracted personnel be entitled to receive from or through Blue Cross workers' compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or Social Security on account of Services performed under this Agreement. City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 7 Page 7 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las 5. CONFIDENTIAL INFORMATION Notwithstanding anything to the contract in this paragraph all data created, collected, received, maintained, or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. 5.1 In the course of performing Services, Consultant might be given or obtain access to Confidential Information (defined below). For purposes of this Agreement, the following definitions apply: (a) “Affiliate” means (i) any entity now existing or hereafter organized that, directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with Blue Cross, and/or (ii) any entity in which an entity described in "(i)" above holds not less than 30% of either the membership interest, voting interest or issued and outstanding voting securities thereof. (b) “Confidential Information” means general nonpublic data as enumerated in Minnesota Statutes 13. 5.2 (a) Consultant shall not without first having obtained the prior written consent of Blue Cross, which consent may be withheld and/or qualified in Blue Cross’ sole discretion, disclose nor permit any of its Employees or Permitted Subcontractors to disclose, to any Employee or Permitted Subcontractor who has not agreed in writing to comply with the provisions of this Section 5 and who is not specifically assigned to perform Services or who does not otherwise have a legitimate need to know such Confidential Information in connection with this Agreement, nor to any third party, any such Confidential Information of, obtained from or disclosed by Blue Cross and/or any of its Affiliates. Consultant will otherwise protect the confidentiality of such Confidential Information using at least the same degree of care it utilizes in the protection of its own proprietary and confidential information, but in no event less than a reasonable degree of care. Nothing expressed in this Section 5 or in this Agreement will be deemed to prohibit Blue Cross or any Blue Cross Affiliate from disclosing to third parties (i) any Deliverables, and (ii) the terms and conditions of this Agreement. Consultant shall not use or reproduce any Confidential Information of, obtained from or disclosed by Blue Cross and/or any of its Affiliates except in furtherance of the purposes of this Agreement. (b) Consultant and its Permitted Subcontractors shall establish and maintain environmental, safety and facility procedures, data security procedures and other safeguards against the destruction, loss or alteration of Blue Cross Confidential Information disclosed pursuant to this Agreement that are (i) no less rigorous than those maintained by Consultant for its most sensitive information, (ii) in compliance with all applicable laws, and (iii) sufficient to prevent unauthorized use or disclosure thereof. Without limiting the generality of the foregoing, Consultant shall use its best efforts and commercially reasonable safeguards to prevent unauthorized use or disclosure of such Confidential Information. (c) Consultant and its Permitted Subcontractors will maintain or cause to be maintained physical and logical data and electronic security controls over the Confidential Information, the development of the Deliverables and Consultant’s owned and leased facilities and those of its Permitted Subcontractors sufficient to prevent unauthorized access to the Confidential Information and to limit access to the Confidential Information solely to Consultant’s and its Permitted Subcontractors’ authorized personnel. Consultant shall encrypt all portable media on which Blue Cross Confidential Information is stored, using a non-proprietary algorithm of at least 256-bit cipher strength. (d) Consultant shall immediately notify Blue Cross in the event of any actual, suspected or attempted unauthorized access to or use of any Confidential Information or any facilities associated therewith. (e) Consultant shall not, and shall ensure that Consultant personnel and Permitted Subcontractors do not, break, bypass or circumvent, or attempt to break, bypass or circumvent, any security system of Blue Cross, or obtain, or attempt to obtain, unauthorized access to any Confidential Information. City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 8 Page 8 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las 5.3 Intentionally left blank. 5.4 The restrictions and conditions that apply to information, that (a) is, as of the time of its disclosure, or thereafter becomes, part of the public domain through a source other than Consultant, its employees or subcontracted personnel; (b) was known to Consultant as of the time of its disclosure by Blue Cross to Consultant and not subject to any restrictions regarding disclosure, use or reproduction; (c) is independently developed by Consultant without reference to Confidential Information; or (d) is learned or acquired from a third party without restriction against disclosure, use or reproduction. 5.5 Except as may be set forth in a Schedule, Consultant shall not remove from the premises of Blue Cross any Confidential Information or other property of, or disclosed by, Blue Cross or any Blue Cross Affiliate without first having obtained the prior written consent of Blue Cross or such Affiliate, respectively. Such prior written consent by Blue Cross may be given only by a Blue Cross Vice President or Senior Vice President. 5.6 In the event Consultant receives a subpoena or other administrative or judicial process validly issued by a U.S. federal or state authority demanding Confidential Information of or disclosed by Blue Cross or of an Affiliate, Consultant shall promptly notify Blue Cross and the Affiliate and tender to it the defense of such demand. Unless such demand is timely limited, quashed or extended, Consultant will thereafter be entitled to comply with such demand to the extent required by U.S. federal or state law. 5.7 Within ten (10) days after Blue Cross’ written request, Consultant shall (a) return to Blue Cross all Confidential Information of Blue Cross and its Affiliates, including any copies thereof, and (b) delete all Confidential Information from Consultant’s computer equipment, and certify in writing to Blue Cross, Consultant's deletion of same. 5.8 Consultant acknowledges and agrees that monetary damages will not fully compensate Blue Cross or its Affiliates in the event of a breach of the terms and conditions of this Section 5 and that upon any such breach or threatened breach, Blue Cross and/or its Affiliates are entitled as a matter of right to specific performance, injunctive relief and/or other equitable relief, without requirement of bond, in addition to all other remedies at law. 6. OWNERSHIP RIGHTS 6.1 To the fullest extent possible, Blue Cross will be the owner of all Intellectual Property Rights (defined in the following paragraph) and other property rights in and to in the Deliverables. All rights, title and interest in and to all work product and intellectual property created or conceived by Consultant and/or any Employee, Permitted Subcontractor or other person or entity working for or under Consultant, for delivery to Blue Cross in connection with and/or as part of Services, including without limitation, all inventions, methods, processes, business adaptations, reports, products, programs, software, code, documentation, deliverables, business concepts, charts, graphs, diagrams and other materials, regardless of whether existing in or on paper, electronic or other form or media, upon creation and at all stages of development and upon completion (collectively “Deliverables”), and all rights, title and interest in and to Intellectual Property Rights, and interests therein or stemming therefrom, except as may be specifically excluded under Article II, Section 6.2, are hereby and unconditionally assigned and transferred to, and will immediately upon the creation of or coming into existence thereof become, the exclusive property of Blue Cross. Consultant retains no rights or interest in connection with such assignment and transfer. Consultant shall leave all such Deliverables with Blue Cross upon completion of the Services to use or employ in any manner Blue Cross deems appropriate in its sole and absolute discretion. For purposes of this Agreement, “Intellectual Property Rights” means worldwide ownership of all copyrights, all rights of authorship, all patent rights, all rights of inventorship, all trademark and service mark rights, all rights in trade secret and proprietary information, all rights in data and compilations of data, all rights of attribution and integrity and other moral rights, and all other Intellectual Property Rights of any type under state or federal law of the United States or any other City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 9 Page 9 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las nation or international treaty or law, as well as all rights in applications for registration of these rights and all licenses to these rights. All Deliverables, except as specifically excluded in Section 6.2, will be deemed “work-made-for-hire” under the United States Copyright Act of 1976, as amended, to the extent not expressly proscribed by federal law. If any Deliverable does not qualify as “work-made-for-hire”, then Consultant hereby irrevocably transfers, assigns and conveys all right, title and interest in the Deliverables to Blue Cross upon creation and at all stages of development and upon completion, without further compensation or the necessity of further actions. Consultant shall have and maintain written agreements between Consultant and each of Consultant’s Employees and subcontractors, if any, who provide Services and/or Deliverables hereunder which establish and assign to Blue Cross all such rights and interests in such Deliverables and that Consultant will provide copies of such agreements to Blue Cross upon request. Consultant shall to execute, sign and deliver to Blue Cross all documents reasonably requested by Blue Cross in connection with such assignment of rights, and upon request, Consultant shall cooperate with Blue Cross to establish, perfect, assert or defend Blue Cross’ rights and interests in such Deliverables. Consultant warrants that no other party will have any rights whatsoever therein. 6.2 It is understood that Consultant will be free to use its general knowledge, skills and experience and any ideas, concepts, know-how, and techniques related to the Services provided by Consultant. It is further understood that Consultant has created, acquired or otherwise has rights in, and may, in connection with the performance of Services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights from third parties, other than Blue Cross, in various concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, models and templates (collectively, the “Consultant Items”). Notwithstanding anything to the contrary in this Agreement, to the extent that Consultant uses any of its intellectual or other property (including, without limitation, the Consultant Items) in connection with the performance of Services and/or such Consultant Items are incorporated into or embedded in Deliverables, or used in providing Services in connection with the development of the Deliverables, such property will remain the property of Consultant and, except for the license expressly granted in this Section 6, Blue Cross will not acquire any right, title or interest in or to such property. Consultant hereby grants to Blue Cross and its Affiliates a worldwide, transferable, sublicensable, perpetual, non-exclusive, royalty free, fully paid, license to use, reproduce, perform, display, modify, and/or create derivative works from, any of the Consultant Items, in connection with the use, display, operation, modification, distribution and/or commercial exploitation of the Deliverables. 7. WARRANTIES 7.1 Consultant represents and warrants that (a) all Services will be performed in good faith and in a good, professional, workmanlike, competent and timely manner, in conformity with all applicable professional standards and the requirements of this Agreement and the respective Schedule(s), (b) Consultant, its Employees and Permitted Subcontractors, if any, shall have and maintain the requisite technical knowledge, skills, abilities, licenses and qualifications to provide the Services, (c) Consultant will comply with all applicable local, state and federal ordinances, laws and regulations in providing the Services, and (d) Consultant’s performance of Services does not and will not violate the terms and conditions of any other contract or obligation of Consultant. Consultant warrants that Consultant (including Consultant's personnel performing Services hereunder) (x) has not offered or provided any gifts, gratuities or other consideration to the benefit of Blue Cross or any Blue Cross employee to induce Blue Cross to enter into this Agreement, including any Schedule, and (y) has no Conflict of Interest. For the purposes of this Agreement, “Conflict of Interest” means a personal, financial or other interest in or with (i) any supplier of goods or services recommended by Consultant to Blue Cross, or (ii) any Blue Cross customer or supplier to Blue Cross of goods or services, which relate to Services. Consultant will not permit any person having a Conflict of Interest to perform Services. 7.2 Consultant warrants that Consultant, its Employees and/or Permitted Subcontractors will not introduce through data transmission via modem or any other medium or in the performance of any Service hereunder or under any other agreement entered into between the parties, any virus, City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 10 Page 10 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las malware, spyware, bomb, worm, trap door, back door, Trojan horse, malicious logic, drop dead device, software lock, disabling code, or any other contaminant, program routine or disabling device, including without limitation, any key, timer, clock, counter, local shared object/flash cookies or other self-enacting device or limiting routines, codes, commands, or instructions or other feature that may have the effect or that could be used to access, track activity on, alter, delete, damage, deactivate, interfere with, disable or otherwise harm any Deliverable or Blue Cross owned, licensed and/or leased computer hardware, software, code, systems, data, compilations of data, or other property (collectively “Harmful Code”). 7.3 Consultant warrants that it has all rights, powers and authority to effect all assignments and transfers of rights as provided in Section 6 above. Consultant warrants that no Deliverable, or Blue Cross’ use thereof, will infringe upon or violate any Intellectual Property Rights or any other rights of a third party or parties. Consultant represents and warrants that it has no other agreement or relationship with a third party or parties that conflicts with its obligations under this Agreement. 7.4 Consultant represents and warrants that Consultant, its Employees and Permitted Subcontractors, if any, are not included on any list or general order issued by the United States government or governmental agency, and are not a sanctioned party identified by the United States government or governmental agency, resulting in exclusion or debarment from receiving United States government contracts or federally-approved subcontracts and from certain types of federal financial and nonfinancial assistance and benefits. These lists include, without limitation, the General Services Administration's Excluded Parties List System (GSA/EPLS), the Office of Foreign Assets Control (OFAC) lists of sanctioned parties and specially-designated nationals, and the Office of Inspector General's (OIG) List of Excluded Individuals and Entities. Consultant shall notify Blue Cross within five (5) days in the event that Consultant becomes aware that Consultant, any Employee or Permitted Subcontractor is included on any such list, order or is so sanctioned. 7.5 Consultant represents and warrants that it has not performed services funded by or to the benefit of the tobacco industry within the past 5 years. Furthermore, Consultant shall not pursue or accept a contract, including sponsorship or participation, with a tobacco company during the term of this Agreement. Consultant shall make every reasonable effort to ensure that any sponsors or corporate participants in the project(s) funded by this Agreement have not been involved with other projects funded directly or indirectly by the tobacco industry, or any other projects that could reasonably be considered counter to tobacco reduction or cessation efforts. In addition, Consultant shall make every reasonable effort to ensure that any subcontractors performing Services have not been involved in projects funded directly or indirectly by the tobacco industry, or any projects that would be considered counter to Blue Cross’ initiatives on tobacco use reduction or cessation. 8. INDEMNIFICATION Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other applicable law govern the Consultant’s liability. 9. INSURANCE Consultant shall at its own cost and expense, maintain (and cause its Permitted Subcontractors, if any, to maintain) the following insurance coverages in full force and effect throughout the Term of this Agreement: 1) Workers' Compensation Insurance, as may be from time to time required under applicable federal laws and the laws of the State(s) or country in which the Services are performed; 2) Employers Liability Insurance, with limits of not less than $500,000 each accident, $500,000 disease - policy limit, and $500,000 disease - each employee; 3) Commercial General Liability Insurance (including contractual liability to cover the indemnity provisions set forth in this Agreement) with limits of not less than $3,000,000 general aggregate and $1,000,000 each occurrence (including personal and advertising injury); City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 11 Page 11 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las 4) Automobile Liability Insurance (including owned, non-owned and hired) with limits of not less than One Million Dollars ($1,000,000) combined single limit, and The foregoing insurance coverages (except for the Workers' Compensation Insurance Coverage) will be written on an occurrence basis and will name Blue Cross as an additional named insured. The Consultant shall furnish current certificates evidencing that the foregoing insurance is being maintained by Consultant. Delivery of a certificate to Blue Cross which is not in full compliance with this Agreement will not be deemed a waiver of the Consultant's obligations. Notwithstanding any other provision in this Agreement to the contrary, Consultant agrees to look solely to Blue Cross, its successors or assigns for the payment or performance of any of Blue Cross’ obligations hereunder, and Consultant agrees that no trustees, officers or employees of Blue Cross will be personally liable for such payment or performance. 10. CUMULATIVE RIGHTS Except as specifically provided in Article II, part 3.4 above, all rights and remedies of Blue Cross and Consultant, respectively, under this Agreement are cumulative, and the exercise by a party hereto of any right or remedy herein provided will be without prejudice to the right to exercise any other right or remedy of such party provided for herein or therein or at law or in equity, all of which are expressly reserved. 11. ASSIGNMENT Except as specifically provided below, neither party may (a) assign this Agreement, (b) assign all or any part of its rights under this Agreement, nor (c) assign and/or delegate performance under this Agreement; whether directly or indirectly, voluntarily or involuntarily, by merger, consolidation, dissolution, operation of law or otherwise, without first having obtained the prior written consent of the other party; provided, however, that Blue Cross may in its sole discretion and without obtaining the prior written consent of Consultant (x) assign this Agreement, (y) assign all or any part of its rights under this Agreement, and/or (z) assign and/or delegate all or any part of its performance under this Agreement; to any Affiliate. Any purported assignment or purported delegation in violation of this Section is null and void. 12. NO THIRD PARTY BENEFICIARY This Agreement is solely for the benefit of the parties and their respective successors and permitted assigns, and no other person or entity has any right, benefit, priority or interest under, or because of the existence of, this Agreement; provided, however that Blue Cross’ Affiliates will be deemed third party beneficiaries with respect to Consultant’s obligations under Sections 5, 6, 7, 8 and 9 hereof. 13. GOVERNING LAW The formation, interpretation and performance of this Agreement and any disputes arising out of or related to it will be governed by the substantive and procedural laws of the State of Minnesota, and, to the extent applicable, the laws of the United States of America. This Agreement is deemed to be executed in Minnesota and the parties hereby consent to the jurisdiction of the State and Federal Courts located in Minnesota for such disputes. All litigation arising out of or related to this Agreement must be brought in Courts located in the State of Minnesota. 14. NOTICES Except for the notices provided for in Article II, Sections 1.6 and 7.4, every notice or other communication to be given by either party to the other with respect to this Agreement, will be provided in writing, in the English language, and will be deemed given when either personally delivered, sent by Certified United States, return receipt requested, delivered by courier, addressed if to Blue Cross as follows: Blue Cross and Blue Shield of Minnesota 3535 Blue Cross Road City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 12 Page 12 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las Eagan, Minnesota 55122 Attn: Purchasing Manager and, if to Consultant, at the address set forth on page 1 of this Agreement; or at such other address or addresses as Blue Cross or Consultant, respectively, may from time to time designate by notice given as above provided. City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 13 Page 13 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las 15. FORCE MAJEURE Neither party will be liable for the non-performance of its obligations under this Agreement for a maximum period of sixty (60) days if such non-performance is caused by acts of civil or military authority, civil disturbance, war, terrorism, explosions, fires, earthquakes, floods or other acts of God (“Force Majeure Event”). The party so affected shall give notice to the other party and shall do everything reasonably possible to resume performance. If the period of non-performance exceeds sixty (60) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may terminate the Agreement and/or any applicable Schedule(s) upon written notice. 16. SURVIVAL No termination or expiration of this Agreement and/or any Schedule will affect the rights and obligations of the parties which have accrued prior to the effective date of termination or expiration. In addition, the provisions of Article II, Sections 2.5, 3.3, 3.4, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 17, 18, 19, 20, 21, 23, 26, and 28 will survive termination or expiration of this Agreement and /or any Schedule. 17. ENTIRE AGREEMENT This Agreement, including its Exhibits referenced herein and Schedules, represents the entire agreement between the parties concerning the Services described in such respective Schedules. The terms and conditions of this Agreement supersede any prior verbal or written communications or conflicting proposal material concerning the Services and Deliverables described in such Schedules to the extent that such terms are not specifically incorporated by reference into this Agreement, a Schedule or into any written amendments thereto which have been signed by both parties. The parties may amend this Agreement only by a written instrument, signed by both parties hereto, that identifies itself as an amendment to this Agreement. 18. NO WAIVERS No waiver of or to this Agreement will be valid unless in writing and signed by both parties hereto. No waiver of, or failure to exercise, any option, right or privilege under the terms of this Agreement by either of the parties hereto on any occasion or occasions shall be construed to be a waiver of the same or similar option, right or privilege on any other occasion. 19. BINDING NATURE This Agreement will be binding on and inure to the benefit of the parties and their respective successors and permitted assigns. 20. PERMITTED SUBCONTRACTORS TO BE BOUND Consultant shall not permit any Permitted Subcontractor to perform any of the Services or participate in the creation or development of any Deliverable unless and until Consultant has entered into a written subcontract with such Permitted Subcontractor containing provisions at least as protective of Blue Cross’ Confidential Information, proprietary rights and rights in the intellectual property and Deliverables as are provided in this Agreement. Consultant will remain responsible for obligations performed by Permitted Subcontractors to the same extent as if such obligations were performed by Consultant’s Employees. 21. SEVERABILITY If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same will not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision will be deemed modified to the extent necessary in the court's opinion to render such term or provision enforceable and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth. 22. PUBLICITY Consultant shall not issue or otherwise publish any press release or make public statements (including via social media) concerning this Agreement, use Blue Cross’ name for marketing City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 14 Page 14 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las purposes or list Blue Cross on published lists of suppliers or provider of program funding, without first having obtained the prior written consent of Blue Cross. Blue Cross may, at its sole and absolute discretion, publicize the project which is the subject of any Schedule, including the use of references, case studies or other mention in reports to the community, research reports, annual reports, marketing materials or such other print, broadcast, online or other media as Blue Cross may elect from time to time. Consultant shall, in public references to the project which is the subject of any Schedule, acknowledge Blue Cross’ funding in such manner as Blue Cross may reasonably direct. Further, Consultant will comply with Blue Cross’ Communication Requirements for Funded Organizations, attached hereto as Exhibit 5, of which Consultant acknowledges receipt, and which will be deemed incorporated into and made part of this Agreement. 23. NON-SOLICITATION Neither party shall solicit for employment any employee of the other party who is directly involved in the performance of Services described in a Schedule to this Agreement during the term of the respective Schedule and for a period of six (6) months immediately following its expiration or earlier termination, except as may otherwise be agreed in writing by the respective parties hereto. This Section shall not restrict the right of either party to (a) solicit the employment of employees of the other party after such employees have separated or have been separated from the service of such other party for a period of six months or more, provided that the soliciting party did not solicit such separation, or (b) solicit or recruit generally in the media, or to post open positions via internal or external job posting methods. If any employee of Consultant or its Permitted Subcontractor who is actively engaged in performing Services pursuant to an approved Schedule applies for a position within Blue Cross or its Affiliates based on an advertisement in the media or an internal posting, Blue Cross may hire such applicant in its sole discretion. 24. NON-COMPETE Consultant shall not, at any time during the term of this Agreement and the term of all Schedules, and for a period of two (2) years from and after the later to occur of expiration or termination thereof, provide any health insurers or health plans operating in the State of Minnesota that are direct competitors of Blue Cross, or provide any other licensee of the Blue Cross and Blue Shield Association, with services or deliverables that are substantially similar or perform substantially similar functions as those created for Blue Cross pursuant to this Agreement. Consultant acknowledges that monetary damages will not fully compensate Blue Cross for violation of Consultant's agreement not to compete, and that upon any such violation, Blue Cross will be entitled, as a matter of right, to injunctive relief without requirement of bond in addition to all other remedies at law. 25. HEADINGS Section headings are for reference only and will not be used in construing this Agreement. 26. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which constitute but one and the same instrument. 27. ATTORNEY’S FEES In the event that any action, suit or other proceeding is instituted to remedy, prevent, or obtain relief from, a breach of this Agreement, or arises out of a breach of this Agreement, the prevailing party will be entitled to recover all of such party’s reasonable attorney’s fees, costs and expenses incurred in connection therewith. 28. TIME Time is of the essence in the performance of this Agreement. City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 15 Page 15 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las 29. EXPORT RESTRICTIONS Except as specifically set forth in a Schedule or Change Order thereto, Consultant shall not perform the Services, in whole or in part, from any location outside of the United States without Blue Cross’ prior written consent. Consultant shall not directly or indirectly export (or re-export) any computer hardware, software, technology, technical data or derivatives of such hardware, software, technology or technical data provided by Blue Cross, or permit the shipment or transmission of same: (a) into (or to a national or resident of) any country as to which the United States has placed an embargo, (b) to anyone on the U.S. Treasury Department’s “Specially Designated Nationals List” or on the U.S. Commerce Department’s “Denied Person’s List”, “Unverified List”, “Entity List” or other compiled list or general order issued by the United States government or governmental agency, or to a sanctioned party identified by the United States government or governmental agency, or (c) to any country or destination for which the United States government or a United States governmental agency requires an export license or other approval for export without first having obtained (i) such license or other approval, and (ii) the prior written consent of Blue Cross. 30. RECORD KEEPING REQUIREMENT 30.1 Consultant will establish an official file for the project. The file shall contain documentation of all actions taken regarding this contract. 30.2 Consultant shall establish separate ledger accounts for the receipt and expenditure of project funds and maintain expenditure detail in accordance with the approved budget detail. Separate bank accounts are not required. 30.3 Consultant shall maintain financial records in accordance with generally accepted accounting principles. Consultant shall maintain adequate supporting documentation in such detail so as to provide an audit trail of receipts, expenditures, and disbursements. Consultant’s records will permit tracing transactions from support documentation to the accounting records to financial reports and billings. Such documentation shall include proof of all match contributions, including identification of the source of each and every such contribution, and may include, but shall not necessarily be limited to subsidiary ledgers, payroll records, vendor invoices, canceled checks, bank or other financial account records, consultant contracts and billings, volunteer rosters and work logs, and lease or rental agreements. Such documentation shall be readily available for inspection, review, and/or audit by Blue Cross or other representative of Blue Cross. 30.4 The books, records, documents, and accounting procedures and practices of Contractor relevant to this agreement shall be retained and made available and subject to examination by Blue Cross for a minimum of three years. 31. AUDIT 31.1 From time to time, but not more than annually, Blue Cross may utilize its internal auditors or engage a third party auditor reasonably acceptable to Consultant to perform a confidential audit of Consultant’s compliance with its obligations under this Agreement. In addition, Consultant shall reasonably participate in any audits initiated by a customer or regulator of Blue Cross, to the extent that Consultant's performance of Services is within the scope of such audit. For the avoidance of doubt, Contractor’s reasonable cooperation with audits is part of the Services, and will be provided at no additional cost to Blue Cross. 31.2 Blue Cross shall provide at least sixty (60) days notice prior to commencement of an audit, which shall be conducted during normal business hours, at a mutually agreed upon time (but no later than sixty days after Blue Cross’ notice, unless the parties agree otherwise). Audit rights shall extend to, when applicable, audits of such location(s) utilized by Consultant to provide Services, audits of practices and procedures, systems and infrastructure, and such other areas necessary for Blue Cross to verify Consultant’s compliance with its obligations under this Agreement. Prior to conducting any audit, Blue Cross shall confer with Consultant to discuss the scope of the audit and logistical City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 16 Page 16 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las issues. Any resulting report will be deemed Blue Cross Confidential Information, and will not be shared with anyone outside of Blue Cross and Consultant, except for the parties' respective auditors, financial and/or legal advisors. 31.3 If any audits of Consultant result in an adverse or qualified opinion, (a) Consultant shall provide Blue Cross a detailed remediation plan (including dates), and use reasonable efforts to remediate (at its own expense) the condition(s) giving rise to such opinion and (b) Blue Cross may utilize its internal auditors or engage a third party to specifically re-test activities related to such opinion, to verify closure or identify potential impact to Blue Cross. 32. REIMBURSEMENT LIMITED TO NET COSTS All costs charged against the Agreement shall be net of all applicable credits. The term “applicable credits” refers to those receipts or reductions of expenditures that operate to offset or reduce expense items that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily limited to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds. Contractor shall, where possible, deduct the amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the amount of the credit from the total billed under a future invoice. 33. LOBBYING Funded organizations shall comply with all applicable federal, state, and local laws, rules, regulations, ordinances and directives, regarding registration and reporting for lobbying activities, as defined in Minnesota Statute chapter 10A and for committees acting to promote or defeat a Ballot Question, as those terms are defined in Minnesota Statute section 211A.01. This includes, but is not limited to, compliance with Minnesota Statutes chapter 10A, 211A, 211B. Lobbying is defined as attempting to influence legislation within the meaning of Internal Revenue Code Sections 501(h) and 4911 or for any attempts to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating or urging others to communicate with public or local officials, within the definition of "lobbyist" under Minnesota Statutes 2004, Section 10A.01, Subd. 21. You may not engage in any state level or federal level lobbying under the terms of your agreement. If conducting local level lobbying, the funded organization shall comply with all applicable Federal, State, and local laws, rules, regulators, ordinances, and directives, regarding registration and reporting for lobbying activities, as defined in Minnesota Statute chapter 10A. Blue Cross is not a lobbyist principle for the purpose of this project. City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 17 Page 17 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las EXHIBIT 1 TO ACTIVE LIVING FOR ALL MASTER AGREEMENT CHANGE ORDER NO. __ TO SCHEDULE NO. __ This CHANGE ORDER NO. __ is made and incorporated into SCHEDULE NO. __ to the Active Living for All Master Agreement bearing an Effective Date of _________, 20__ and entered into by and between BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota (“Blue Cross”) and ________________ (“Consultant”). Blue Cross and Consultant agree as follows: [Insert change order information and specifically reference those Sections of the Schedule to which changes are applicable. Sample language is as follows: 1. Section __ of Schedule No. __ is deleted in its entirety and is replaced by the following: [Insert specific language]; or 2. Section __ of Exhibit A to Schedule No. __ is deleted in its entirety and is replaced by the following: [Insert specific language]; or 3. The third (3rd) sentence of Section __ of Exhibit A to Schedule No. __ is deleted in its entirety and is replaced by the following: [Insert specific language].] Consultant and Blue Cross acknowledge and agree that the terms and provisions contained in this Change Order constitute an amendment to SCHEDULE NO. __ referenced above and are incorporated into and made a part thereof. Except as modified and amended herein, all other terms and conditions of SCHEDULE NO. __ remain in full force and effect. This Change Order is effective as of _________, 20__. This CHANGE ORDER NO. __is agreed upon by Blue Cross and Consultant as evidenced by their respective signatures below: CONSULTANT BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota By: By: Name: Name: Title: Title: Date: Date: City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 18 Page 18 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las EXHIBIT 2 TO ACTIVE LIVING FOR ALL MASTER AGREEMENT NOTICE OF ACCEPTANCE Pursuant to Schedule No. __ to the Active Living for All Master Agreement bearing an Effective Date of ______, 20__ entered into by and between BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota (“Blue Cross”) and _________________ (“Consultant”), Blue Cross approves the Deliverable(s) specified below as provided by Consultant and this constitutes Blue Cross’ “Notice of Acceptance” of such Deliverables: [Insert description of each specific Deliverable accepted] BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota By: Name: Title: Date: City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 19 Page 19 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las EXHIBIT 3 TO ACTIVE LIVING FOR ALL MASTER AGREEMENT NOTICE OF REJECTION Pursuant to Schedule No. __ to the Active Living for All Master Agreement bearing an Effective Date of ______, 20__ entered into by and between BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota (“Blue Cross”) and _________________ (“Consultant”), Blue Cross rejects the Deliverable(s) specified below as provided by Consultant and this constitutes Blue Cross’ “Notice of Rejection” of such Deliverables: [Insert description of each specific Deliverable rejected, and as to each, the specific reason(s) for rejection with respect to the specifications and requirements set forth in the Schedule (or Change Order)] BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota By: Name: Title: Date: City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 20 Page 20 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las EXHIBIT 4 TO ACTIVE LIVING FOR ALL MASTER AGREEMENT BLUE CROSS’ CONTRACTOR/CONSULTANT EXPENSE REIMBURSEMENT POLICY City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 21 Page 21 of 21 Health Equity in Prevention Master Agreement (KMA 3-2013) city of st louis park alfa comm fund cma 23july2013 las EXHIBIT 5 TO ACTIVE LIVING FOR ALL MASTER AGREEMENT COMMUNICATIONS REQUIREMENTS FOR FUNDED ORGANIZATIONS City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 22 Page 1 of 19 CFCMA KMA 3.13 city of st. louis park alfa schedule 26jun2013 las v2 ENGAGEMENT SCHEDULE #1 TO ACTIVE LIVING FOR ALL MASTER AGREEMENT This Schedule is made pursuant to and incorporated into the Active Living For All Master Agreement bearing an Effective Date of July 1, 2013, and entered into by and between BCBSM, Inc., dba Blue Cross and Blue Shield of Minnesota (hereafter “Blue Cross”) and City of St. Louis Park (hereafter “Consultant”). Any capitalized term not otherwise defined herein will have the meaning given to it in the Active Living for All Master Agreement (the “Agreement”). 1. SCOPE/DESCRIPTION OF SERVICES. A. Blue Cross’ goal is to improve physical activity amongst Minnesotans. Blue Cross is funding selected communities to plan for and implement an effective approach to support active living efforts, with a focus on policy, systems, and environmental (PSE) change. The intent of this contract is to support work that increases access and reduces barriers to routine physical activity. B. Consultant will lead initiative to generate citizen input, advocacy, and action on PSE changes to reduce barriers and increase access to routine physical activity in the city of St. Louis Park. Consultant will engage citizens in learning about and advocating for specific PSE strategies appropriate for their needs and community. Consultant will coordinate a large-scale, professionally facilitated community dialogue and follow-up meetings with citizens and partner organizations. This work will be documented by Consultant and shared with a broad public audience, promoting greater awareness, participation, and support among stakeholders and serving as a model and inspiration for other communities interested in this process. Consultant will also support environmental design costs for a project or projects deemed high priority through the citizen engagement process, in support of the city’s Active Living Sidewalks and Trails Plan, and with input from city planners. Key nonprofit partners will receive small subcontracts to support active living related projects that reflect the priorities of their constituent groups. These may include small capital purchases, communications tools, or planning time to advance PSE changes. Collectively, these activities constitute the “Project.” 2. START/END DATE OF SERVICES. A. Consultant will start performance of the Services under this Schedule on July 1, 2013, and complete performance no later than July 31, 2014. During the time period of July 1, 2014 – July 31, 2014, Consultant will work only on preparing the final report. All other work detailed in this Schedule will be completed by June 30, 2014. 3. DESCRIPTION OF TASKS/SERVICES TO BE PROVIDED BY CONSULTANT. A. The Work Plan supports active living initiative for the period of July 1, 2013 to June 30, 2014, approved by Blue Cross Project Manager, attached hereto as Appendix A to this Schedule. Any change made to this work plan throughout the course of the Agreement needs to be approved in writing by Blue Cross Project Manager and will be incorporated into this agreement. B. Consultant will execute the agreed upon Work Plan as described herein. All projected dates may vary up to 30 days before additional contractual review is needed. Any deviation from these projected dates must be approved in writing by the Blue Cross Project Manager. All Consultant Tasks/Services are defined within the attached Work Plan. At minimum these Consultant Tasks/Services include, but are not limited to: 1. Review existing city policies and research best practices; 2. Design and facilitate community engagement and dialogue campaign related to physical activity with documentation of process, results and follow-up; City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 23 Page 2 of 19 CFCMA KMA 3.13 city of st. louis park alfa schedule 26jun2013 las v2 3. Create documentary and supportive video pieces of the community dialogue process to support further community education and advocacy; and 4. Begin to identify potential community-driven PSE change projects. C. Consultant and designated subcontracts will complete core competency assessment that your Blue Cross Project Manager will use to develop a capacity development and leadership development plan. D. Upon request by Blue Cross, Consultant will participate in Blue Cross-sponsored workshops; conferences; trainings and/or conference calls for project support, planning, best practices development; and other activities identified in the capacity development and leadership development plan, including but not limited to: 1. Up to two (2) Learning Meetings to be scheduled; 2. Other events as identified by Blue Cross Project Manager; and/or 3. Other conferences (non-Blue Cross) that Blue Cross pre-approved in your work plan. E. Consultant will work collaboratively with Blue Cross’ evaluator to help develop an evaluation plan and will supply information and resources based on the evaluation plan. F. Consultant will comply with any and all guidelines, restrictions and standards for the use of Blue Cross’s name, logo and attribution, including, but not limited to, those set forth in Exhibit 1 (Communications Requirements for Funded Organizations) to the Active Living for All Master Agreement, which Blue Cross may amend from time to time. Consultant will provide Blue Cross with (a) proofs for review and approval prior to printing or other publication (including paper or electronic publishing, and creation of audio/video documentation) of any Project-related material, advertising or video containing attribution of Blue Cross or Blue Cross’ name or logo; and (b) the opportunity to approve or reject the placement, color or size of Sponsor’s name or logo on all Project-related material or advertising. Blue Cross retains all right, title and interest in its corporate name and logo, and nothing in this Schedule or the Agreement will be construed to constitute a waiver of any other right or remedy Blue Cross may have relative to the use of its corporate name or logo by Consultant. G. Consultant will acknowledge Blue Cross in all materials related to the Project including but not limited to: promotional literature, brochures, publications, press releases, advertisements and digital/multi-media content. The following language, or such other language approved by Blue Cross as set forth in the above mentioned Exhibit, will be used: Funding for this project is provided by the Center for Prevention at Blue Cross and Blue Shield of Minnesota, as part of the Blue Cross’ long-term commitment to tackle the four leading causes of heart disease and cancer: tobacco use, obesity, lack of physical activity and unhealthy eating. H. Responding to Media Inquiries about Blue Cross: Consultant may not make any media statements on behalf of Blue Cross under any circumstance. However, Consultant may publicize the Project that Blue Cross has funded the Project and advise media to contact Blue Cross directly for more information. In addition, if any media outlet contacts Consultant requesting comment on behalf of Blue Cross, Consultant will contact its Blue Cross Communications representative immediately. Any proactive outreach to media will be coordinated with Blue Cross Communications staff as specified in the attached in the above mentioned Exhibit. Consultant will work collaboratively with Blue Cross, and Blue Cross’ evaluator, to help develop evaluation plan and will supply information and resources based on evaluation plan. Upon request by Blue Cross Project Manager, Consultant will provide one article/entry/update that summarizes valuable lessons that could help serve as a model in Minnesota. City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 24 Page 3 of 19 CFCMA KMA 3.13 city of st. louis park alfa schedule 26jun2013 las v2 I. Consultant will dedicate a single staff person responsible for coordinating the Project activities. The staff person will serve as primary contact for Blue Cross and other service providers. J. Consultant must initiate contact with Blue Cross Project Manager at least once per month, or as agreed upon by Consultant and Project Manager. K. Consultant will notify Blue Cross Project Manager within 3 business days when there is a change of personnel on the Schedule. L. Upon direction by Blue Cross Project Manager, Consultant will develop and submit a Work Plan for year 2 funding cycle by June 1, 2014. M. The twelve (12) month Project budget supports the Project for the period of July 1, 2013, to June 30, 2014, attached hereto as Appendix B, and has been approved by Blue Cross Project Manager. Blue Cross reserves the right to refuse payment for any expenses which were not in an approved budget. Consultant will obtain Blue Cross Project Manager’s pre- approval for the following: 1. Any budget change after work begins that results in more than a 10% change in an individual line item. Proposed changes cannot affect the overall Schedule fee amount. 2. Modifying or adding subcontractors that are not in the approved budget. 3. Equipment purchases of $500 or greater that are not in the approved budget. Examples of equipment include computers, projectors, printers, etc. 4. Travel outside the state of Minnesota. 5. Costs for attending conferences. The only exception is if it is a Blue Cross mandated conference. Examples include conference registration fees and travel costs. 6. All costs should be reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time Consultant made the decision to incur the fee. Consideration will be given if the cost is of a type generally recognized as ordinary and necessary for the performance of the Contract. 4. DELIVERABLES. A. Consultant will submit progress reports during the Contract period. The reports will be due on the following dates: Name of Report Period Covered Due Date 6-month report July - December 2013 January 31, 2014 6-month report January - June 2014 July 31, 2014 B. Report templates will be provided by Blue Cross Project Manager and may include, but are not limited to: 1. A listing of meeting dates and attendees; 2. An overview of any assessment results; 3. A list of stakeholder participants; 4. A summary of any special events; and 5. A portfolio of any media coverage. City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 25 Page 4 of 19 CFCMA KMA 3.13 city of st. louis park alfa schedule 26jun2013 las v2 5. CONSULTANT PERSONNEL. Personnel Who Will Perform Services: A. The following Consultant personnel will perform Services under this Agreement. The name of any new employee not yet hired will be sent to Blue Cross Project Manager via email when they are hired: Name Employee (E) or Subcontractor (S) If subcontractor, state name & address U.S. citizen? (Y/N) If not U.S. citizen, indicate citizenship & type of work permit or visa 6. CHARGES. Blue Cross agrees to pay Consultant for the Services as specified below: A. For the Services described herein, Blue Cross will pay Consultant fees for actual costs for items listed in Appendix B, Budget. B. Invoicing and payment will be pursuant to Section I, part 5 of the Agreement. C. In no event will Blue Cross be required to pay more than $149,900 for Services and approved expenses pursuant to this Schedule unless otherwise mutually agreed upon in writing. Consultant acknowledges that it will not be paid for Services and expenses that exceed the dollar amount in the previous sentence unless otherwise agreed upon in writing. 7. EXPENSES. Blue Cross will reimburse Consultant for the reimbursable travel and accommodation expenses listed in the Budget attached as Appendix B, incurred during the performance of this Schedule and any related Change Orders. Reimbursable expenses will be subject to Blue Cross’ Contractor/Consultant Expense Reimbursement Policy and attached hereto as Exhibit 2 to the Active Living for All Master Agreement, which Blue Cross may amend from time to time. Expenses in excess of the limit stated in this paragraph are subject to prior written approval by Blue Cross and may be incurred only if the parties agree to such additional expenses pursuant to a Change Order. Consultant will invoice Blue Cross separately for reimbursable expenses on a monthly basis. 8. SCHEDULE TERMINATION. Subject to the terms and conditions of the Agreement, this Schedule will terminate upon Consultant’s successful completion of the Services and formal acceptance of the Deliverables, if any, by Blue Cross. 9. PAYMENTS. A. Unspent Advance Funds: Notwithstanding the advance payment provisions below, Consultant agrees to repay any unspent advanced funds within sixty (60) days of written request by Blue Cross, following financial report reconciliation procedures set forth in this section. B. Payment: Consultant is eligible to receive an advance payment of up to twenty percent (20%) of the Schedule amount upon the signing of the Agreement. To receive the advance, Consultant must complete and submit an Advance Request form to Blue Cross Project Manager. Subsequent payments to Consultant will be made on a reimbursement basis based on the actual costs the Consultant incurs for the deliverables stated in this Agreement. The Consultant will submit requests for reimbursement using the Invoice form provided by Blue Cross. At the last billing cycle, Blue Cross will reconcile the total amount that was paid to the Consultant to the total amount of expenditures Consultant incurred on this Agreement. The City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 26 Page 5 of 19 CFCMA KMA 3.13 city of st. louis park alfa schedule 26jun2013 las v2 total amount paid to Consultant (including advance payments) must equal the total expenses for the Agreement. If the total amount paid to the Consultant is greater than the total expenses incurred, the Consultant will pay Blue Cross the difference. 10. TOBACCO INDUSTRY RELATIONSHIP. Pursuant to Section II, part 7.5, of the Active Living for All Master Agreement: A. If Consultant has had any relationship with the tobacco industry in the past 5 years, Consultant will provide the following information within 5 days of receipt of this agreement. Name/description of project Our organization’s role in project Depts/divisions within our organization that carried out this work Funder(s) of the project Timeframe in which we were involved in project In Witness whereof, the parties have executed this Agreement on the date(s) indicated below. BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota: City of St. Louis Park By: By: Signature David Spalding Senior Vice President, Business Development Signature Print Name Print Name Date Date City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 27 Page 12 of 19 CFCMA KMA 3.13 city of st. louis park alfa schedule 26jun2013 las v2 Exhibit 1 to ENGAGEMENT SCHEDULE #1 Communications Requirements for Funded Organizations City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 28 Page 18 of 19 CFCMA KMA 3.13 city of st. louis park alfa schedule 26jun2013 las v2 Exhibit 2 to ENGAGEMENT SCHEDULE #1 Blue Cross’ Contractor/Consultant Expense Reimbursement Policy City Council Meeting of August 5, 2013 (Item No. 8a) Title: Health in the Park Initiative/Blue Cross Blue Shield Funding Page 29 Meeting: City Council Meeting Date: August 5, 2013 Consent Agenda Item: 8b EXECUTIVE SUMMARY TITLE: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats RECOMMENDED ACTION: Motion to Adopt Resolution amending the Comprehensive Plan Land Use Map from Civic (CIV) to Medium Density Residential (RM) on the Most Holy Trinity site at 3998 Wooddale Avenue South and 4017 Utica Ave South. POLICY CONSIDERATION: Does the City Council support the amendment to the Comprehensive Land Use Plan Map to facilitate rezoning, platting and a PUD for the redevelopment of the Most Holy Trinity site for medium-density residential development? SUMMARY: A request to amend the City’s Comprehensive Plan Land Use Map has been submitted for property at 3998 Wooddale Avenue South and 4017 Utica Avenue South. The request is to change the land use designation from CIV – Civic to RM – Medium Density Residential, which allows a density of 6 - 30 units per acre. The amendment request is driven by a specific development project of 34 units (one 2-story building and five 3-story buildings) at a density of 14 units per acre. The amendment would allow development that meets several of the land use and housing goals in the City’s Comprehensive Plan, including: - increase mix of housing types and housing choices; - promote medium and high density residential development near commercial centers; - ensure that new medium and high density residential development is near transit service; - provide higher density residential transitions between low density residential and commercial. The Planning Commission held a public hearing on June 5, 2013 and recommended approval of the amendment request as it meets several goals of the Comprehensive Plan. The City Council discussed the request at the June 24 Study Session. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Draft Resolution Land Use Map of Project Area, Existing & Proposed Excerpt of Planning Commission Minutes Proposed Development Site Plan and Related Documents Prepared by: Ryan Kelley, Associate Planner Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of August 5, 2013 (Item No. 8b) Page 2 Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats DISCUSSION BACKGROUND: The Church of the Most Holy Trinity was founded on the site in 1944 and was closed in December of 2011. A charter school that was operating in the building subsequently closed in 2012. The Church was merged with Our Lady of Grace in Edina, and has put the property up for sale. Gatehouse Properties Ltd. has entered into a purchase agreement with Our Lady of Grace for the site. The purchase includes two parcels, both 3998 Wooddale Avenue which contains a single-family home, and 4017 Utica Avenue, which contains a single-family home and the school/church building, addressed 3946 Wooddale Avenue South. The developer held neighborhood meetings on March 12th and April 17th to obtain feedback on the proposed redevelopment. The developer made revisions to the project in response to some of the feedback received at those meetings. The Comprehensive Plan Amendment was recommended by the Planning Commission on June 5, 2013. Site Conditions: The combined parcels are 2.42 acres in size and feature a vacant 3-story school/church building and two single family homes. The house on the same property as the school was used for the parish priest and the other house was used for church support staff. The total height of the existing school building varies but is generally 36’8” to the top of the parapet and 45’ to the top of the chimney. There is also a playground on the southwestern portion of the site. The site lies between Wooddale and Utica Avenues just south of Excelsior Boulevard. There is a funeral home on the north side of the property, commercial properties to the northwest and northeast, single family homes immediately to the west, south and east, and another church is to the southeast of the property, across Wooddale Avenue. The topography of the site is depressed by approximately five to six feet throughout, except for the edges along Toledo Avenue, Utica Avenue and Wooddale Avenue. At these edges the grade of the property is level with that of the adjacent streets, effectively existing as a bowl between Wooddale and Utica Avenues. The lowest level of the school and church building is below the grade of Wooddale Avenue but is at grade with the onsite parking lot. The site lies within the Minnehaha Creek Watershed District. Development Proposal: The proposed development would demolish all of the existing buildings and replace them with six new townhome style buildings for a total of 34 units (76 bedrooms) and surface parking. The building on the corner of Toledo and Wooddale Avenues would be two stories, contain four units (8 total bedrooms) and front Wooddale Avenue. Each of the other five buildings would also face Wooddale Avenue, contain six units (14 total bedrooms), and each building would be three stories at Wooddale Avenue with the lower-level units having a basement. The buildings will look similar to typical townhome buildings yet will have multiple units vertically stacked within City Council Meeting of August 5, 2013 (Item No. 8b) Page 3 Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats the same structure. Each of the six-unit buildings will have two rooftop decks, with one available for purchase by any of the owners within that building and the other for use by the other residents. The two story building will not have any rooftop decks. The height of the three story buildings at Wooddale Avenue would be approximately 46’ to the top of the parapet and 54’ to the top of the elevator housing, compared to approximately 36’ to the top of the parapet of the existing school/church building. Graphics and plans depicting the proposed condominium buildings are included as attachments. The current site plan indicates the general arrangement and footprint of the buildings as well as parking areas. Parking for residents would be provided in attached garages as well as onsite in surface parking lots. As proposed, the development exceeds the parking requirements found in the Zoning Ordinance, with a total of 82 spaces while 76 are required. The developer has not requested any parking reductions, and all proposed parking spaces are accommodated on-site. Parking access is proposed from Toledo Avenue and from Utica Avenue with a driveway connection between the two parking areas. The concept site plan was designed to improve the frontage along Wooddale Avenue by bringing the buildings closer to the street and placing parking areas toward the rear of the site. The buildings are also designed to be of a similar height to the existing school building. PRESENT CONSIDERATIONS: A request for amending the City’s Comprehensive Plan and zoning map should be evaluated from the perspective of land use planning principles and community goals. These reflect the community’s long range vision and broad goals about what kind of community it wants to be and what makes strong neighborhoods. This amendment request is driven by a specific proposal for development. The request is for development at a density of 14 units per acre, which is considered Medium Density (RM) in the Comprehensive Plan. General Consistency with the Comprehensive Plan The City’s land use and housing plans are built from the broad goals, policies and implementation strategies incorporated in the Comprehensive Plan. These elements are the basis for evaluating the requested change. The proposed change to the Comprehensive Plan map meets many of the goals found in the Land Use and Housing chapters, including: - human scale development - increase mix of housing types and housing choices - promote medium and high density residential development near commercial centers - ensure that new medium and high density residential development is near transit service - provide higher density residential transitions between low density residential and commercial development Changing the Comprehensive Plan map will allow for a new housing type in the area surrounding the intersection of Wooddale Avenue and Excelsior Boulevard. At the present time, the area to the south, east and across Hwy 100 to the west is predominantly single family houses constructed in the 1950s and 60s, with commercial development to the north. The Comprehensive Plan calls for an increase in the availability of neighborhood housing choices City Council Meeting of August 5, 2013 (Item No. 8b) Page 4 Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats and a broader range of housing types. The proposed development would do so, while also providing a transition between existing homes and the commercial area to the north. The developer has additionally responded to neighborhood concern regarding the scale of buildings by reducing the size of the southernmost building to a 2-story building as a buffer between the taller portion of the development and the single-family homes to the south. The proposed project is also within 500 feet of the Miracle Mile Shopping Center and the Excelsior and Wooddale Intersection which provides access to a major bus transit route and a local “circulator” route. Availability of Infrastructure: The City Engineer has reviewed the proposed development and found the public water and sanitary sewer infrastructure in the area to be adequate to serve the proposed development. Traffic Traffic arose as an important issue for neighbors in the area. A traffic study was conducted to review the projected potential impacts of the development on, and capacity of, adjacent roadways and intersections. The traffic study includes an analysis of how the proposed development may impact the overall number of vehicle trips in the area. Results indicate that the proposed development will not have increased impacts compared to recent use of the property as a church and school. An excerpt from the Traffic Study Report and summary table of a trip generation comparison between the church/school use and the proposed development is below. “Results of the trip generation estimates shown in Table 3 indicate the proposed redevelopment is expected to generate 15 a.m. peak hour, 17 p.m. peak hour, and 198 daily trips. Daily trips generated by the proposed redevelopment are expected to be slightly higher than trips generated by the charter school in more recent years (year 2009 through year 2011). However, the peak hour trip generation estimates indicate the proposed redevelopment is likely to generate roughly the same amount of p.m. peak hour trips, but significantly less a.m. peak hour trips than the former land use.” Storm water Due to the topography of the site there are significant challenges to managing storm water on the property. The development team and City staff have had a number of conversations regarding sound engineering planning and management practices. Because of building code requirements and City storm water management requirements, along with engineering recommendations, the site is going to be filled to best meet the aforementioned requirements and provide reasonable safeguard against flooding of the residential units due to storm water issues. The development will include underground storage tanks with overflow provided through an underground pipe which connects to the City storm sewer in Wooddale Avenue. The City Engineer is reviewing the storm water plan for compatibility with City infrastructure. The Minnehaha Creek Watershed City Council Meeting of August 5, 2013 (Item No. 8b) Page 5 Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats District (MCWD) is requiring a variance to discharge any water from the site, as the current site conditions do not allow any water to leave the site. The developer is applying for this variance from MCWD, and a granting of this variance will be a condition of approval of the PUD if the City Council approves the Comprehensive Plan Amendment request and the project moves forward. Impacts to Surrounding Properties and the Physical Character of the Neighborhood Removal of the existing school building and two adjacent homes will change the character of the site. The proposed development generally follows the height, density and ground floor area ratio of the R4 Zoning District and in doing so minimizes the impacts of redevelopment on surrounding properties. The proposed concept appears to exceed some of the R4 zoning requirements such as: floor area ratio and parking setbacks. It is anticipated that the property would be rezoned as a planned unit development (PUD). Public Process: To date, the following meetings and communications have occurred: • March 12th, 2013: Neighborhood Input Meeting, held at Wolfe Lake Professional Center • April 17th, 2013: Neighborhood Input Meeting, held at Wolfe Lake Professional Center • June 5th, 2013: Planning Commission recommends approval of Comprehensive Plan Amendment at Public Hearing Summary: Requested is a Comprehensive Plan Land Use Map amendment to change the property at 4017 Utica Avenue and 3998 Wooddale Avenue “CIV – Civic” to “RM – Medium Density Residential.” The Comprehensive Plan amendment must be approved prior to review of other applications that would allow the developer’s proposal to move forward. Recommendation: Staff recommends approval of the Comprehensive Plan Land Use Map Amendment. The proposed development provides for a new housing type in the project area and meets the Comprehensive Plan’s goal of increasing medium-density housing near commercial areas and low-density residential areas. Additionally, the school and church building have closed, leaving the property vacant. The city has seen similar uses close in recent years as well. It is unlikely that another “Civic” use would redevelop on this property. The proposed development meets goals of the Comprehensive Plan and avoids the existence of a vacant property. NEXT STEPS: If the City Council approves the Comprehensive Plan Amendment Request, staff will process the amendment through the Metropolitan Council. Approval would be contingent on a variance being granted by the Minnehaha Creek Watershed District. If the variance is granted, the developer would then apply for: a rezoning to R-4 Multiple-Family Residence, a preliminary and final plat and a preliminary and final PUD. City Council Meeting of August 5, 2013 (Item No. 8b) Page 6 Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats RESOLUTION NO. 13-____ A RESOLUTION APPROVING AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 3998 WOODDALE AVENUE SOUTH 4017 UTICA AVENUE SOUTH WHEREAS, the 2030 Comprehensive Plan was adopted by the City Council on December 21, 2009 and provides the following: 1. An official statement serving as the basic guide in making land use, transportation and community facilities and service decisions affecting the City. 2. A framework for policies and actions leading to the improvement of the physical, financial, and social environment of the City, thereby providing a good place to live and work and a setting conducive for new development. 3. A promotion of the public interest in establishing a more functional, healthful, interesting, and efficient community by serving the interests of the community at large rather than the interests of individual or special groups within the community if their interests are at variance with the public interest. 4. An effective framework for direction and coordination of activities affecting the development and preservation of the community. 5. Treatment of the entire community as one ecosystem and to inject long range considerations into determinations affecting short-range action, and WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities and will promote the public health, safety, and general welfare, and WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning Commission of the City of St. Louis Park and amendments made, if justified according to procedures, rules, and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and WHEREAS, the Planning Commission of the City of St. Louis Park recommended adoption of an amendment to the 2030 Comprehensive Plan on June 5, 2013, based on statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the interests of citizens and public agencies; City Council Meeting of August 5, 2013 (Item No. 8b) Page 7 Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 13-19-CP); WHEREAS, the contents of Planning Case File No. 13-19-CP are hereby entered into and made part of the public hearing record and the record of decision for this case; NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is hereby amended as follows: Change the land use designation as shown on the attached map from CIV – Civic to RM Medium Density Residential. Reviewed for Administration: Adopted by the City Council August 5, 2013 Contingent upon review by the Metropolitan Council City Manager Mayor Attest: City Clerk Comprehensive Land Use Plan - Existing City Council Meeting of August 5, 2013 (Item No. 8b) Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats Page 8 Comprehensive Land Use Plan – Proposed Amendment City Council Meeting of August 5, 2013 (Item No. 8b) Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats Page 9 Excerpts – Unofficial Minutes Planning Commission - City of St. Louis Park June 5, 2013 3. Public Hearings A. Wooddale Flats – Comprehensive Plan Amendment Location: 3998 Wooddale Ave. S. and 4017 Utica Ave. S. Applicant: Gatehouse Properties, Ltd. Case No.: 13-19-CP Ryan Kelley, Associate Planner, presented the staff report. He explained that the land use, although not anticipated by the Comprehensive Plan, provides a residential use in the neighborhood, while providing a transition between single family homes and commercial uses. David Carlson, Gatehouse Properties, Ltd. spoke about the proposed design for 6 townhome style buildings for a total of 34 units. He said they currently have 7 reservations. Chair Robertson opened the public hearing. Bill McGuire, 3971 Wooddale Ave. said he lives across from the proposed condominiums. He said he felt the proposal was a very reasonable use of the land. He said the new residents will have a strong interest in protecting the neighborhood and seeing it prosper. He said he’d love to see the condominiums across the street from him. Beth Kalpin, 4048 Toledo Ave. S., asked if there would be an opportunity to hear more about the traffic study, specifically regarding parking. She said Toledo is quite a busy street in terms of parking. Mr. Kelley responded that the site provides more parking than required. On-street parking is not anticipated. Chair Robertson spoke about the June 5th letter provided to Commissioners from Tasks Unlimited, 4029 Utica Ave. S., regarding their parking area which is currently only accessible by way of the church parking lot. He asked if Tasks Unlimited staff would be parking on the street if the development is approved. Mr. Kelley responded that the letter was received by staff just a few hours ago. He said staff had received in inquiry from Tasks Unlimited property owner about the easement and the project. Staff’s interpretation of the survey provided by Tasks Unlimited is that the easement is provided to the church property for that parking and drainage area. Staff has asked the developer and Tasks Unlimited owner to work out any issues that might be related to the easement. If the project went forward staff would make sure any issues related to that had been resolved. He said he couldn’t answer if that is all the parking Tasks Unlimited has and how that would work out. Karen Coggins, owns a building at 4045 Vernon Ave. S. She did not attend any of the neighborhood meetings. She asked how the traffic study was done. She spoke about an entrance at Utica coming out at Vernon, wondering about the traffic pattern. Would cars turn right onto Vernon, off of Wooddale or through the neighborhood back around City Council Meeting of August 5, 2013 (Item No. 8b) Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats Page 10 Toledo or out to 41st & Wooddale to access getting in and out of the proposed complex. She said she asked because her building comes around to the sound wall. She said she never goes out that way because she can never get through the intersection. She said she leaves her property through an alley, which in the winter is nearly impossible to make a turn. In the past there has only been church traffic on Sundays and school traffic, so there have been limited times. With new residential there will be more people coming and going all the time. She said it is nearly impossible to get out of the neighborhood right now. Matt Pacyna, Traffic Engineer, SRF Consulting, said their traffic study determined that given it is a residential development they expect about 90% of the development traffic to come from and go to the north towards Excelsior Blvd. From a trip generation perspective about half the traffic would use each access point. They don’t expect the development to negatively impact what exists traffic-wise. The trip generation difference is negligible from a traffic operations perspective. There was a discussion about addressing existing traffic issues at Exc. Blvd. and Wooddale. Ms. Coggins spoke about the development of a lot of commercial access on Exc. Blvd. over the last 15 years. Ms. McMonigal stated that the conclusion of the traffic study is that there isn’t any increase over the existing church and school traffic when it was operating. Chair Robertson said the traffic study had just been distributed to the Commission. Traffic is one of the detail issues that will get revisited as the project moves forward through the planning process. Harvey Meyer, 4044 Toledo Ave. S., asked for a copy of the traffic study. He said his property has a fence which separates his property from the proposed development. He said he was concerned about vegetation along the property line to insure privacy and minimize visibility to the development. He said the developer has assured him that his concerns will be addressed. He said as the proposal proceeds he would like to get assurances on that and assurances that it meets city approval. Dale Sopkowiak, 3985 Wooddale Ave., said traffic is a problem in the neighborhood but something is going to happen on the site and he thinks what is being proposed is the best situation and he strongly supports the development. He added that it should also beautify the area. Randy Manthey, 3979 Dakota Ave. S., stated that he is a resident of the Brooklawns neighborhood. He and his wife are longtime residents and are currently looking for this type of home that will be new, have low maintenance, close to the city, traditional architectural design, close to public transportation, walkability, energy efficient, strong neighborhood, and located in St. Louis Park. He added that Wooddale Flats is the kind of project that is in alignment with Vision St. Louis Park. Mary Beth Sinclair, 3908 Kipling Ave. S., said she has lived in the neighborhood for 12 years. She said she’s been looking for housing like Wooddale Flats for a couple of years. She said she supports the project and is one of the 7 people who have made reservations with the developer. City Council Meeting of August 5, 2013 (Item No. 8b) Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale FlatsPage 11 Gloria Hiner, 4050 Wooddale, a 70-year resident, commented that there isn’t any medium density housing on the south side of Excelsior Blvd., it is primarily single family residential. Most of the dense residential is on the north side of Excelsior Blvd. She said she doesn’t favor the proposal because it sets a precedent for all of the south Exc. Blvd. to turn into dense housing. She said she would like to see the site remain civic use. Chair Robertson closed the public hearing. Commissioner Person stated the density being proposed is very reasonable. He said it will be an excellent addition to the city. Commissioner Kramer said he supports going ahead with the request but underscoring that traffic needs to be considered, and we ought to take this as an opportunity to fix it. He made a motion to recommend approval of the Comprehensive Plan amendment for 3998 Wooddale Avenue and 4017 Utica Ave. S. Commissioner Morris seconded the motion, including for the record, receipt of the letter from Tasks Unlimited regarding property access issue. The motion passed on a vote of 5-0. City Council Meeting of August 5, 2013 (Item No. 8b) Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale FlatsPage 12 AERIAL PHOTO City Council Meeting of August 5, 2013 (Item No. 8b) Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale Flats Page 13 April 25th, 2013Minneapolis, MN3 WOODDALESITE PLAN654321Wooddale Avenue SouthWest 40th StreetToledo Avenue S.Utica Avenue SouthVernon Ave S.City Council Meeting of August 5, 2013 (Item No. 8b) Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale FlatsPage 14 April 25th, 2013Minneapolis, MN4 WOODDALE4 UNIT BUILDING PERSPECTIVECity Council Meeting of August 5, 2013 (Item No. 8b) Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale FlatsPage 15 April 25th, 2013Minneapolis, MN1 WOODDALE6 UNIT BUILDING PERSPECTIVECity Council Meeting of August 5, 2013 (Item No. 8b) Title: Comprehensive Plan Amendment from CIV- Civic to RM - Medium Density Residential, Wooddale FlatsPage 16